Terms of Service
Welcome, and thank you for your interest in Functional Systems Inc. ("Functional Systems," "we," or "us"). These Terms of Service (the "Agreement") form a legally binding agreement between Functional Systems and the organization or entity using the Service ("Customer").
BY ACCEPTING THIS AGREEMENT (INCLUDING BY CLICKING A BOX, SIGNING AN ORDER FORM, OR USING THE SERVICE), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.
1. Overview
Functional Systems provides a hosted database and data infrastructure platform accessible through APIs and related interfaces (the "Service").
The Service allows customers to store, index, query, and retrieve data through Functional Systems infrastructure.
2. Access and Use of the Service
2.1 Orders and Subscriptions
- an order form executed by the parties
- an online signup process
- electronic order details provided by Functional Systems
Each Order is governed by and incorporated into this Agreement.
Features or functionality of the Service may vary depending on the subscription plan selected by Customers.
2.2 License
Subject to Customer's compliance with this Agreement, Functional Systems grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Term to access and use the Service for its internal business purposes.
2.3 Authorized Users
Customer is responsible for:
- maintaining credential confidentiality
- all activities conducted under its accounts
- ensuring Users comply with this Agreement
3. Acceptable Use Restrictions
- resell, sublicense, or distribute the Service to third parties
- use the Service to build a competing product
- reverse engineer or attempt to access source code
- interfere with the Service or circumvent security controls
- upload malware or malicious content
- misuse the Service in ways that threaten system security
4. Query Results
Customer acknowledges that Query Results are generated automatically based on Customer Data, Customer queries, and Customer configurations.
Functional Systems does not independently verify the accuracy, completeness, or legality of Customer Data and is not responsible for inaccuracies in Query Results resulting from:
- Customer Data
- Customer queries
- Customer configurations or integrations
5. Customer Data
5.1 Ownership
Customer grants Functional Systems a limited license to process Customer Data solely to:
- provide the Service
- operate and maintain the Service
- provide support
- improve the Service
5.2 Usage Data
Usage Data may be used for:
- service operation
- billing
- analytics
- product improvement
6. Personal Data
Customer may submit Personal Data to the Service only if the parties have entered into a Data Processing Addendum ("DPA").
A Data Processing Addendum (DPA) is available upon request for customers that require it for compliance with applicable data protection laws.
7. Prohibited Data
- protected health information under HIPAA
- payment card data subject to PCI-DSS
- government identification numbers
- biometric identifiers
- data regulated by children's privacy laws
- data subject to export control restrictions
8. Security and Compliance Disclaimer
- HIPAA
- PCI-DSS
- FedRAMP
- SOC 2
Customer is responsible for determining whether the Service is appropriate for its regulatory obligations.
9. Support
Functional Systems will provide reasonable technical support to paying customers during the subscription term.
Support levels may vary depending on the subscription plan.
10. Service Changes
Functional Systems may modify or improve the Service from time to time.
Where reasonably practicable, Functional Systems will provide advance notice of material changes that significantly reduce core functionality.
11. Fees and Payment
11.1 Payment Terms
Unless otherwise stated:
- invoices are due within 30 days
- late payments may incur 1.5% monthly interest
- fees are non-refundable
Customer is responsible for paying applicable taxes.
Calculation of fees will be based on Functional Systems' internal measurements of Service usage.
11.2 Subscription Auto-Renewal
Unless otherwise stated in the applicable Order: subscriptions will automatically renew for equivalent periods either party may cancel by providing written notice at least 30 days prior to the renewal date.
12. Beta Services
Beta Services:
- may be discontinued at any time
- may contain bugs
- are provided "as-is" without warranties.
13. Term and Termination
13.1 General Term and Termination
Either party may terminate the Agreement if the other party:
- materially breaches the Agreement and fails to cure within 30 days
- becomes insolvent
- ceases operations
- Customer access to the Service will cease
- Customer Data will be deleted immediately unless retention is legally required.
13.2 Suspension of Service
- Customer's fees are past due
- Customer's use of the Service poses a security risk to the platform
- Customer materially breaches this Agreement.
14. Intellectual Property
- the Service
- software
- documentation
- Usage Data
15. Confidentiality
Confidential Information does not include information that:
- becomes public without breach
- was known prior to disclosure
- was independently developed.
16. Warrant Disclaimer
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". FUNCTIONAL SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
17. Limitation of Liability
Functional Systems will not be liable for:
- indirect damages
- lost profits
- lost data
- business interruption.
18. Indemnification
- Customer Data
- misuse of the Service
- violation of applicable laws.
19. Privacy Policy
Functional Systems processes personal information as described in its Privacy Policy available at:
https://lambdadb.ai/privacy-policy
20. Publicity
Customer may state publicly that it is a customer of Functional Systems or a user of the Service. Functional Systems may refer to its relationship with Customer on its marketing material, website, and during discussions with prospective customers. Functional Systems will comply with Customer's publicly available trademark guidelines. Customer may opt-out of this publicity at any time by providing written notice to Functional Systems.
21. Export Compliance
Customer agrees to comply with all applicable export control laws.
Customer represents that it is not located in a sanctioned jurisdiction or on any restricted party list.
22. Governing Law
This Agreement is governed by the laws of the State of Delaware.
Any disputes will be resolved in the courts located in Delaware.
23. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements relating to its subject matter.
24. Modifications to this Agreement
Functional Systems may modify this Agreement from time to time. Functional Systems will provide advance notice of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes Customer's acceptance of the modified Agreement.
Start simple. Scale to billions.
Discover how LambdaDB keeps a semantic knowledge store fast and affordable as your data explode in size.
Start simple. Scale to billions.
Discover how LambdaDB keeps a semantic knowledge store fast and affordable as your data explode in size.
Start simple. Scale to billions.
Discover how LambdaDB keeps a semantic knowledge store fast and affordable as your data explode in size.
© Functional Systems, Inc. | San Francisco, CA
© Functional Systems, Inc. | San Francisco, CA
© Functional Systems, Inc. | San Francisco, CA