Terms of Service

1. Acceptance of Terms

By accessing or using FlowSmartly, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our SMS Terms & Conditions (if applicable). If you do not agree to these Terms, you may not use our Services.

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create an account and use our Services. By using FlowSmartly, you represent and warrant that you meet this requirement.

2. Services We Provide

FlowSmartly is an AI-powered content creation and marketing platform designed for businesses, agencies, entrepreneurs, and individuals. We provide the following services to help you grow and manage your marketing:

• AI Content Generation: Create social media posts, captions, hashtags, and marketing copy using artificial intelligence.
• AI Image & Video Creation: Generate images, logos, animated cartoons, and video content for marketing campaigns.
• Social Media Management: Schedule and publish posts across multiple social media platforms, including Instagram, Facebook, Twitter/X, TikTok, and LinkedIn.
• Email Marketing: Create, send, and track email marketing campaigns to your subscriber lists.
• SMS Marketing: Send SMS and MMS marketing messages to opted-in contacts via dedicated phone numbers, subject to our SMS Terms.
• Marketing Strategy: AI-generated marketing strategies, task planning, scoring, and progress tracking.
• Marketing Automations: Automated workflows for content generation, drip campaigns, and triggered messaging.
• Brand Identity Management: Build and maintain your brand identity including logos, colors, voice, and guidelines.
• Analytics & Reporting: Track campaign performance, engagement metrics, and marketing ROI across channels.
• Contact Management: Import, organize, tag, and manage your marketing contacts and subscriber lists.

We continually develop and improve our Services. We may add, modify, or discontinue features at any time with reasonable notice to users where practicable.

3. Account Registration

To use FlowSmartly, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials (email, password, API keys).
• All activities that occur under your account, whether authorized by you or not.
• Keeping your account information up to date, including your email address and billing details.
• Notifying us immediately at support@flowsmartly.com if you suspect unauthorized access to your account.

You may not share your account credentials with third parties, create multiple accounts for the purpose of circumventing limits, or use another user's account without permission.

4. Subscriptions & Billing

Plans

FlowSmartly offers multiple subscription plans (Free, Starter, Pro, Business) with varying features, limits, and pricing. Plan details and current pricing are available on our pricing page within the application.

Payment

Paid subscriptions are billed monthly or annually in advance through Stripe, our payment processor. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel. All fees are stated in US dollars unless otherwise indicated.

Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of your billing cycle. We do not provide prorated refunds for partial billing periods.

Price Changes

We reserve the right to modify pricing with at least 30 days' notice. Price changes will apply at the start of your next billing cycle after the notice period. If you do not agree with the new pricing, you may cancel before the change takes effect.

5. Credits System

FlowSmartly uses a credits-based system for certain services, including AI content generation, image creation, SMS messaging, and phone number rental. Credits are included with your subscription plan and can also be purchased separately.

• Credit Value: 1 credit = $0.05 USD. Credit costs for specific actions are displayed in the application before you confirm.
• Monthly Allocation: Each subscription plan includes a monthly credit allocation. Unused credits do not roll over to the next billing period.
• Purchased Credits: Additional credits purchased separately remain in your account until used and do not expire.
• Non-Refundable: Credits that have been used are non-refundable. In the case of a system failure where a service was not delivered, credits will be refunded to your account automatically.

6. Acceptable Use

You agree to use FlowSmartly only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to send unsolicited messages (spam), including bulk SMS or email without proper consent.
• Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to our systems, other users' accounts, or third-party services connected through our platform.
• Use automated tools (bots, scrapers, crawlers) to access the Services, except through our official APIs.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Resell, sublicense, or provide the Services to third parties without our written consent.
• Circumvent or manipulate usage limits, credit systems, or other technical measures we implement.
• Use the Services in a way that could damage, disable, or impair our servers or interfere with other users' experience.
• Violate any applicable local, state, national, or international law or regulation, including the TCPA, CAN-SPAM Act, GDPR, and CCPA.

7. Intellectual Property

Our Property

The FlowSmartly platform, including its design, code, features, branding, documentation, and all related intellectual property, is owned by FlowSmartly and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose during the term of your subscription.

AI-Generated Content

Content generated by our AI tools (text, images, videos) is provided for your use. You retain the rights to use, modify, and distribute AI-generated content created through your account for your business purposes. However, AI-generated content may not be unique, and we do not guarantee exclusivity. Similar content may be generated for other users.

Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving our platform.

8. User Content

You retain ownership of all content you upload, create, or transmit through our Services ("User Content"), including images, text, contact lists, campaign data, and brand assets.

By using our Services, you grant FlowSmartly a limited, non-exclusive license to store, process, display, and transmit your User Content solely for the purpose of providing the Services to you. This license terminates when you delete your content or close your account, except for backups retained per our data retention policies.

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights and permissions to upload and use any content through our platform, and that your content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

9. Third-Party Services

FlowSmartly integrates with third-party services to deliver our platform. By using our Services, you acknowledge that your data may be processed by these providers in accordance with their respective terms and privacy policies:

• OpenAI: Powers our AI content generation, image creation, and video features. Content submitted to AI features is processed by OpenAI per their Terms of Use.
• SMS Infrastructure Provider: We use a third-party provider for SMS and MMS messaging infrastructure. Phone numbers and message content are transmitted to our provider for delivery.
• Stripe: Processes all payments and manages subscriptions. Your payment information is handled by Stripe per Stripe's Terms.
• Social Media Platforms: When you connect your social media accounts (Instagram, Facebook, Twitter/X, TikTok, LinkedIn), your data is shared with those platforms in accordance with their own terms and policies. You are responsible for complying with each platform's terms of service.

FlowSmartly is not responsible for the practices, content, or availability of third-party services. Your use of third-party services through our platform is at your own risk and subject to those services' respective terms.

10. SMS Marketing Services

If you use our SMS marketing features, the following additional terms apply in addition to our SMS Terms & Conditions:

Compliance Verification

Before renting a phone number or sending SMS messages, you must complete our SMS compliance verification process. This includes providing your business information, privacy policy URL, use case description, sample messages, and proof of SMS opt-in (screenshot of your opt-in form). Your application will be reviewed before approval.

Phone Number Rental

Phone numbers are rented on a monthly basis and charged to your credit balance. Toll-free numbers require additional carrier verification before SMS messages can be sent. You may release your number at any time, but rental fees are non-refundable for the current billing period.

Your Obligations

As a business using our SMS services, you are responsible for:

• Obtaining explicit prior written consent from recipients before sending marketing SMS messages.
• Maintaining a publicly accessible privacy policy that discloses how you collect phone numbers, how SMS data is used, third-party data sharing, and opt-out instructions.
• Honoring all opt-out requests immediately and maintaining accurate suppression lists.
• Complying with all applicable laws, including the TCPA, CTIA guidelines, and carrier policies.
• Including clear identification and opt-out instructions in every message you send.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, FlowSmartly does not warrant that:

• The Services will be uninterrupted, error-free, or secure.
• AI-generated content will be accurate, original, or suitable for any particular purpose.
• SMS or email messages will be delivered to all recipients without delay or failure.
• The results obtained from using the Services will meet your specific requirements.
• Third-party services integrated with our platform will perform as expected.

You acknowledge that AI-generated content should be reviewed by a human before publishing or sending, and you are solely responsible for verifying the accuracy and appropriateness of all content.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOWSMARTLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FLOWSMARTLY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

This limitation of liability applies regardless of the legal theory on which the claim is based, including breach of contract, tort (including negligence), strict liability, or any other theory, even if FlowSmartly has been advised of the possibility of such damages.

13. Termination

Termination by You

You may terminate your account at any time by contacting us at support@flowsmartly.com. Upon termination, your access to the Services will be revoked. Any active phone number rentals will be released. We may retain certain data as required by law or for legitimate business purposes (such as compliance records for SMS messaging).

Termination by FlowSmartly

We may suspend or terminate your account at any time if you violate these Terms, engage in prohibited activities, fail to pay fees when due, or if we are required to do so by law. We will make reasonable efforts to notify you before termination except in cases of severe violations.

Effect of Termination

Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination will remain in effect, including Intellectual Property, Disclaimers, Limitation of Liability, and Governing Law. We may delete your data after a reasonable retention period following termination.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Notify you via email or through a prominent notice in the application at least 30 days before the changes take effect.
• Provide you with the opportunity to review the updated Terms before they become effective.

Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Services and close your account.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

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 so that these Terms shall otherwise remain in full force and effect.

16. Contact

If you have any questions or concerns about these Terms of Service, please contact us:

We will make every effort to respond to your inquiry within 5 business days.