Terms of Use
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Legal Entity: Flemoji (Pty) Ltd. (“Flemoji”, “we”, “our”, “us”)
Contact: tatenda@flemoji.com
Website: https://flemoji.com
1. Acceptance of These Terms
By creating an account, purchasing credits, or otherwise using Flemoji's website, mobile experiences, APIs, or any related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (incorporated here by reference). If you do not agree, do not access or use the Service.
2. Eligibility & Accounts
You must be at least 13 years old (or the minimum age of digital consent in your country) to create an account. Users under 18 represent that they have parental or guardian approval.
You agree to provide accurate, current information and to keep it updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
3. The Flemoji Service
AI Artwork Generator
Flemoji allows you to generate album art, promotional assets, and related creative content using proprietary prompts and third-party AI models (e.g., OpenAI, Anthropic).
Freemium / Paid Plans
We may offer free trials, subscription tiers, or one-off credit bundles. Plan details, limits, and pricing are disclosed at checkout.
License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your own lawful, commercial or non-commercial purposes.
4. User-Generated & AI-Generated Content
Ownership
You retain all rights in content you upload (e.g., logos, photos, text).
License to Flemoji
By uploading or creating content through the Service, you grant us a worldwide, royalty-free license to host, display, and process that content solely to operate and improve the Service.
Third-Party Model Policies
AI assets are additionally subject to OpenAI and Anthropic usage terms. You are responsible for ensuring compliance with those terms when distributing or commercializing generated images.
Prohibited Content
You may not upload or request generation of content that is unlawful, hateful, explicit, harassing, or infringes any third-party rights.
5. Payments, Credits & Refunds
- Payments are processed securely via Stripe. We do not store full card numbers.
- Subscription renewals (if applicable) bill automatically until you cancel.
- Refund Policy – Except where required by law, all purchases are final and non-refundable. If technical issues prevent delivery of credits or artwork, contact support within 14 days.
- Prices are inclusive/exclusive of applicable taxes as indicated at checkout.
6. Acceptable Use & Prohibited Activities
You agree not to:
- Reverse-engineer, scrape, or bypass access controls.
- Use bots or automated scripts to exceed plan limits.
- Misrepresent artwork as created entirely by a human when required disclosures apply under local regulations.
- Violate any applicable intellectual-property or privacy laws.
We reserve the right to suspend or terminate accounts for violations.
7. Third-Party Services
The Service integrates with Stripe, Google Analytics, OpenAI, Anthropic, Supabase, and MongoDB Atlas. Your use of those services is subject to their respective terms. We are not responsible for third-party faults or outages.
8. Intellectual Property
All Flemoji trademarks, logos, source code, and UI/UX elements are owned by Flemoji or its licensors. Except for the limited license in Section 3, no rights are granted.
9. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind.
We do not guarantee uninterrupted or error-free operation or that generated artwork will meet your expectations or be legally unchallengeable.
Some jurisdictions do not allow certain warranty limitations; those limitations will apply to the maximum extent permitted by law.
10. Limitation of Liability
To the fullest extent permitted by law, Flemoji shall not be liable for any indirect, incidental, special, consequential, or punitive damages or any loss of profits, revenues, data, or goodwill, arising from your use of (or inability to use) the Service—even if we have been advised of the possibility of such damages. In no event will our total liability exceed the greater of (a) the amounts you paid Flemoji in the past 12 months, or (b) USD 100.
11. Indemnification
You agree to indemnify and hold Flemoji, its officers, directors, employees, and partners harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your content, or your misuse of the Service.
12. Termination
We may suspend or terminate your account at any time for violation of these Terms or if required by law. Upon termination, your right to use the Service will immediately cease. Sections 8-12 will survive termination.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of South Africa, without regard to conflict-of-law provisions. You agree that any dispute arising under these Terms will be submitted to the exclusive jurisdiction of the courts of South Africa. If you prefer arbitration or need a different jurisdiction, please inform us so we can adjust this clause.
14. Changes to These Terms
We may update these Terms periodically. Material changes will be posted on the site and, where feasible, notified by email. Continued use after changes take effect constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms? Email tatenda@flemoji.com or visit our Privacy Policy for more details on how we handle personal data.
By using Flemoji, you acknowledge that you have read and agree to these Terms of Use and our Privacy Policy.