Last updated: 27 August 2026
Company: FenixMinds B.V.
Trading as: FenxLabs
KvK: 91762782
BTW: NL865763495B01
Location: Amsterdam, The Netherlands
Contact: contact@fenxlabs.ai
Phone: +31 85 060 5273
Data Protection Contact: joe@fenxlabs.ai
“Account” means a registered user account on the Platform or the Chat App.
“AI Provider” means a third-party provider of artificial intelligence models or services to which User queries are routed (e.g., OpenAI, Anthropic, Google, Mistral). On the Platform, AI Providers are selected and configured by the User through the Platform's routing settings; where a User has not configured a custom model stack, the Platform routes queries to the Default Model Baseline, which the User may change at any time. On the Chat App, AI Providers are selected by FenxLabs in its sole discretion.
“AI Provider Terms” means the terms of service, acceptable use policies, and data processing terms of an AI Provider, as published by that AI Provider from time to time.
“Chat App” means the consumer-facing AI chat application offered by FenxLabs through interfaces made available by FenxLabs from time to time. The Chat App is built on the same technical architecture as the Platform but is a separate product in which FenxLabs determines the routing logic and AI Provider selection. The Chat App does not provide Users with model configuration, routing controls, or other Platform administration features.
“Controller” has the meaning given in Article 4(7) of the GDPR: the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Credits” means the pre-paid units of value purchased by a User and consumed when using the Service. Each query or operation consumes a defined number of Credits based on the AI Provider, model, and query complexity.
“Default Model Baseline” means the pre-configured selection of AI models made available by FenxLabs on the Platform at any given time, as described in Section B.3 of Schedule B.
“DPA” means the Data Processing Agreement set out in Schedule A to these Terms.
“FenxLabs,” “we,” “us,” or “our” means FenixMinds B.V., trading as FenxLabs, registered in the Netherlands under KvK number 91762782.
“Feedback” means suggestions, ideas, or recommendations voluntarily provided by a User for improving the Service.
“Marketplace” means a third-party cloud marketplace or software distribution platform through which the Service may be made available, including but not limited to Microsoft Azure Marketplace, AWS Marketplace, and Google Cloud Marketplace.
“Marketplace Operator” means the entity that operates a Marketplace (e.g., Microsoft, Amazon Web Services, Google).
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation), as amended.
“Personal Data” has the meaning given in Article 4(1) of the GDPR.
“FenxARC” means the AI routing and orchestration platform provided by FenxLabs, accessible through its authenticated interface at https://askarc.app and through associated APIs, tools, and integrations.
“Platform” means FenxARC.
Naming. FenxARC™ is the current product name. References in previous versions of these Terms to “ARC” or the “ARC Platform” refer to FenxARC.
“Privacy Policy” means the FenxLabs privacy policy, available at https://fenxarc.com/privacy.
“Risk Disclosure” means the AI Technology Risk Disclosure set out in Schedule B to these Terms.
“Processor” has the meaning given in Article 4(8) of the GDPR: a natural or legal person which processes Personal Data on behalf of the Controller.
“Service” means the AI routing and orchestration service provided by FenxLabs, including access to AI Providers, query processing, and all related features and functionality, whether accessed via the Platform, the Chat App, or any other interface made available by FenxLabs.
“Sub-processor” means any Processor engaged by FenxLabs to process Personal Data on behalf of the Controller.
“Subscription” means a recurring payment arrangement under which a User pays a periodic fee for access to the Chat App, including any free tier, standard tier, or premium tier as offered by FenxLabs from time to time.
“User,” “you,” or “your” means any natural or legal person who accesses or uses the Service, whether through a free or paid Account on the Platform or the Chat App.
“Website” means the public-facing website at https://fenxarc.com, including its marketing pages, product descriptions, documentation, calculators, demonstrations, articles, and other content accessible without authentication, as distinct from the authenticated Platform.
By creating an Account, accessing, or using the Service, you agree to be bound by these Terms of Service, the Privacy Policy, the DPA, and the Risk Disclosure (collectively, the “Agreement”). If you do not agree to any part of this Agreement, you must not use the Service. You acknowledge that you have read and understood the Risk Disclosure set out in Schedule B, which describes the inherent characteristics, limitations, and risks of AI technology as it applies to the Service.
(a) You must be at least 16 years of age to use the Service.
(b) If you are aged 16 or 17, you may use the free tier of the Service. To purchase Credits or use paid features, you must either be at least 18 years of age or have the consent of a parent or legal guardian. FenxLabs reserves the right to request evidence of parental consent before processing a paid transaction by a person under 18.
(c) If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to this Agreement.
These Terms apply to both consumers and business users. Where specific provisions apply only to consumers or only to business users, this is stated expressly. Nothing in these Terms affects mandatory consumer rights under applicable EU or national law.
Parts 7 and 8 apply, to the maximum extent permitted by applicable law, to access to and reliance upon the Website whether or not the visitor creates an Account or purchases the Service. Accessing the Website does not by itself create a customer, advisory, fiduciary, or professional relationship with FenxLabs.
FenxARC is a privacy-first AI routing platform that transmits User queries to AI Providers selected or configured by the User. FenxLabs provides the technical routing infrastructure, orchestration layer, and user interface. FenxLabs does not itself generate AI outputs; it transmits queries to the selected AI Provider and returns the response to the User.
FenxLabs also offers the Chat App, a consumer-facing AI chat application that allows Users to interact with AI models in a conversational interface. The Chat App is built on the same technical architecture as the Platform but is a separate product. Unlike the Platform, the User does not select or configure AI Providers or routing logic on the Chat App; FenxLabs determines the routing logic and AI Provider selection in its sole discretion and may change these at any time. FenxLabs will use commercially reasonable efforts to maintain or improve the overall quality of the Chat App experience when making model selection changes. Where commercially available, FenxLabs selects AI Providers for the Chat App whose API terms prohibit the use of API-submitted data for model training; however, FenxLabs cannot control or guarantee the data handling practices of any AI Provider. The Chat App uses third-party AI models exclusively; FenxLabs does not itself generate AI outputs.
FenxLabs operates as routing infrastructure with a zero-access architecture across both the Platform and the Chat App: FenxLabs does not access, read, inspect, decrypt, or retain the content of User queries or AI-generated responses. Data is encrypted in transit and at rest, and the Service is designed so that FenxLabs does not have the technical ability to access query content. FenxLabs processes only the metadata necessary for routing, billing, and account management (such as timestamps, model selections, token counts, and Credit or Subscription consumption).
The Platform is designed with a privacy-first architecture:
(a) Conversations are encrypted in transit and at rest.
(b) FenxLabs does not use your conversation data to train AI models.
(c) You may delete your conversation history at any time. Deletion is permanent and irreversible.
(d) Usage analytics on the Platform are limited to aggregate, non-identifying metadata necessary for service operation. FenxLabs does not access or analyse User query content for any purpose.
AI outputs are generated by third-party AI Providers, not by FenxLabs. The inherent characteristics, limitations, and risks of AI-generated outputs are described in detail in the Risk Disclosure (Schedule B). You acknowledge and agree that:
(a) AI outputs may be inaccurate, incomplete, or misleading for the reasons described in Schedule B, including but not limited to the probabilistic nature of AI models, hallucination, confabulation, and training data limitations.
(b) You are solely responsible for evaluating, verifying, and acting upon any AI output.
(c) AI outputs do not constitute professional advice of any kind, including but not limited to legal, medical, financial, or engineering advice.
(d) FenxLabs does not endorse, verify, or guarantee the accuracy of any AI output.
FenxLabs provides technical routing infrastructure and complies with the EU AI Act (Regulation (EU) 2024/1689, as amended) as applicable to its role. The specific classification of FenxLabs under the AI Act depends on the nature and configuration of each use case. Where the AI Act imposes obligations on FenxLabs, we will comply with those obligations. Where obligations fall on the User (for example, when the User deploys AI outputs in a high-risk context), the User is responsible for its own compliance.
FenxLabs will use commercially reasonable efforts to maintain the availability of the Service. However, the Service depends on third-party AI Providers and infrastructure, and FenxLabs does not guarantee uninterrupted or error-free access. Scheduled maintenance will be communicated in advance where practicable.
The Service operates on two payment models:
(a) Credits (Platform). Credits are pre-paid units of value consumed when you submit queries or use features on the Platform. The number of Credits consumed per operation depends on the AI Provider, model selected, and the complexity of the query.
(b) Subscriptions (Chat App). The Chat App is available on a subscription basis, including a free tier and one or more paid tiers as offered by FenxLabs from time to time. Subscription tiers, features, and pricing are as described on the Chat App or Website at the time of purchase. FenxLabs may modify the features, usage limits, or models available within any Subscription tier at any time.
(a) Credits may be purchased through the Platform, and Subscriptions may be purchased through the Chat App or Website, at the prices displayed at the time of purchase.
(b) All prices are inclusive of applicable VAT unless otherwise stated.
(c) FenxLabs reserves the right to change Credit pricing or Subscription fees at any time. Price changes do not affect Credits already purchased or the current billing period of an active Subscription.
(a) Credits expire 12 months from the date of purchase unless otherwise specified in writing.
(b) FenxLabs will send expiry reminder notifications to the email address associated with your Account at least 30 days before any Credits are due to expire.
(c) Expired Credits are forfeited and are not refundable, except where prohibited by applicable law or where mandatory consumer protections apply. The forfeiture of expired Credits does not affect any statutory consumer rights you may have under applicable EU or national law.
(d) If a Force Majeure Event (as defined in Part 13.5), including an outage of one or more AI Providers, prevents you from accessing or meaningfully using the Service for more than 7 consecutive days, the 12-month expiry period for any Credits that were unexpired at the start of that event shall be paused for the duration of the disruption and extended by an equivalent number of days. FenxLabs will communicate the applicability of this tolling provision through the Platform or by email.
(e) Credits expire because maintaining pricing integrity and ensuring system resources are allocated efficiently requires periodic reconciliation of outstanding credit balances.
(a) Credits and Subscriptions are digital content and/or digital services within the meaning of Directive 2011/83/EU (as amended and as transposed into national law).
(b) Consent and acknowledgment at purchase. By completing a purchase of Credits or a Subscription, you expressly consent to the immediate supply of the digital content or digital service and acknowledge that you thereby lose your right of withdrawal under Article 16(m) of Directive 2011/83/EU. The act of completing the purchase (including completing the checkout process, confirming payment, or activating a Subscription) constitutes your prior express consent and acknowledgment for the purposes of this provision.
(c) Subscriptions. By subscribing to the Chat App with immediate access to the service, you expressly consent to the immediate commencement of the service and acknowledge that you lose your right of withdrawal for the current billing period. For subsequent billing periods, you may cancel your Subscription at any time before the next renewal date. Cancellation takes effect at the end of the current billing period; no refund is given for the period in which cancellation occurs.
(d) Discretionary refunds. FenxLabs may, at its sole and absolute discretion, issue refunds for unused Credits or unexpired Subscription periods. Any such refund is a voluntary commercial decision by FenxLabs and does not create a precedent, obligation, or entitlement for future refunds. FenxLabs reserves the right to decline any refund request for any reason. This provision does not affect mandatory consumer rights under applicable EU or national law.
FenxLabs may offer free Credits, a free Subscription tier, or other free usage entitlements at its discretion. Free Credits are subject to the same expiry and forfeiture provisions as purchased Credits. FenxLabs may modify, limit, or discontinue any free tier at any time without notice.
(a) The Service may be made available through one or more third-party Marketplaces. If you purchase or subscribe to the Service through a Marketplace, the following provisions apply in addition to the rest of these Terms.
(b) Relationship of terms. Your use of the Service is governed by these Terms regardless of how you acquired access. However, the commercial terms of your purchase (including pricing, billing, invoicing, payment methods, refunds, and tax treatment) may be governed in whole or in part by the Marketplace Operator's terms and your agreement with that Marketplace Operator. To the extent that the Marketplace Operator's commercial terms conflict with Part 3 of these Terms, the Marketplace Operator's terms shall prevail for matters relating to billing and payment. For all other matters (including acceptable use, data protection, intellectual property, liability, and warranties), these Terms shall prevail.
(c) Billing and payment. Where you purchase the Service through a Marketplace, billing and payment are handled by the Marketplace Operator in accordance with your agreement with that operator. FenxLabs is not responsible for billing disputes, payment failures, refund requests, or tax calculations arising from Marketplace transactions. Such matters must be resolved directly with the Marketplace Operator.
(d) Credits and entitlements. Credits or entitlements acquired through a Marketplace are subject to the usage and expiry provisions of these Terms unless the Marketplace listing expressly states otherwise. Where a Marketplace listing specifies different Credit validity periods or usage terms, the Marketplace listing shall prevail for those specific commercial terms.
(e) Marketplace Operator is not a FenxLabs sub-processor. The Marketplace Operator is not a Sub-processor of FenxLabs for the purposes of Schedule A. The Marketplace Operator processes transaction data, billing information, and account data under its own terms and privacy policies, as an independent data controller or under its own data processing arrangements with you. You are responsible for reviewing and accepting the Marketplace Operator's privacy and data processing terms.
(f) No agency or endorsement. The availability of the Service through a Marketplace does not create any agency, partnership, or joint venture between FenxLabs and the Marketplace Operator. FenxLabs does not endorse or assume any responsibility for the Marketplace Operator's services, terms, or data practices.
(g) Termination via Marketplace. If you cancel your subscription through a Marketplace, the cancellation is subject to the Marketplace Operator's cancellation policies. You are responsible for ensuring that your subscription is properly cancelled with the Marketplace Operator. Cancellation through the Marketplace terminates your commercial arrangement for the Service, but does not automatically delete your Account or data. To request Account deletion and data erasure, contact FenxLabs directly in accordance with Part 11.
(h) Support. For issues relating to billing, payment, or Marketplace account management, contact the Marketplace Operator. For issues relating to the functionality, performance, or use of the Service, contact FenxLabs at contact@fenxlabs.ai.
(a) You are responsible for maintaining the confidentiality of your Account credentials.
(b) You are responsible for all activity that occurs under your Account.
(c) You must notify FenxLabs immediately at contact@fenxlabs.ai if you become aware of any unauthorised access to or use of your Account.
You agree not to use the Service to:
(a) Platform Users. You select and configure which AI Providers and models are available to your Account through the Platform's routing settings. Where you have not configured a custom model stack, the Platform routes queries to the Default Model Baseline, which you may change at any time.
(b) Chat App Users. Where you use the Chat App, FenxLabs determines the routing logic and AI Provider selection in its sole discretion. FenxLabs may change the AI Providers, models, or routing logic used by the Chat App at any time. FenxLabs will use commercially reasonable efforts to maintain or improve the overall quality of the Chat App experience when making such changes. Where commercially available, FenxLabs selects AI Providers for the Chat App whose API terms prohibit the use of API-submitted data for model training, but cannot control or guarantee any AI Provider's data handling practices. You acknowledge that FenxLabs selects models based on its own assessment of suitability and that such selection does not constitute a warranty or representation regarding any model's performance, accuracy, or fitness for any particular purpose.
(c) Regardless of whether you use the Platform or the Chat App, FenxLabs operates as routing infrastructure and does not access or retain query content. You are solely responsible for: (i) evaluating and verifying all AI outputs; (ii) ensuring that your use of AI-generated content complies with applicable law; and (iii) in the case of Platform Users, evaluating the suitability, performance, and data protection practices of the AI Providers to which your queries are routed and reviewing and complying with the AI Provider Terms applicable to your selected models.
(d) FenxLabs may enforce restrictions on the use of specific AI Providers or models where FenxLabs becomes aware of violations of these Terms, applicable law, or AI Provider Terms.
(a) You represent and warrant that you are not: (i) located in, organised under the laws of, or a resident of any country or territory that is the subject of comprehensive sanctions imposed by the European Union, the United Nations Security Council, or the Netherlands; (ii) designated on any EU sanctions list maintained under EU Common Foreign and Security Policy, or any United Nations Security Council consolidated list; or (iii) owned or controlled by any person or entity described in (i) or (ii).
(b) You shall not use the Service in connection with any activity that would violate EU export control regulations, including Regulation (EU) 2021/821 (the EU Dual-Use Regulation, as amended), or any applicable national export control legislation.
(c) FenxLabs reserves the right to immediately suspend or terminate your Account and access to the Service if FenxLabs reasonably determines that your use of the Service may violate applicable sanctions or export control laws.
Certain use cases carry elevated risk. You acknowledge that:
(a) The Service is not designed or intended for use in safety-critical applications where failure or inaccuracy could lead to death, personal injury, or significant environmental or property damage.
(b) Use of AI outputs in medical diagnosis, legal proceedings, financial trading, critical infrastructure management, or safety-critical engineering requires independent professional verification.
(c) You are solely responsible for determining whether a use case is appropriate and for implementing adequate safeguards.
If you use the Service in a regulated industry (including but not limited to healthcare, financial services, legal services, and education), you are solely responsible for:
(a) compliance with all applicable sector-specific regulations;
(b) obtaining any required approvals, licences, or certifications; and
(c) ensuring that your use of AI outputs complies with professional standards and duties of care applicable to your sector.
The following uses are strictly prohibited:
(a) Duty to notify. If you intend to use the Service to process any of the following categories of data or for any of the following purposes, you must notify FenxLabs in writing at contact@fenxlabs.ai before commencing such processing: (i) special categories of Personal Data as defined in Article 9 of the GDPR; (ii) Personal Data relating to criminal convictions and offences; (iii) Personal Data of children under the age of 16; (iv) large-scale processing of Personal Data; (v) processing for purposes that qualify as high-risk under the EU AI Act; or (vi) processing where your own DPIA has specifically identified risks arising from FenxLabs's routing infrastructure.
(b) Purpose of notification. Notification enables FenxLabs to assess whether the shared cloud environment is appropriate and, where necessary, to implement additional measures, recommend a more suitable deployment model, or decline the processing.
(c) Self-hosted deployment recommendation. For use cases involving the categories listed in Section 5.4(a), FenxLabs strongly recommends a self-hosted or dedicated-instance deployment. Self-hosted licences are available by contacting contact@fenxlabs.ai.
(d) Consequences of failure to notify. If you process data in the above categories without notification: (i) FenxLabs has not had the opportunity to assess suitability; (ii) FenxLabs's liability shall be limited to the maximum extent permitted by law; (iii) the indemnification obligations in Part 8.3 shall apply in full; and (iv) FenxLabs reserves the right to suspend or terminate your access upon becoming aware.
(e) No obligation to approve. FenxLabs is not obligated to approve any sensitive or high-risk use case and may decline, impose additional terms, require migration to a self-hosted deployment, or terminate the Service in respect of that use case.
Use of the Service for defence, military, intelligence, or national security purposes is permitted only with prior written approval from FenxLabs. Such approval may be subject to additional terms, export control compliance requirements, and ongoing review. FenxLabs reserves the right to refuse or revoke approval at any time.
(a) FenxLabs acknowledges its potential obligations under the NIS2 Directive (Directive (EU) 2022/2555, as transposed into Dutch law as the Cyberbeveiligingswet) and maintains risk management, incident response, and supply chain security practices consistent with applicable requirements.
(b) Where FenxLabs is required to notify the Dutch National Cyber Security Centre (NCSC) of a significant incident, it will do so within the timeframes prescribed by law.
(c) FenxLabs will, upon reasonable written request from a business User, provide information about its security practices relevant to the User's own NIS2 supply chain assessment obligations, subject to reasonable confidentiality protections.
All rights, title, and interest in and to the Service, the Platform, and FenxLabs's proprietary technology, including all intellectual property rights therein, are and shall remain the exclusive property of FenxLabs. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with this Agreement.
You retain ownership of all content you submit to the Service (“User Content”). By submitting User Content, you grant FenxLabs a limited, non-exclusive licence to process, transmit, and transiently cache your User Content solely for the purpose of providing the Service to you. For conversation content, this licence terminates when response delivery is complete, and FenxLabs does not retain that content. For other User Content you explicitly save, the licence terminates when you delete the User Content or your Account. This licence exists solely to authorise the technical processing necessary to deliver the Service. FenxLabs does not access, read, or use the substance of User Content for any other purpose.
If you voluntarily provide suggestions, ideas, or recommendations for improving the Service (“Feedback”), you grant FenxLabs a non-exclusive, royalty-free, perpetual licence to use such Feedback for product development purposes. This licence does not apply to: (a) confidential information shared under a separate agreement; (b) information explicitly marked as confidential; (c) copyrightable works submitted as part of Feedback; or (d) information that would reasonably be understood to be confidential based on its nature and context. Where any of these exceptions apply, FenxLabs will treat such information in accordance with applicable confidentiality obligations.
Ownership and intellectual property rights in AI-generated outputs are determined by applicable law. FenxLabs does not claim ownership of AI outputs generated in response to your queries. You are responsible for ensuring that your use of AI outputs complies with applicable intellectual property laws and the terms of the relevant AI Provider.
To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. FenxLabs expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to: (a) implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) any warranty that the Service will be uninterrupted, timely, secure, or error-free; (c) any warranty regarding the accuracy, reliability, or completeness of AI outputs or any content obtained through the Service; and (d) any warranty arising from course of dealing, usage, or trade practice.
The disclaimers in Part 7.1 do not affect mandatory consumer protections that cannot be excluded or limited under applicable EU or national law, including but not limited to the rights provided under Directive (EU) 2019/770 (Digital Content Directive), as transposed into national law.
Without limiting Part 7.1, FenxLabs specifically disclaims any warranty or representation that AI outputs are accurate, complete, current, reliable, or suitable for any particular purpose. AI outputs are generated by third-party AI Providers and may contain errors, biases, hallucinations, or inaccuracies. You should not rely on AI outputs without independent verification. The Risk Disclosure (Schedule B) sets out in detail the inherent limitations of AI technology. The disclaimers in this Part 7 should be read in conjunction with Schedule B.
The Website is provided for general informational and evaluation purposes only. Website content does not constitute professional, legal, regulatory, financial, technical, security, or procurement advice and should not be treated as a substitute for independent professional advice or contractual due diligence.
FenxLabs uses reasonable efforts to keep Website content accurate and current. However, to the maximum extent permitted by applicable law, FenxLabs does not represent or warrant that Website content is accurate, complete, current, error-free, continuously available, or suitable for any particular purpose. Website content may contain errors, omissions, outdated information, formatting defects, publication mistakes, or technical inaccuracies. Product features, configurations, model availability, prices, estimates, timelines, regulatory descriptions, and other information may change without the Website being updated immediately.
Users and customers must independently verify information that is material to purchasing, deployment, compliance, security, safety, or other consequential decisions. No Website statement constitutes a binding offer, service-level commitment, warranty, certification, or contractual guarantee unless it is expressly included in a written agreement signed by an authorised representative of FenxLabs.
FenxLabs does not guarantee uninterrupted, secure, or error-free access to the Website or FenxARC. The Website or FenxARC may be unavailable, delayed, incomplete, or affected by maintenance, infrastructure failures, telecommunications failures, cyber incidents, third-party outages, or other events beyond FenxLabs's reasonable control.
FenxLabs may correct publication errors, withdraw inaccurate material, update content, or temporarily remove affected pages without prior notice. A pricing, typographical, technical, or publication error does not oblige FenxLabs to provide a product, service, feature, or commercial term on the basis of that error. Before accepting an order affected by a material error, FenxLabs will inform the customer and provide any rights or remedies required by applicable law.
Calculators, diagrams, demonstrations, scenarios, comparisons, projected savings, cost models, and other illustrative material are provided for planning and evaluation only. They are not quotes, benchmarks, promises of performance, or guarantees of cost, savings, suitability, or outcome. Actual results depend on matters including workloads, configuration, model behaviour, provider pricing, token usage, infrastructure, implementation, operating practices, and contractual terms. Users must validate assumptions and obtain applicable commercial terms before making purchasing, infrastructure, or deployment decisions.
The Website may refer or link to third-party websites, services, models, documentation, prices, or publications. These references are provided for convenience and context. FenxLabs does not control and, unless expressly stated, does not endorse or guarantee the accuracy, availability, security, or continued operation of third-party content or services.
(a) To the maximum extent permitted by applicable law, the total aggregate liability of FenxLabs arising out of or in connection with these Terms, the Service, the Website, or content made available through them shall not exceed the greater of: (i) the total amount of Credits purchased or Subscription fees paid by you in the 12-month period immediately preceding the event giving rise to the claim; or (ii) €500.
(b) In no event shall FenxLabs be liable for any: (i) indirect, incidental, special, consequential, or punitive damages; (ii) loss of profits, revenue, data, goodwill, or business opportunity; (iii) cost of procurement of substitute goods or services; or (iv) damages arising from or related to any AI output, including but not limited to any physical, psychological, financial, or other harm arising from decisions made or actions taken in reliance on AI output content.
(c) Notwithstanding Section 8.1(a), the total aggregate liability of FenxLabs to all Users combined arising out of or in connection with these Terms in any 12-month period shall not exceed €25,000. Where the total of all claims exceeds this amount, claims shall be satisfied on a pro rata basis. This Section 8.1(c) applies to business Users only and does not limit the individual rights of consumers under applicable EU or national law.
Nothing in these Terms shall exclude or limit the liability of FenxLabs for: (a) death or personal injury caused by the direct negligence of FenxLabs in the operation of its routing infrastructure; (b) fraud or fraudulent misrepresentation by FenxLabs; (c) intentional misconduct (opzet) or wilful recklessness (bewuste roekeloosheid) by FenxLabs; (d) any liability that cannot be excluded or limited under applicable Dutch or EU law; or (e) obligations under the DPA (Schedule A) to the extent mandated by the GDPR.
For the avoidance of doubt, the exclusions in Section 8.2(a)–(e) apply only to acts or omissions directly attributable to FenxLabs in its capacity as routing infrastructure provider. To the extent that any claim arises from the content of an AI output, such liability rests with the AI Provider that generated the output and/or the User who relied upon it, and not with FenxLabs.
If you are using the Service in a business or professional capacity (and not as a consumer), you agree to indemnify and hold harmless FenxLabs, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your use of the Service in a manner not authorised by these Terms or applicable law; (c) your use of AI outputs, including any claim that your use of an AI output infringes a third-party right; or (d) your violation of any applicable law or regulation.
FenxLabs shall indemnify and hold harmless the User from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising directly from: (a) FenxLabs's wilful breach of the DPA (Schedule A); or (b) FenxLabs's infringement of a third party's intellectual property rights through the Platform's own proprietary technology (excluding AI outputs and third-party AI Provider technology).
The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim; (b) grant the indemnifying party sole control of the defence and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense.
(a) FenxLabs provides routing infrastructure and does not generate, modify, review, moderate, filter, or have the technical ability to access AI outputs. The following allocation of responsibility applies: (i) AI Providers are solely responsible for the behaviour of their AI models; (ii) Users are solely responsible for evaluating, verifying, and acting upon AI outputs; (iii) FenxLabs is responsible solely for the operation of its routing infrastructure.
(b) This allocation applies regardless of whether the User accesses the Service via the Platform or the Chat App. FenxLabs's selection of AI Providers for the Chat App is a routing decision; it does not make FenxLabs responsible for the content of outputs generated by those providers.
FenxLabs processes Personal Data in accordance with the Privacy Policy. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
Where FenxLabs processes Personal Data on behalf of the User as a Processor, the DPA set out in Schedule A applies. The DPA forms an integral part of this Agreement.
Where you submit Personal Data to the Service, you represent and warrant that: (a) you have a valid legal basis for processing that Personal Data under the GDPR; (b) you have provided all required notices and obtained all required consents from the relevant data subjects; and (c) your instructions to FenxLabs are lawful.
FenxLabs is committed to the highest standards of ethical conduct, transparency, and accountability. We encourage the reporting of any wrongdoing, unethical behaviour, or violations of law in connection with the Service.
Reports of wrongdoing may be made by: (a) emailing contact@fenxlabs.ai with the subject line “Wrongdoing Report”; or (b) contacting the Data Protection Contact at joe@fenxlabs.ai.
(a) FenxLabs will not retaliate against any person who, in good faith, reports wrongdoing in connection with the Service. This contractual commitment includes protection from Account suspension or termination, discrimination, or other adverse action.
(b) Reports will be treated confidentially to the extent permitted by law.
(c) Individuals who qualify as “reporting persons” within the meaning of Directive (EU) 2019/1937 (the Whistleblower Protection Directive), as transposed into Dutch law, may have additional statutory protections.
FenxLabs will investigate all reports of wrongdoing in a timely and proportionate manner. Where appropriate, FenxLabs will cooperate with relevant regulatory authorities.
You may terminate your Account at any time by using the account deletion feature on the Platform or by contacting contact@fenxlabs.ai. Upon termination: (a) your right to use the Service ceases immediately; (b) any remaining Credits are forfeited, subject to applicable refund rights and mandatory consumer protections; and (c) FenxLabs will delete your Personal Data in accordance with the Privacy Policy and the DPA.
FenxLabs may suspend or terminate your Account if: (a) you breach any provision of these Terms; (b) your use of the Service poses a security risk; (c) your use of the Service could subject FenxLabs to liability; (d) your Account has been inactive for more than 12 consecutive months; (e) FenxLabs is required to do so by law; or (f) FenxLabs discontinues the Service or a material part of it.
(a) FenxLabs may suspend or terminate an Account with immediate effect where immediate action is necessary to prevent harm, comply with legal obligations, or protect the security of the Service.
(b) In all other cases, FenxLabs will use reasonable efforts to provide notice. Consumer users will receive notice where required by applicable EU or national consumer protection law.
(c) If you believe a suspension or termination is unjustified, you may submit a complaint to contact@fenxlabs.ai.
Upon termination, all licences granted to you under these Terms shall immediately cease. Parts 6, 7, 8, 9, 12, and 13 shall survive termination.
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles. The CISG (1980) is expressly excluded.
Subject to Part 12.3, any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands.
This clause does not affect the right of consumers to bring proceedings in the courts of their Member State of domicile, in accordance with the Brussels I Regulation (Regulation (EU) No 1215/2012, as amended).
Information about recognised consumer alternative dispute resolution bodies in the European Union is available through the European Commission's Consumer Redress portal at https://consumer-redress.ec.europa.eu/index_en.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement (including the Privacy Policy, the DPA, the Risk Disclosure, and any documents expressly incorporated by reference) constitutes the entire agreement between you and FenxLabs with respect to the Service.
(a) You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of FenxLabs.
(b) FenxLabs may assign or transfer its rights and obligations without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by the terms of this Agreement.
The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce that or any other provision in the future.
FenxLabs shall not be liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party AI Providers (each, a “Force Majeure Event”).
(a) Notices to FenxLabs shall be sent by email to contact@fenxlabs.ai. (b) Notices to Users shall be sent to the email address associated with the User's Account. (c) Notices are deemed received on the date of transmission if sent by email (provided no delivery failure notification is received).
Except as expressly stated, no person other than the parties to this Agreement shall have any right to enforce any provision of this Agreement.
Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
The business and contractual language of FenxLabs is English. The English versions of these Terms, the Privacy Policy, the DPA, legal notices, and other contractual documents are the authoritative versions. Translations may be provided for convenience and accessibility. Users and customers should always refer to the current English version before making a purchasing, contractual, compliance, or deployment decision.
If a translated version differs from, is incomplete compared with, or could reasonably be interpreted differently from the English version, the English version will prevail to the maximum extent permitted by applicable law. Nothing in this provision limits any mandatory consumer right, statutory language requirement, or other protection that cannot lawfully be excluded. FenxLabs may correct or withdraw a translation where an error or inconsistency is identified.
FenxLabs retains dated copies of previous versions of its legal documents so that the terms applicable at an earlier date can be identified. Previous versions may be requested by contacting contact@fenxlabs.ai. The version applicable to a registered User is determined by the effective date and the version presented or otherwise made available when the User accepted the Terms, subject to any later validly accepted amendment.
FenxLabs reserves the right to modify these Terms at any time. For material changes, FenxLabs will provide at least 30 days' advance notice. Non-material changes may take effect immediately upon publication.
(a) Your continued use of the Service after the effective date of any material change constitutes your acceptance of the revised Terms.
(b) Consumer right to exit. Where a material change is, in FenxLabs's reasonable assessment, disadvantageous to consumers, FenxLabs will inform consumers of their right to close their Account free of charge and receive a refund of unused Credits, in accordance with Article 19 of Directive (EU) 2019/770. Consumers who wish to exercise this right must do so within 30 days of being notified.
This version takes effect on 27 August 2026 and replaces the version dated 19 May 2026 for use from that date. Earlier versions remain relevant where required to determine the terms accepted before this version took effect.
FenxLabs will maintain a version history of these Terms. Prior versions may be obtained by contacting contact@fenxlabs.ai.
For questions about these Terms, please contact:
FenixMinds B.V. (trading as FenxLabs)
Email: contact@fenxlabs.ai
Phone: +31 85 060 5273
Data Protection Contact: Joe Shenouda — joe@fenxlabs.ai
This Data Processing Agreement (“DPA”) forms part of the FenxARC Terms of Service between the User (“Controller”) and FenixMinds B.V., trading as FenxLabs (“Processor”).
A.1.1 This DPA applies to all processing of Personal Data carried out by the Processor on behalf of the Controller in connection with the Service. In the event of any conflict between this DPA and the Terms, this DPA shall prevail with respect to data protection matters.
A.1.2 This DPA is entered into pursuant to Article 28 of the GDPR and constitutes the written instructions of the Controller to the Processor with respect to the processing of Personal Data.
“Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data.
“Data Subject” has the meaning given in Article 4(1) of the GDPR.
“Standard Contractual Clauses” or “SCCs” means the standard contractual clauses for the transfer of Personal Data to third countries adopted by the European Commission, as amended or replaced.
“Supervisory Authority” has the meaning given in Article 4(21) of the GDPR.
A.3.1 The Controller determines the purposes and means of the processing of Personal Data submitted to the Service. The User is the Controller.
A.3.2 The Processor processes Personal Data on behalf of the Controller in accordance with the Controller's documented instructions and the terms of this DPA. FenxLabs is the Processor. The scope of Personal Data processed by FenxLabs under this DPA is limited to Account Data, Routing Metadata, and Billing Data as described in Section A.5.2. FenxLabs does not process or retain User query content or AI-generated response content; the Service's zero-access architecture means that such content passes through the routing infrastructure in encrypted form without FenxLabs having the technical ability to access it.
A.3.3 Where FenxLabs processes Personal Data for its own purposes (for example, account management and billing), FenxLabs acts as an independent Controller for that processing.
A.3.4 AI Providers to which User queries are routed are not Sub-processors of FenxLabs. On the Platform, the User selects and configures AI Providers. On the Chat App, FenxLabs determines the routing logic and AI Provider selection; however, this routing decision does not make AI Providers Sub-processors of FenxLabs, because FenxLabs does not access, control, or have visibility into the content processed by AI Providers. The User is responsible for Personal Data contained in queries transmitted to AI Providers; FenxLabs's role is limited to providing the routing infrastructure.
A.4.1 The Processor shall process Personal Data only on the documented instructions of the Controller, unless required to do so by EU or Member State law. In such a case, the Processor shall inform the Controller before processing, unless the law prohibits such notification.
A.4.2 The Controller's instructions are set out in this DPA and the Terms. The Processor shall promptly inform the Controller if, in its opinion, an instruction infringes the GDPR or other applicable data protection law.
A.4.3 The Processor shall not process Personal Data for any purpose other than as set out in this DPA unless explicitly instructed in writing.
A.5.1 Categories of Data Subjects: The Personal Data processed may relate to: (a) the Controller's employees, contractors, and authorised users; (b) individuals whose Personal Data is included in queries submitted to the Service; and (c) individuals whose Personal Data appears in AI outputs.
A.5.2 Categories of Personal Data: The Personal Data processed is limited to: (a) Account Data: names, email addresses, and account identifiers; (b) Routing Metadata: timestamps, model selections, token counts, Credit consumption records, and API request metadata; (c) Billing Data: billing names, addresses, payment references, and transaction records; and (d) Technical Data: IP addresses, browser identifiers, and session data. The Processor does not process or retain User query content or AI-generated response content.
A.5.3 Special Categories of Data: (a) The Service is a general-purpose platform not designed specifically for special category data. (b) The Controller must notify the Processor in writing before submitting special categories of Personal Data, data relating to criminal convictions, or children's data. (c) Upon notification, the Processor shall assess whether its measures are adequate and may recommend a self-hosted deployment, require additional terms, or decline to support the processing. (d) Where the Controller submits special category data (whether or not notification has been provided), the Controller is solely responsible for: (i) ensuring a valid legal basis under Article 9(2) GDPR; (ii) implementing appropriate supplementary safeguards; (iii) conducting a DPIA; and (iv) ensuring AI Providers offer adequate protections.
The Processor processes Personal Data solely for: (a) routing User queries to AI Providers and returning responses; (b) providing, maintaining, and improving the Service; (c) authenticating Users and managing Accounts; (d) processing payments and managing Credits; (e) providing technical support; and (f) complying with legal obligations.
The Processor shall process Personal Data for the duration of the Agreement. Upon termination, the provisions of Section A.16 shall apply. The duration shall not exceed what is necessary for the purposes set out in Section A.6.
A.8.1 The Processor shall implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with Article 32 of the GDPR. These measures shall include: (a) encryption in transit (TLS 1.2 or higher) and at rest; (b) measures to ensure ongoing confidentiality, integrity, availability, and resilience; (c) the ability to restore availability of Personal Data in a timely manner after a physical or technical incident; (d) a process for regularly testing, assessing, and evaluating the effectiveness of measures; and (e) access controls limiting access to authorised personnel on a need-to-know basis.
A.8.2 The Processor shall regularly review and update its security measures to address evolving threats and industry best practices.
The Processor shall ensure that all persons authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Access to Personal Data shall be limited to those personnel who require access to perform their duties.
A.10.1 Authorisation: The Controller provides general written authorisation for the Processor to engage Sub-processors for the processing of Personal Data described in Section A.5.2. A current list of Sub-processors is maintained at fenxarc.com/sub-processors. AI Providers are not Sub-processors of FenxLabs; see Section A.3.4.
A.10.2 Notification of Changes: The Processor shall notify the Controller of any intended changes to Sub-processors at least 30 days before the new Sub-processor begins processing Personal Data.
A.10.3 Objection: The Controller may object to the appointment of a new Sub-processor on reasonable data protection grounds within 15 days of receiving notification. If the parties cannot resolve the objection within 30 days, the Controller may terminate the Agreement without penalty.
A.10.4 Sub-processor Obligations: The Processor shall: (a) impose data protection obligations on each Sub-processor no less protective than those in this DPA; (b) enter into a written agreement with each Sub-processor including equivalent data protection terms; and (c) remain fully liable to the Controller for each Sub-processor's obligations.
A.11.1 The Processor shall assist the Controller with the fulfilment of the Controller's obligation to respond to requests by Data Subjects exercising their rights under Chapter III of the GDPR.
A.11.2 If the Processor receives a request from a Data Subject directly, the Processor shall promptly redirect the Data Subject to the Controller and notify the Controller without undue delay.
A.12.1 The Processor shall not transfer Personal Data outside the EEA unless: (a) the European Commission has issued an adequacy decision; (b) appropriate safeguards are in place under Article 46 GDPR; or (c) a derogation under Article 49 GDPR applies.
A.12.2 Where Personal Data described in Section A.5.2 is transferred to Sub-processors outside the EEA, the Processor shall ensure appropriate transfer mechanisms are in place.
A.12.3 The Processor shall promptly inform the Controller if laws in a destination country prevent it from fulfilling its DPA obligations.
A.13.1 The Processor shall notify the Controller of any Data Breach within 48 hours of becoming aware.
A.13.2 The notification shall include: (a) a description of the nature of the Data Breach; (b) the name and contact details of the data protection point of contact; (c) a description of the likely consequences; and (d) a description of the measures taken or proposed to address the breach.
A.13.3 Where not all information is available at initial notification, information may be provided in phases.
A.13.4 The Processor shall cooperate with the Controller to assist in investigation, mitigation, and remediation.
A.13.5 The Processor shall document all Data Breaches including facts, effects, and remedial action.
The Processor shall provide reasonable assistance to the Controller in preparing any DPIA required under Article 35 GDPR and any prior consultation required under Article 36 GDPR, with respect to processing of Personal Data under this DPA.
A.15.1 The Processor shall make available to the Controller all information necessary to demonstrate compliance with this DPA and Article 28 GDPR.
A.15.2 The Processor shall allow for and contribute to audits conducted by the Controller, subject to: (a) at least 30 days' prior written notice; (b) audits taking place during normal business hours without unreasonable disruption; (c) compliance with the Processor's reasonable security and confidentiality requirements; (d) the Controller bearing the costs; and (e) audits being limited to once per calendar year unless required by a Supervisory Authority or in response to a Data Breach.
A.15.3 Where the Processor has obtained relevant certifications or third-party audit reports, it may provide these in lieu of an on-site audit.
A.16.1 Upon termination of the Agreement, the Processor shall, at the Controller's written election: (a) return all Personal Data in a commonly used, machine-readable format; or (b) delete all Personal Data and existing copies, unless EU or Member State law requires continued storage.
A.16.2 The Controller shall communicate its election within 30 days of termination. If no choice is communicated within that period, the Processor shall delete all Personal Data.
A.16.3 The Processor shall certify in writing to the Controller that it has complied with this Section A.16, upon request.
A.16.4 Personal Data contained in back-up systems shall be deleted in accordance with the Processor's standard back-up rotation schedule.
A.17.1 The liability of each party under this DPA is subject to the limitations and exclusions in Part 8 of the Terms, except to the extent such limitations are not permitted by the GDPR (in particular, Articles 82 and 83).
A.17.2 Nothing in this DPA limits or excludes either party's liability to Data Subjects under Article 82 of the GDPR.
This AI Technology Risk Disclosure (“Risk Disclosure”) describes the inherent characteristics, limitations, and risks of AI technology as it applies to the Service. By using the Service, you acknowledge that you have read and understood this Risk Disclosure.
B.1.1 This Risk Disclosure is provided to ensure that Users make informed decisions about their use of AI technology. It describes the fundamental characteristics of AI systems relevant to the Service, regardless of which AI Provider or model is selected.
B.1.2 The risks described in this Schedule exist independently of FenxLabs's Service. They are inherent to AI technology in its current state of development. FenxLabs's role is to provide routing infrastructure; it does not generate AI outputs and cannot eliminate the inherent risks of the technology to which it routes.
B.1.3 This Risk Disclosure does not constitute professional advice. Users operating in regulated industries, safety-critical environments, or high-risk contexts should seek independent professional guidance.
B.2.1 Fundamental Characteristics: AI language models and related systems are probabilistic in nature. They generate outputs by predicting the most statistically likely continuation of a given input, based on patterns learned during training. This means: (a) AI models produce the most likely output, not the correct output; (b) the same input may produce different outputs on different occasions; (c) AI models do not possess understanding or reasoning in the way humans do — they simulate these capabilities through statistical pattern matching; and (d) AI models cannot reliably assess their own accuracy.
B.2.2 Implications for Users: Users should treat all AI outputs as provisional and subject to verification. The degree of verification appropriate to a given use case is proportional to the consequences of relying on an incorrect output.
B.3.1 User-Configured Model Stacks: Platform Users may configure their own model stacks, selecting which AI Providers and models are available to their account. Users who configure their own model stacks are responsible for evaluating the suitability, performance, and data protection practices of their selected models.
B.3.2 Default Model Availability and Chat App Model Selection: Where a Platform User has not configured a custom model stack, the Platform may route queries to a pre-configured selection of AI models (the “Default Model Baseline”). This is provided as a convenience and is not a guaranteed service level or performance baseline. On the Chat App, FenxLabs determines the AI Provider and model selection in its sole discretion. FenxLabs may change the models used by the Chat App at any time without notice. FenxLabs's model selection for the Chat App does not constitute a recommendation, endorsement, or warranty regarding any model's performance, accuracy, safety, or fitness for any purpose.
B.3.3 Nature of Default Baselines: Users should understand that: (a) Default Model Baselines reflect FenxLabs's evaluation at the time of selection — they are periodic snapshots, not continuous guarantees; (b) Default Model Baselines are updated periodically; (c) FenxLabs's selection represents a good-faith assessment, not a warranty of performance for any specific use case; and (d) FenxLabs cannot protect against degradation, failure, or unexpected behaviour within AI models.
B.3.4 Recommendation for Critical Use Cases: Users with requirements for specific model performance characteristics or stability guarantees should configure their own model stacks rather than relying on the Default Model Baseline.
B.4.1 Overview: AI technology is subject to known categories of failure that exist independently of any platform. The categories described below are not exhaustive.
B.4.2 Hallucination and Confabulation: AI models may generate outputs that are factually incorrect but presented as factual. This includes fabricated citations, invented statistics, non-existent legal cases, and incorrect technical specifications.
B.4.3 Training Data Limitations: AI models reflect the data on which they were trained: (a) Knowledge cutoffs — models have a training data cutoff date beyond which they have no reliable information; (b) Bias and representation — training data reflects the biases and limitations of its sources; (c) Data contamination — training datasets may contain errors or misleading content.
B.4.4 Prompt Injection and Adversarial Inputs: AI models may be manipulated through carefully constructed inputs that cause them to deviate from intended behaviour, ignore instructions, or produce harmful outputs.
B.4.5 Model Degradation and Instability: AI model performance may change over time due to provider updates, changes in serving infrastructure, or subtle shifts in model behaviour.
B.4.6 Emergent and Undiscovered Behaviour: AI systems may exhibit behaviours not anticipated during training or evaluation. The field of AI safety and alignment is actively developing, and the complete risk profile of current-generation AI models is not yet fully characterised.
B.4.7 Intellectual Property Risk: AI model outputs may inadvertently reproduce or resemble copyrighted material, patented methods, or other protected intellectual property. Users are responsible for assessing the intellectual property implications of their use of AI outputs.
B.5.1 Overview: Beyond technical limitations, the adoption of AI technology into workflows and decision-making carries organisational and operational risks.
B.5.2 Over-Reliance and Automation Bias: Humans tend to place excessive trust in automated outputs, which may lead to: (a) reduced critical evaluation over time; (b) delegation of judgement to systems incapable of exercising it; and (c) erosion of skills required to verify outputs independently.
B.5.3 Inappropriate Use Cases: Not all tasks are suitable for AI assistance. Tasks requiring guaranteed accuracy, formal verification, or deterministic outcomes are generally not well-served by probabilistic AI systems.
B.5.4 Regulatory Uncertainty: The regulatory landscape for AI technology is evolving rapidly. Users are responsible for monitoring and complying with applicable regulations.
B.5.5 The Gap Between Capability and Reliability: AI systems may demonstrate impressive capabilities in controlled conditions that do not reliably transfer to production use cases. Users should evaluate AI performance against their own requirements rather than relying on published benchmarks.
B.6.1 Verification Obligation: Users are solely responsible for evaluating, verifying, and acting upon AI outputs. Verification is not a formality — it is a necessary step in any workflow that incorporates AI outputs.
B.6.2 Proportionate Safeguards: Users should implement safeguards proportionate to the risk profile of their use case: (a) Low-risk (brainstorming, drafting): standard human review before use; (b) Medium-risk (content publication, customer communications): structured review processes and cross-referencing with authoritative sources; (c) High-risk (medical, legal, financial, safety-critical): independent professional verification, domain expert review, formal validation, and compliance with sector-specific standards.
B.6.3 Model Configuration Responsibility: Where Platform Users configure their own model stacks, the User is responsible for: (a) evaluating suitability for intended use cases; (b) monitoring performance over time; (c) implementing appropriate fallback and redundancy configurations; and (d) updating model selections in response to changes. Chat App Users remain solely responsible for evaluating and verifying AI outputs, regardless of the fact that FenxLabs selected the model.
B.6.4 Relationship to Other Terms: This Schedule does not create obligations beyond those in the Terms. It provides context for the obligations in Part 2.3, Part 5, Part 7, and Part 8.
B.7.1 What FenxLabs Provides: FenxLabs provides the technical routing infrastructure, orchestration layer, user interface, and governance tooling through which Users access AI models. FenxLabs's role is analogous to that of a network provider: it transmits queries to destinations selected by the User (on the Platform) or determined by FenxLabs (on the Chat App) and returns the responses. FenxLabs does not generate, modify, or verify AI outputs.
B.7.2 What FenxLabs Does Not Provide: FenxLabs does not provide: (a) any guarantee that AI outputs will be accurate, complete, safe, or fit for any particular purpose; (b) professional advice of any kind; (c) indemnification against the inherent risks of AI technology; (d) protection against model-level failures within third-party AI Provider systems; or (e) assurance that any AI model will perform consistently over time.
B.7.3 Privacy by Architecture: FenxLabs's routing architecture is designed with a zero-access model: FenxLabs does not access, read, inspect, decrypt, or retain the content of User queries or AI-generated responses. Data passes through the routing infrastructure in encrypted form.
Under multi-provider routing, individual queries within a conversation may be routed to different AI Providers and model instances. Each query is processed independently by the receiving AI Provider. Users who configure a single AI Provider for all queries should be aware that the selected provider will receive the full content of their interactions routed through the Service.
B.7.4 Continuous Improvement: FenxLabs monitors the evolving landscape of AI technology, safety research, and failure modes. Where new risks are identified, FenxLabs will update this Risk Disclosure and communicate material changes in accordance with Part 14.