1. Acceptance of Terms
Welcome to Flomenco. By accessing or using our website (flomenco.com), applications, or any services we provide (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
We may update these Terms from time to time. Continued use of our Services after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.
Important: These Terms constitute a legally binding agreement between you and Flomenco. Please read them carefully before using our Services.
2. Description of Service
Flomenco provides a media asset management and workflow platform designed for content creators, media professionals, and organizations. Our Services include:
- Discover: AI-powered tools to search, analyze, and catalog your media assets
- Create: Automated content creation and repurposing tools
- Deliver: Distribution and publishing workflows
- Analytics: Insights and reporting on content performance
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
3. User Accounts and Registration
Account Creation
To access certain features of our Services, you must create an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate and complete
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
Account Requirements
- You must be at least 16 years old to use our Services
- Business accounts must be created by authorized representatives
- You may not create accounts using automated methods or false information
Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Services will cease immediately.
4. Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Upload, share, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Infringe upon intellectual property rights of others
- Upload content that contains malware, viruses, or malicious code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of the Services
- Use the Services to send spam, phishing, or other unsolicited communications
- Reverse engineer, decompile, or disassemble any part of our Services
- Use automated tools to access the Services except as explicitly permitted
- Resell or redistribute our Services without authorization
Violation Consequences: Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.
5. Intellectual Property Rights
Our Intellectual Property
The Services, including all content, features, and functionality (including but not limited to software, text, images, graphics, logos, and design), are owned by Flomenco and are protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Services without our explicit written permission.
Your Content
You retain ownership of any content you upload, submit, or transmit through our Services ("Your Content"). By uploading content, you grant Flomenco a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display Your Content solely for the purpose of providing the Services to you.
You represent and warrant that:
- You own or have the necessary rights to use and share Your Content
- Your Content does not violate any third-party rights
- Your Content complies with these Terms and all applicable laws
Feedback
If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without any obligation to you.
6. Payment Terms
Subscription Fees
Certain features of our Services require payment. By subscribing to a paid plan, you agree to pay all applicable fees as described on our pricing page.
Billing
- Subscriptions are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law or as explicitly stated
- We may change our pricing with 30 days' notice to existing subscribers
Free Trials
We may offer free trials of paid features. At the end of a trial period, your account may be automatically converted to a paid subscription unless you cancel before the trial ends.
Cancellation
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that time.
7. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our Services, you consent to:
- The collection and use of your information as described in our Privacy Policy
- The processing of your data to provide and improve our Services
- Receiving communications related to your account and the Services
8. Third-Party Services
Our Services may integrate with or contain links to third-party websites, services, or content. We are not responsible for:
- The availability, accuracy, or content of third-party services
- Any transactions you conduct with third parties
- Any damages or losses related to your use of third-party services
Your use of third-party services is subject to their respective terms and privacy policies.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Any warranty that the Services will be uninterrupted, timely, secure, or error-free
- Any warranty regarding the accuracy, reliability, or completeness of any content
- Any warranty that defects will be corrected
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOMENCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, data, or business opportunities
- Service interruption or computer damage
- Cost of substitute services
- Any damages arising from your use or inability to use the Services
Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages, which means some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Flomenco, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your Content uploaded to or transmitted through the Services
12. Termination
Termination by You
You may terminate your account at any time by contacting us or through your account settings. Termination does not entitle you to a refund of any pre-paid fees.
Termination by Us
We may suspend or terminate your account immediately, without prior notice or liability, if:
- You breach these Terms
- We are required to do so by law
- We decide to discontinue the Services
Effect of Termination
Upon termination:
- Your right to use the Services ceases immediately
- We may delete your account and associated data
- Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) will continue to apply
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Flomenco operates, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Services shall be resolved through:
- Negotiation: We will first attempt to resolve any dispute through informal negotiation
- Mediation: If negotiation fails, we may pursue mediation
- Legal Action: If mediation is unsuccessful, either party may pursue legal remedies in the appropriate courts
You agree that any legal action must be brought within one (1) year after the cause of action arises.
14. Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Last updated" date at the top of this page
- Notify you via email or through the Services (for material changes)
- Post the revised Terms on our website
Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.
15. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Flomenco regarding the Services.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure
We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
- Email: legal@flomenco.com
- Website: Contact Form
For privacy-related inquiries, please contact privacy@flomenco.com or visit our Privacy Policy.