Terms of Service

To use the Service, you must create an account with a valid email address and password. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this requirement and have the legal capacity to enter into this agreement.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

You represent and warrant that your use of the Service, and every piece of content published on your behalf through the Service, complies with all advertising and consumer-protection laws applicable to you and your business, including the Federal Trade Commission's endorsement and disclosure requirements and any equivalent rules in the jurisdictions where your content is directed.

You are solely responsible for determining whether any disclosure, labeling, or other compliance measure is required in connection with your promotions and for ensuring it is in place. We do not provide legal advice, and nothing in the Service or these terms constitutes a determination that any particular content complies with the laws that apply to you.

Content generated by the Service is created using artificial intelligence based on your inputs, brand information, and uploaded context materials. While we strive for quality and accuracy, AI-generated content may contain errors, inaccuracies, or inappropriate material.

You are solely responsible for reviewing, editing, and approving all content before publication. You assume full responsibility for any content published to your social media accounts through the Service.

AI-generated content should not be considered professional advice (legal, financial, medical, etc.). Consult qualified professionals for such matters.

Your Content: You retain ownership of content you create, upload, or edit through the Service. By using the Service, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Service.

Generated Content: Subject to payment of applicable fees, you own the AI-generated content created for your account. We retain no ownership claims over content generated for you.

Our Service: The Service, including its design, features, branding, and underlying technology, is owned by Hypertheory LLC and protected by intellectual property laws. You may not copy, modify, reverse engineer, or create derivative works based on our Service.

The Service integrates with third-party social media platforms. Your use of these platforms is governed by their respective terms of service and policies. We are not responsible for:

• Actions taken by platforms (account suspension, content removal, etc.)
• Changes to platform APIs or policies that affect Service functionality
• Content performance or engagement on any platform
• Any disputes between you and third-party platforms

You are responsible for complying with all applicable platform terms and community guidelines.

Certain features require a paid subscription. Subscriptions are billed in advance on a monthly or annual basis through Stripe. By subscribing, you authorize us to charge your payment method for recurring fees.

Cancellation: You may cancel your subscription at any time through your account settings or the Stripe billing portal. Cancellations take effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods.

Upgrades/Downgrades: Tier changes take effect according to your billing cycle. Upgrades may result in immediate additional charges; downgrades apply to the next billing period.

Price Changes: We reserve the right to modify pricing with 30 days notice. Price changes apply to subsequent billing periods, not current subscriptions.

Failed Payments: If payment fails, we may suspend access to paid features until payment is resolved.

We may suspend or terminate your account at any time for violation of these terms, suspected fraudulent activity, or for any other reason at our discretion with or without notice.

Upon termination, your right to use the Service ceases immediately. We may delete your account data in accordance with our Privacy Policy.

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will remain in effect.

Informal resolution first: Before initiating arbitration, you agree to contact us at legal@brandflare.ai describing the dispute and to attempt in good faith to resolve it informally for 30 days.

Any dispute, claim, or controversy arising out of or relating to these terms or the Service shall be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

YOU AND HYPERTHEORY LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

Coordinated filings: If 25 or more arbitration demands raising similar claims are filed against us with the assistance of the same or coordinated counsel, the parties agree the demands shall proceed in staged batches: 10 demands selected by each side proceed first as bellwethers, all other demands are held (with no filing or administrative fees due) until the bellwethers conclude, and the parties shall then mediate the remaining demands in good faith before any of them proceed.

Opt-out: You may opt out of this arbitration agreement by emailing legal@brandflare.ai with your account email within 30 days of first accepting these terms. Opting out does not affect any other provision of these terms.