Shareflute Terms of Use

Welcome to Shareflute! These Terms of Use are a legally binding contract between you and Shareflute ("Shareflute," "we," or "us") regarding your use of our website at https://www.shareflute.com/, and all related websites, applications, and services we provide (collectively, the “Service”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SHAREFLUTE’S PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”).

If you are not eligible or do not agree to these Terms, you do not have our permission to use the Service. Your use of the Service constitutes an agreement by you and Shareflute to be bound by these Terms.

The Service

1.1. Service Overview. The Service provides a social media management tool that enables users to schedule and publish posts on social platforms, in addition to design and analytics tools to help bolster users’ social media content.

1.2. Modification of the Service We reserve the right to modify or discontinue any portion of the Service at any time, temporarily or permanently, without notice. We will have no liability for any change to the Service or any suspension or termination of your access to it. Service fees are non-refundable. You should retain your own copies of any content you post to the Service ("User Content").

2. Eligibility

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not been previously suspended or removed from the Service; and (c) your use of the Service complies with all applicable laws. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Accounts and Registration

To use most features, you must register for an account. You agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. If you believe your account is no longer secure, notify us immediately.

4. Payment Terms

Certain features of the Service require payment of fees. All fees are in INR (Indian Rupees) and are non-refundable unless otherwise stated.

4.1. Price Pricing is available on our website. We reserve the right to change our prices. Any changes will not affect your current subscription period but may apply upon renewal.

4.2. Authorization You authorize Shareflute and our third-party payment processors to charge all fees for your selected Service plan, including applicable taxes, to your chosen payment method.

4.3. Subscription Service The Service is offered on a subscription basis with automatically recurring payments (“Subscription Service”). Your subscription begins on the date you sign up and will automatically renew for successive periods of the same duration unless you cancel. To avoid being charged for the next subscription period, you must cancel your subscription before the renewal date. You may cancel your Subscription Service through your account’s billing settings.

4.4. Delinquent Accounts We may suspend or terminate your access to the Service for any unpaid fees. If your payment method fails upon renewal, we reserve the right to delete your account and any associated User Content without liability.

5. License and Restrictions

5.1. Limited License Subject to your compliance with these Terms, Shareflute grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your personal or internal business purposes.

5.2. License Restrictions You may not: (a) reproduce, distribute, or create derivative works of the Service; (b) modify the Service; or (c) interfere with any security or access control features.

6. Ownership; Proprietary Rights

The Service, including its visual interfaces, graphics, code, and all other elements (“Materials”), is owned and operated by Shareflute and protected by intellectual property laws. You may not use the Materials except as expressly authorized by us.

7. Third-Party Services

7.1. Integrations and Links The Service may allow you to connect with third-party services (e.g., Facebook, Twitter, OpenAI). When you use these integrations, you authorize us to transfer information to and from these services. We are not responsible for how third-party services use your information. Their terms and privacy policies govern their services.

7.2. Terms for AI Features (Shareflute Creator) Our Service may include AI-powered features that interface with third-party services like OpenAI. Any output generated by these features ("AI Output") is considered your User Content. Your use of AI Output must comply with these Terms and any applicable third-party terms, including OpenAI’s Terms of Service and policies, which are incorporated herein by reference.You are responsible for reviewing all AI Output before publishing it. Shareflute is not responsible for any AI Output and disclaims all liability related to its use. You use these features at your own risk.

8. User Content

8.1. Your Content, Your Rights. You retain ownership of the copyright and other proprietary rights you hold in the User Content you post.

8.2. License Grant to Shareflute By posting User Content, you grant Shareflute a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, reproduce, modify (for formatting purposes), and distribute your User Content as necessary to provide and operate the Service.

8.3. User Content Representations You warrant that you own or have the necessary rights to your User Content and that its use does not infringe on any third-party rights or violate any laws. You are solely responsible for your User Content and the consequences of posting it.

8.4. Prohibited Content You may not post User Content that is illegal, defamatory, harassing, hateful, threatening, pornographic, or otherwise objectionable. This includes content that:

8.5. Content Disclaimer We are under no obligation to edit or control User Content but reserve the right to screen, remove, or block any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

9. Prohibited Conduct

By using the Service, you agree not to:

10. Intellectual Property Rights Policy

Shareflute respects intellectual property rights. We have adopted the following policy for copyright and other intellectual property complaints, which is based on internationally recognized procedures.

Notification of InfringementIf you believe your intellectual property right has been infringed on the Service, please send a written notification to our Designated Agent containing:

Designated Agent for IP Notifications:

ShareFlute

Support Team [support[@]shareflute.com]

11. Term and Termination

These Terms are effective until terminated. If you violate these Terms, your authorization to use the Service terminates automatically. We may suspend or terminate your account at any time, for any reason, with or without notice. You may terminate your account at any time by contacting us. Upon termination, your license rights will cease, and you must pay any outstanding fees

12. Indemnity

To the fullest extent permitted by law, you agree to defend and indemnify Shareflute and its affiliates, officers, and employees (the "Shareflute Entities") from any claim, liability, damage, or loss arising from your use of the Service or violation of these Terms.

13. Disclaimers; No Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SHAREFLUTE ENTITIES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so the disclaimers in this section may not apply to you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SHAREFLUTE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO SHAREFLUTE FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) INR 1000

15. Dispute Resolution and Governing Law

15.1. Governing Law These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to the arbitration clause below, you and Shareflute submit to the personal and exclusive jurisdiction of the courts located in [New Delhi], India for any lawsuit or court proceeding.

15.2. Arbitration You and Shareflute agree that any dispute arising in connection with these Terms shall be resolved by binding arbitration. The arbitration shall be conducted in English and administered in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be [New Delhi], India.The decision of the arbitrator shall be final and binding on both parties.

15.3. Exceptions. This arbitration clause does not prevent either party from seeking injunctive relief in a court of law or from filing suit to address an intellectual property infringement claim.

15.4. No Class Actions YOU AND SHAREFLUTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Miscellaneous

16.1. General Terms These Terms, including the Privacy Policy, constitute the entire agreement between you and Shareflute. You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

16.2. Electronic Communications By using the Service, you consent to receive electronic communications from us. You agree that any notices or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.

16.3. Contact Information The Service is offered by One Zone Solutions, located at country India. You may contact us by emailing support[@]shareflute.com.

16.4. International Use The Service is controlled from India. Access from territories where the Service is illegal is prohibited. If you access the Service from outside India, you are responsible for compliance with local laws.