FlyWhale

FlyWhale Terms of Service

Effective Date: January 11, 2026

Last Updated: January 11, 2026

These Terms of Service ("Terms") govern your access to and use of the FlyWhale software and related services (the "Service"). The Service is operated by:

StuDirect (trading as "FlyWhale")
Registered in the Netherlands (KvK: 88018652)
Registered office: Hoofdweg 170-1, 1057DC Amsterdam, The Netherlands

("StuDirect", "FlyWhale", "we", "us", "our").

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

Account: Your FlyWhale user account.

Content: Any data, text, prompts, files, inputs, outputs, instructions, materials, or other information you provide to or generate through the Service.

Credits: A usage-based balance included with your plan and consumed when you run tasks in the Service.

Consumer: A natural person acting outside their trade, business, craft, or profession.

Paddle: Paddle group entities acting as Merchant of Record and authorised reseller for purchases of the Service.

2. Eligibility (18+) and Not for Children

You must be at least 18 years old to use the Service. The Service is not intended for children. By using the Service, you represent and warrant that you meet these requirements.

3. The Service (What FlyWhale Provides)

FlyWhale is an AI-enabled marketing workflow tool.

Beta Features: Some features may be labeled "beta," "experimental," or similar. These are provided "AS IS" for testing purposes only. They may contain bugs, may not perform as expected, and may be changed or removed without notice. Your use of beta features is at your own risk.

No Guaranteed Results: The Service may produce incomplete, inaccurate, or non-unique outputs. You are responsible for verifying outputs before use.

4. Account Registration and Security

You are responsible for:

  • Providing accurate information and keeping it up to date.
  • Maintaining the confidentiality of your login credentials.
  • All activities that occur under your Account.
  • Notifying us immediately at support@flywhale.ai of any unauthorized access.

We may suspend or terminate your Account if we reasonably believe it is compromised or used in violation of these Terms.

5. Acceptable Use & Fair Use

You agree not to use the Service for any unlawful, harmful, deceptive, or fraudulent activity. You specifically agree not to:

  • Abuse or Disrupt: Use any automated system (including bots, spiders, or scrapers) to access the Service in a manner that sends more requests to our servers than a human can reasonably produce, or that interferes with the normal operation of the Service.
  • Reverse Engineer: Attempt to extract the underlying models, algorithms, or source code of the Service, or circumvent access controls.
  • Infringe Rights: Violate intellectual property, privacy, or other rights of others.
  • Harmful Content: Generate content that promotes violence, hatred, harassment, or illegal conduct.
  • Spam / Deceptive Marketing: Use the Service for deceptive or unsolicited marketing practices, including unlawful outreach or impersonation.

We may suspend or terminate access if we reasonably believe you have violated this section.

6. Third-Party Services and Data Sources

The Service may integrate with or rely on third-party APIs, tools, or data sources ("Third-Party Services").

  • We do not control Third-Party Services; they may change, restrict access, or stop functioning at any time.
  • You are responsible for ensuring your use of Third-Party Services and any data obtained through them complies with applicable laws and third-party terms.
  • We do not guarantee the availability, accuracy, legality, or completeness of third-party data.

7. AI Outputs and User Responsibility

  • Outputs may be incorrect, incomplete, or misleading.
  • Human-in-the-loop: You must review and validate outputs before relying on them.
  • FlyWhale does not provide legal, financial, medical, or other regulated professional advice.

8. Payments and Relationship to Paddle (Merchant of Record)

Important: Purchases are processed by Paddle, our Merchant of Record ("MoR").

Authorised Reseller Model: Paddle acts as an authorised reseller and Merchant of Record for the Service. This means you purchase the Service from Paddle, and the Service is licensed and provided to you by StuDirect (trading as FlyWhale).

  • Your payment transaction is between you and Paddle.
  • Your bank statement may reference "Paddle".
  • Refunds, chargebacks, and payment disputes are handled via Paddle.

9. Plans and Credits

Usage-based: Credits are consumed when running tasks. If Credits are exhausted, usage may be halted until the next billing cycle or until you upgrade your plan.

Expiry / No rollover: Unless stated otherwise at purchase, unused Credits expire at the end of a billing period and do not roll over.

Changes: We may update plans, included Credits, pricing, or feature availability from time to time. Any changes to paid subscription pricing will apply no earlier than your next renewal, and we will provide reasonable notice.

10. Cancellations, Refunds, and Right of Withdrawal

10.1 Cancellation: You may cancel a subscription at any time. Unless required by applicable law, access continues until the end of the current billing period. No prorated refunds are provided for partial periods.

10.2 Refunds handled by Paddle (MoR): Because Paddle is the Merchant of Record, refunds are issued by Paddle and are subject to applicable law and Paddle's buyer terms and processes.

10.3 14-Day Right of Withdrawal (Consumers): If you are a Consumer, you may have a statutory right to withdraw within 14 days of purchase. By purchasing the Service, you expressly request immediate access and performance. You acknowledge that once performance begins (e.g., by accessing the Service or consuming Credits), your statutory right of withdrawal may be lost or reduced.

10.4 Usage-aware refunds: Refund requests made within 14 days of purchase may be considered only if the Service has not been significantly used. No refunds are provided for consumed Credits.

10.5 How to request a refund: Refund requests should be made through Paddle. You may contact support@flywhale.ai for assistance, but Paddle remains responsible for refund processing decisions.

10.6 Chargebacks and disputes: You agree to contact Paddle first before initiating any chargeback or payment dispute with your bank or card issuer.

11. Intellectual Property

Our IP: We own all rights to the Service, branding, and software.

Your Content: You retain ownership of the inputs you provide. You grant us a limited, non-exclusive license to host, process, and use your Content to provide, maintain, and improve the Service.

Outputs: You may use outputs for your lawful business purposes. Due to the nature of AI, outputs may not be unique across users, and FlyWhale cannot guarantee that outputs are eligible for copyright protection.

12. Privacy and Data Protection

Our processing of personal data is described in our Privacy Policy, which is available on our website. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

13. Suspension and Termination

We may suspend or terminate your access if you violate these Terms, pose a security or compliance risk, or fail to pay applicable fees.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for indirect, incidental, special, or consequential damages (e.g., lost profits or data).
  • Our total liability is limited to the amount you paid for the Service in the three (3) months preceding the claim.
  • Nothing in these Terms limits mandatory consumer rights that cannot be limited under applicable law.

16. Indemnity

You agree to indemnify StuDirect against any claims, losses, or expenses arising from your use of the Service, your Content, or your violation of these Terms or applicable law.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands. Any disputes shall be submitted to the competent courts in Amsterdam, the Netherlands, unless mandatory consumer law requires otherwise.

18. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice via the Service or email. Continued use after the effective date of updated Terms constitutes acceptance.

19. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

20. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and StuDirect regarding the Service.

21. Contact

For support or inquiries:

Email: support@flywhale.ai

Address: Hoofdweg 170-1, 1057DC Amsterdam, The Netherlands