Terms of Service

Last Updated: January 2025
Effective Date: January 2025

Introduction

Welcome to ChannelFlare (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of ChannelFlare, a social media content creation and management platform that enables you to create, schedule, and publish content across multiple social media platforms.

By accessing or using ChannelFlare, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our service.

These Terms constitute a legally binding agreement between you and ChannelFlare. Please read these Terms carefully before using our service.

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, browsing, or using ChannelFlare, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our service.

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Email: Sending an email to your registered email address
• In-app notification: Displaying a notice in the application
• Updated date: Updating the “Last Updated” date at the top of these Terms

Continued use: Your continued use of ChannelFlare after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our service.

1.3 Eligibility

You must be at least 13 years old (or the age of majority in your jurisdiction) to use ChannelFlare. By using our service, you represent and warrant that:

• You are of legal age to form a binding contract
• You have the authority to enter into these Terms
• Your use of ChannelFlare will not violate any applicable law or regulation
• All information you provide is accurate and truthful

2. Description of Service

2.1 Service Overview

ChannelFlare is a cloud-based social media content creation and management platform that provides:

• Content creation: Tools to create posts with text, images, videos, and other media
• Multi-platform publishing: Publish content to multiple social media platforms simultaneously
• Scheduling: Schedule posts to be published at specific times using Google Cloud Tasks
• Media management: Upload, organize, and manage media files (images, videos)
• Team collaboration: Create teams, invite members, and collaborate on content creation
• Platform integration: Connect with social media platforms including Instagram, Facebook, X (Twitter), LinkedIn, Pinterest, TikTok, YouTube, Google Business Profile, Threads, and Bluesky
• Media import: Import media from external sources (Google Drive, Google Photos, Dropbox, OneDrive)

2.2 Service Availability

We strive to provide continuous service availability, but we do not guarantee that the service will be:

• Uninterrupted: Service may experience downtime for maintenance, updates, or technical issues
• Error-free: The service may contain errors, bugs, or technical limitations
• Secure: While we implement security measures, no service is 100% secure

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with or without notice.

2.3 Service Modifications

We may update, modify, or discontinue features or functionality of ChannelFlare at any time. We are not obligated to:

• Maintain backward compatibility with previous versions
• Provide notice of all changes (except material changes to these Terms)
• Refund fees for discontinued features (if applicable)

3. User Accounts

3.1 Account Creation

To use ChannelFlare, you must create an account by providing:

• Email address: A valid email address for account verification and communication
• Password: A secure password that meets our requirements
• Display name: Your name as displayed in the application (optional)

You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account and password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Security

You are responsible for:

• Password security: Keeping your password confidential and not sharing it with anyone
• Account access: All activities that occur under your account credentials
• Unauthorized access: Notifying us immediately if you suspect unauthorized access
• Logout: Logging out when using shared or public devices

We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination by You

You may delete your account at any time through account settings. Upon account deletion:

• Content deletion: Your posts and media will be deleted (unless shared with teams)
• Team memberships: You will be removed from all teams
• Connected accounts: All connected social media accounts will be disconnected
• Data retention: Some data may be retained as described in our Privacy Policy

Team content: Content you created within teams may remain accessible to other team members after you leave. Team admins can delete team content.

3.4 Account Termination by Us

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent, abusive, or illegal activity
• Use the service in a manner that disrupts or harms our service or other users
• Fail to pay any applicable fees (if applicable)
• Breach any applicable laws or regulations

Notice: We will provide reasonable notice before termination unless immediate termination is necessary to protect our service or other users.

Appeal: You may appeal account termination by contacting us at [support@ChannelFlare.com].

4. User Responsibilities

4.1 Acceptable Use

You agree to use ChannelFlare only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate laws: Use the service in violation of any applicable laws or regulations
• Infringe rights: Infringe on the intellectual property, privacy, or other rights of others
• Harm others: Harm, threaten, harass, or abuse other users or third parties
• Impersonate: Impersonate any person or entity or misrepresent your affiliation
• Malicious code: Introduce viruses, malware, or other malicious code
• Unauthorized access: Attempt to gain unauthorized access to accounts, systems, or networks
• Service disruption: Interfere with or disrupt the service or servers

4.2 Content Responsibility

You are solely responsible for all content you create, upload, or publish through ChannelFlare, including:

• Content accuracy: Ensuring content is accurate and truthful
• Content legality: Ensuring content complies with applicable laws and platform policies
• Content rights: Ensuring you have the right to use and publish all content
• Platform policies: Complying with the terms of service and policies of social media platforms
• Third-party rights: Respecting the rights of third parties (copyright, trademark, privacy, etc.)

4.3 Platform Compliance

When publishing content to social media platforms, you agree to:

• Platform terms: Comply with the terms of service and policies of each platform
• Content restrictions: Follow platform-specific content restrictions and guidelines
• Account permissions: Only publish to accounts you own or have permission to manage
• Rate limits: Respect platform rate limits and quota restrictions

Platform violations: We are not responsible if your content violates platform policies. You are solely responsible for any consequences, including account suspension or termination by the platform.

5. Content Ownership and Licensing

5.1 Your Content

You retain all ownership rights to content you create, upload, or publish through ChannelFlare (“Your Content”).

Examples of Your Content:

• Posts, captions, and comments
• Images, videos, and other media files
• Team names and descriptions
• Custom tags and categories

5.2 License to ChannelFlare

By using ChannelFlare, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store: Store and process Your Content to provide the service
• Display: Display and format Your Content within the service
• Publish: Publish Your Content to connected social media platforms at your direction
• Process: Process Your Content (generate thumbnails, extract metadata, etc.)
• Backup: Backup Your Content for disaster recovery

Scope: This license is limited to what is necessary to provide the service. We do not claim ownership of Your Content.

5.3 Public Content

When you publish content to social media platforms:

• Platform ownership: The platform’s terms of service govern the use of published content
• Public content: Content published to public platforms becomes public and subject to platform policies
• Removal: You are responsible for removing published content if needed

5.4 Content Removal

You may delete Your Content at any time through the service. Upon deletion:

• Service deletion: Content will be removed from ChannelFlare
• Platform deletion: We will not automatically delete content already published to social media platforms
• Team content: Content shared with teams may remain accessible to other team members

5.5 Intellectual Property Rights

ChannelFlare and its original content, features, and functionality are owned by us and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the service
• Reverse engineer, decompile, or disassemble the service
• Remove or alter any proprietary notices or labels
• Use our trademarks, logos, or brand features without permission

6. Team Collaboration

6.1 Team Creation

You may create teams to collaborate with other users. As a team creator, you are the team owner and have administrative privileges.

6.2 Team Roles

Teams support the following roles with different permissions:

• Admin: Full access to all features and settings
• Approver: Can approve posts and manage content
• Creator: Can create and edit posts, delete own posts
• Viewer: Can view content but cannot make changes

6.3 Team Membership

• Invitations: Team admins can invite users to join teams via email
• Acceptance: Invited users must accept invitations to join teams
• Permissions: Team members have access to team content based on their role
• Leaving teams: You may leave teams at any time through team settings
• Removal: Team admins can remove team members (except the owner)

6.4 Team Content

• Ownership: Team content belongs to the team, not individual members
• Access: Team members can access team content based on their role
• Deletion: Team admins can delete team content
• After leaving: If you leave a team, content you created remains accessible to other team members

6.5 Team Responsibility

You are responsible for:

• Team management: Managing team members and permissions appropriately
• Content moderation: Ensuring team content complies with these Terms
• Team security: Maintaining appropriate team access controls
• Invitations: Only inviting users who consent to join teams

7. Platform Integrations

7.1 Social Media Platform Connections

ChannelFlare allows you to connect your social media accounts for publishing. When you connect an account:

• OAuth authorization: You authorize us to access your account using OAuth 2.0
• Token storage: We store encrypted OAuth tokens to maintain connections
• Publishing permission: You grant us permission to publish content on your behalf
• Platform terms: You agree to comply with the platform’s terms of service

Supported platforms: Instagram, Facebook, X (Twitter), LinkedIn, Pinterest, TikTok, YouTube, Google Business Profile, Threads, Bluesky, and others as available.

7.2 OAuth Scopes

Each platform requires specific permissions (scopes) that you grant during connection. These may include:

• Read permissions: Access to profile information, account details
• Write permissions: Ability to post content, upload media
• Management permissions: Ability to manage posts, comments, settings

Scope details: We request only the minimum permissions necessary to provide the service.

7.3 Token Management

• Encryption: OAuth tokens are encrypted before storage
• Refresh: We automatically refresh expired tokens when possible
• Revocation: You can revoke access by disconnecting accounts at any time
• Security: We implement security measures to protect stored tokens

7.4 Platform Limitations

We are not responsible for:

• Platform changes: Changes to platform APIs or policies that affect functionality
• Platform errors: Errors or downtime on social media platforms
• Rate limits: Platform rate limits or quota restrictions
• Content rejection: Platform rejection of published content
• Account suspension: Suspension or termination of your platform accounts

7.5 Media Source Connections

You may connect external media sources (Google Drive, Google Photos, Dropbox, OneDrive) to import media. When you connect:

• Access permission: You authorize us to access files from the source
• Import permission: You grant us permission to import selected files
• Storage: Imported files may be copied to our storage for processing
• Token management: We store encrypted OAuth tokens to maintain connections

8. Prohibited Activities

8.1 Illegal Activities

You agree not to use ChannelFlare to:

• Violate laws: Engage in any illegal activity or violate any applicable laws
• Harm others: Harm, threaten, harass, abuse, or defame others
• Discrimination: Discriminate against others based on protected characteristics
• Hate speech: Publish hate speech, incitement to violence, or discriminatory content
• Spam: Send unsolicited messages or spam
• Fraud: Engage in fraudulent, deceptive, or misleading practices

8.2 Intellectual Property Violations

You agree not to:

• Copyright infringement: Publish content that infringes on copyright or other intellectual property rights
• Trademark infringement: Use trademarks without authorization
• Unauthorized use: Use content without permission from the rights holder
• Plagiarism: Publish plagiarized or unoriginal content

8.3 Service Abuse

You agree not to:

• Unauthorized access: Attempt to gain unauthorized access to accounts, systems, or networks
• Service disruption: Interfere with or disrupt the service or servers
• Malicious code: Introduce viruses, malware, or other malicious code
• Automated access: Use bots, scrapers, or automated tools without authorization
• Abuse resources: Abuse or overuse service resources

8.4 Content Restrictions

You agree not to publish content that:

• Illegal: Violates any applicable laws or regulations
• Harmful: Is harmful, threatening, abusive, or harassing
• Defamatory: Is defamatory or libelous
• Obscene: Is obscene, pornographic, or offensive
• Violent: Contains graphic violence or incites violence
• Discriminatory: Discriminates against protected groups
• Misleading: Is false, misleading, or deceptive
• Private information: Contains private information of others without consent

Platform policies: You must also comply with the content policies of social media platforms where you publish content.

8.5 Consequences

Violation of these prohibitions may result in:

• Content removal: Removal of violating content
• Account suspension: Temporary or permanent suspension of your account
• Legal action: Referral to law enforcement or legal action
• Platform action: Reporting to social media platforms for violation of their policies

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide continuous service availability but do not guarantee:

• Uptime: 100% uptime or uninterrupted service
• Error-free operation: Error-free or bug-free operation
• Performance: Specific performance characteristics
• Compatibility: Compatibility with all devices or browsers

Downtime: Service may experience downtime for:

• Maintenance: Scheduled or emergency maintenance
• Updates: Updates to features or functionality
• Technical issues: Technical problems or failures
• Third-party services: Issues with third-party services we depend on

9.2 Service Modifications

We reserve the right to:

• Modify features: Add, modify, or remove features at any time
• Change pricing: Change pricing or fee structure (with notice)
• Discontinue features: Discontinue features or functionality
• Suspend service: Suspend or discontinue the service (with notice)
• Update terms: Update these Terms or our Privacy Policy

Notice: We will provide reasonable notice of material changes, except when immediate action is necessary for security or legal reasons.

9.3 Beta Features

We may offer beta or experimental features that:

• Not production-ready: May be incomplete, unstable, or contain bugs
• No guarantee: Are provided “as is” without guarantees
• Subject to change: May change or be discontinued at any time
• User feedback: May require user feedback for improvement

Beta disclaimers: Beta features are subject to additional disclaimers and may have limited support.

10. Fees and Payment

10.1 Free Service

ChannelFlare may offer a free tier with limited features. Free service is subject to:

• Feature limitations: Limited features or usage quotas
• Service modifications: Changes to free tier features at any time
• Discontinuation: Discontinuation of free tier (with notice)

10.2 Paid Plans (If Applicable)

If we offer paid plans:

• Pricing: Pricing is displayed at the time of purchase
• Billing cycle: Billing cycles (monthly, annual) are specified at purchase
• Payment: Payment is required in advance for each billing cycle
• Auto-renewal: Paid plans may auto-renew unless cancelled
• Price changes: We may change pricing with 30 days’ notice

10.3 Refunds

• Refund policy: Refund policy is specified at the time of purchase
• No refunds: We may not offer refunds for partial periods or used services
• Cancellation: You may cancel your subscription at any time
• Cancellation effect: Cancellation takes effect at the end of the current billing cycle

10.4 Taxes

You are responsible for any taxes, duties, or fees applicable to your use of ChannelFlare.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Account deletion: Deleting your account through account settings
• Service discontinuation: Stopping use of the service

Effect of termination:

• Content deletion: Your content will be deleted (unless shared with teams)
• Access termination: Your access to the service will be terminated
• Data retention: Some data may be retained as described in our Privacy Policy

11.2 Termination by Us

We may suspend or terminate your account if you:

• Violate Terms: Violate these Terms or our Privacy Policy
• Illegal activity: Engage in fraudulent, abusive, or illegal activity
• Service disruption: Use the service in a manner that disrupts or harms the service or other users
• Non-payment: Fail to pay any applicable fees (if applicable)
• Legal compliance: Comply with legal requirements or court orders

Notice: We will provide reasonable notice before termination unless immediate termination is necessary for security or legal reasons.

11.3 Effect of Termination

Upon termination:

• Access termination: Your access to the service will be terminated immediately
• Content deletion: Your content may be deleted (subject to data retention policies)
• Ongoing obligations: Some provisions of these Terms will survive termination
• No refunds: No refunds will be provided for unused portions of paid plans (if applicable)

11.4 Survival

The following provisions will survive termination:

• Intellectual property: Ownership and licensing provisions
• Indemnification: Indemnification obligations
• Limitation of liability: Limitations of liability
• Dispute resolution: Dispute resolution provisions
• General provisions: General provisions and definitions

12. Disclaimers and Warranties

12.1 Service “As Is”

ChannelFlare is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to:

• Merchantability: Warranties of merchantability or fitness for a particular purpose
• Non-infringement: Warranties of non-infringement of third-party rights
• Accuracy: Warranties regarding the accuracy, reliability, or completeness of the service
• Uninterrupted service: Warranties that the service will be uninterrupted or error-free

12.2 Third-Party Services

We are not responsible for:

• Platform services: The availability, functionality, or policies of social media platforms
• Platform changes: Changes to platform APIs or policies that affect functionality
• Platform errors: Errors or downtime on social media platforms
• Media sources: The availability or functionality of external media sources
• Third-party content: Content provided by third parties

12.3 Content Accuracy

We do not warrant:

• Content accuracy: The accuracy, completeness, or reliability of user-generated content
• Content legality: That user content complies with applicable laws or platform policies
• Content consequences: Any consequences of publishing content to social media platforms

12.4 Data Loss

We are not liable for:

• Data loss: Loss of data due to service issues, user error, or third-party actions
• Backup: Failure to maintain backups of your content
• Recovery: Inability to recover deleted content

Recommendation: You are responsible for maintaining backups of your content.

12.5 Platform Actions

We are not responsible if:

• Content rejection: Social media platforms reject your published content
• Account suspension: Your platform accounts are suspended or terminated
• Platform changes: Platforms change their APIs or policies in ways that affect functionality

13. Limitation of Liability

13.1 Limitation of Damages

To the maximum extent permitted by law, in no event will ChannelFlare, its affiliates, officers, directors, employees, agents, or licensors be liable for:

• Indirect damages: Any indirect, incidental, special, consequential, or punitive damages
• Lost profits: Loss of profits, revenue, data, or business opportunities
• Service interruption: Damages arising from service interruption or unavailability
• Third-party actions: Damages arising from actions of third parties (platforms, users, etc.)
• Content consequences: Damages arising from publishing or failure to publish content

13.2 Maximum Liability

To the maximum extent permitted by law, our total liability for any claims arising from or related to the service will not exceed:

• Free service: The amount you paid for the service in the 12 months preceding the claim, or $100, whichever is greater
• Paid service: The amount you paid for the service in the 12 months preceding the claim

13.3 Exclusions

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.

13.4 No Liability for Third Parties

We are not liable for:

• Platform actions: Actions or inactions of social media platforms
• Platform errors: Errors or downtime on social media platforms
• User actions: Actions or inactions of other users
• Third-party services: Issues with third-party services we depend on

14. Indemnification

14.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless ChannelFlare, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use: Your use of ChannelFlare
• Your content: Your content, including any claims that your content infringes on the rights of others
• Your violations: Your violation of these Terms or applicable laws
• Your account: Your account, including unauthorized access to your account
• Platform violations: Your violation of social media platform terms of service or policies

14.2 Defense

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at [support@ChannelFlare.com] to attempt to resolve the dispute informally.

15.2 Binding Arbitration (If Applicable)

If informal resolution is unsuccessful, disputes may be resolved through binding arbitration in accordance with the rules of [arbitration organization], except for:

• Small claims: Claims that qualify for small claims court
• Injunctive relief: Claims seeking injunctive or equitable relief
• Intellectual property: Claims related to intellectual property rights

Arbitration location: Arbitration will take place in [location], unless otherwise agreed.

Class action waiver: You waive any right to participate in class actions or consolidated proceedings.

15.3 Governing Law

These Terms are governed by the laws of [jurisdiction], without regard to conflict of law principles.

Venue: Any disputes not subject to arbitration will be resolved in the courts of [jurisdiction].

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChannelFlare regarding the use of the service.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

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

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without your consent.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or failures of third-party services.

16.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to [support@ChannelFlare.com] or our mailing address (if applicable).

16.7 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict, the English version will prevail.

16.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us:

Email: [support@ChannelFlare.com] (replace with your actual support email)
Privacy: [privacy@ChannelFlare.com] (replace with your actual privacy email)

Mailing Address (if applicable):
[Company Name]
[Address]
[City, State, ZIP]
[Country]

18. Additional Terms

18.1 Regional Variations

These Terms are designed to comply with laws in multiple jurisdictions. If you are located in a jurisdiction with specific requirements, additional terms may apply.

18.2 Platform-Specific Terms

When using platform integrations, you are also subject to the terms of service of the respective platforms. These Terms do not supersede or replace platform terms.

18.3 Updates

We may update these Terms from time to time. Material changes will be notified as described in Section 1.2.

Document Version: 1.0
Last Updated: January 2025
Effective Date: January 2025

These Terms of Service are effective as of the date stated above and apply to all users of ChannelFlare. By using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms.