Terms of Use

Last Updated: November 13th, 2025

These Terms of Use (the “Terms”) form a binding agreement between Flocksy LLC (“Flocksy,” “we,” “us,” or “our”) and you (“Client,” “you,” or “your”). By using Flocksy’s website, platform, or services (collectively, the “Services”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Definitions

1.1 “Deliverables.” Final creative materials produced and delivered through the Flocksy platform.

1.2 “Flocksy Pre-Existing Materials.” All materials, frameworks, software, systems, processes, design libraries, code, and other intellectual property developed by Flocksy prior to or independently of your Projects.

1.3 “Licensed Content.” Third-party content (e.g., stock images, fonts, icons) used within Deliverables and subject to external license terms.

The Services

Flocksy provides subscription-based creative services (design, copywriting, video, and related content). Projects are completed based on your priorities and plan limits. Delivery times are estimates only and vary by scope, revisions, and queue volume. Your use of any of the Services is at your own risk and Flocksy is not liable for delays or any resulting damages including, without limitation, loss of revenue, business opportunities, goodwill, or profits arising out of the Services.

Banked / Rollover Hours.

If your plan includes rollover, unused hours (“Banked Hours”) roll over for 30 days; on the 31st day, the oldest hours expire as new ones accrue.

Banked Hours have no cash value, are non-transferable, and are capped per day at your plan’s daily hour limit.

The manner in which hours are allocated across projects, categories, or team members is determined solely by Flocksy based on availability, workload, and internal prioritization.

Banked Hours are forfeited immediately upon account cancellation, suspension, downgrade to a plan without rollover, or lapse in payment.

Work is performed on weekdays only (EST); weekends and U.S. holidays are excluded.

Turnaround times and project deadlines are not guaranteed and depend on project complexity and overall queue volume.

Output Capacity.

The creative speed and volume of work your account receives depend on (a) the type of plan you select, (b) the volume of requests from all users, and (c) the complexity of those requests. While we accept unlimited requests and revisions, output capacity is measured by your subscribed plan’s daily allocation. We will always do our best to accommodate priority projects, but we strongly advise not using the Services for time-sensitive campaigns or deliverables. You may increase daily capacity by upgrading your plan or adding additional subscriptions.

Review Window & Corrections.

You should review each finalized Deliverable promptly upon receipt. If you believe there is an error or issue, please notify Flocksy within seven (7) days of delivery. We will make reasonable corrections reported during that period and may prioritize them as rush edits when possible. Requests submitted after seven (7) days may be handled at our discretion.

Termination by Flocksy

Flocksy may suspend or terminate your access to the Services at any time, with or without notice, if (a) you fail to pay any amount when due, (b) you breach these Terms, (c) your account is used in a manner that may cause harm to Flocksy or others, or (d) required by law or governmental order. Upon termination, all outstanding amounts become immediately due and payable, and any rights to use the Services or access Flocksy’s platform cease. Ownership of Deliverables already completed and fully paid for remains with you, subject to Sections 4 and 5.

Accounts & Platform Use

You must create an account and provide accurate billing and contact information in order to receive service. By registering for an account, you agree to provide accurate, current, and complete account information, and to maintain and promptly update your account information as necessary. You accept all risks of unauthorized access to your account and the information you provide. You are responsible for maintaining the confidentiality of credentials and all activity under your account. Authorized members of your organization may access the account, but you remain responsible for all activity. Do not share access outside your organization without our consent. You agree to immediately notify us if you discover or otherwise suspect any breaches of security related to your account, including unauthorized use of your log-in credentials.

License to Use Platform.

Subject to your continued compliance with these Terms and timely payment of all fees, Flocksy grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes only.

You may not (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover source code or underlying algorithms; (b) modify, translate, or create derivative works of the Services; (c) access or use the Services to monitor performance for competitive purposes; (d) remove or obscure any trademark symbols, copyright notices, or other intellectual property rights notices in the Services or Licensed Content; (e) interfere with or compromise the system integrity or security of the Services; (f) take any action that imposes, or may impose, as determined in Flocksy’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (g) upload invalid data, viruses, worms, or other software agents or malware to or through the Services; or (d) use the Services in violation of law or these Terms.

Feedback.

You grant Flocksy a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable, fully-paid, royalty-free right and license to use, reproduce, modify, display, and commercially exploit as Flocksy may determine in our sole discretion (including developing, licensing, marketing, and selling, products and services) any feedback, suggestions, or recommendations you provide concerning the Service, without obligation to compensate you.

Privacy Policy.

Please review Flocksy Privacy Policy (the “Privacy Policy”) which is incorporated herein by reference and which explains how we use information that you submit to Flocksy.

Billing, Renewal, Refunds & Credits

Billing & Renewal.

Plans are billed in advance and renew automatically unless canceled before the next cycle.

Pricing appears on our website.

Cancellations must be made through the Flocksy portal at least two (2) business days before renewal to avoid being charged.

Taxes.

All transactions are subject to applicable sales tax, VAT, GST, or similar levies where required by law. You are responsible for taxes not collected by Flocksy.

Money-Back Guarantee.

New users may request a refund (minus processing fees) by emailing support@flocksy.com within 14 days of initial subscription payment date. If a refund is issued, all rights to any Deliverables created during the refunded period revert to Flocksy, and you must immediately cease use and delete all copies. Refunds are at Flocksy’s discretion. Except for the foregoing, you acknowledge that all fees are non-cancellable and non-refundable.

Payment Reversals (Chargebacks).

If any payment is reversed or charged back, Flocksy may immediately suspend your account and revoke ownership of any Deliverables created, delivered, or in progress during the billing period (“Affected Deliverables”). You must cease use and delete all Affected Deliverables until full payment (including chargeback fees and administrative costs) is received.

Deliverables produced under previous, fully paid billing periods remain your property. Repeated or fraudulent reversals may result in permanent account cancellation and legal action.

Overdue Balances.

Overdue balances may accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower.

Erroneous Charges.

Duplicate or erroneous charges will be investigated and, if confirmed, refunded or credited.

Credits.

At our sole discretion, remaining value may be credited toward an upgrade of greater value. Credits have no cash value and cannot be refunded. Promotional or goodwill credits expire one (1) year after issuance.

Ownership & Intellectual Property

Ownership of Deliverables.

You own all rights, title, and interest in the Deliverables that are completed and delivered while your account is paid and in good standing. This ownership is permanent and not affected if you later cancel your subscription.

This ownership does not include any stock images, fonts, or other licensed materials (including Licensed Content) that remain subject to their original license terms, or Flocksy’s pre-existing tools and processes used to create the work.

For clarity, “good standing” means no overdue amounts, no active chargeback or payment reversal, and no suspension for Terms violations. Ownership is subject to §4.3 (money-back guarantee) and §4.4 (payment reversals).

Flocksy Pre-Existing Materials.

Other than rights expressly granted to you herein, Flocksy retains all of its right, title and interest in and to the Services, all Pre-Existing Materials, frameworks, systems, design libraries, software code, and workflows developed before or independently of your Projects, including all intellectual property rights therein. Use of any Services for any purpose not expressly permitted herein is strictly prohibited.

Licensed Content (Stock Images, Fonts, and Other Assets).

Certain Deliverables may include Licensed Content such as stock photos, illustrations, videos, icons, or fonts. Licensed Content remains subject to the applicable third-party license terms and conditions. You may use Licensed Content only as it appears integrated within the final Deliverable provided by Flocksy, and you may not:

• use, extract, or display any Licensed Content on a stand-alone basis;
• modify, crop, recolor, or reuse any Licensed Content in new or derivative works separate from the original Deliverable;
• sublicense, resell, distribute, or otherwise make Licensed Content available for separate download or use by others; or
• use Licensed Content in a defamatory, pornographic, deceptive, or otherwise unlawful manner.

Trademark & IP Disclaimer.

Flocksy does not guarantee that Deliverables or Licensed Content are free from third-party claims. You are responsible for verifying trademark or copyright clearance for your intended use.

AI-Assisted Content.

Deliverables may include AI-assisted content subject to third-party terms (e.g., OpenAI). Flocksy makes no warranties regarding such material; use is at your own risk. AI-assisted outputs are provided “as-is.” Flocksy disclaims all warranties of originality, accuracy, reliability, authorship, or non-infringement and shall not be liable for any errors, omissions, or actions taken based on the AI Outputs.

Portfolio and Marketing Use of Deliverables.

Unless you have opted out in writing to support@flocksy.com or if a nondisclosure agreement (NDA) has been signed by both parties, you grant Flocksy a limited, non-exclusive, worldwide, royalty-free license to display, reproduce, and publicly display and distribute the final Deliverables solely for showcasing Flocksy’s creative work in its portfolio, website, case studies, social media, and other marketing materials.

Confidentiality & Data Protection

Each party may obtain non-public, proprietary, or sensitive information, whether disclosed orally, in writing, electronically, or by any other means, by one party to the other party in connection with the Services, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be understood to be confidential (“Confidential Information”). Each party agrees not to (a) use any of the other party’s Confidential Information, except to the extent expressly permitted in these Terms, or (b) disclose any such Confidential Information to any third party, except in connection with the performance of the Services and to its employees, agents, advisors and contractors, on a need-to-know basis and subject in each case to a written agreement to treat the Confidential Information under terms at least as restrictive as those herein. Each party agrees to take the necessary precautions to maintain the confidentiality of the other party’s Confidential Information by using at least the same degree of care as it employs with respect to its own confidential information of a similar nature, but in no case less than reasonable care. Notwithstanding the foregoing, a party may disclose of Confidential Information pursuant to a court or government agency, provided advance notice is given to the disclosing party (unless such notice is legally prohibited).

Security Incidents & Notification.

In the unlikely event of a data-security incident affecting your information, Flocksy will investigate promptly and notify you per applicable law and our Privacy Policy. Notice may include email or in-platform communication. Our total liability for any data-security incident—including costs of notification, remediation, or mitigation—is limited to the amount stated in Section 12.

User Content & Uploads

You represent and warrant that you own or have rights to content you upload (“User Content”) and that it does not (a) infringe third-party rights, (b) violate law, or (c) contain defamatory or hateful material. You grant Flocksy a non-exclusive, worldwide, royalty-free license to host and use User Content solely to provide the Services.

Monitoring & Enforcement

We may, in our sole discretion, remove User Content, suspend accounts, or cooperate with law enforcement. We do not pre-screen content and disclaim liability for it.

Appropriate Use & Non-Discrimination

You may not use the Services to create unlawful, misleading, hateful, or discriminatory content. You may not request or produce content that promotes discrimination, harassment, or violence based on any protected characteristic.

Flocksy reserves the right to refuse or remove content violating this policy and may suspend or cancel accounts used for such purposes.

Indemnification

You agree to defend, indemnify and hold harmless Flocksy and its personnel from any claims, damages, liabilities, judgments, losses, and expenses (including reasonable attorneys’ fees, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance) of every kind and nature arising from (a) your breach of these Terms, (b) your use of the Services, or (c) User Content.

Disclaimer of Warranties

Your use of any of the Sites is at your own risk. Deliverables have not been verified or authenticated in whole or in part by Flocksy, and they may include inaccuracies or typographical or other errors. Flocksy does not warrant the accuracy of timeliness of the Deliverables. Flocksy has no liability for any errors or omissions in the Deliverables, whether provided by Flocksy, our licensors or suppliers.

ALL SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CREATIVE WORK IS SUBJECTIVE, AND FLOCKSY MAKES NO GUARANTEE THAT DELIVERABLES WILL ACHIEVE ANY PARTICULAR RESULTS OR PERFORMANCE GOALS.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOCKSY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOCKSY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS IS LIMITED TO $100 USD.

FLOCKSY WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE HOWEVER ARISING, EVEN IF FLOCKSY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

DMCA Safe Harbor (Copyright Policy)

Flocksy respects intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Flocksy will timely respond to claims of copyright infringement committed using the Services if such claims are reported to Flocksy’s designated Copyright Agent as described below.

Designated Agent.

In accordance with the DMCA, Flocksy LLC has designated the following agent to receive notifications of claimed infringement:

Copyright Agent
Flocksy LLC
PO Box 1691
Pawcatuck, CT 06379
United States
Email: support@flocksy.com
(Subject line: “DMCA Notice”)

Takedown & Counter-Notice.

DMCA takedown notices must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled within the Services, and information reasonably sufficient to permit Flocksy to locate the material.
• Information reasonably sufficient to permit Flocksy to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a proper DMCA notice, Flocksy will take appropriate actions, including removing or disabling access to the allegedly infringing material and, when appropriate, terminating repeat infringers’ accounts.

Repeat Infringer Policy.

Flocksy reserves the right, in its sole discretion, to terminate the account or access of any user who is the subject or repeated DMCA or other infringement notifications..

Cancellation & Post-Cancellation

To avoid being charged for the next billing cycle, you must submit your cancellation at least two (2) business days before your renewal date, as stated in §4.1. If you timely provide notice of cancellation before the next renewal, you can continue using your account and accessing your Deliverables until the end of the current paid billing term. When your subscription expires, you will no longer have access to the Services, and all project files and your account may be deleted without further notice to you. You are solely responsible for extracting all Deliverables from your account before the expiration of your subscription. Outstanding amounts become immediately due, and any remaining Banked Hours are forfeited. We do not provide refunds or credits for partial months of service, downgrades, or unused time.

Dispute Resolution & Governing Law

Governing Law.

These Terms are governed by the laws of the State of Connecticut, United States, without regard to conflict-of-law rules.

Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FLOCKSY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Except as provided below, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in New London, Connecticut, under its Commercial Arbitration Rules. All aspects of the arbitration, including any award, shall be kept strictly confidential. The place of mediation or arbitration shall be the AAA office nearest to Flocksy’s principal place of business in Connecticut. The language of the mediation or arbitration shall be English. All Disputes shall be arbitrated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. The foregoing provisions shall not limit the right of Flocksy to collect payments due or payable, or obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding. The parties shall bear their own expenses, except that parties shall equally share the expenses of any arbitrator. The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

Court Fallback.

If arbitration is unenforceable, both parties consent to exclusive jurisdiction in New London County, Connecticut courts.

Miscellaneous

Force Majeure.

Flocksy will not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, public-health emergencies, war, terrorism, civil unrest, labor disputes, governmental actions, power or internet outages, or failures of third-party service providers.

Severability.

If any part of these Terms is unenforceable, the remainder remains effective.

Entire Agreement.

These Terms and Flocksy’s Privacy Policy constitute the entire agreement between you and Flocksy.

Updates.

Flocksy may make changes to the of these Terms, from time to time, and will post updated within the Service. Your continued use of the Services after Flocksy has updated the Terms indicates your acceptance to all the updated Terms.

Statute of Limitations.

Any claim must be brought within one (1) year after it accrues or is permanently barred.

Contact.

If you have any questions about these Terms or otherwise need to contact Flocksy for any reason, you can reach us at: support@flocksy.com | PO Box 1691, Pawcatuck, CT 06379