Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Flowsmark ("Flowsmark," "we," "us," or "our") governing your access to and use of our website, applications, and services (collectively, the "Services").

By creating an account, starting a free trial, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Services.

Flowsmark provides AI-assisted tools that help you plan, create, and refine marketing content. We may add, change, or remove features from time to time, and we may impose or adjust usage limits associated with different plans. We will make reasonable efforts to keep the Services available, but we do not guarantee uninterrupted or error-free operation.

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business use.

• You are responsible for the accuracy of the information you provide when registering.
• You are responsible for keeping your login credentials secure and for all activity under your account.
• You must notify us promptly of any unauthorized use of your account.
• You are responsible for anyone you invite to your organization or allow to use your account.

We may offer a free trial. Unless stated otherwise, a trial gives you access to certain features for a limited period and does not require a payment method to begin. We may change or end trial offers at any time.

• Paid plans: Fees, billing cadence (monthly or annual), and plan limits are described at the time you subscribe. By subscribing, you authorize us and our payment processor to charge the applicable fees.
• Payments: Payments are processed by a third-party payment processor (Stripe). We do not store your full card details.
• Renewals: Subscriptions renew automatically for the same term until canceled. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• Taxes: Fees are exclusive of taxes, which you are responsible for where applicable.
• Changes: We may change our fees or plans; we will give reasonable notice of changes that affect an active subscription.

Except where required by law, fees already paid are non-refundable.

You agree not to use the Services to:

• Violate any law or infringe anyone's intellectual property, privacy, or other rights;
• Create or distribute content that is unlawful, deceptive, harassing, hateful, or harmful;
• Attempt to gain unauthorized access to the Services, other accounts, or our systems;
• Interfere with or disrupt the integrity or performance of the Services;
• Reverse engineer, resell, or misuse the Services or exceed applicable usage limits; or
• Use the Services to build a competing product.

We may suspend or limit access if we reasonably believe your use violates these Terms or poses a risk to Flowsmark, other users, or third parties.

You own your content. You retain all rights to the materials you upload, create, or generate using the Services ("Your Content"). You grant us a limited, worldwide, non-exclusive license to host, process, and display Your Content solely to provide and improve the Services for you.

You are responsible for Your Content and for ensuring you have the rights necessary to use it with the Services. AI-generated output may not be unique and may require your review before use; you are responsible for how you use any output.

The Services, including our software, design, branding, and content (excluding Your Content), are owned by Flowsmark or our licensors and are protected by intellectual property laws. These Terms do not grant you any right to our trademarks or branding except as needed to use the Services.

The Services may integrate with or rely on third-party services (for example, AI providers, payment processing, and social platforms you choose to connect). Your use of those services is governed by their own terms, and we are not responsible for them.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any content or output will be accurate or reliable.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSMARK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify and hold Flowsmark harmless from claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Services, or your violation of these Terms or applicable law.

You may stop using the Services and cancel your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. Upon termination, your right to use the Services ends; sections that by their nature should survive (such as ownership, disclaimers, limitation of liability, and indemnification) will continue to apply.

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. You agree that the state and federal courts located in New York will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, to the extent permitted by law.

If you have questions about these Terms, please contact us: