Terms of Service

1. Acceptance of Terms

By accessing and using Flow33's AI-powered content generation platform (the 'Service'), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ('Terms'). These Terms constitute a legally binding agreement between you and Nitrotech Inc. ('Flow33', 'we', 'us', or 'our'). If you do not agree to these Terms, please do not use our Service. By creating an account or using our Service, you represent that you have the authority to bind yourself or your organization to these Terms.

2. Service Description

Flow33 is an AI-powered content generation platform operated by Nitrotech Inc., a Delaware corporation. We provide:

• Predefined marketing workflows for creating professional content (gaming ads, UGC content, app marketing, social media content)
• AI-powered text, image, and video generation using third-party AI models (Google Vertex AI including Veo 3/3.1 and Imagen)
• Workflow automation and content management tools
• API access for programmatic content generation
• Credit-based usage system for AI generation services

Our Service is designed for marketing teams, content creators, and professionals. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Eligibility

You must meet the following requirements to use our Service:

• You must be at least 18 years old
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using our Service under applicable laws
• You must be using the Service for lawful business or personal purposes

By using our Service, you represent and warrant that you meet all eligibility requirements and that all information you provide is accurate, current, and complete.

4. Account Registration and Security

When you create an account with Flow33, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the confidentiality of your account credentials (password, API keys)
• Accept responsibility for all activities that occur under your account
• Notify us immediately at support@flow33.io of any unauthorized access or security breach
• Not share your account credentials with others or allow others to access your account
• Not create multiple accounts or use accounts on behalf of others without authorization

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity. You are responsible for any charges incurred under your account, even if unauthorized.

5. Acceptable Use Policy

You agree to use Flow33 only for lawful purposes and in accordance with these Terms. You may not use our Service to:

• Create content that violates intellectual property rights of others
• Generate harmful, offensive, illegal, defamatory, or abusive content
• Create content that promotes violence, discrimination, or harassment
• Violate any applicable local, state, national, or international laws or regulations
• Attempt to reverse engineer, decompile, or circumvent our security measures
• Use automated scripts or bots to access the Service (except via our official API)
• Resell, redistribute, or compete directly with Flow33 without authorization
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Impersonate any person or entity or falsely state your affiliation
• Upload malicious code, viruses, or any harmful content

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing content, suspending accounts, and reporting to law enforcement.

7. Credits and Usage

Flow33 operates on a credit-based system. Credits are consumed when you generate content through our AI workflows. Different operations consume different amounts of credits:

• Image generation: Varies by model and resolution (typically 15 credits)
• Video generation: Varies by model, duration, and quality (typically 300-500 credits)
• Prompt generation: Typically 1 credit
• Other AI operations: As displayed in the platform before execution

Credits can be purchased in packages. Purchased credits are added to your account balance and can be used until consumed. Credits do not expire as long as your account remains active.

Credits are non-transferable between accounts and have no cash value.

8. Billing, Payment, and Refunds

Payment is processed securely through Stripe, our third-party payment processor. By purchasing credits, you authorize us to charge your payment method for the selected package amount. All prices are in USD unless otherwise stated.

Payment Refunds

Payment Refunds: All credit package purchases are final and non-refundable, except:

• As required by applicable law
• In cases of unauthorized charges (must be reported within 30 days)
• At our sole discretion for exceptional circumstances

You are responsible for any applicable sales, use, VAT, or other taxes associated with your purchase.

If you believe you were charged incorrectly, contact us at support@flow33.io within 30 days of the charge. We will investigate and resolve the issue in good faith.

9. API Access and Usage

Flow33 provides API access for programmatic content generation. API usage is subject to these Terms and any additional API-specific terms or rate limits we communicate.

You are responsible for securing your API keys. Do not share API keys publicly or embed them in client-side code. If your API key is compromised, revoke it immediately and generate a new one.

We may impose rate limits, quotas, or other restrictions on API usage to ensure fair access and platform stability. Exceeding these limits may result in throttling or temporary suspension.

We reserve the right to modify, deprecate, or discontinue API endpoints with reasonable notice (typically 30 days for breaking changes).

11. Termination and Account Closure

Your Rights

You may terminate your account at any time by contacting us at support@flow33.io or using the account deletion feature in your settings. Upon termination:

• Your access to the Service will cease immediately
• Your account data will be deleted within 30 days (see Privacy Policy for retention details)
• Unused credits will be forfeited (no refund for unused credits)
• You remain responsible for any charges incurred before termination

Our Rights

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms or our Acceptable Use Policy
• Your account has been inactive for an extended period
• We detect fraudulent, abusive, or suspicious activity
• We are required to do so by law or court order
• We decide to discontinue the Service (with reasonable notice)

Termination does not relieve you of any obligations incurred before termination. Sections of these Terms that by their nature should survive termination will survive (including ownership, disclaimers, and limitation of liability).

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NITROTECH INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your use or inability to use the Service
• Damages resulting from errors, inaccuracies, or omissions in Generated Content
• Damages resulting from unauthorized access to your account or data
• Damages resulting from third-party services (Google Vertex AI, Stripe, etc.)
• Damages resulting from copyright or intellectual property claims related to Generated Content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FLOW33 IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Nitrotech Inc., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws
• Your Input Content or any content you submit to the Service
• Your use of Generated Content that infringes third-party intellectual property rights
• Your violation of any rights of another person or entity
• Unauthorized access to your account due to your failure to secure credentials

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You will cooperate fully with our defense of any claim.

15. Copyright and DMCA Policy

Flow33 respects the intellectual property rights of others. If you believe that content on our platform infringes your copyright, please notify us at support@flow33.io with:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location on our Service
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

We will respond to valid DMCA notices and may terminate accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, United States, or remotely via video conference.

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

You agree to resolve disputes on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration against Flow33.

Flow33 is operated by Nitrotech Inc., a corporation incorporated in the State of Delaware, United States.

17. 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 these Terms
• Send an email notification to the address associated with your account
• Display a prominent notice on our platform or website

Changes become effective 30 days after notification (or immediately for legal or security reasons). Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

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

18. Miscellaneous Provisions