Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Flameingo AI, including our website, demo flow, onboarding flow, platform, portal, business profile workspace, AI content tools, image tools, video tools, scheduling tools, social media integrations, subscription plans and related services.

These Terms form a legally binding agreement between you and:

SIA ResFeed
Registration No.: 40203742414
Email: legal@flameingo.ai

In these Terms:

• “Flameingo AI”, “we”, “us” and “our” mean SIA ResFeed
• “you”, “your”, “Customer” and “User” mean the person, business, company, organisation or other entity accessing or using the Service

By creating an account, signing in, continuing after seeing a notice such as “By continuing, you agree to our Terms of Service and Privacy Policy”, accessing the Service, using the demo or onboarding flow, creating a Business Profile, connecting a social media account, generating content, starting a subscription or otherwise using Flameingo AI, you agree to these Terms and to our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

1. Definitions

For clarity, the following terms have the meanings below.

“Service” means Flameingo AI, including the website, web application, portal, demo flow, onboarding flow, Business Profile workspace, AI tools, image tools, video tools, scheduling tools, integrations, subscription plans, billing flow and related services.

“Account” means the user account used to access Flameingo AI.

“Business Profile” means a workspace, profile or setup created for a restaurant, cafe, bakery, coffee shop, bar, bistro, food truck, catering team, hotel restaurant, hospitality brand, SMM-managed client or other supported business.

“Plan” means a free, paid, promotional or trial plan made available by Flameingo AI, including Free, Pro Pass, Pro, Pro Max, add-on packs or any other plan we may introduce.

“Subscription” means a paid recurring, time-limited or promotional access plan purchased for a Business Profile.

“Content” means any text, caption, hashtag, image, photo, video, logo, brand asset, business description, prompt, instruction, generated output, edited output, scheduled post or other material submitted to, created through, processed by, exported from or used with the Service.

“Input” means content, data, prompts, instructions, images, videos, business details, preferences or other information you provide to the Service.

“Output” means content generated, edited, suggested, transformed, prepared or made available by the Service, including captions, hashtags, post ideas, images, videos, visual concepts, descriptions and scheduling-related content.

“AI Features” means any artificial intelligence, machine learning, image generation, image editing, video generation, caption generation, hashtag generation, analysis, summarisation, moderation, translation or similar feature made available through the Service.

“Connected Platform” means any external service or social media platform you connect to Flameingo AI, including Instagram, Facebook, TikTok, Google, Meta products or any other supported platform.

“Subprocessor” means a third-party service provider that processes personal data, Content or technical information for us or on our behalf to help provide the Service.

“Supported Markets” means the countries or regions where Flameingo AI actively offers, markets or supports the Service, as updated from time to time.

2. Who May Use the Service

Flameingo AI is primarily designed for business, professional and commercial use by hospitality businesses, business owners, SMM specialists, marketing teams, freelancers and other users creating or managing social media content for hospitality brands.

You may use the Service if you are:

• a company, partnership, sole trader, self-employed person, freelancer or other business user
• an employee, representative or authorised person acting on behalf of a business
• an SMM specialist, marketing professional or agency user managing one or more hospitality Business Profiles
• a natural person using the Service in your own name, provided that you are at least 18 years old and legally able to enter into a contract

You must be at least 18 years old to create an Account, subscribe to a paid Plan, connect a social media account or use the Service.

If you use the Service on behalf of a company, organisation, Business Profile, client or other legal entity, you represent and warrant that you have authority to bind that entity and to use the Service on its behalf.

If you are a consumer under mandatory applicable law, nothing in these Terms excludes or limits rights that cannot legally be excluded or limited.

3. Nature of the Service

Flameingo AI is an AI social media and content workspace for restaurants, cafes, bakeries and other hospitality brands.

The Service may help you:

• discover or prepare a Business Profile using public business information
• create a business context, style and tone profile
• prepare or organise photo galleries
• generate post ideas
• generate captions, hashtags and multilingual content
• generate images
• edit images
• upload and edit videos
• generate short-form videos
• prepare ready-to-post examples
• schedule approved posts
• connect supported social media profiles
• manage several Business Profiles under one Account
• use daily content ideas and national or local event ideas
• use other features made available from time to time

Flameingo AI supports content creation and workflow management. It does not replace your judgement, your legal responsibility, your marketing responsibility, your professional review or your obligation to comply with applicable laws and platform rules.

You remain responsible for reviewing, approving, editing, scheduling, publishing and using all Content.

4. Account Creation and Account Security

You must provide accurate, current and complete information when creating an Account, Business Profile, billing profile or social media connection.

You are responsible for:

• keeping your login details secure
• all activity that occurs under your Account
• all activity by team members, employees, contractors, collaborators, clients or other persons you invite or allow to use your Account or Business Profile
• ensuring that only authorised persons access your Account
• immediately notifying us if you suspect unauthorised access, misuse, compromised credentials or a security incident

We may provide or require authentication, verification, email confirmation, Cloudflare verification, security checks, multi-factor authentication or other security measures.

You must not:

• share your Account with unauthorised persons
• sell, rent, sublicense or transfer Account access
• create fake accounts
• create multiple accounts to avoid payment, usage limits, promotional limits, one-time offer limits, abuse systems or restrictions
• use disposable, temporary or misleading email addresses
• bypass authentication, security checks, usage limits, subscription checks or technical restrictions

We may suspend, restrict or terminate Accounts that appear fraudulent, abusive, high risk, automated, misleading, unauthorised or created to avoid limits.

5. Business Profiles

A single Account may contain one or more Business Profiles.

Each Business Profile may have its own:

• business information
• public business data
• imported or uploaded photos
• style preferences
• tone and language preferences
• social media connections
• content calendar
• generated Content
• subscription Plan
• usage limits
• billing status

Subscriptions, limits, quotas and access rights apply per Business Profile, unless we expressly state otherwise.

If you add a new Business Profile, that Business Profile may start on its own Free plan or another plan made available at that time.

A paid Subscription for one Business Profile does not automatically give paid access, quotas or features to another Business Profile, unless the relevant Plan expressly includes this.

You are responsible for ensuring that you have the right to create, manage and use each Business Profile inside Flameingo AI.

6. Demo, Onboarding and Public Business Information

Flameingo AI may include a demo or onboarding flow where you enter a business name or other information and the Service helps identify, prepare or enrich a Business Profile.

To do this, Flameingo AI may use publicly available business information, including information available from Google business listings, Google Places, Google Business Profiles or similar public sources. This may include business name, address, phone number, website, opening hours, photos, categories, descriptions, public profile content, public contact details and other information publicly visible online.

Flameingo AI may use third-party tools and AI services, including public information processing tools, to summarise, enrich, structure or prepare this information for your Business Profile.

You understand and agree that:

• public business information may be inaccurate, incomplete, outdated or not owned by you
• Flameingo AI does not guarantee the accuracy of public business information
• you are responsible for reviewing and correcting imported or suggested business information
• you must not use imported or suggested information in a misleading, unlawful or unauthorised way
• you must ensure that any business profile, photo, address, logo, contact detail or description you use is lawful and authorised

If you believe that public information imported into a Business Profile is incorrect, unauthorised or should be removed, you may edit it in the Service where available or contact us at legal@flameingo.ai.

7. Plans, Subscriptions, Payments and Billing

7.1 Plans

Flameingo AI may offer different Plans, including Free, Pro Pass, Pro, Pro Max and add-on packs.

Each Plan may include different features, quotas, limits, usage rights, AI generation credits, video generation credits, image generation credits, storage limits, scheduling features, business profile limits or other restrictions.

Plan names, pricing, quotas and features may change from time to time. Current Plan information is shown in the Service, on our website or at checkout.

7.2 Free Plan

The Free plan may allow limited access to the Service for a limited period or with limited quotas.

The Free plan is intended to let you test Flameingo AI with your real business. It may include limited post generations, AI image generations, demo outputs, business setup, scheduling tests or other limited features.

We may change, limit, suspend or withdraw the Free plan at any time.

We may restrict repeated Free plan use, duplicate Accounts, abuse, automated signups or attempts to reset trial limits.

7.3 Pro Pass

Pro Pass may be offered as a one-time, time-limited paid Plan.

Unless we state otherwise, Pro Pass is available only once per Business Profile, Account, payment method, customer or other reasonable anti-abuse identifier.

We may refuse, cancel or restrict Pro Pass if we believe it is being used to avoid regular subscription fees, create duplicate Accounts or abuse promotional access.

7.4 Paid Subscriptions

Paid Subscriptions are billed through Stripe.

By purchasing a paid Plan, you authorise us and Stripe to charge your selected payment method for the applicable fees, taxes and renewal charges.

Stripe may support payment methods such as payment cards, Apple Pay, Google Pay or other methods depending on your location and Stripe’s availability.

SIA ResFeed does not store your full payment card number. Payment processing is handled by Stripe.

Subscriptions may renew automatically unless cancelled before the end of the current billing period.

7.5 Billing Per Business Profile

Unless a Plan expressly states otherwise, Subscriptions apply per Business Profile.

If you have multiple Business Profiles, each Business Profile may require its own Subscription to access paid features and quotas.

Usage limits do not automatically transfer between Business Profiles.

Unused quotas, image generations, video generations, post generations or other usage rights do not roll over unless we expressly state otherwise.

7.6 Add-ons

We may offer add-on packs, including additional AI image generations, premium video generations or other usage capacity.

Add-ons may be available only for certain Plans, such as Pro Max.

Add-ons are non-refundable except where mandatory law requires otherwise.

Add-ons may expire, reset, be tied to a specific Business Profile or be subject to additional limits, as shown at checkout or in the Service.

7.7 Taxes

Prices may be shown excluding or including VAT or other taxes depending on the context, location, customer type and checkout flow.

The final price, including applicable VAT, sales tax or other taxes, will be shown at checkout where required.

You are responsible for providing accurate billing information, tax information, billing country, VAT number and other information required for tax calculation.

Where reverse charge or other tax treatment applies, you are responsible for complying with your own tax obligations.

7.8 Failed Payments

If payment fails, we may notify you and give you an opportunity to update your payment method.

If payment remains unpaid, we may:

• retry the payment
• suspend paid features
• downgrade the relevant Business Profile
• restrict access to generated Content
• disable scheduling or publishing features
• cancel the Subscription
• delete or archive data after applicable retention periods

We are not responsible for failed scheduling, failed publishing, loss of access or feature restrictions caused by unpaid fees or failed payment methods.

7.9 Cancellations

You may cancel a paid Subscription according to the cancellation tools available in the Service or through Stripe’s billing portal where provided.

Cancellation generally takes effect at the end of the current billing period, unless we state otherwise.

You will continue to have access to the paid Plan until the end of the paid billing period, unless your Account is suspended or terminated for breach of these Terms.

7.10 Refunds

Unless mandatory applicable law requires otherwise, all payments are non-refundable.

This includes:

• monthly Subscriptions
• time-limited Plans
• Pro Pass
• add-ons
• unused quotas
• partially used billing periods
• unused image generations
• unused video generations
• unused scheduling capacity
• subscription renewals
• accidental purchases caused by failure to cancel before renewal

We may, at our sole discretion, provide a refund, credit or goodwill adjustment in exceptional circumstances. Any such decision does not create a right to future refunds.

If you believe you were charged in error, contact legal@flameingo.ai within 30 days of the charge.

7.11 Consumers and Digital Service Access

If you purchase the Service as a consumer, you acknowledge that Flameingo AI is a digital service and may begin immediately after purchase, activation or first use.

Where mandatory consumer law gives you a right of withdrawal, nothing in these Terms removes that right unless it may legally be removed or limited.

Where legally permitted, by purchasing, activating or using a paid digital Service during any withdrawal period, you request immediate performance of the Service and acknowledge that your right of withdrawal may be limited or lost once performance begins or digital content is supplied.

If mandatory law requires an additional express consent, acknowledgement or checkbox for this to be effective, your mandatory rights remain unaffected unless such requirement has been satisfied.

8. Usage Limits and AI Generation Credits

The Service may use quotas, limits, credits, generations, rate limits, storage limits or other usage controls.

A generation or credit may be consumed when:

• an AI request is submitted
• image generation begins
• video generation begins
• an edit request is processed
• a caption or post is generated
• another paid or limited feature is used

You are not entitled to a refund or credit replacement simply because you do not like an Output, do not use an Output, change your mind, submit an incorrect prompt, upload a low-quality file or choose not to publish the result.

We may replace credits or restore quota if a generation fails due to a clear technical failure on our side, but we are not required to do so in all cases.

We may apply rate limits, abuse limits, safety limits or technical restrictions to protect the Service, reduce misuse, manage third-party costs or comply with provider rules.

9. User Content and Your Responsibility

You are responsible for all Content you submit, upload, generate, edit, schedule, export, publish or use through the Service.

You represent and warrant that you have all rights, licences, permissions, consents and authorisations necessary to use your Content in Flameingo AI and to publish or otherwise use the resulting Content.

This includes rights and permissions for:

• photos
• videos
• logos
• trademarks
• brand names
• menu photos
• interior photos
• product photos
• staff photos
• customer photos
• children’s images
• music
• fonts
• third-party materials
• social media account access
• business descriptions
• advertising claims
• personal data contained in Content

You must not upload, generate, edit, schedule, publish or use Content if doing so would violate copyright, trade mark law, privacy law, data protection law, publicity rights, image rights, advertising rules, employment law, child protection law, platform rules or any other applicable requirement.

Flameingo AI is not responsible for verifying whether you have rights to use the Content you submit or the Content you create through the Service.

10. People, Faces, Children, Staff and Customers in Content

You are solely responsible for ensuring that any person appearing in Content has provided all necessary consent, permission or legal authorisation for the intended use.

This applies to:

• customers
• employees
• contractors
• influencers
• photographers
• children
• guests
• private persons
• public figures
• AI-generated or AI-edited depictions of identifiable or realistic persons

If Content includes children or vulnerable persons, you are responsible for ensuring that all required parental, guardian or legal consents have been obtained.

You must not use Flameingo AI to create, edit or publish images or videos of people in a misleading, harmful, humiliating, sexual, exploitative, discriminatory, defamatory or unlawful way.

You must not use Flameingo AI to create deceptive impersonations, misleading synthetic media, fake endorsements, false testimonials, fake customer images, fake staff images or content that falsely suggests a person approved, visited, endorsed or participated in your business.

11. AI-Generated and AI-Edited Content

Flameingo AI uses AI tools to help create, edit, suggest, transform, analyse, moderate or prepare Content.

AI Features are assistive tools. They do not replace human review.

You are responsible for reviewing all AI-generated and AI-edited Content before using, scheduling, publishing, exporting, displaying or relying on it.

AI Outputs may be:

• inaccurate
• incomplete
• misleading
• similar to other content
• not original
• not protected by copyright
• subject to third-party rights
• culturally inappropriate
• unsuitable for your audience
• inconsistent with your brand
• inconsistent with laws or platform policies
• factually wrong
• commercially unsuitable

We do not guarantee that AI Outputs are accurate, original, unique, lawful, non-infringing, suitable for advertising, suitable for your business, suitable for all markets, compliant with platform rules or capable of achieving any marketing result.

You must independently verify:

• factual claims
• prices
• offers
• discounts
• ingredients
• allergens
• opening hours
• availability
• legal disclaimers
• advertising claims
• health, nutrition or safety claims
• alcohol-related claims
• customer promises
• event details
• local language accuracy
• cultural references
• AI-generated visual elements

You are solely responsible for the final Content you approve, schedule, publish or otherwise use.

12. AI Disclosure, Labelling and Platform Rules

Some laws, advertising standards or social media platform policies may require AI-generated, AI-edited, synthetic or materially altered content to be labelled, disclosed or otherwise identified.

You are responsible for determining whether any AI disclosure, synthetic content notice, advertising disclosure, sponsored content disclosure, influencer disclosure or other label is required.

You are responsible for complying with:

• applicable AI transparency rules
• advertising laws
• consumer protection laws
• social media platform rules
• Meta policies
• TikTok policies
• Instagram policies
• Facebook policies
• Google policies
• local laws in your target market

Flameingo AI may provide tools, labels, suggestions or settings to help with AI disclosure. However, even if such tools are provided, you remain responsible for the final decision and final publication.

If Flameingo AI does not provide a specific AI-generated content checkbox, disclosure feature or platform-specific label in an early version of the Service, you remain responsible for making any required disclosure directly on the relevant platform or in the Content itself.

13. Safety Filters and Moderation

Flameingo AI may use automated and manual systems to detect, block, reject, limit or review Content, prompts or Outputs that appear to violate these Terms, provider policies, platform rules, applicable law or safety standards.

These systems may block or restrict content involving:

• sexual content
• sexual content involving minors
• violence
• hate
• harassment
• self-harm
• exploitation
• illegal goods or services
• dangerous activities
• deception
• impersonation
• malware
• spam
• fraud
• other harmful or prohibited content

We do not guarantee that filters will detect or block all harmful, unlawful, offensive or policy-violating Content.

You remain responsible for any Content you create, attempt to create, publish, export or use.

We may suspend, restrict or terminate access if we believe your use creates legal, safety, platform, reputational, technical or commercial risk.

14. Connected Platforms and Social Media Accounts

The Service may allow you to connect social media accounts or other external platforms.

By connecting a Connected Platform, you represent and warrant that:

• you own or are authorised to manage the connected account
• you have authority to grant Flameingo AI the requested access
• you will comply with the Connected Platform’s terms and policies
• you will not use the connection for unauthorised publishing, spam, impersonation or unlawful activity

Flameingo AI may use access tokens, API permissions or integrations to schedule, publish, retrieve status information or perform other actions you request.

You understand that Connected Platforms are operated by third parties, not by Flameingo AI.

We are not responsible for:

• changes to third-party APIs
• rejected posts
• failed publishing
• removed posts
• account restrictions
• account bans
• rate limits
• platform outages
• incorrect platform settings
• loss of platform permissions
• changes to platform policies
• platform decisions about AI-generated content
• third-party review or moderation

We may stop supporting a Connected Platform if it becomes unavailable, unreliable, too costly, legally risky, commercially impractical or technically unsupported.

15. Scheduling and Publishing

Flameingo AI may allow you to schedule approved Content for publication.

Scheduling does not guarantee publication.

Publication may fail due to:

• disconnected accounts
• expired access tokens
• missing permissions
• platform API limits
• platform outages
• internet outages
• unsupported file formats
• file size limits
• content policy restrictions
• billing restrictions
• account suspension
• user error
• third-party technical failures
• changes to social media platform rules

You are responsible for checking whether scheduled Content was actually published.

We are not liable for missed posts, failed campaigns, delayed publications, lost revenue, lost engagement, reputational harm or other consequences caused by scheduling or publishing failures.

16. Acceptable Use

You must use the Service lawfully, responsibly and in accordance with these Terms.

You must not use the Service to create, upload, generate, edit, schedule, publish, promote or distribute Content that:

• is unlawful
• infringes intellectual property rights
• violates privacy or data protection rights
• uses a person’s image without required consent
• exploits or sexualises minors
• is sexually explicit or pornographic
• promotes violence or threats
• promotes hate or discrimination
• harasses, bullies or humiliates a person
• impersonates another person, business or brand
• creates fake endorsements or fake testimonials
• misleads customers
• makes false advertising claims
• makes unsupported health, nutrition, medical or safety claims
• promotes illegal goods or services
• violates alcohol, tobacco, gambling, food safety or other regulated advertising rules
• contains malware or harmful code
• is spam
• manipulates engagement
• violates platform terms
• violates sanctions or export control laws
• damages Flameingo AI, our users, our providers or third parties

You must not:

• reverse engineer the Service
• attempt to extract source code, model weights, system prompts, infrastructure details or security logic
• use the Service to build a competing product
• scrape or harvest data from the Service
• use automated bots without permission
• bypass rate limits
• interfere with Service security
• attempt unauthorised access
• test vulnerabilities without written authorisation
• overload or disrupt the Service
• resell the Service without permission
• misrepresent your relationship with Flameingo AI
• use the Service in a way that could expose us to legal, regulatory, payment, platform or reputational risk

17. Intellectual Property

17.1 Our Rights

Flameingo AI and its licensors own all rights, title and interest in the Service, including:

• software
• source code
• user interface
• workflows
• design
• database structures
• systems
• brand assets
• trademarks
• logos
• documentation
• prompts and prompt structures created by us
• templates
• processes
• product concepts
• know-how

Except as expressly allowed in these Terms, you receive no ownership rights in the Service.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service in accordance with these Terms.

17.2 Your Content

You retain ownership of Content you upload to the Service, subject to any rights held by third parties.

You grant Flameingo AI a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, transmit, display, process, analyse, modify, transform and use your Content as necessary to provide, maintain, secure, improve and support the Service, including to process Content through subprocessors and Connected Platforms.

This licence continues for as long as necessary to provide the Service, comply with legal obligations, maintain backups, resolve disputes, enforce these Terms and protect our rights.

17.3 AI Outputs

To the maximum extent permitted by law and subject to your compliance with these Terms, we assign to you any rights we may have in AI Outputs generated specifically for you through the Service.

However, you understand and agree that:

• AI Outputs may not be protected by copyright in all countries
• similar or identical outputs may be generated for other users
• we do not guarantee exclusivity
• we do not guarantee originality
• we do not guarantee non-infringement
• third-party rights may still apply to your Inputs or Outputs
• your right to use Outputs depends on your lawful use of Inputs and compliance with these Terms

17.4 Feedback

If you provide ideas, suggestions, improvements, requests, comments or feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free licence to use them without restriction or compensation.

18. Third-Party Services and Subprocessors

Flameingo AI relies on third-party services to operate the Service.

These may include providers for:

• hosting
• database
• authentication
• storage
• billing
• tax calculation
• AI text generation
• AI image generation
• AI image editing
• AI video generation
• public business information
• analytics
• cookies and tracking
• security
• email
• background jobs
• social media integrations

Our subprocessors are listed in our Subprocessors page.

We may add, remove or replace subprocessors from time to time.

You authorise us to use subprocessors as needed to provide the Service, subject to our Privacy Policy, data protection obligations and any applicable Data Processing Agreement.

We are not responsible for third-party services outside our reasonable control, including outages, errors, policy changes, pricing changes, API changes or service discontinuation.

19. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy.

Depending on the context, SIA ResFeed may act as:

• an independent data controller for account, billing, security, analytics, legal compliance and Service operation purposes
• a processor where we process personal data contained in your Content on your behalf and according to your instructions
• a controller where we must process data for our own legal, security, tax, fraud prevention or compliance purposes

You are responsible for ensuring that you have a lawful basis to upload, generate, edit, process, schedule and publish personal data through the Service.

This includes personal data relating to:

• employees
• customers
• guests
• children
• contractors
• influencers
• photographers
• social media users
• identifiable persons in photos or videos

If you use the Service as a business customer and personal data is processed on your behalf, a Data Processing Agreement may apply or may be made available by us.

You must not upload special category data, sensitive data or high-risk personal data unless you have a lawful basis and all required consents, notices and safeguards.

20. Confidentiality and Business Information

You may submit business information, internal style preferences, brand materials, marketing plans, unpublished Content and other non-public information to the Service.

We will use reasonable measures to protect such information and will process it as described in our Privacy Policy and these Terms.

However, you should not submit trade secrets, highly confidential information, sensitive business information or regulated data unless necessary for your use of the Service and unless you accept the risks of cloud and AI-based processing.

The Service is not intended for storing highly sensitive information, regulated secrets, payment card details, health data, government secrets or confidential legal material.

21. Service Availability

We aim to provide a reliable Service, but we do not guarantee uninterrupted availability.

The Service may be unavailable, delayed, limited or interrupted due to:

• maintenance
• updates
• bugs
• security incidents
• cloud provider outages
• AI provider outages
• payment provider outages
• social platform outages
• API changes
• internet disruptions
• high demand
• force majeure
• legal or regulatory issues
• actions by third-party providers

Unless we expressly provide a separate service level agreement in writing, we do not commit to any specific uptime, response time, publishing time, generation time or availability level.

22. Changes to the Service

We may modify, improve, limit, suspend, remove or discontinue any part of the Service at any time.

This includes:

• features
• Plans
• pricing
• quotas
• AI models
• workflows
• integrations
• social platform support
• onboarding flow
• image generation tools
• video generation tools
• scheduling tools
• analytics
• security checks
• supported countries

We may offer beta, experimental, preview or early access features. Such features are provided as-is, may be unstable, may produce errors and may be changed or removed at any time.

23. No Marketing Guarantee

Flameingo AI helps you create and manage social media Content more efficiently.

We do not guarantee:

• more followers
• more engagement
• more bookings
• more revenue
• more customers
• better reviews
• viral posts
• platform approval
• advertising performance
• search ranking
• business growth
• any specific commercial result

Marketing performance depends on many factors outside our control, including your business, offer, pricing, location, quality, customer service, competition, audience, seasonality, platform algorithms, budget and market conditions.

24. No Professional Advice

The Service may generate text, suggestions, business descriptions, captions, marketing ideas, disclaimers or other Content.

Such Content is not legal, tax, accounting, medical, nutritional, regulatory, advertising compliance or professional advice.

You are responsible for seeking professional advice where needed.

25. International Use and Restricted Jurisdictions

Flameingo AI is operated from Latvia and is primarily intended for users in the European Union, European Economic Area and other countries where we choose to make the Service available.

We do not represent that the Service is appropriate, lawful, available or compliant in every country.

If you access or use the Service from outside our Supported Markets, you are responsible for ensuring that your access and use comply with all laws that apply to you.

You must not use the Service if you are located in, established in, controlled by, acting on behalf of, or providing services to a person or entity in a country, region or territory where use of the Service would violate sanctions, export control laws, payment provider rules, platform rules or other legal restrictions.

We may block, restrict, suspend or terminate access from any country, region, IP range, payment method, customer type or account if we believe there is legal, sanctions, fraud, payment, platform, security or operational risk.

26. Suspension and Termination

We may suspend, restrict or terminate your access to the Service, any Account or any Business Profile if:

• you breach these Terms
• you fail to pay fees
• your payment method fails
• your use creates legal risk
• your use creates platform-policy risk
• your use creates security risk
• your use creates reputational risk
• your Content violates these Terms
• your Account appears fraudulent
• your Account appears automated or abusive
• you misuse Free or promotional access
• a Connected Platform requires restriction
• a provider requires restriction
• we are required to do so by law
• we reasonably believe suspension is necessary to protect Flameingo AI, users, providers, platforms or third parties

We may remove, block or disable Content that violates these Terms or creates risk.

You may stop using the Service at any time.

You may cancel Subscriptions as described in the billing section.

Termination or cancellation does not entitle you to a refund unless mandatory law requires otherwise.

Sections intended to survive termination will continue to apply, including payment obligations, intellectual property, user responsibility, AI responsibility, acceptable use, disclaimers, limitation of liability, indemnity, governing law and dispute provisions.

27. Data Export and Deletion

We may provide tools to export or download certain Content.

You are responsible for exporting Content before deleting your Account, cancelling a Business Profile or losing access.

After termination, cancellation, downgrade or deletion, we may delete, archive, restrict or retain data according to our Privacy Policy, retention rules, legal obligations, backup processes and legitimate business needs.

We are not responsible for loss of Content if you fail to export it in time.

28. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”.

We disclaim all warranties, whether express, implied, statutory or otherwise, including warranties of:

• merchantability
• fitness for a particular purpose
• non-infringement
• accuracy
• availability
• security
• uninterrupted operation
• error-free operation
• compatibility
• platform approval
• AI output accuracy
• AI output originality
• legal compliance of Outputs
• marketing performance

We do not guarantee that:

• the Service will meet your expectations
• AI Outputs will be correct
• AI Outputs will be unique
• AI Outputs will be lawful in your jurisdiction
• Content will be accepted by social platforms
• scheduled posts will always publish
• connected integrations will always work
• third-party providers will remain available
• all harmful Content will be blocked
• all bugs or errors will be corrected

Nothing in these Terms excludes warranties or rights that cannot be excluded under mandatory applicable law.

29. Limitation of Liability

To the maximum extent permitted by applicable law, SIA ResFeed, Flameingo AI, its officers, directors, employees, contractors, affiliates, suppliers and licensors will not be liable for:

• indirect damages
• incidental damages
• special damages
• consequential damages
• punitive damages
• loss of profits
• loss of revenue
• loss of customers
• loss of goodwill
• loss of data
• loss of Content
• loss of business opportunity
• business interruption
• failed publications
• failed scheduling
• social media account restrictions
• platform bans
• rejected posts
• AI output errors
• inaccurate public business information
• third-party claims arising from your Content
• unauthorised use of your Account caused by your failure to secure credentials

For business and professional users, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amount paid to us for the affected Business Profile during the 1 month before the event giving rise to the claim.

In all cases involving business or professional use, our total aggregate liability will not exceed EUR 100.

If no amount was paid for the affected Business Profile, our total aggregate liability will be EUR 0 to the maximum extent permitted by law.

For consumers, our liability is limited to the maximum extent permitted by mandatory consumer protection law. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for intentional misconduct, fraud, death or personal injury caused by negligence, or other liability that cannot legally be excluded.

For clarity, Flameingo AI is not responsible for losses, claims, damages or costs caused by:

• your Content
• your Inputs or Outputs
• your use of AI-generated or AI-edited Content
• your failure to review, approve or correct Content before using or publishing it
• your failure to obtain rights, licences, permissions or consents
• your failure to comply with laws, advertising rules or platform policies
• your connected social media accounts
• actions, outages, restrictions, errors or policy decisions of third-party platforms or providers
• inaccurate, incomplete or outdated public business information
• scheduling, publishing or integration failures outside our reasonable control

30. Indemnification

If you use the Service as a business, organisation, professional user, self-employed person, freelancer, SMM specialist, agency or representative of a business, you agree to defend, indemnify and hold harmless SIA ResFeed, Flameingo AI, its officers, directors, employees, contractors, affiliates, suppliers and licensors from and against any claim, demand, loss, damage, liability, penalty, fine, cost or expense, including reasonable legal fees, arising from or related to:

• your Content
• your Inputs or Outputs
• your use of AI-generated or AI-edited Content
• your published Content
• your connected social media accounts
• your breach of these Terms
• your violation of applicable law
• your violation of platform rules
• your violation of intellectual property rights
• your violation of privacy, publicity or image rights
• your processing of personal data
• your use of images of employees, customers, children or third parties
• your advertising claims
• your business claims
• your failure to provide AI disclosure or other required labels
• your misuse of the Service
• your failure to obtain rights, licences, permissions or consents

For consumers, this indemnity applies only to the extent permitted by mandatory applicable law.

31. Force Majeure

We are not responsible for failure or delay caused by events outside our reasonable control, including:

• natural disasters
• war
• terrorism
• civil unrest
• labour disputes
• government actions
• sanctions
• internet outages
• hosting outages
• cloud provider outages
• payment provider outages
• AI provider outages
• social media platform outages
• API failures
• cyberattacks
• pandemics
• power failures
• legal restrictions
• other events beyond our reasonable control

32. Changes to These Terms

We may update these Terms from time to time.

If changes are material, we may notify you by email, in-product notice, website notice or other reasonable method.

Your continued use of the Service after updated Terms take effect means you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Service and cancel any paid Subscription.

No refund will be provided for termination caused by your refusal to accept updated Terms, except where mandatory law requires otherwise.

33. Notices

We may send notices to you by:

• email to your Account email address
• in-product message
• website notice
• billing portal notice
• other reasonable electronic communication

You must keep your Account email address accurate and up to date.

Legal notices to Flameingo AI must be sent to:

legal@flameingo.ai

34. Assignment

You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or delegate these Terms, in whole or in part, in connection with:

• merger
• acquisition
• reorganisation
• sale of assets
• change of control
• restructuring
• transfer of the Service
• transfer to an affiliate or successor

35. Severability

If any provision of these Terms is found invalid, unlawful or unenforceable, the remaining provisions remain in full force and effect.

The invalid provision will be interpreted or replaced in a way that most closely reflects its original purpose while remaining lawful and enforceable.

36. No Waiver

If we do not enforce a provision of these Terms, this does not mean we waive our right to enforce it later.

Any waiver must be in writing and signed by us.

37. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Subprocessors page, any applicable Data Processing Agreement, plan details, checkout terms and in-product notices, form the entire agreement between you and SIA ResFeed regarding the Service.

They replace any prior or contemporaneous communications, understandings or agreements about the Service, unless a separate written agreement signed by us states otherwise.

38. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Latvia and applicable European Union law, without regard to conflict of law rules.

If you are a business user, professional user, self-employed person, freelancer, organisation or person acting for business purposes, the courts of Riga, Latvia have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service.

If you are a consumer, mandatory consumer protection rules and jurisdiction rights that cannot legally be excluded remain unaffected.

We may seek injunctive relief, intellectual property enforcement, payment recovery or urgent protective measures in any court of competent jurisdiction.

39. Contact

For legal questions, notices, data protection questions, complaints or other matters related to these Terms, contact:

SIA ResFeed
Registration No.: 40203742414
Email: legal@flameingo.ai