Terms and Conditions

1. Agreement to Terms

Welcome to FLOW, a content strategy operating system provided by Tran Resources, LLC ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of FLOW, available at aperkai.com (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

3. Account Registration

3.1 Account Creation

To use certain features of FLOW, you must register for an account. You may register using:

• Email and password
• Google authentication
• LinkedIn authentication
• SMS verification (via Twilio)

3.2 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring your account information is accurate and current
• Notifying us immediately of any unauthorized use of your account

3.3 Age Requirements

While we do not specifically target users under 18, we do not implement age verification. By creating an account, you represent that you have the legal capacity to enter into this agreement.

4. Subscriptions and Billing

4.1 Subscription Tiers

FLOW offers multiple subscription tiers (Free, Starter, and Pro). Current pricing and features for each tier are available at aperkai.com/pricing. We reserve the right to modify pricing and features at any time.

4.2 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable subscription fees to your payment method.

4.3 Billing Cycle

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan). Billing occurs on the same day each period as your initial subscription date.

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current subscription fee for your tier.

4.5 Price Changes

We may change subscription prices at any time. If we increase your subscription price, we will notify you at least 30 days before the change takes effect. Your continued use of the Service after the price increase constitutes acceptance of the new price.

4.6 No Refunds

All subscription fees are non-refundable. No refunds or credits will be provided for partial subscription periods or unused features.

4.7 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of the billing period you have paid for.

4.8 Downgrading to Free

You may downgrade from a paid subscription to the Free tier at any time. Upon downgrade, you will retain access to your data but will lose access to premium features according to the Free tier limitations.

5. User Content and Intellectual Property

5.1 Your Content Ownership

You retain all ownership rights to content you create, upload, or generate using FLOW ("User Content"). By using the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, and display your User Content solely for the purpose of providing and improving the Service.

5.2 Our Intellectual Property

The Service, including all software, design, text, graphics, logos, and other content (excluding User Content), is owned by Tran Resources, LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our express written permission.

5.3 Data Usage for Service Improvement

You acknowledge and agree that we may:

• Use anonymized and aggregated data derived from your use of the Service to improve FLOW's functionality and features
• Train artificial intelligence models on User Content to enhance AI-powered features and suggestions within the Service

We will not share your identifiable User Content with third parties except as described in our Privacy Policy or with your explicit consent.

6. AI-Generated Content

6.1 Nature of AI Features

FLOW utilizes artificial intelligence technology, including Claude API by Anthropic, to provide content suggestions, strategy recommendations, and other intelligent features.

6.2 AI Content Disclaimer

IMPORTANT: AI-generated content is provided as suggestions and recommendations only. We make no warranties, express or implied, regarding the accuracy, completeness, quality, or suitability of any AI-generated content for your specific purposes.

6.3 User Responsibility

You acknowledge and agree that:

• You are solely responsible for reviewing, editing, and approving all content before publication
• AI-generated suggestions may contain errors, inaccuracies, or inappropriate content
• You assume all risk associated with using AI-generated content
• We are not liable for any consequences resulting from your use of AI-generated content, including but not limited to professional reputation, business relationships, or platform policy violations

6.4 Third-Party Platform Compliance

When publishing content to third-party platforms (such as LinkedIn, Twitter, Instagram, etc.), you are solely responsible for ensuring your content complies with those platforms' terms of service, community guidelines, and acceptable use policies.

7. Third-Party Services and Integrations

7.1 Third-Party Connections

FLOW integrates with various third-party services, including but not limited to:

• Google (authentication and potential data access)
• LinkedIn (authentication and content publishing)
• Twilio (SMS verification)
• Kit/ConvertKit (email communications)
• Future social media platforms and APIs (as we expand integrations)

7.2 Authorization and Consent

When you connect third-party services to FLOW, you explicitly authorize us to access and use data from those services as necessary to provide FLOW's features. These connections are optional and made at your discretion.

7.3 Third-Party Terms

Your use of third-party services through FLOW is subject to those services' respective terms and conditions and privacy policies. We are not responsible for the practices or policies of third-party services.

7.4 LinkedIn Integration

Currently, FLOW allows you to copy and paste content into LinkedIn's "start a post" feature. In the near future, we will offer direct publishing to LinkedIn draft mode. You acknowledge that:

• LinkedIn content publishing is subject to LinkedIn's terms of service
• We are not responsible for LinkedIn's handling of your content
• LinkedIn may change their API or policies at any time, which may affect FLOW's integration

7.5 Email Service Provider

By creating a FLOW account, you acknowledge that your email address will be shared with Kit (ConvertKit) for the purpose of sending you account-related communications, product updates, and marketing messages as described in Section 8.

8. Communications and Marketing

8.1 Required Communications

By creating an account and using FLOW, you agree to receive communications from us, including:

• Account-related notifications (e.g., password resets, subscription confirmations)
• Product updates and new feature announcements
• Service interruptions or maintenance notices
• Changes to these Terms or our Privacy Policy

8.2 Marketing Communications

You also agree to receive marketing communications, including:

• Educational content about content strategy and FLOW features
• Promotional offers and subscription updates
• Tips, best practices, and case studies
• Surveys and feedback requests

8.3 Communication Preferences

If you wish to change your communication preferences or unsubscribe from marketing emails, you may:

• Use the unsubscribe link included in our emails
• Contact our support team via the contact form in the footer of aperkai.com
• Adjust your preferences in your account settings (when available)

Please note that even if you opt out of marketing communications, you will continue to receive essential account-related communications.

8.4 Communication Methods

We may communicate with you via:

• Email (to the email address associated with your account)
• In-app notifications within FLOW
• SMS messages (if you opt in to SMS notifications)

9. Data Retention and Export

9.1 Active Subscription Data

While you maintain an active subscription (including the Free tier), all your data remains accessible within FLOW.

9.2 Data Export

You may export your data at any time while you have an active subscription. Export functionality is available through your account settings.

9.3 Post-Cancellation Data Retention

If you cancel your paid subscription:

• Downgrade to Free: If you downgrade to the Free tier, your data remains accessible according to Free tier limitations
• Complete Account Closure: If you close your account entirely, we will retain your data for 30 days to allow for potential account reactivation. After 30 days, your data will be permanently deleted from our systems (except as required by law or for legitimate business purposes such as fraud prevention)

9.4 Account Reactivation

During the 30-day retention period after account closure, you may contact support to reactivate your account and restore your data.

10. Acceptable Use

10.1 Prohibited Conduct

You agree not to use FLOW to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit viruses, malware, or other malicious code
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other users' accounts
• Use the Service to harass, abuse, threaten, or intimidate others
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Engage in any activity that could damage, disable, or impair the Service
• Use the Service for any illegal or unauthorized purpose
• Scrape, spider, or harvest data from the Service using automated means
• Create multiple accounts to circumvent limitations or restrictions
• Resell, sublicense, or redistribute the Service without our permission

10.2 Content Restrictions

You agree not to create, upload, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Violates intellectual property rights, privacy rights, or other proprietary rights
• Contains false, misleading, or fraudulent information
• Promotes violence, discrimination, or hatred against individuals or groups
• Contains spam, chain letters, or pyramid schemes
• Exploits or harms minors in any way

10.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

11. Service Availability and Support

11.1 Service Availability

We strive to provide reliable and uninterrupted access to FLOW. However, we do not guarantee that the Service will be available at all times or free from errors, viruses, or other harmful components.

11.2 Maintenance and Updates

We may perform scheduled or emergency maintenance that temporarily interrupts access to the Service. We will make reasonable efforts to notify you in advance of scheduled maintenance.

11.3 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.4 Support

Support is available through the contact form in the footer of aperkai.com. Response times may vary depending on your subscription tier and the nature of your inquiry.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED 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 FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAN RESOURCES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

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

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

14. Governing Law and Dispute Resolution

14.1 Governing Law

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

14.2 Venue

Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in California, and you consent to the personal jurisdiction of such courts.

14.3 Dispute Resolution

Before initiating any formal legal proceedings, you agree to first contact us to attempt to resolve the dispute informally. You may contact us through the support form on aperkai.com.

15. Termination

15.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting support.

15.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, including if:

• You violate these Terms
• Your use of the Service poses a security risk or may adversely affect our systems or other users
• You engage in fraudulent or illegal activities
• Your account remains inactive for an extended period

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and User Content after the retention period described in Section 9
• You remain liable for all charges incurred prior to termination
• Sections that by their nature should survive termination will survive, including but not limited to Sections 5 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 14 (Governing Law)

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tran Resources, LLC regarding your use of the Service and supersede all prior agreements and understandings.

16.2 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

16.3 Severability

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

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.6 Notices

All notices to you will be sent to the email address associated with your account. Notices to us should be sent via the contact form at aperkai.com.