Terms of Service

1. Service Description

FlyingToast is an AI-powered social media automation platform. We provide tools that analyze your brand data, generate on-brand social media content and images using artificial intelligence, and publish that content to your connected social media accounts. The service is provided on a subscription basis through our website.

2. Account Terms

By creating an account, you agree to the following:

• You must be at least 16 years old to use FlyingToast.
• You must provide accurate and complete information when creating your account.
• You are responsible for maintaining the security of your account credentials, including your password and any two-factor authentication methods.
• You are responsible for all activity that occurs under your account and within your organization.
• One person or entity may maintain multiple organizations, each with its own subscription.

3. User Responsibilities

As a user of FlyingToast, you are responsible for:

• Content ownership - You must have the right to upload any brand materials (documents, logos, images, text) to the platform. You retain ownership of all content you upload.
• Published content - You are ultimately responsible for all content published to your social media accounts, whether auto-published or manually approved. We recommend using approval mode to review content before it goes live.
• Social account authorization - You must have proper authorization to connect and post to the social media accounts you link to FlyingToast.
• Team management - Organization owners are responsible for managing team member access and permissions.

4. AI-Generated Content Disclaimer

FlyingToast uses artificial intelligence to generate social media content and images. You acknowledge and agree that:

• AI-generated content may occasionally contain inaccuracies, unexpected phrasing, or content that does not perfectly match your brand voice. We continuously improve our AI but cannot guarantee perfection.
• AI-generated images are created algorithmically and may not always meet your expectations. Image generation may occasionally fail, in which case posts will be published without images.
• You are responsible for reviewing AI-generated content before publication. We strongly recommend using the approval queue feature, especially when first using the platform.
• FlyingToast is not responsible for any consequences arising from the publication of AI-generated content to your social media accounts, including but not limited to reputational damage, regulatory violations, or third-party claims.
• Generated content is provided "as is" and you use auto-publish features at your own risk.

5. Intellectual Property

Your Content

You retain all rights to the brand materials, documents, and other content you upload to FlyingToast. By uploading content, you grant us a limited license to process, analyze, and store it solely for the purpose of providing the service to you. This license terminates when you delete the content or close your account.

AI-Generated Content

Content generated by our AI (posts, images) based on your brand data is owned by you. You may use, modify, and distribute this content without restriction. We retain no rights to AI-generated content produced for your organization.

Our Platform

The FlyingToast platform, including its design, code, algorithms, documentation, and branding, is owned by FlyingToast and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable right to use the platform.

6. Billing & Refunds

By subscribing to a paid plan, you agree to the following billing terms:

• Free trial - All new organizations receive a 14-day free trial. No credit card is required to start a trial.
• Subscription billing - Subscriptions are billed monthly or annually, depending on your selection. Charges are processed via Stripe on the same day each billing cycle.
• Cancellation - You may cancel your subscription at any time. Monthly plans take effect at the end of the current billing period. Annual plans are non-refundable after 14 days from purchase.
• Refunds - We offer a full refund within 14 days of your first paid subscription if you are not satisfied. After this period, no refunds are provided for partial billing periods. Contact [email protected] to request a refund.
• Plan changes - You may upgrade or downgrade your plan at any time. Changes take effect when you confirm them in FlyingToast, and Stripe applies any eligible proration. You cannot move to a plan that includes fewer channels than you currently have connected; disconnect the extras first.
• Studio Images add-on - Studio Images is a recurring subscription add-on that upgrades future AI image generation quality for your included monthly AI images. It does not increase monthly image quantity, create stored value, or add automatic image overage charges.
• Usage limits - Each plan has defined limits for posts, images, social accounts, and team members. Exceeding these limits will require an upgrade. We will not charge overage fees without your explicit consent.

7. Acceptable Use

You agree not to use FlyingToast to:

• Generate or publish spam, misleading content, or disinformation.
• Generate content that is hateful, discriminatory, violent, sexually explicit, or illegal.
• Impersonate other individuals, brands, or organizations.
• Violate any applicable law, regulation, or the terms of service of connected social media platforms.
• Upload content that infringes on third-party intellectual property rights.
• Attempt to reverse-engineer, decompile, or extract our AI models or algorithms.
• Attempt to access data belonging to other organizations or users.
• Use automated tools to scrape, crawl, or overload the platform.

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

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. FlyingToast depends on third-party services (AI providers, social media platforms, payment processors) that may experience downtime. We will make reasonable efforts to notify users of planned maintenance and significant service disruptions.

9. Limitation of Liability

To the maximum extent permitted by law:

• FlyingToast is provided "as is" and "as available" without warranties of any kind, express or implied.
• We do not warrant that AI-generated content will be accurate, appropriate, or free from errors.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claim arising from the use of FlyingToast shall not exceed the amount you paid us in the 12 months preceding the claim.
• We are not liable for the actions or policies of third-party social media platforms, including account suspensions or content removals by those platforms.

10. Termination

Either party may terminate this agreement:

• By you - You may close your account or cancel your subscription at any time through the platform settings or by contacting support.
• By us - We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or fail to pay subscription fees after reasonable notice.
• Effect of termination - Upon termination, your right to use the platform ceases immediately. Your data will be retained for 30 days (soft delete) and permanently deleted after 90 days, as described in our Privacy Policy.
• Data export - You may request a data export before or within 30 days of account closure.

11. Indemnification

You agree to indemnify and hold harmless FlyingToast and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your use of the service, your content, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of FlyingToast shall be resolved through good-faith negotiation first. If negotiation fails, disputes shall be submitted to the competent courts.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days before they take effect, via email and a notice on our platform. Your continued use of FlyingToast after the changes take effect constitutes acceptance of the revised Terms. If you do not agree with the changes, you may cancel your account before they take effect.

14. Contact Us

If you have questions about these Terms of Service, contact us at [email protected].