Terms of Service

Last updated: December 3, 2024

1. Acceptance of Terms

Welcome to FlareCanvas. These Terms of Service ("Terms") govern your access to and use of FlareCanvas's website, applications, APIs, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.

2. Description of Service

FlareCanvas is a creative automation platform that provides visual design tools, template libraries, API-based image and video generation, AI-powered features, and automation integrations. The Service allows you to create, store, modify, and programmatically generate visual content.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate and current
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or guardian. By using the Service, you represent that you meet these eligibility requirements.

4. Subscription Plans and Payments

4.1 Subscription Tiers

We offer multiple subscription plans (Free, Creator, and Agency) with different features, usage limits, and pricing. Details of each plan are available on our pricing page.

4.2 Billing and Payments

  • Subscription fees are billed in advance on a monthly or annual basis
  • Payment is due immediately upon subscription
  • All fees are non-refundable except as required by law or as expressly stated
  • We reserve the right to change our pricing with 30 days' notice
  • You authorize us to charge your payment method for all fees incurred
  • Failure to pay may result in service suspension or termination

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

4.4 Usage Limits

Each subscription plan includes specific usage limits (API rate limits, storage, AI credits, etc.). Exceeding these limits may result in additional charges or service restrictions. We reserve the right to enforce usage limits and throttle or suspend access if limits are exceeded.

5. User Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to content you create, upload, or generate using the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display your User Content solely to provide and improve the Service.

5.2 Content Restrictions

You agree not to create, upload, or generate content that:

  • Infringes on intellectual property rights of others
  • Contains malware, viruses, or harmful code
  • Is illegal, obscene, defamatory, or harmful
  • Violates privacy or data protection laws
  • Promotes violence, discrimination, or harassment
  • Impersonates others or misrepresents your affiliation

5.3 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content (excluding User Content), is owned by FlareCanvas and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

5.4 Templates and Stock Assets

Templates and stock media provided through the Service are licensed to you for use within the Service. You may use outputs generated from these templates for commercial purposes, but you may not redistribute the templates themselves.

6. API Usage and Integration

6.1 API Keys and Security

You are responsible for:

  • Keeping your API keys secure and confidential
  • All activity occurring under your API keys
  • Immediately notifying us of any unauthorized API usage
  • Not sharing API keys with unauthorized parties

6.2 Rate Limits and Fair Use

API usage is subject to rate limits based on your subscription plan. We reserve the right to implement additional rate limiting or throttling to ensure service quality for all users. Abuse or excessive usage may result in account suspension.

6.3 API Changes

We may modify, update, or deprecate API endpoints. We will provide reasonable notice of breaking changes when possible, but cannot guarantee backward compatibility indefinitely.

7. Prohibited Activities

You agree not to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Transmit malware, viruses, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Scrape, crawl, or harvest data from the Service
  • Reverse engineer or decompile our software
  • Resell or redistribute the Service without permission
  • Create accounts through automated means
  • Use the Service to spam or send unsolicited messages
  • Impersonate others or provide false information

8. Third-Party Integrations

The Service may integrate with third-party services (such as Zapier, Make, n8n, and others). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, content, or practices of third-party services.

By connecting third-party services to your FlareCanvas account, you authorize us to access and share your data with those services as necessary to provide the integration functionality.

9. Data and Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy.

You are responsible for ensuring that your use of the Service complies with applicable data protection and privacy laws, including obtaining necessary consents for processing personal data.

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding availability, reliability, or error-free operation
  • Warranties that the Service will meet your requirements
  • Warranties regarding the accuracy or completeness of content

We do not guarantee that the Service will be uninterrupted, secure, or free from errors, bugs, or viruses.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLARECANVAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for all claims arising from or relating to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless FlareCanvas and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, your subscription will remain active until the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, for:

  • Violation of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • Abuse or excessive usage that impacts other users
  • Any other reason at our sole discretion

13.3 Effect of Termination

Upon termination, your right to access the Service will immediately cease. We may delete your User Content after a reasonable period. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@flarecanvas.app to attempt to resolve the dispute informally.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which FlareCanvas operates, without regard to conflict of law provisions.

14.3 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property violations.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FlareCanvas regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Information

If you have any questions about these Terms, please contact us: