Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") are a binding contract between you and SetFlow (operated by its founders in Texas, United States — "SetFlow," "we," "us," or "our"). They govern your access to and use of the SetFlow website, applications, APIs, AI features, and related services (collectively, the "Service").

By creating an account, signing in, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of a school, district, company, or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, do not use the Service.

If you use the Service on behalf of an Educational Institution, your use is also governed by any data-processing agreement, addendum, or order form executed between SetFlow and that institution.

2. Eligibility and Age

To create an account on your own behalf, you must be at least 13 years old (or the higher minimum age required by the laws of your jurisdiction). Users under 13 may only access the Service through an Educational Institution that has obtained any verifiable parental consent required under the Children’s Online Privacy Protection Act ("COPPA") or other applicable law.

If you are between 13 and the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You may not use the Service if you are barred from doing so under any applicable law, or if you are listed on a sanctions list maintained by the U.S. government or any other applicable authority.

3. Your Account

You are responsible for the information you provide when creating an account, for keeping that information accurate, and for all activity that occurs under your account. Keep your credentials confidential, enable two-factor authentication where available, and notify us promptly at the contact address below if you suspect unauthorized access.

We may refuse, suspend, or close any account at our discretion if we reasonably believe an account has been used unlawfully, abusively, or in violation of these Terms.

4. Subscriptions, Billing, and Plan Changes

SetFlow may offer free and paid tiers. Pricing, included features, and limits are described on the Service or in an order form. We may update pricing prospectively. If a price change applies to a paid plan you already have, we will give you reasonable advance notice and an opportunity to cancel before the change takes effect on your next billing cycle.

If a paid plan is purchased, you authorize us and our payment processor (such as Stripe) to charge the payment method on file for all applicable fees and taxes. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. Except where required by law, fees are non-refundable.

If a payment fails or is reversed, we may suspend or downgrade access until the balance is resolved. You are responsible for any taxes (other than taxes on our net income) associated with your subscription.

5. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, educational, or internal business purposes. Except as expressly granted, no rights are transferred to you.

6. Acceptable Use

You agree not to do any of the following, and not to permit anyone else to do them through your account:

• Break the law or violate rights. Use the Service to violate any applicable law or regulation; infringe intellectual-property, privacy, publicity, or other rights of any person or entity; or facilitate harm to others.

• Abuse, harass, or endanger others. Bully, harass, threaten, defame, or otherwise harm any person; share content depicting child sexual abuse, sexual exploitation, or non-consensual intimate imagery; or post content that promotes self-harm, terrorism, or violent extremism.

• Compromise security. Probe, scan, or test the vulnerability of any system or network without express written permission; bypass or attempt to bypass authentication, access controls, rate limits, or security features; introduce malware, ransomware, or other malicious code; or interfere with the integrity of the Service.

• Misuse AI features. Use Tori or any AI feature to generate content that is illegal, defamatory, sexually exploitative of minors, designed to harass a real person, or that promotes self-harm; attempt to extract model weights, system prompts, or proprietary instructions; or use AI output as the sole basis for medical, legal, financial, employment, or safety-critical decisions affecting any person.

• Reverse engineer or scrape. Reverse engineer, decompile, or disassemble the Service; scrape, crawl, or harvest data from the Service except through documented APIs and within posted rate limits; or use the Service to build a competing product.

• Train models without permission. Use User Content of others, AI outputs you encounter, or any portion of the Service to train, fine-tune, evaluate, or benchmark a machine-learning model that is made available outside your own account, without our prior written consent.

• Misrepresent yourself. Impersonate any person, falsify your affiliation with any person or entity, or use the Service to send spam, phishing, or unsolicited bulk communications.

• Resell or redistribute. Sell, resell, lease, sublicense, or otherwise commercially exploit the Service except as expressly authorized.

• Interfere with operations. Take any action that imposes an unreasonable load on our infrastructure, attempts to disrupt other users, or otherwise interferes with the proper functioning of the Service.

We may investigate suspected violations and take appropriate action, including removing content, suspending accounts, and cooperating with law enforcement.

7. Your Content

You retain ownership of the content you submit, upload, or create through the Service ("User Content"). You are solely responsible for User Content and for ensuring you have all rights necessary to submit and use it through the Service.

You grant SetFlow a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, modify (only to the extent required to format or render the content), and create derivative works of User Content solely for the purpose of providing, securing, and improving the Service for you and the people you have chosen to share it with. This license terminates with respect to User Content when you delete it from the Service, except for backups, audit logs, and copies necessary to comply with legal obligations or resolve disputes.

You represent and warrant that: (a) you own or have all rights necessary to submit your User Content; (b) your User Content and our use of it under these Terms will not violate any third-party right or applicable law; and (c) any personal information about other people that you upload was collected lawfully and may be processed by SetFlow on your behalf.

We are not obligated to monitor User Content but may review and remove content that we reasonably believe violates these Terms or applicable law.

8. Feedback

If you send us feedback, suggestions, or ideas about the Service, you agree that we may use them without obligation or compensation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into our products and services.

9. AI Features and Tori

AI features generate output by sending your prompt and the context you select to AI subprocessors. Output is produced by statistical models and may be inaccurate, incomplete, biased, outdated, offensive, or otherwise unsuitable. As between you and SetFlow, you own the output to the extent permitted by law and by our AI subprocessors’ terms; however, the same prompt may produce similar output for other users, and we make no guarantees of exclusivity, originality, or non-infringement.

You agree to: (a) review AI output before relying on it; (b) not present AI output as professional advice (medical, legal, financial, mental-health, safety-critical, or otherwise) without independent verification by a qualified human professional; and (c) follow our Acceptable Use rules when using AI features.

Some AI features may be marked "beta" or "experimental." Those features may change or be removed at any time, may have lower availability, and are excluded from any service-level commitments.

10. Schools, Educators, and Students

When SetFlow is used in an Educational Institution, that institution is the controller of student data inside its tenant and SetFlow acts as a service provider / school official under FERPA where applicable. The Educational Institution is responsible for: (a) obtaining any parental consent required by COPPA or applicable law before adding students; (b) configuring rosters, accommodations, and access controls accurately; (c) ensuring its use of the Service complies with FERPA, IDEA, applicable state student-privacy laws, and any data-processing agreement we have entered with it; and (d) responding to parent or student rights requests covering education records inside its tenant.

Students using the Service through an Educational Institution must follow these Terms, the Acceptable Use rules above, and any additional rules their school sets. Educational Institutions may revoke a student’s access at any time.

11. Third-Party Services and Integrations

The Service may integrate with third-party services such as Google, GitHub, Stripe, Jitsi, OpenStax, Anthropic, OpenAI, and others. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services and we may add, change, or remove integrations at any time.

If you grant the Service access to a third-party account (for example via OAuth), you authorize us to access and use that account as needed to provide the integration you opted into.

12. Intellectual Property

The Service, including all software, designs, trademarks, logos, and brand assets (collectively, the "SetFlow IP"), is owned by SetFlow and its licensors and is protected by copyright, trademark, and other laws. Except for the limited license in Section 5 and any rights expressly granted elsewhere, no rights in the SetFlow IP are granted to you. "SetFlow," the SetFlow logo, "Tori," and related marks are trademarks of SetFlow. You may not use them without our prior written permission, except as needed to factually identify the Service.

13. Copyright Complaints (DMCA)

We respect the intellectual-property rights of others. If you believe content on the Service infringes a copyright you own or control, please send a written notice that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and reasonably sufficient information to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

Send DMCA notices to the contact address at the bottom of this page with the subject line "DMCA Notice." We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers in appropriate circumstances.

14. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully.

15. Beta Features and Changes to the Service

We may release features that are labeled "beta," "preview," or "experimental." Those features are provided as-is, may change or be discontinued at any time, and are excluded from any service-level or warranty commitments.

We may modify, replace, or discontinue any part of the Service at any time. We will use reasonable efforts to give advance notice of material changes that materially diminish a paid feature.

16. Suspension and Termination

You may stop using the Service or delete your account at any time through the in-product settings or by contacting us. Some content may persist in backups and audit logs for a limited period after deletion, as described in our Privacy Policy.

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe: (a) you have violated these Terms or applicable law; (b) continued access creates a security, legal, or reputational risk; (c) your account is overdue on fees; (d) we are required to do so by law or court order; or (e) we are discontinuing the Service. Upon termination, your right to use the Service ends; sections that by their nature should survive termination will survive.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. AI OUTPUTS, IN PARTICULAR, ARE GENERATED PROBABILISTICALLY AND ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SETFLOW OR ITS FOUNDERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID TO SETFLOW FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless SetFlow, its founders, employees, agents, and licensors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21. Disputes, Arbitration, and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Informal resolution. Before filing a formal claim, you agree to contact us using the details below and to attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms (a "Dispute") that is not resolved informally will be resolved by binding individual arbitration administered by a recognized neutral arbitration provider, under its then-current rules. The arbitration will take place in Texas, or remotely at the arbitrator’s discretion, and the arbitrator’s decision will be final and binding. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class-action waiver. You and SetFlow 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, collective, consolidated, or representative proceeding.

Exceptions. Either party may bring an individual action in small-claims court for Disputes within that court’s jurisdiction; either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or to prevent unauthorized access to the Service.

Opt-out. You may opt out of this arbitration agreement by sending written notice to the contact address below within 30 days of first agreeing to these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.

22. Export Controls and Sanctions

You agree to comply with all applicable export-control and sanctions laws, including U.S. export-control laws. You may not use or export the Service in violation of those laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list.

23. U.S. Government End Users

The Service is "commercial computer software" and the related documentation is "commercial computer software documentation," each as those terms are used in the Federal Acquisition Regulation. Use, duplication, or disclosure by the U.S. Government is subject only to the rights granted in these Terms.

24. Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government action, internet or utility outages, denial-of-service attacks, pandemics, and failures or delays of upstream service providers.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice through the Service or by email before the changes take effect. The "Effective date" at the top reflects the latest revision. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

26. Miscellaneous

These Terms, our Privacy Policy, and any order form or addendum we sign with you make up the entire agreement between you and SetFlow regarding the Service and supersede any prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. Notices to you may be delivered by email to the address on your account or by posting in the Service. Notices to us must be sent to the contact address below.