brandflare

Terms of Service

Last updated: February 1, 2025

Agreement to Terms

By accessing or using Brandflare ("the Service"), operated by Brandflare LLC, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

Description of Service

Brandflare is an AI-powered marketing automation platform that helps businesses generate, schedule, and publish content across social media channels including Twitter/X and LinkedIn. The Service uses artificial intelligence to create content based on your brand information, uploaded context materials, and preferences.

Account Registration

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.

Acceptable Use

You agree not to use the Service to:

  • Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory
  • Create spam, misleading content, or content that violates platform guidelines
  • Violate the terms of service of any third-party platform (Twitter/X, LinkedIn, etc.)
  • Impersonate others, misrepresent your identity, or create fake endorsements
  • Infringe on intellectual property rights of others
  • Distribute malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Circumvent rate limits, usage restrictions, or security measures
  • Resell, redistribute, or sublicense the Service without authorization
  • Use the Service for any illegal purpose or in violation of applicable laws

AI-Generated Content

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.

Intellectual Property

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 Brandflare LLC and protected by intellectual property laws. You may not copy, modify, reverse engineer, or create derivative works based on our Service.

Social Media Platform Integration

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.

Subscriptions and Payments

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.

SMS Features

If you use our SMS feature to submit content ideas, standard messaging rates from your carrier may apply. You consent to receive automated messages related to the Service. Message frequency varies based on usage.

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any losses resulting from service interruptions.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR MEET YOUR SPECIFIC REQUIREMENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERTHEORY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify and hold harmless Brandflare LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, your violation of these terms, or your violation of any third-party rights.

Termination

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.

Changes to Terms

We may modify these terms at any time. We will notify you of material changes by email or through the Service. The "Last updated" date at the top indicates when these terms were last revised. Continued use of the Service after changes constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using the Service.

Governing Law & Disputes

These terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware. You consent to personal jurisdiction in these courts.

Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Brandflare LLC regarding the Service and supersede all prior agreements and understandings.

Contact

For questions about these terms, contact us at legal@brandflare.ai