Terms of Service

1. Acceptance

By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and able to enter a binding contract. The Service is intended for business use by content creators and agencies.

3. Accounts

Authentication is provided via our identity provider. You are responsible for safeguarding your credentials and for all activity under your account, including any team members (assistants / VAs) you invite. Notify us promptly of any unauthorized use.

4. The Service

FluidTalk provides AI-assisted chat-automation tools, including configurable AI personas, conversation engines, a template marketplace, an API / handshake to connect external messaging, and usage metering via a token system. Available features and limits depend on your plan.

5. Acceptable Use

You agree not to use the Service to:

• break any law or infringe any third-party right;
• create, request, or distribute content that sexually depicts minors or any non-consenting person;
• defraud, deceive, or unlawfully harass;
• send unlawful spam or violate the terms of any third-party platform you connect to the Service;
• reverse engineer, scrape, or disrupt the Service; or
• resell or sublicense the Service except as your plan permits.

You are solely responsible for ensuring your use complies with the rules and terms of any external platform on which you operate.

6. Your Content

You retain ownership of content you upload (e.g., persona images and copy). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display that content solely to operate and improve the Service. You represent and warrant that you hold all necessary rights to your content and that it does not depict minors or violate any law or third-party right.

7. AI Output

The Service uses artificial-intelligence models to generate messages and suggestions. AI output may be inaccurate, incomplete, or unsuitable. You are responsible for reviewing AI output and for every message sent through accounts you connect. We make no guarantee of any specific result, conversion, engagement, or revenue.

8. Third-Party Platforms

FluidTalk is an independent tool and is not affiliated with, endorsed by, or sponsored by any third-party messaging or content platform. Your use of such platforms is governed by their own terms, and you are solely responsible for complying with them.

9. Tokens, Plans & Billing

The Service meters conversations using tokens. Plans grant included tokens and resource limits; additional tokens may be purchased (top-ups). Prices, included tokens, and limits are described in-product and may change with reasonable notice. Tokens carry no cash value and are non-refundable except where required by law. Specific billing and payment-processor terms apply once paid billing launches.

10. Team Members

Account owners may invite assistants subject to plan limits and are responsible for their assistants' actions and for the permissions granted to them.

11. Intellectual Property

The Service, including its software, design, content, and trademarks, is owned by us or our licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

12. Privacy

Our Privacy Policy describes how we handle personal data. By using the Service you acknowledge and consent to that processing.

13. Disclaimers

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, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free.

14. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Our aggregate liability for any claim relating to the Service will not exceed the amounts you paid us in the three (3) months preceding the event giving rise to the claim.

15. Indemnification

You will defend, indemnify, and hold us harmless from any claim, damage, or expense (including reasonable legal fees) arising from your content, your use of the Service, your violation of these Terms, or your violation of any law or any third-party platform's terms.

16. Suspension & Termination

We may suspend or terminate your access for breach of these Terms or for unlawful, abusive, or harmful use. You may stop using the Service at any time. Provisions that by their nature should survive (e.g., intellectual property, disclaimers, liability, indemnity) survive termination.

17. Changes to the Service or Terms

We may modify the Service or these Terms. We will provide notice of material changes in-product or by email; continued use after changes take effect constitutes acceptance.

18. Governing Law & Compliance

We operate the Service in compliance with applicable data-protection and consumer-protection laws, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA / CPRA), the UK Data Protection Act, and other applicable laws. Specific governing-law, venue, arbitration, and class-action provisions will be finalized and published here in a future update.

19. Contact

Questions about these Terms: [email protected].