Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of the Fluxary platform, including our website at fluxary.app, web app, and API (collectively, the "Service"). By using the Service you confirm that you are at least 16 years old and have the legal capacity to enter into this agreement.

2. Description of service

Fluxary is a SaaS platform that uses artificial intelligence to generate social media content, images, and videos for your brand. The Service includes brand kit management, content generation, a content calendar, and publishing tools.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where possible. We will not be liable to you for any such modification, suspension, or discontinuation.

3. Account registration

• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account at [email protected].
• One person or entity may not maintain more than one free account.

4. Subscriptions and billing

4.1 Paid plans

Fluxary offers paid subscription plans billed monthly or annually. Your subscription automatically renews at the end of each billing period unless cancelled before the renewal date.

4.2 Free trial

New customers may start a 7-day free trial of a paid plan. A valid payment method is required to begin the trial, but no charge is made when the trial starts. During the trial you get a limited credit allowance and Premium (Runway) video generation is not included.

The trial converts automatically. If you do not cancel before the trial ends, your payment method is charged for the plan you selected on day 7, and the subscription then renews under section 4.1. If you cancel at any point before the trial ends, you are not charged anything. You can cancel with one click from Billing → Cancel or change plan in your dashboard, which opens the Stripe customer portal; no email or explanation is required. We also send a reminder email to the address on your account approximately one day before the trial ends.

The free trial is limited to one per customer and one per payment card. We store a one-way hash of the card fingerprint provided by Stripe solely to enforce this limit; we never store your card number. If you are not eligible, no trial is offered and your subscription starts immediately as a normal paid plan.

4.3 Payment

Payments are processed securely by Stripe. By providing payment information, you authorize us to charge your payment method for the applicable fees. All fees are in USD unless stated otherwise.

4.4 Refunds

We offer a 7-day money-back guarantee on the first payment for a paid subscription. This is separate from, and additional to, the free trial in section 4.2: the trial lets you avoid being charged at all, while the guarantee applies to a charge that has already been made. After that period, fees are non-refundable. If you cancel, your access continues until the end of the current billing period.

4.5 Price changes

We will notify you at least 30 days in advance of any price increases. Continued use of the Service after the price change constitutes acceptance of the new price.

5. Acceptable use

You agree not to use Fluxary to:

• Generate content that is unlawful, defamatory, harassing, abusive, or fraudulent.
• Infringe the intellectual property rights of others.
• Generate spam or unsolicited commercial messages.
• Circumvent, disable, or interfere with security-related features of the Service.
• Attempt to reverse-engineer, decompile, or scrape the Service.
• Use the Service in any way that violates applicable laws or regulations.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

We reserve the right to suspend or terminate accounts that violate these terms without notice.

6. Your content and IP

6.1 Your brand content

You retain full ownership of the brand information, products, and data you provide to Fluxary. By using the Service, you grant us a limited license to process your content solely to provide the Service to you.

6.2 Generated content

AI-generated posts, images, and videos produced using your brand data are owned by you. You are solely responsible for reviewing, editing, and ensuring that any content you publish complies with applicable laws, platform rules, and third-party rights.

6.3 Our IP

The Fluxary platform, its design, algorithms, and all associated intellectual property remain the exclusive property of Fluxary. Nothing in these Terms transfers any IP rights to you.

7. Third-party services

The Service may integrate with third-party services (social networks, AI providers, etc.). Your use of those services is governed by their respective terms of service. We are not responsible for the availability or content of third-party services.

8. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that generated content will meet your specific requirements.

9. Limitation of liability

To the fullest extent permitted by law, Fluxary's total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages.

10. Indemnification

You agree to indemnify and hold Fluxary, its affiliates, officers, and employees harmless from any claims, damages, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

11. Termination

Either party may terminate this agreement at any time. You can delete your account from the dashboard settings. We may suspend or terminate your access for breach of these Terms. Upon termination, your right to use the Service ceases immediately. Data deletion timelines are as described in our Privacy Policy.

12. Governing law

These Terms are governed by the laws of the jurisdiction in which Fluxary operates, without regard to conflict of law provisions. Any disputes shall first be attempted to be resolved informally by contacting [email protected].

13. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notice at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms? Email us at [email protected] or visit our Contact page.