Terms of Service

Who we are

Fludge is a brand operated by Sustainable LS Inc.

Privacy

Our Privacy Policy explains how we collect, use, and share information. Please read it here: https://fludge.io/privacy

Eligibility and age requirements

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only if a parent or legal guardian agrees to these Terms on your behalf.

Your account

You are responsible for your account and for maintaining the confidentiality of any account credentials or access links. You agree to provide accurate information and to keep it up to date.

You are responsible for all activity that occurs under your account. If you believe your account has been compromised, contact us at support@fludge.io.

What Fludge does

Fludge is an AI creator platform. Depending on the features you use, Fludge may let you:

• Upload images and other media.
• Train a personalized subject or LoRA style model.
• Generate images and other media outputs using AI.
• Manage a gallery and creator workflows.
• Connect a YouTube channel to upload videos and view analytics.
• Create and manage marketing communications inside Fludge, including segmentation, tagging, and tracking where enabled.

Features may change over time and some features may be experimental or beta.

Subscriptions, credits, and payments

Some parts of the Services require a paid subscription or credits.

Payments are processed by our payment providers (for example, Stripe). We do not store your payment card details.

If you purchase a subscription, it may renew automatically unless you cancel. You can manage billing through the billing settings or any customer portal we provide.

Fees are generally non refundable except where required by law or where we explicitly state otherwise in writing.

We may change prices, plans, or credit rules from time to time. If we make a material change, we will provide notice in the Services or as required by law.

Your content and permissions

Your content

You may upload or create content using the Services, including images, videos, text prompts, scripts, and other materials ("User Content").

You retain any rights you have in your User Content, subject to any rights of third parties.

Permissions you grant to Fludge

To operate the Services, you grant us a worldwide, non exclusive, royalty free license to host, store, reproduce, process, and display your User Content, solely to provide and improve the Services and to perform the actions you request. This includes sending your inputs to third party service providers (for example, AI and media processing providers) when you choose features that require those providers.

Responsibility for your content

You are responsible for your User Content. You represent and warrant that:

• You have all necessary rights to upload and use your User Content, including rights related to any people depicted in images, music, video clips, trademarks, or copyrighted works.
• Your User Content and your use of the Services do not violate any law, regulation, or third party rights.

We do not monitor all User Content and we are not responsible for User Content you or others provide.

AI generated outputs

The Services may generate outputs based on your inputs (for example, generated images, scripts, transcripts, or videos).

You understand that:

• Outputs may be inaccurate, incomplete, offensive, or not appropriate for your use case.
• Outputs may not be unique. Similar outputs may be generated for other users.
• You are responsible for how you use outputs, including verifying suitability, legality, and whether additional permissions are required.

Do not rely on outputs as professional advice. The Services are not medical, legal, financial, or other professional services.

Acceptable use

You agree not to misuse the Services. You will not, and will not attempt to:

• Use the Services to violate any law or regulation.
• Infringe, misappropriate, or violate intellectual property, privacy, or other rights.
• Upload or generate content that is illegal, sexually exploitative, involves minors, or is otherwise harmful.
• Send spam or unsolicited messages, or use the Services for abusive marketing practices.
• Bypass or circumvent security controls, rate limits, or access restrictions.
• Reverse engineer, interfere with, or disrupt the Services, including our infrastructure or our third party providers.
• Use automated means to access the Services in a way that is abusive or that harms the Services.

We may suspend or terminate your access if we believe you have violated these Terms or if your use creates risk for Fludge, our users, or third parties.

Marketing and email features

If you use Fludge to send marketing or other email communications, you are responsible for:

• Ensuring you have the right to contact recipients, including obtaining any required consent.
• Complying with all applicable laws and regulations, including anti spam laws and email marketing rules.
• Including required disclosures and honoring unsubscribe requests.

Email delivery and engagement can be affected by recipient email providers, spam filters, and other factors outside our control. We do not guarantee deliverability, open rates, or click through rates.

YouTube features, YouTube API Services, and Google accounts

YouTube and Google terms

If you use YouTube related features, our Services use YouTube API Services.

Your use of YouTube through Fludge is subject to YouTube's terms and policies. You agree to be bound by the YouTube Terms of Service and to comply with the YouTube API Services Terms of Service and applicable developer policies.

YouTube Terms of Service: https://www.youtube.com/t/terms

Google Privacy Policy: https://policies.google.com/privacy

Disconnect and data deletion

You can disconnect your YouTube channel inside Fludge. You can also revoke Fludge's access from Google's security settings: https://security.google.com/settings/security/permissions

When YouTube authorization is revoked or you request deletion, we will revoke access where applicable and delete YouTube API data stored in Fludge associated with that authorization as described in our Privacy Policy.

"Delete YouTube Data" deletes YouTube related data stored in Fludge. It does not delete content on YouTube itself.

Third party services

The Services rely on third party services and APIs. Your use of third party services may be subject to those third parties' terms and policies. We are not responsible for third party services.

Intellectual property

The Services, including our software, design, trademarks, and other materials, are owned by Sustainable LS Inc or our licensors and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Services except as expressly permitted by these Terms.

Feedback

If you provide feedback, suggestions, or ideas, you grant us the right to use them without restriction or compensation.

Suspension, termination, and account deletion

You may stop using the Services at any time. You can delete your account in the app settings.

We may suspend or terminate your access to the Services if we reasonably believe you violated these Terms, if we must do so to comply with law, or if necessary to protect the Services, our users, or third parties.

Upon termination or account deletion, your right to use the Services ends. Some provisions of these Terms will continue to apply, including sections on intellectual property, disclaimers, limitation of liability, and indemnification.

Disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non infringement.

We do not guarantee that the Services will be uninterrupted, error free, or that outputs will be accurate or suitable for your needs.

Limitation of liability

To the maximum extent permitted by law, Sustainable LS Inc will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill.

To the maximum extent permitted by law, Sustainable LS Inc's total liability for any claim arising out of or relating to the Services will not exceed the amount you paid to us for the Services in the 12 months before the event giving rise to the claim, or 100 USD if you have not paid anything, whichever is greater.

Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Sustainable LS Inc and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Services.
• Your User Content.
• Your violation of these Terms or violation of any law or third party rights.

Governing law and venue

These Terms are governed by the laws of the State of California, excluding its conflict of law rules.

Unless prohibited by law, you agree that any dispute arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date. If changes are material, we will provide notice within the Services or as required by law. Your continued use of the Services after changes become effective means you accept the updated Terms.

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