Inflow Terms of Service

Introduction

Welcome to Inflow, operated by Lets Imagine, LLC doing business as "Inflow" ("Inflow," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-enhanced creative platform and services ("Service") available at getinflow.ai ("Website").

By accessing or using our Service, you agree to these Terms. Please read them carefully to understand your rights and obligations.

1. Acceptance of Terms

By registering for an account, accessing, or using the Service, you:

• Acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• Represent that you are at least 16 years old and have the legal capacity to enter into these Terms.
• If you are using the Service on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms.
• Agree to comply with these Terms and all applicable laws and regulations.

2. Description of Service

Inflow provides an AI-enhanced creative platform that enables users to generate, customize, and collaborate on design projects. Our services include:

• AI-enhanced design creation: Logo design, brand identity, web design, marketing design, and motion/video services
• InflowFlex subscription services: Ongoing design support through a monthly subscription model
• Collaboration tools: Project management, feedback, and revision capabilities
• Professional design services: Access to human design expertise for refinement and enhancement

3. User Accounts

a. Account Registration

• Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update it as necessary.
• Account Credentials: You are responsible for safeguarding your password and for all activities that occur under your account.
• Eligibility: By creating an account, you confirm that you meet all eligibility requirements.

b. Account Security

• Unauthorized Access: Notify us immediately at support@getinflow.ai if you suspect unauthorized use of your account.
• Liability: We are not liable for any loss or damage arising from your failure to protect your account information.
• Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Service Tiers and Pricing

a. Service Tiers

Our Service is available in multiple tiers:

• Standard: Basic features and deliverables
• Professional: Enhanced features, additional deliverables, and expanded support
• Premium: Comprehensive features, complete deliverables, and priority support

b. InflowFlex Subscription Plans

• Essentials: 5 hours of design work per month
• Professional: 10 hours of design work per month
• Business: 15 hours of design work per month
• Growth: 20 hours of design work per month
• Advanced: 25 hours of design work per month
• Enterprise: 30 hours of design work per month

c. Speed Upgrades

• Fast Track: 30% faster delivery for an additional 35% of your base package price
• Rush: 50% faster delivery for an additional 50% of your base package price

d. Additional Services

• Slack Priority Support: Direct Slack communication for $800

5. Age Restrictions

Our Service is not intended for individuals under the age of 16. By using the Service, you represent and warrant that you are at least 16 years old. If you are under 18, you may use the Service only with the involvement and consent of a parent or guardian.

6. User Conduct and Obligations

a. Acceptable Use

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

• Violate any applicable laws or regulations
• Send unsolicited promotional materials or spam
• Impersonate any person or entity
• Engage in conduct that restricts or inhibits anyone's use of the Service
• Use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms

b. Prohibited Activities

You agree not to:

• Interfere with the Service's operation or security
• Use automated means to access the Service without permission
• Introduce malicious software
• Attempt unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Create derivative works based on the Service (except as authorized)
• Remove or alter any proprietary notices or labels on the Service
• Use the Service to generate content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially/ethnically/otherwise objectionable

7. User Content

a. Ownership

You retain all rights to any content you submit, post, or display on or through the Service ("User Content").

b. License to Inflow

By uploading or creating User Content, you grant Inflow a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and modify your User Content solely to:

• Provide and improve the Service
• Train and improve our AI models (unless you opt out)
• Display in our portfolio (unless you request confidentiality)

c. Responsibility

You are solely responsible for your User Content and ensuring it doesn't:

• Infringe on others' intellectual property rights
• Violate any laws or regulations
• Contain malicious code or materials
• Violate these Terms

8. AI-Generated Content

a. Ownership of AI-Generated Content

Upon full payment for services, you own all rights to the deliverables provided by Inflow, including AI-generated designs, subject to the following:

• Third-Party Materials: Rights to any integrated third-party materials are subject to their respective licenses
• Training Data: We may use anonymized versions of delivered content to improve our AI models (unless you opt out)

b. AI Limitation of Liability

While our AI systems are designed to produce original content, we cannot guarantee that AI-generated content will never inadvertently resemble existing works. You agree to:

• Review all AI-generated content for potential intellectual property issues
• Assume responsibility for any intellectual property claims arising from your use of AI-generated content
• Indemnify Inflow against any claims related to your use of AI-generated content

c. AI Training Opt-Out

You may opt out of having your content used for AI training by contacting privacy@getinflow.ai. Opting out will not affect your ability to use the Service but may impact personalization.

9. Third-Party Materials

a. Use of Third-Party Materials

We may incorporate third-party materials, such as stock images, fonts, or other licensed content ("Third-Party Materials"), into your projects. Use of these materials is subject to the licenses provided by third parties.

b. Licensing Fees

You are responsible for any licensing fees associated with Third-Party Materials unless otherwise agreed in writing.

c. Client-Provided Materials

If you provide materials for use in your projects, you represent that you have all necessary rights to use them and grant us permission to incorporate them into your deliverables. You agree to indemnify us against any claims related to these materials.

10. Portfolio Rights and Attribution

a. Portfolio Rights

You grant Inflow the right to display your completed projects in our portfolio and marketing materials, unless you specifically request confidentiality by notifying us at privacy@getinflow.ai.

b. Attribution

We may include a discreet credit or watermark in deliverables. You can request its removal at any time by contacting support@getinflow.ai.

11. Non-Solicitation

a. Restriction

During your engagement with Inflow and for one (1) year afterward, you will not directly or indirectly solicit or hire our employees or contractors outside the Service without written consent.

b. Opt-Out Provision

To engage with an Inflow team member outside the Service, you may pay an opt-out fee of $50,000. Contact legal@getinflow.ai for details.

c. Remedies

Violating this clause may result in account termination, and we may seek legal remedies.

12. Confidentiality

a. Definition

"Confidential Information" includes non-public information disclosed by either party related to business, technology, or customers.

b. Obligations

Both parties agree to:

• Use Confidential Information only for Service-related purposes
• Not disclose it without consent
• Take reasonable measures to protect it

c. Exceptions

Confidential Information does not include information that is:

• Publicly available
• Known prior to disclosure
• Independently developed
• Rightfully obtained from others without restriction

13. Intellectual Property Rights

a. Ownership of Deliverables

Upon full payment, you own all rights to the deliverables provided by Inflow, subject to:

• Third-Party Materials licenses
• Our retention of rights to design methods and techniques
• Our portfolio rights as outlined in Section 10

b. Inflow's Intellectual Property

We retain all rights to:

• Our Service's technology and platform
• Our AI models and algorithms
• Our proprietary processes and methodologies
• Our trademarks, trade names, and service marks

c. Limited License to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service as permitted by these Terms.

14. Payment Terms

a. Fees

• Project-Based Services: Payment is due 100% upfront before work begins
• Subscription Plans: Billed monthly in advance
• Changes to Fees: We may change fees with 30 days' notice

b. Payment Processing

• Billing Information: You agree to provide accurate payment information and authorize charges
• Auto-Renewal: Subscription plans auto-renew until canceled
• Failed Payments: We may suspend service if payment fails

c. Taxes

You're responsible for any taxes associated with your use of the Service, except for taxes based on our income.

15. Refund Policy

a. Project-Based Services

• No Refunds: All payments for project-based services are non-refundable once work has begun
• Satisfaction Guarantee: If you're not satisfied with initial concepts, we'll assign a new designer at no cost

b. Subscription Services

• Prorated Refunds: No refunds for partial months or unused hours
• Cancellation: You may cancel at any time with 30 days' notice

c. Exceptions

Any exceptions to this refund policy are at our sole discretion and may be subject to additional terms.

16. Indemnification

You agree to indemnify, defend, and hold harmless Inflow, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your infringement of any third-party rights
• Your use of AI-generated content

17. Limitation of Liability

a. Exclusion of Certain Damages

To the maximum extent permitted by law, Inflow will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or loss of goodwill.

b. Cap on Liability

Our total liability for any claims under these Terms will not exceed the amount you've paid us in the last six months or $500, whichever is greater.

c. Exceptions

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

18. Disclaimer of Warranties

a. "AS IS" Basis

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

b. No Warranties

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

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Error-free or uninterrupted operation

c. No Guarantee

We do not guarantee that:

• The Service will meet your requirements
• The Service will be error-free or uninterrupted
• Results from the Service will be accurate or reliable
• AI-generated content will be completely original or free from intellectual property concerns

19. Dispute Resolution and Arbitration

a. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

b. Dispute Resolution

• Good Faith Negotiations: We'll try to resolve disputes informally first within 60 days
• Arbitration: Unresolved disputes will be settled by binding arbitration in Wilmington, Delaware, under the American Arbitration Association rules
• Exceptions: Either party can seek court action for intellectual property disputes or small claims

c. Waiver of Class Actions

All claims must be brought individually; no class actions or representative proceedings are permitted.

d. Time Limitation

Any claim arising from these Terms must be initiated within one year of when the claim arose.

20. Modifications to the Service and Terms

a. Changes to the Service

We may modify, suspend, or discontinue the Service or any part thereof at any time without liability.

b. Changes to Terms

• Updates: We may update these Terms; the latest version will have the "Effective Date" at the top
• Notification of Changes: Significant changes will be communicated via email or notice on our Website at least 30 days in advance
• Acceptance of Changes: Continuing to use the Service after changes become effective means you accept the new Terms

21. Termination

a. Termination by You

You may terminate these Terms by:

• Canceling your subscription with 30 days' notice
• Closing your account by contacting support@getinflow.ai

b. Termination by Us

We may terminate these Terms and your access to the Service:

• For violation of these Terms
• For illegal or harmful use of the Service
• For non-payment
• For any reason at our discretion with 30 days' notice

c. Effect of Termination

Upon termination:

• Your access to the Service will cease
• You remain liable for any outstanding fees
• Sections that by their nature should survive will survive termination

22. Feedback and Suggestions

By submitting feedback or suggestions about the Service, you grant us an irrevocable, non-exclusive, royalty-free license to use, modify, create derivative works from, distribute, and display that feedback for any purpose without compensation to you.

23. Force Majeure

Inflow will not be liable for delays or failures due to events beyond our reasonable control, including acts of God, natural disasters, pandemics, telecommunications failures, power outages, or internet disruptions.

24. Export Controls

You agree to comply with all applicable export laws and restrictions and not to export or re-export the Service or any part of it to countries or persons prohibited under export control laws.

25. Government Users

If you are a U.S. government user, the Service is provided as "Commercial Items" as defined in 48 C.F.R. §2.101, with only those rights granted to all users under these Terms.

26. Assignment

• Your Rights: You may not assign these Terms without our written consent
• Inflow's Rights: We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets

27. Waiver and Severability

• No Waiver: Not enforcing a provision isn't a waiver of our rights
• Severability: If any term is unenforceable, the remaining terms stay valid

28. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Inflow regarding the Service, superseding any prior agreements.

29. Governing Language

These Terms are in English, and any translations are for convenience only. In case of conflict, the English version governs.

30. Contact Information

If you have questions or concerns about these Terms, contact us at:

• Email: legal@getinflow.ai
• Mailing Address:Lets Imagine, LLC dba Inflow1311 Vine StreetCincinnati, OH 45202
• Phone: +1 (419) 350-7640

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