Terms of Service
Effective date: 10.6.2026 Last updated: 10.6.2026
These Terms of Service ("Terms") govern your use of Software Factory (the "Service"), operated by GettingData OÜ, registered in Estonia under registry code 16805326 (registered address: Lõõtsa tn 2a, Lasnamäe linnaosa, 11415 Tallinn, Harju maakond, Estonia) ("Funktio", "we", "us", "our"). By submitting an order or otherwise using the Service, you agree to these Terms and to our Privacy Policy.
If you accept these Terms on behalf of an organisation, you confirm you have authority to bind it, and "you" refers to that organisation.
1. The Service
Software Factory is an AI-assisted service that designs, builds, deploys, and delivers custom software based on the requirements you define. You define and approve the scope of your project; we then build and deploy an initial version and provide a quote for further work. On payment, we carry out the agreed revisions and deliver the application, including its source code, to you. The exact steps, packages, and timing of our process may change as we improve the Service; the current process is described where you place your order.
The Service relies on third-party AI providers to generate and build software. You acknowledge the implications of this for warranties and quality, as described in Section 8.
2. Eligibility, business use, and accounts
The Service is offered to businesses and professionals only. By submitting an order, you represent that you are acting in the course of your trade, business, or profession and not as a consumer, and that you are at least 18 years old and able to enter into a binding contract. If you accept on behalf of an organisation, you confirm you have authority to bind it.
You are responsible for activity under your account and for keeping access to your email secure, since we use it to authenticate you and to communicate about your project.
3. Orders, payment, and refunds
Confirmation fee. When you submit an order, you pay an order confirmation fee through our payment processor; the current amount is shown at checkout. This fee funds the initial build of your application.
Quote and packages. After the initial build, we provide a quote with one or more packages. Each package sets out the price, the revision work included, the support available, and the period for which we will host the deployed application. Quotes are valid for a limited period stated in the quote; if not accepted in time, a quote expires and we may issue a new one.
Payment and taxes. Payments are processed through our payment processor. Prices are in USD and exclusive of VAT, GST, sales, and similar taxes. As a business customer, you are responsible for any such taxes applicable in your jurisdiction. Where you are a business established in the EU and provide a valid VAT identification number, the supply is treated as subject to the reverse charge, and you are responsible for self-accounting for VAT in your member state. For customers outside the EU, you are responsible for any self-assessment, withholding, or import taxes required under your local law. We will charge VAT only where legally required to do so (for example, supplies to Estonian businesses).
Refunds. The confirmation fee is refundable if we decline your order or are unable to deliver a working initial version of your application. Once revision work has begun, the confirmation fee and any further amounts you have paid are non-refundable, except as required by mandatory law (see Section 15) or as expressly stated in the applicable quote.
4. Revisions
After payment, we will carry out the revision work included in your package. We may decline requests that exceed the approved scope, require capabilities materially beyond what was specified, or conflict with these Terms or applicable law. Work beyond your package may be quoted separately.
5. Delivery and hosting
We deliver the application, including its source code, to you. Delivery may take place at one or more points during your order, including in parallel with ongoing revision work, rather than only at the end. We host the deployed application for the period set out in your package, which you may ask us to extend. We will give you reasonable advance notice before the hosting period ends; after it ends, we may decommission the hosted environment, and you are responsible for retaining anything you need from it beforehand.
6. Your responsibilities and acceptable use
You agree that you will:
- provide accurate information about your project;
- have all rights and consents necessary for any materials, data, or content you provide to us;
- not provide content that is unlawful or that you are not entitled to share, including third-party personal data without a lawful basis, special categories of personal data, infringing material, or malicious code;
- not use the Service to create or operate anything unlawful, deceptive, or infringing, or that violates the acceptable-use policies of the AI providers we rely on;
- not attempt to reverse engineer, disrupt, or misuse the Service.
We may suspend or terminate your access, and decline to deliver an application, if you breach this Section.
7. Intellectual property
Your application. On full payment of the applicable package price, you own the source code we deliver to you for your application, including the right to use, modify, and distribute it, subject to the licenses of any third-party or open-source components it includes.
What we retain. We retain all rights in the Software Factory platform and in the reusable components, templates, prompts, and know-how we use to provide the Service. Your delivered application may incorporate such reusable components; your rights in the delivered code include the right to keep using those components as embedded in it.
Your materials. You retain all rights in the materials you provide. You grant us a non-exclusive, worldwide, royalty-free license to use them solely to provide the Service to you, including by sharing them with our sub-processors as described in the Privacy Policy.
Open-source components. Delivered applications may include open-source components under their own licenses, with which you must comply when operating or distributing the application.
8. AI-generated software — disclaimers
You acknowledge that the application is produced in significant part by AI systems, which can produce code that is incorrect, insecure, or unfit for a given purpose. We perform reasonable review, but we do not warrant that the application is error-free, secure, or fit for any purpose beyond the agreed scope. You are responsible for testing and reviewing the delivered application, and for obtaining any professional advice you need, before relying on it in production.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE DELIVERED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. This disclaimer applies in addition to any mandatory rights of consumers under applicable law (see Section 15).
9. Limitation of liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, goodwill, or data; and
- our total aggregate liability arising out of or relating to these Terms is limited to the amounts you paid us in the 6 months before the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited by law, such as for fraud, wilful misconduct, or death or personal injury caused by negligence.
10. Indemnification
You will indemnify and hold harmless Funktio and its personnel from claims, liabilities, and reasonable expenses arising from the materials or instructions you provide, your use or operation of the delivered application after delivery, or your breach of these Terms.
We will defend you against third-party claims that the components we author and deliver infringe a third party's copyright, provided you promptly notify us, let us control the defence, and cooperate. This does not cover infringement arising from your materials, your modifications, or open-source components.
11. Term and termination
These Terms apply from your first order until all orders are complete and any hosting period has ended. We may suspend or terminate your access if you breach these Terms (including non-payment), if required by law, or if continuing would expose us to significant legal or security risk. Accrued payment obligations and Sections 7–10, 12, 13, and 14 survive termination.
12. Confidentiality
Each party may receive the other's non-public information ("Confidential Information"), including your materials and the contents of your application. Each party will use it only to perform under these Terms, protect it with reasonable care, and disclose it only to people and sub-processors bound by confidentiality obligations. These obligations continue for 3 years after termination, and for as long as information qualifies as a trade secret under applicable law.
13. Governing law and disputes
These Terms are governed by the laws of Estonia, and the courts of Tallinn, Estonia have exclusive jurisdiction, except that either party may seek injunctive relief to protect its intellectual property in any competent court. If you are a consumer, nothing here deprives you of mandatory rights under the law of your residence.
14. General
- Notices. We may send notices to the email associated with your order. Notices to us go to johannes@funktio.ai.
- Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a corporate transaction.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Severability & waiver. If a provision is unenforceable, the rest remain in effect; failing to enforce a provision is not a waiver.
- Entire agreement. These Terms, the Privacy Policy, any DPA, and the quote you accept are the entire agreement between us and supersede prior agreements.
- Changes. We may update these Terms and will give notice of material changes as required by law. Continued use after the effective date constitutes acceptance.
15. Consumer rights
The Service is intended for business customers only (Section 2) and is not directed at consumers. If, despite this, mandatory consumer-protection law applies to you, nothing in these Terms removes rights that cannot be waived under that law: such mandatory rights apply in addition to these Terms. Where the Service involves custom software delivered at your request, you request that we begin performance immediately and acknowledge that, to the extent permitted by law, any statutory right of withdrawal may be lost once performance has begun. Mandatory warranties under your local law continue to apply alongside the disclaimers in Section 8 and the limitations in Section 9.
16. Contact
GettingData OÜ (Estonian registry code 16805326) Lõõtsa tn 2a, Lasnamäe linnaosa, 11415 Tallinn, Harju maakond, Estonia Contact: johannes@funktio.ai