Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fluxspark Inc., a Delaware corporation ("Fluxspark," "we," "our," or "us"), governing your access to and use of the website www.2mv.ai and the product 2mv (collectively, the "Service"). By creating an account, accessing the Service, or making a purchase, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By accessing the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a company or other legal entity, you further represent that you have the authority to bind that entity to these Terms.

2. Account Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your account credentials and not share them with third parties.
• Notify us immediately at hi@2mv.ai if you suspect unauthorized access to your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

3. Description of Service

2mv is an AI-powered content creation platform focused on organic social media content for platforms including TikTok, Instagram Reels, and YouTube Shorts. The Service provides tools for content research, ideation, planning, and production. The Service operates under two primary models:

• Subscription: access to self-serve tools on a recurring billing basis.
• Project-Based: custom content production services delivered by Fluxspark operators, billed on a project basis. All project-based engagements are governed by the terms of a separate written agreement or statement of work executed between the parties, which shall take precedence over these Terms in the event of any conflict.

Specific features available under each plan are described on our website and may change over time.

4. Operator Access Authorization

In connection with certain service tiers and project-based engagements, you may authorize Fluxspark operators or team members to access the Service on your behalf, including operating tools, generating content, and reviewing outputs within your account environment.

By granting such access, you acknowledge and agree that:

• You are authorizing Fluxspark personnel to act as your agent for the specific purposes described in your service agreement.
• You retain full responsibility for reviewing and approving any content before publication. Fluxspark operators will not publish content to your social media accounts without your prior approval, unless you have explicitly granted such permission in a separate written agreement.
• Fluxspark will maintain reasonable records of operator actions taken within the Service on your behalf.
• You may revoke operator access at any time by contacting us at hi@2mv.ai.

5. Payment and Billing

a) Subscription Fees

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. Subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date through your account billing settings. Upon cancellation, you will retain access to the Service until the end of your current billing period, after which your account will be downgraded or deactivated.

b) Project-Based Fees

Project-based services are billed by invoice in accordance with the applicable written agreement. Wire transfers and other payment methods may be accepted as agreed between the parties.

c) Refunds

Subscription fees are non-refundable except where required by applicable law. For project-based services, refund terms are governed by the applicable project agreement. If you believe you have been charged in error, contact us at hi@2mv.ai within 30 days of the charge.

d) Taxes

You are responsible for all applicable taxes, levies, and duties imposed by any governmental authority in connection with your use of the Service.

6. Intellectual Property and Content Ownership

a) Your Content

You retain all intellectual property rights in content you upload or submit to the Service ("Input Content"). You also retain ownership of AI-generated outputs produced by the Service on your behalf ("Output Content"), subject to the license in Section 6(b).

b) License to Fluxspark

By using the Service, you grant Fluxspark Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, and process your Input Content and Output Content solely for the following purposes:

• Operating, maintaining, and improving the Service.
• Analyzing the public performance data of content published by you on third-party social media platforms (such as views, engagement rates, and reach) to measure outcomes and improve our systems. We access only publicly available data on those platforms.
• Displaying anonymized or de-identified Output Content in our marketing materials, website, or promotional content. Where content is reasonably identifiable as yours, we will seek your express consent prior to such use. You may opt out of marketing display use at any time by contacting us at hi@2mv.ai.

This license does not grant Fluxspark the right to sell your content to third parties.

c) Fluxspark IP

All rights, title, and interest in the Service, including software, AI models, algorithms, designs, trademarks, and proprietary methodologies, remain exclusively with Fluxspark Inc. Nothing in these Terms transfers any Fluxspark intellectual property to you.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Generate or distribute content that is defamatory, obscene, harassing, or promotes violence or hatred.
• Infringe the intellectual property rights of any third party.
• Violate the terms of service of any social media platform to which you publish content.
• Reverse engineer, decompile, or attempt to extract the source code of the Service or our AI models.
• Use automated means to access the Service in a manner that exceeds normal use or circumvents access controls.
• Misrepresent your identity or affiliation.

We reserve the right to suspend or terminate access to the Service for any violation of this Section, with or without notice.

8. User Responsibility for Published Content

The Service is a tool for content creation. You are solely responsible for reviewing, approving, and deciding whether to publish any content generated through the Service. Fluxspark is not responsible for:

• The accuracy, appropriateness, or legality of any content you choose to publish.
• Any violations of social media platform policies resulting from content you publish.
• Any third-party claims arising from your published content, including claims of defamation, copyright infringement, or false advertising.
• Any consequences to your social media accounts, including restrictions, suspensions, or removal.

By publishing content generated through the Service, you assume full legal responsibility for that content and its effects.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE, INCLUDING FOLLOWER GROWTH, ENGAGEMENT, OR REVENUE OUTCOMES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUXSPARK INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO FLUXSPARK IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

11. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. THEREAFTER, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise, to the maximum extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fluxspark Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) content you publish using the Service; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

13. Third-Party Platforms

The Service may facilitate content creation for third-party social media platforms (TikTok, Instagram, YouTube, and others). These platforms have their own terms of service and community guidelines. You are responsible for ensuring that your use of the Service and any content you publish complies with the applicable terms and policies of those platforms. Fluxspark is not affiliated with or endorsed by any such platforms.

14. Modifications to the Service or Terms

We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice. We may also update these Terms from time to time. When we make material changes, we will notify you by: (a) posting the updated Terms on our website at www.2mv.ai and updating the Effective Date; and (b) displaying a prominent notice within the Service platform. Your continued use of the Service after such notification constitutes your acceptance of the updated Terms.

15. Termination

You may terminate your account at any time by contacting us or through account settings. Upon cancellation of a subscription, you will retain access to the Service until the end of your current billing period, after which your account will be downgraded or deactivated. We may suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the Service.

Upon termination, your right to use the Service ceases. Sections 6, 8, 9, 10, 11, 12, and 16 of these Terms shall survive termination.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration conducted in Wilmington, Delaware. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction in Delaware.

YOU AND FLUXSPARK 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 ACTION.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable written project agreement, constitute the entire agreement between you and Fluxspark with respect to the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to do so in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.

18. Contact Us

Email: hi@2mv.ai

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