Terms of Service

1. Service Use and License

Subject to your compliance with these Terms and timely payment of any applicable fees, BrandFlow grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. You may not sublicense, resell, or otherwise make the Service available to third parties except as expressly permitted under these Terms (see Section 10, Agency Workspaces).

The Service includes AI-assisted capabilities for planning marketing campaigns, generating copy, images, video, and audio, scheduling content, and publishing to connected platforms. All AI-generated outputs are produced at your direction. BrandFlow acts as your authorized agent when publishing content or adjusting budgets, but only within the parameters, channels, and spending limits you configure. You remain solely responsible for all content published and all budget decisions that fall within your configured limits.

2. Registration and Account Security

To use the Service you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at support@mybrandflow.io if you suspect any unauthorized use of your account. BrandFlow is not liable for any loss resulting from unauthorized access caused by your failure to safeguard your credentials.

You must be at least 18 years of age and have the legal authority to enter into these Terms, either on your own behalf or on behalf of the business entity you represent. If you register on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Connected Accounts and Platform Integrations

The Service allows you to connect third-party platforms and accounts including, without limitation: Instagram, Facebook, LinkedIn, X (Twitter), TikTok, YouTube, Google Ads, Klaviyo, WhatsApp Business, Reddit, Pinterest, Bluesky, Threads, Snapchat, Discord, and Telegram ("Connected Platforms"). By connecting a platform, you grant BrandFlow the permissions necessary to read data from and publish content to that platform on your behalf.

You represent and warrant that you have the right and authority to connect each platform and to grant us the permissions described above. Your use of Connected Platforms is subject to each platform's own terms and policies, which you are solely responsible for complying with. BrandFlow is not responsible for changes to third-party platform APIs, loss of access, or actions taken by those platforms with respect to content you publish through the Service.

For ad platforms (Google Ads and similar), BrandFlow may manage budgets and bids on your behalf strictly within the spending limits you configure. You acknowledge that all ad spend transacts against your own payment credentials held by those platforms, and BrandFlow does not process or guarantee the accuracy of ad-platform billing.

4. Content and Intellectual Property

Your Content. You retain all ownership rights to content you upload to the Service ("User Content"), including brand assets, copy, images, and data. You grant BrandFlow a worldwide, royalty-free, non-exclusive license to host, reproduce, and process your User Content solely as necessary to deliver the Service. BrandFlow does not use your User Content or AI-generated outputs to train or fine-tune any machine learning model. See our AI Terms for details.

AI-Generated Outputs. Subject to your compliance with these Terms, ownership of AI-generated text, images, video, and audio produced through the Service vests in you to the extent permitted by applicable law. You are responsible for ensuring that any AI-generated output does not infringe third-party intellectual property rights before publishing or otherwise using it.

BrandFlow IP. The Service, including all underlying software, AI models, algorithms, design elements, and documentation, is owned by BrandFlow and its licensors. Nothing in these Terms transfers any ownership of BrandFlow's intellectual property to you.

5. User Conduct and Acceptable Use

You agree not to use the Service to:

• Publish content that is unlawful, defamatory, obscene, harassing, or that infringes any third party's intellectual property or privacy rights
• Generate or distribute spam, unsolicited bulk communications, or content designed to deceive recipients
• Misrepresent AI-generated content as human-authored in any context where such disclosure is legally required
• Attempt to reverse-engineer, decompile, or extract the source code of the Service or its underlying AI models
• Use the Service to build a competing product or service, or to benchmark AI models for competitive purposes without our written consent
• Circumvent any usage limits, access controls, or security features
• Introduce malicious code, interfere with the integrity of the Service, or conduct denial-of-service attacks
• Violate the acceptable use policies of any Connected Platform or AI provider whose services power features of BrandFlow
• Use the Service in any way that violates applicable law or regulation, including without limitation CAN-SPAM, TCPA, GDPR, CCPA, and consumer protection laws

6. Autonomous Publishing and Budget Management

The Service includes capabilities for autonomous or scheduled content publishing and, for supported ad platforms, autonomous budget management. You are responsible for configuring all publishing schedules, spending caps, and operational limits. BrandFlow will operate strictly within the parameters you set and will not publish content or move budget beyond those parameters.

You acknowledge that once content is published to a Connected Platform, BrandFlow cannot guarantee its removal; deletion from the Service does not automatically delete content from third-party platforms. You are responsible for monitoring your campaigns and revoking autonomous permissions at any time through the Service settings.

7. Monitoring

BrandFlow reserves the right, but not the obligation, to monitor use of the Service for violations of these Terms, applicable law, or the policies of Connected Platforms and AI providers. We may suspend or terminate your access if we determine, in our reasonable discretion, that your use violates these Terms or poses a risk to BrandFlow, other users, or third parties.

8. Third-Party Services

The Service integrates or relies upon third-party services, including Anthropic (AI language models), Runware, Higgsfield, and Replicate (image and video generation), Stripe (payment processing), and the Connected Platforms listed in Section 3. Your use of AI generation features is further governed by our AI Terms. BrandFlow is not responsible for the availability, accuracy, or actions of any third-party service. Links to or integrations with third-party services do not constitute an endorsement.

9. Fees, Billing, and Cancellation

Access to certain features of the Service requires payment of subscription fees as described on our Pricing page. All fees are billed in advance on a monthly or annual basis and are non-refundable except as expressly stated in these Terms or required by applicable law. Payments are processed by Stripe; BrandFlow does not store your full payment card details.

If your payment fails, we will attempt to notify you and may suspend access to the Service until payment is received. BrandFlow reserves the right to change subscription fees upon at least 30 days' written notice. Continued use of the Service after a fee change takes effect constitutes your acceptance of the new fees. You may cancel your subscription at any time through the Service settings; your access will continue through the end of the then-current billing period.

10. Agency Workspaces and Multi-Brand Access

Eligible plans allow agencies or marketing teams to manage multiple brand workspaces ("Client Workspaces") under a single account. If you use this feature, you represent and warrant that (a) you have the authority to manage each brand's marketing activities; (b) you will ensure each brand workspace is used in compliance with these Terms; and (c) you are responsible for obtaining and maintaining all necessary consents from the brands whose workspaces you manage.

Agency members invited to manage Client Workspaces must each agree to these Terms. You are responsible for the acts and omissions of your agency members with respect to the Service. BrandFlow reserves the right to limit the number of Client Workspaces available under any plan.

11. Indemnification

You agree to indemnify, defend, and hold harmless BrandFlow, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) any content you publish or cause to be published through the Service; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (e) any claim that your User Content caused damage to a third party.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BRANDFLOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE AND ANY CONTENT YOU PUBLISH.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRANDFLOW OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

IN NO EVENT WILL BRANDFLOW'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) $100 USD OR (B) THE TOTAL FEES PAID BY YOU TO BRANDFLOW IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE LIMITATIONS OF THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF BRANDFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Dispute Resolution and Arbitration

Informal Resolution. Before initiating any formal dispute proceeding, you agree to first contact BrandFlow at support@mybrandflow.io and provide a written description of the dispute and the relief sought. The parties will attempt to resolve the dispute informally for a period of 45 days from receipt of that notice before either party may initiate arbitration.

Binding Arbitration. If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including any question of their existence, validity, or termination, will be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will be conducted in English, seated in San Francisco, California. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND BRANDFLOW EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, ARBITRATION, OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

15. Termination

You may terminate your account at any time by canceling your subscription through the Service settings and ceasing use. BrandFlow may suspend or terminate your access at any time, with or without cause, upon notice to the email address associated with your account. BrandFlow may terminate immediately and without notice if we reasonably believe your use violates these Terms, poses a legal or security risk, or is causing harm to other users or third parties.

Upon termination: (a) your license to use the Service terminates; (b) you may request an export of your User Content within 30 days, after which we may delete it in accordance with our data retention practices; and (c) provisions of these Terms that by their nature should survive termination will survive, including Sections 4 (Content and IP), 11 (Indemnification), 12 (Disclaimer), 13 (Liability), 14 (Arbitration), and 16 (General).

16. General

Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

Modifications. BrandFlow may update these Terms at any time. We will provide notice of material changes by email or by displaying a notice in the Service. Your continued use of the Service after the effective date of any update constitutes your acceptance of the revised Terms.

Entire Agreement. These Terms, together with our Privacy Policy, AI Terms, and Cookie Policy, constitute the entire agreement between you and BrandFlow regarding the Service and supersede all prior agreements.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No Waiver. BrandFlow's failure to enforce any right or provision of these Terms will not be construed as a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights hereunder without BrandFlow's prior written consent. BrandFlow may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.

Contact. Questions about these Terms may be directed to support@mybrandflow.io or by mail to [BRANDFLOW LEGAL ENTITY], [COMPANY ADDRESS].