Terms and Conditions

1. Acceptance of Terms

By creating an account or using the Flo AI platform (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that business. If you do not agree to these Terms, do not use the Service.

Flo Marketing Solutions, Inc. ("Flo AI," "we," "us," or "our") reserves the right to update these Terms at any time. We will notify you of material changes by posting the updated Terms with a new effective date. Continued use of the Service after changes take effect means you accept the updated Terms.

2. Description of Service

Flo AI is an AI-assisted marketing platform designed for independent restaurants and bars. The Service includes:

• Restaurant onboarding and brand profile setup
• AI-powered brand research and content suggestions
• Media library management with AI-assisted auto-organization of uploaded photos
• AI-generated marketing content including captions, promotional copy, and images
• Social media scheduling and publishing tools

The Service is provided as a software-as-a-service product hosted on Vercel. Features and availability may change as the product evolves. We will provide reasonable notice of significant changes.

3. User Accounts and Responsibilities

To use the Service you must create an account. You are responsible for:

• Providing accurate registration information
• Keeping your password secure and confidential
• All activity that occurs under your account
• Notifying us promptly at Legal@flomarketing.ai if you suspect unauthorized access to your account

You must be at least 18 years old to create an account and use the Service. The Service is intended for business use by restaurant and bar operators.

You may not share your account credentials with third parties or create accounts on behalf of others without authorization.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Upload content that infringes third-party intellectual property rights
• Submit false, misleading, or fraudulent content for publication
• Attempt to reverse-engineer, scrape, or extract data from the platform
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious code, viruses, or harmful content
• Use the Service to generate spam, unsolicited marketing, or harassing content

We reserve the right to suspend or terminate accounts that violate these rules, at our sole discretion, with or without prior notice depending on the severity of the violation.

5. User Content and Ownership

Your Content

You retain full ownership of all content you upload to or create through the Service, including restaurant photos, brand assets, logos, descriptions, and any other materials ("User Content").

By uploading User Content, you grant Flo AI a limited, non-exclusive, worldwide, royalty-free license to use, store, display, process, and transmit your User Content solely for the purpose of providing and improving the Service to you. This license ends when you delete the content or close your account, subject to reasonable backup and cache retention periods described in the Privacy Policy.

AI-Processed Content

When you upload photos to the Service, those photos may be sent to third-party AI services for automatic organization and categorization of your media library, and to generate marketing content. You grant Flo AI the right to transmit your User Content to these services for this purpose, subject to the separate AI processing consent you provided at signup and the subprocessor disclosures in our Privacy Policy.

6. AI-Generated Content

Human Review Required

All AI-generated content produced by the Service - including captions, promotional copy, images, and scheduling suggestions - is a draft for your review. You are responsible for reviewing, editing, approving, and deciding what to publish. Do not publish AI-generated content without reviewing it first.

No Guarantee of Accuracy

AI-generated content may contain errors, inaccuracies, hallucinations, or content that is inappropriate for your brand or audience. Flo AI does not guarantee the accuracy, suitability, or fitness for purpose of any AI-generated output. You publish at your own discretion and bear full responsibility for what goes out under your restaurant's accounts.

Third-Party Platform Rules

You are responsible for ensuring that any content you schedule or publish through the Service complies with the terms of service of the third-party social media platforms (Instagram, Facebook, and others) you connect. Flo AI is not responsible for content removals, account restrictions, or penalties imposed by those platforms.

7. Intellectual Property

The Flo AI platform, including its design, code, features, and documentation, is owned by Flo Marketing Solutions, Inc. and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service itself.

Nothing in these Terms transfers ownership of the Flo AI platform or its underlying technology to you.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL MEET YOUR REQUIREMENTS OR BE ACCURATE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Flo Marketing Solutions, Inc. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING LOSS OF REVENUE, PROFITS, OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations of liability. Where required by law, these limitations apply only to the fullest extent permitted.

9. Termination

You may close your account at any time by contacting us at Legal@flomarketing.ai. We will process your request within a reasonable time and handle your data per our Privacy Policy.

We may suspend or terminate your account if you breach these Terms, if we are required to do so by law, or if we discontinue the Service. We will provide advance notice where practicable, except where suspension is necessary to prevent harm or address a legal requirement.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and governing law) remain in effect.

10. Changes to Terms

We will post updated Terms at the URL where you first accessed this document. Where changes are material, we will notify you by email or in-app notification at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Service will be resolved in the courts of the State of Florida, United States, and you consent to personal jurisdiction there.

12. Contact

Questions about these Terms? Contact us at: