Terms of Service
Last updated: 3 August 2026
These terms are a contract between you and Jeremiah Lena, trading as Fernary
("Fernary", "we", "us"), a sole trader established in Ireland at
Dublin, Ireland. They govern your use of the Fernary web application at
fernary.com and everything it connects to (the "Service").
By creating an account you accept these terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it, and "you" means that company.
1. What Fernary does, in plain terms
Fernary builds and runs automated workflows. You describe what you want; an AI assembles a workflow; the workflow then runs unattended — on a schedule or on a webhook — calling large language models and third-party services on your behalf.
That last sentence is the important one. When you connect an account (Shopify, Stripe, Gmail, Slack, GitHub and the rest), you are authorising Fernary to take actions in that account without a human present for each one. Those actions can include sending email, posting messages, creating and cancelling orders, adjusting inventory, and issuing refunds.
You are responsible for what your workflows do. We give you the tools to constrain them — approval steps that pause and wait for you, bounded timeouts, and a publish flag that must be switched on before any schedule fires — and we strongly recommend using them for anything that moves money or contacts a customer. But a workflow you build and publish acts with your authority, and its consequences are yours.
2. Beta status
The Service is in beta. Concretely:
- It is provided free of charge for now. Section 8 sets out what happens when that changes.
- There is no uptime commitment. We may take it down, break it, or change it without notice.
- Features can be added, altered, or removed. Data structures can change.
- Do not rely on Fernary as your only copy of anything. Keep your own records of data that matters to you.
We are not being coy about this: the Service executes real operations against real accounts, and it is early software. Judge how much authority to give it accordingly.
3. Your account
- You need a working email address. Sign-in is passwordless — a one-time code or magic link — or via Google.
- You must be at least 16 years old. The Service is built for businesses, not for consumers or children.
- Keep access to your email secure. Anyone who can read your inbox can sign in as you, and therefore reach every account you have connected.
- One human per account. Don't share credentials.
- Tell us promptly at security@fernary.com if you think your account has been accessed by someone else.
4. Connected accounts and credentials
When you connect a third-party service, we store an access token — encrypted at rest — so your workflows can act while you're away.
- You must have the right to connect each account and to grant the permissions you grant.
- You are bound by each provider's own terms. Fernary calling Shopify on your behalf does not put us between you and Shopify.
- You can disconnect any account at any time. Workflows depending on it will then fail rather than silently skip steps.
- We only use those credentials to do what your workflows instruct.
5. Acceptable use
Don't use Fernary to:
- break the law, or infringe anyone's rights;
- send unsolicited bulk email or messages, or anything a reasonable person would call spam;
- access accounts or data you are not authorised to access;
- attack, overload, probe, or reverse-engineer the Service, or work around its rate limits, quotas, or the safeguards in section 1;
- process special-category personal data (health, biometrics, political opinions and similar) or children's data through your workflows;
- build workflows whose purpose is deception — fake reviews, impersonation, fabricated records;
- resell the Service or run it as a service for third parties, unless we've agreed that in writing.
We can suspend an account that is causing harm — to other users, to a third-party provider, or to us — without notice, and we will tell you why afterwards.
6. Your content
Your workflows, prompts, stored data, run history, and everything your workflows pull in from connected accounts are yours. We claim no ownership.
You grant us only the narrow licence needed to operate the Service: to store, process, and transmit that content so workflows run, and to send the parts of it a workflow requires to the third parties it calls, including model providers.
We do not train AI models on your content, and we do not permit our model providers to. See the Privacy Policy for how that works.
You are responsible for having the right to process the personal data your workflows touch — including your own customers' data. Where we process it on your behalf, we act as your processor and you are the controller.
7. Our intellectual property
The Service, the software, the Fernary name, the frond mark, and the brand are ours. These terms grant you a right to use the Service, not to copy it. Don't remove our attribution, and don't use the name or mark to suggest we endorse you.
Feedback you send us, we can use freely and without obligation.
8. Fees — when they start
The Service is free during beta. When we introduce paid plans:
- We will give you at least 30 days' notice by email before you are charged anything.
- Continuing to use the Service after a plan begins means accepting the fees for it. You can stop instead, and export or delete your data first.
- Fees will be stated exclusive of VAT and other taxes, which you pay in addition where they apply.
- Subscriptions will renew automatically for the same period until cancelled. Cancelling stops the next renewal; it does not refund the current one.
- Because the Service's dominant cost is AI model usage, some plans may be metered. Any metered element and its limits will be shown before you incur it.
- Payments will be handled by a third-party payment processor. We won't hold your card details.
- No refunds for partial periods, except where the law gives you a right to one — which, for consumers in the EU, it may.
Until then: no fees, no card, nothing to cancel.
9. Third-party services
Fernary calls AI providers, search and page-reading tools, an email sender, and the integrations you connect. Those services are outside our control. We are not responsible for their availability, their output, their pricing, or their acts, and their failures can cause your workflows to fail.
The Privacy Policy lists who they are and what reaches them.
10. AI output — read this before you trust it
Large language models are wrong sometimes, confidently. They misread data, invent facts, and mishandle edge cases. Fernary passes their output into real actions.
- Check AI output before it does anything consequential. Use an approval step.
- Nothing Fernary produces is legal, financial, medical, or professional advice.
- The same prompt can give different answers on different runs. That is how the models work, not a defect.
- You remain responsible for messages sent, records changed, and money moved by your workflows, whether or not a model chose to do it.
11. Warranties — what we don't promise
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, non-infringement, or that it will be uninterrupted, timely, secure, or error-free.
If you are a consumer, you have rights under Irish and EU consumer law that these terms cannot exclude, and nothing here tries to.
12. Liability
To the fullest extent the law allows:
- We are not liable for indirect, incidental, special, consequential, or punitive damages; nor for lost profits, revenue, goodwill, or data; nor for the cost of substitute services — even if we were warned they were possible.
- Our total liability for all claims in any 12-month period is capped at the greater of (a) the fees you paid us in that period and (b) €100. During the free beta, that means €100.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
The cap is low because the Service is free and early. If you need a contractual risk position that matches a production dependency, talk to us at contact@fernary.com rather than relying on these terms.
13. Indemnity
You will indemnify us against claims, damages, and reasonable costs arising from your use of the Service in breach of these terms, from your content, or from what your workflows did in your connected accounts.
14. Ending it
- You, any time: delete your account in the app. See the Privacy Policy for what deletion removes and when.
- Us: we may suspend or end your access if you breach these terms, if we're required to, or if we discontinue the Service. Except in cases of breach or legal compulsion, we'll give you reasonable notice and a chance to export your data.
On termination your licence ends and your workflows stop running, including any schedules. Sections 6, 7, 11, 12, and 13 survive.
15. Changes to these terms
We may update these terms. For material changes we'll email you and update the date at the top at least 14 days before they take effect. Continuing to use the Service after that means accepting them. If you don't accept, stop using the Service and delete your account.
16. Governing law
These terms are governed by the laws of Ireland, and the courts of Ireland have exclusive jurisdiction. If you are a consumer resident elsewhere in the EU, this doesn't deprive you of the protection of your local law or of your right to sue where you live.
17. Odds and ends
- If a provision is unenforceable, the rest stands.
- Not enforcing something once doesn't waive it.
- You may not assign these terms without our consent; we may assign them to a successor to our business, including on incorporation of a company to which the Service is transferred.
- These terms plus the Privacy Policy are the entire agreement between us on this subject.
- Notices to you go to your account email. Notices to us go to contact@fernary.com.
Questions: contact@fernary.com.