Terms of Service | FlowGrowth

PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

This Agreement is a legally binding contract between FlowGrowth, LLC ("Company," "we," "us," or "our"), a Wyoming limited liability company, and the entity or individual accessing, browsing, or utilizing the automated advertising generation software platforms, local orchestrators, command-line interfaces, data intake pipelines, or application programming interfaces (APIs) available via https://flowgrowth.ai (collectively, the "Services"). By registering an account, integrating an API token, or using any facet of the Services, you ("Client," "User," or "you") represent that you have read, understood, and agree to be unconditionally bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you possess the explicit legal authority to bind such entity.

1. Intent of Platform & Agency Designation

1.1. Technology Platform Only. FlowGrowth is strictly a developer and provider of automated, artificial intelligence-driven software solutions. FlowGrowth is not a marketing agency, advertising consultancy, media buyer, broker, or public relations firm.

1.2. No Fiduciary Duty. The platform provides automated tools for asset structure analysis and ad variant engineering; however, the deployment, financial budgeting, and commercial execution of any marketing assets generated remain under your exclusive operational command. No agency, partnership, joint venture, employee-employer, or fiduciary relationship is established or implied through your utilization of the platform. We assume zero responsibility for your return on ad spend (ROAS), customer acquisition costs, or macro campaign performance metrics.

2. Account Provisioning, Security, and Eligibility

2.1. Age Requirements. The Services are intended exclusively for commercial, business-to-business (B2B) application by individuals eighteen (18) years of age or older. By provisioning an account, you warrant your legal compliance with this baseline.

2.2. Geographic and Language Restrictions. The Services are strictly controlled, operated, configured, and intended for use by business entities registered, domiciled, and physically headquartered within the United States of America. By using the platform, you represent, warrant, and attest that: (a) you are a valid US-based business entity or resident operating primarily within the United States; and (b) all system inputs, marketing configurations, and deployment strategies utilize the English language. Accessing or attempting to utilize the Services from jurisdictions outside the United States, or attempting to process non-English automated configurations, is strictly prohibited and constitutes a material breach of this Agreement. We reserve the absolute right to monitor access patterns and immediately terminate any profile violating this geographic boundary without warning or liability.

2.3. Credentials & Token Safeguards. You are entirely responsible for the security, storage, and confidentiality of your local runtime environment configurations, account passwords, platform authentication tokens, and Meta connection payloads. Any operation executed or content compiled under your account identity shall be conclusively deemed an authorized action by you. You agree to notify support@flowgrowth.ai immediately upon discovering any unauthorized infrastructure access or data compromise.

3. Subscriptions, Commerce, Fees, and Cancellations

3.1. Financial Processing via Stripe. All transactional layers, recurring processing cycles, and invoice distributions are handled securely by our external partner, Stripe. By initializing a premium or metered tier, you authorize Stripe to systematically charge your preferred payment instrument at the specified recurring intervals.

3.2. Automatic Renewal Structures. Billing parameters operate on an automated recurring schedule (monthly or annually) according to your designated plan selection. To prevent the automatic processing of a subsequent cycle invoice, an explicit termination request must be registered via your local billing dashboard prior to the conclusion of the active subscription period.

3.3. Unconditional Non-Refundability. All processing payments, accrued token usage fees, and subscription programmatic allocations are fundamentally non-refundable. We do not honor prorated returns, usage rollbacks, or service credits for partial usage timelines or immediate termination requests.

3.4. Express Chargeback Waiver. You unconditionally waive any right to execute a payment chargeback or merchant dispute with your financial institution or credit card issuer without first submitting a formal written dispute resolution request to billing@flowgrowth.ai and allowing a thirty (30) day internal cure window.

4. Proprietary System Rights and Platform Intellectual Property

4.1. Corporate Ownership Retained. As between the parties, FlowGrowth retains sole and exclusive title, ownership, patent rights, copyright allocations, and intellectual property claims over the core software architectures, background asset templates, proprietary prompt engineering weights, algorithmic text processors, dynamic layout blueprints, and codebases driving the orchestration pipeline.

4.2. Trademarks. The names, logos, symbols, and structural design schemas used across the platform represent proprietary trademarks of FlowGrowth, LLC. No license or implied right of use is conferred under this Agreement.

5. Client Input Data, Content Warranties, and URL Scraping

5.1. Ownership of Inputs.You retain all pre-existing intellectual property rights and ownership stakes in the raw assets, logos, brand colors, taglines, text variations, and promotional disclosures uploaded or typed into the Service ("Client Content"). You hereby grant FlowGrowth a worldwide, non-exclusive, royalty-free, fully paid-up license to process, store, host, modify, translate, and pass down Client Content to downstream model sub-processors strictly to execute the generative tasks required by your session.

5.2. Custom Claims Veracity.The Service contains manual input parameters (e.g., the "Manually Verified Claims" data module). FlowGrowth does not perform independent verification, auditing, legal screening, or fact-checking of user-entered statements. You warrant that any data, text, offer parameters, or metrics supplied under your account are entirely accurate, substantiated, and completely clear of any deceptive or misleading representations.

5.3. URL Scraping and Ingestion Clearances.To extract your "Brand DNA," the Service may read and ingest content directly from an external URL provided by you. You represent and warrant that you own or possess explicit legal authorization, scraping licenses, and network permission to crawl and extract data from that specific digital domain. You assume absolute liability for any automated cross-domain data pulls initiated through your account profile.

6. Client Sole Responsibility for Content & AI Output Limitations

6.1. Client as Sole Decision Maker.You are solely and exclusively responsible for all content you create, generate, modify, approve, publish, distribute, or otherwise use through or in connection with the Services ("Client Content"), including all AI-generated marketing materials, advertisements, images, videos, scripts, copy, layouts, and campaigns. FlowGrowth is a software tool provider only. The decision to generate, approve, and deploy any content is yours alone.

6.2. Mandatory Review Obligation. Before publishing, distributing, or otherwise using any AI-generated content on third-party ad networks, you are solely responsible for reviewing, editing, and approving such content to ensure it:

(a) Is accurate, truthful, fully substantiated, and not false or misleading;

(b) Does not infringe any third-party copyright, trademark, trade dress, patent, trade secret, right of publicity, right of privacy, or other proprietary right;

(d) Complies with all applicable federal, state, and local advertising laws and regulations;

(e) Complies with the advertising policies, community standards, and terms of service of every platform on which you distribute the content (including Meta's Advertising Standards); and

(f) Meets your own internal legal, compliance, and brand safety standards.

6.3. AI Output Limitations and Infallibility.You expressly recognize and accept that generative artificial intelligence models and large language models are probabilistic systems susceptible to factual errors, outdated parameters, "hallucinations," formatting flaws, or problematic graphical depictions. AI Outputs are provided exclusively for your structural evaluation and do not constitute professional advertising, financial, compliance, or legal advice. FlowGrowth makes no representation that any AI-generated output is accurate, legally cleared, brand-safe, or fit for active commercial deployment.

6.4. No Editorial Control by FlowGrowth.FlowGrowth does not review, approve, check, supervise, or monitor your Client Content before, during, or after publication. FlowGrowth's role is strictly limited to making its technology platform available. The existence of any AI generation feature does not constitute FlowGrowth's endorsement, approval, or legal clearance of any output.

7. Mandatory Human Approval for Spend-Affecting Actions

7.1. Human Approval Gate.The Service is engineered to require explicit confirmation action ("Human Approval") by an authorized User before initiating any action that alters financial budgets or creates active objects on a connected advertising network (including but not limited to creating, launching, pausing, scaling, duplicating, or resuming a campaign, ad set, or ad creative, or modifying bids).

7.2. Read-Only Exemption. Read-only schema evaluations, draft pipelines, local preview builds, Brand DNA extraction diagnostics, and internal system reporting layers do not execute live marketing spend and are exempt from the Human Approval confirmation checkpoint.

7.3. Absolute Spend Risk Allocation. While FlowGrowth integrates strict execution checks to enforce this approval boundary, you maintain absolute responsibility for tracking all activity inside your connected third-party ad manager accounts. Under no circumstances shall FlowGrowth be held financially liable for any advertising budgets expended, billing overages, optimization flaws, or budget anomalies occurring inside connected network tokens. By giving Human Approval within the Service, you take 100% financial responsibility for the outcomes and subsequent platform invoices. You agree not to configure, orchestrate, or operate the Service via automated script extensions in any manner that removes meaningful, human-in-the-loop validation of spend-affecting actions.

8. Restrictions on Likeness, Safety, and AI Transparency

8.1. Right of Publicity and Likeness Protection. You represent and warrant that you will not use the Services, input modules, text-generation workflows, or overlay systems to create, prompt, or inject material designed to render the likeness, name, image, voice, or identity of any real person (including public figures, celebrities, or private individuals) without their explicit, written, legally binding consent.

8.2. Unsavory or Compromising Depictions. You are strictly prohibited from using the Services to generate, layout, or design ad variants that place any real or fictional individual in an embarrassing, defamatory, sketchy, sexually suggestive, illegal, offensive, or otherwise compromised position.

8.3. AI Transparency, Disclosures, and Watermarks. Media variations and copy sets outputted by the platform are assisted or constructed via generative artificial intelligence infrastructure (including text and image foundation networks such as Nano Banana 2). You carry exclusive liability for making any digital labeling disclosures, transparency warnings, or watermark indicators required under applicable United States federal or state laws or platform safety mandates. Where downstream model providers insert cryptographic metadata tags or digital watermarking into visual layers, you are strictly prohibited from removing, altering, or obscuring such identification markings.

9. User Content Feedback and System Log Improvements

9.1. Assignment of Feedback.If you choose to submit feature feedback, bug reports, conceptual recommendations, UI reviews, or optimization suggestions ("Feedback") to us, you hereby assign to FlowGrowth all global rights, title, and interest in and to such Feedback. FlowGrowth shall be permitted to implement, monetize, distribute, and employ such structural insights without restriction, compensation, or confidentiality obligations to you.

9.2. Core Model Training Disclaimers. FlowGrowth does not utilize your proprietary Client Content, custom brand inputs, or manual claims data to train, fine-tune, or refine our baseline proprietary application logic or any third-party foundation models. Downstream API inference calls are routed through secure, enterprise-level developer networks (including Anthropic, OpenAI, and Google Cloud Vertex AI frameworks supporting models such as Nano Banana 2) that contractually prohibit inputs from being stored or utilized for base model training sets.

10. Prohibited Uses & Platform Integrity

You agree not to engage in any behavior that degrades, attacks, or compromises the platform environment. Prohibited actions include:

(a) Utilizing prompt injection vectors, hidden system instructions, or adversarial inputs designed to manipulate the underlying AI models or extract base instructions;

(b) Attempting to scrape, map, or reverse-engineer the prompt arrays, script libraries, API routing frameworks, or template registries utilized across our generation modules;

(d) Constructing or distributing marketing output that explicitly promotes deepfakes, deceptive financial schemes, hate speech, discriminatory actions, or violations of public decency regulations;

(e) Using the Services or any generated output to train, test, develop, or improve a competing artificial intelligence model or automated marketing software platform.

11. Exclusion of Warranties (As-Is Platform Delivery)

THE SERVICES, INCLUDING ALL AUTOMATED PIPELINES, VISUAL VARIANT BUILDERS, PROMPT CONFIGURATIONS, AND RENDER OUTPUTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASELINE WITHOUT ANY WARRANTIES OF ANY NATURE, WHETHER EXPRESSED OR IMPLIED. FLOWGROWTH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC COMMERCIAL APPLICATION, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OPERATION OF THE PIPELINE WILL BE UNINTERRUPTED, COMPLETELY SECURE, SECURE FROM SYSTEM DROPS, OR 100% FREE OF FAULTS, TEXT COMPILATION FAULTS, OR TRANSIENT API RATE EXHAUSTIONS FROM DOWNSTREAM COMPUTING CLOUDS OR META INFERENCE CONNECTIONS.

12. Absolute Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOWGROWTH, LLC, ITS MEMBERS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, OR UPSTREAM SOFTWARE DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, REVENUE LOSS, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, CORRUPTION OF LOCAL MEDIA ASSETS, DATA CORRUPTION, OR THE COSTS OF ALTERNATIVE PLATFORM PROVISIONING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWGROWTH SHALL ASSUME ZERO DIRECT FINANCIAL OR PERFORMANCE RESPONSIBILITY FOR REGULATORY FINES (INCLUDING FEDERAL TRADE COMMISSION ENFORCEMENT ACTIONS), META BUSINESS MANAGER ACCOUNT CLOSURES, ACTIVE AD ACCOUNT RESTRICTIONS, PAGE REJECTIONS, BRAND SAFETY LIABILITIES, LIVE AD BUDGET EXPENSES, OR CIVIL ACTIONS RESULTING DIRECTLY FROM MARKETING CREATIVES GENERATED BY THE PLATFORM AND SUBSEQUENTLY DEPLOYED BY YOU. THE AGGREGATE TOTAL LIABILITY OF FLOWGROWTH, LLC FOR ANY INDEPENDENT CLAIM ARISING UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE NET SUM PAID BY YOU TO FLOWGROWTH DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE ACTION.

13. Indemnification Obligations

You agree to fully defend, indemnify, and hold harmless FlowGrowth, LLC, its executive members, directors, employees, and licensing affiliates from and against any third-party claims, liabilities, damages, operational losses, cost boundaries, or judicial expenditures (including reasonable legal representation fees) arising from:

(i) Your manual configuration and use of the platform interface;

(ii) Any false, unverified, or misleading claims inputted by you into data modules like "Manually Verified Claims";

(iii) The deployment of any final ad assets or visual copies to a public marketing channel;

(iv) Any third-party intellectual property, copyright, deepfake liability, lookalike image conflict, right of publicity, or financial spend enforcement claims arising from content or approvals linked to your account profile.

14. Governing Law and Mandatory Binding Arbitration

14.1. Wyoming Jurisdiction. This Agreement, alongside your structural utilization of the Service, shall be governed and interpreted in complete alignment with the internal laws of the State of Wyoming, without regard to conflict of law metrics.

14.2. Arbitration Mandate. Any structural dispute, controversy, or claim arising out of or relating to this contract, including its formation or breach, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be designated by the Company, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

14.3. Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND FLOWGROWTH WILL BE RESOLVED ON AN INDIVIDUAL BASIS, AND YOU EXPRESSLY WAIVE ANY STATUTORY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CONSOLIDATED CLASS ACTION LITIGATION OR RECOGNIZED REPRESENTATIVE ARBITRATION LAWSUITS.

15. Severability and Entirety of Contract

If any provision of this Agreement is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, such provision will be modified to reflect the parties' original intent, and the remaining blocks of this Agreement shall continue in full force and effect. This Agreement constitutes the complete and exclusive understanding between the parties relative to the platform and replaces all prior oral or written consensus paths.

16. Amendments and Notices

We maintain the absolute right to amend or overwrite these terms at any time. For material modifications affecting active recurring billing tiers, we will provide an active notice at least thirty (30) days prior to execution via email or an internal control console header block. Your continuous login or script execution following the activation of amendments confirms your total legal acceptance of the modified Terms.