Flock Terms of Service

Date of Last Revision: August 16, 2024

Santa's AI Lab Inc. ("Santa AI", "we", "us", or "our") provides the newsletter creation platform, Flock, through its website located at https://www.flockletter.com/ (the "Site") and related services (collectively, such services, including any new features and any related mobile or other applications, and the Site, the "Service(s)"). The Service is designed to be an AI-powered newsletter creation platform to enhance how you create and distribute newsletters through AI ghostwriting, editing, and other personalized features, and is subject to the following Terms of Service (as amended from time to time, these "Terms of Service").

These Terms of Service are effective as of the date you first create an account with Santa's AI or otherwise use or access a Service, whichever is earlier. These Terms of Service do not have to be signed in order to be binding. You indicate your assent to these Terms of Service by creating an account or otherwise using a Service. If you are registering for an account or using the Service on behalf of an entity or other organization, you are agreeing to these Terms of Service for that entity or organization and representing to Santa's AI that you have the authority to bind that entity or organization to these Terms of Service (and, in which case, the terms "you" and "your" will refer to that entity or organization).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SANTA'S AI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.flockletter.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

Santa's AI reserves the right to change these Terms of Service at any time. All changes to the Terms of Service will be posted on the Site or sent via email to the address associated with your account. You can review the most current version of these Terms of Service at any time at https://www.flockletter.com/terms. Your continued use of the Service after any changes have been made constitutes acceptance of the revised Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to any changes to the Terms of Service, your only remedy is to cease using the Service and send a cancellation email to contact@flockletter.com.

1. Access and Use of the Service.

Your Registration Obligations. You may be required to register with Santa's AI in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Santa's AI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Santa's AI will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service. Santa's AI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including with respect to any feature of any subscription plan related to the Service that may be offered by Santa's AI from time to time. You agree that Santa's AI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage. You acknowledge that Santa's AI may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Santa's AI's servers on your behalf. You agree that Santa's AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Santa's AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Santa's AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services. The Service may include certain services that are available via a mobile device ("Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Santa's AI and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Santa's AI account information to ensure that your messages are not sent to the person that acquires your old number.

Desktop App License. Santa's AI may make available downloadable one or more desktop applications related to the Service (each, a "Desktop App"). Subject to these Terms of Service, Santa's AI hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install our Desktop App on your compatible personal computer and (b) use the Desktop App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Desktop App on another personal computer with respect to which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Desktop App grants you the aforementioned rights in connection with the installation and use of the Desktop App on one personal computer.

Open Source Software. The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, Santa's AI makes such open source software, and Santa's AI's modifications to that open source software (if any), available by written request to contact@flockletter.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.

2. Conditions of Use.

User Conduct. You are solely responsible for all information, data, text, prompts, queries, scripts, images, messages and other materials ("content") that you upload, submit, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Santa's AI. Santa's AI reserves the right to investigate and take appropriate legal action against anyone who, in Santa's AI's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

• transmit or upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Santa's AI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Santa's AI or its users to any harm or liability of any type;

• transmit or upload any financial or medical information of any nature (including protected health information), any sensitive personal data (e.g., social security numbers, driver's license numbers, birth dates, personal bank account numbers, passport or visa numbers and credit card numbers), any personal data of children under 13 or the applicable age of digital consent, or any other data that is subject to regulatory or contractual handling requirements (collectively, "Prohibited Data");

• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

• violate any applicable local, state, national or international law, or any regulations having the force of law;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• solicit personal information from anyone under the age of 18;

• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

• engage in any activities in hazardous environments, including in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Service could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a "High Risk Use");

• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or

• circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks.

Generated Output. Certain features of the Service permit you to provide prompts, scripts, queries or other input (collectively, "Input") to the Service in order to receive output generated and returned by the Service based on such Input ("Output"). You agree not to state or suggest that Output was human-generated when it is not. The Service is not intended to be used, and you agree not to use the Service to generate any Output, for:

• any illegal activity;

• child sexual abuse material or any content that exploits or harms children;

• generation of hateful, harassing, or violent content;

• generation of viruses or malware;

• any activity that has high risk of physical harm;

• any activity that has high risk of economic harm;

• fraudulent or deceptive activity;

• adult content, adult industries or dating apps;

• political campaigning or lobbying;

• activity that violates people's privacy;

• unauthorized practice of law or offering tailored legal advice without a qualified person's review;

• offering tailored financial advice;

• diagnosing a certain health condition, or providing treatment instructions; providing diagnostic or treatment services for serious medical conditions; triaging or managing life-threatening issues that need immediate attention; or

• high risk decision-making.

In addition, you will comply with any third party terms, guidelines, policies or the like to which we link in connection with your generation of Output.

Ownership of Input and Output. As between you and us, and to the extent permitted by applicable law, you own all Input and, subject to your compliance with these Terms of Service and solely to the extent we obtain any ownership in any copyrights in your Output, we hereby assign to you our ownership interest in such copyrights to your Output. You are responsible for all Input and Output, including for ensuring that it does not violate any applicable law or these Terms of Service.

Similarity of Output. Due to the automated content generation, Output may not be unique across users and the Service may generate the same or similar output for you, Santa's AI or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered your Output. You hereby irrevocably release, acquit and forever discharge, and agree not to sue, Santa's AI or any of its affiliates, or any of their employees, officers, directors or representatives (collectively, "Santa's AI Parties") with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to the Output.

Accuracy. Use of the Service may in some situations result in incorrect Output that does not accurately reflect real people, places or facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output. You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms of Service, there are numerous limitations that apply with respect to artificial intelligence (AI)-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

Competitors. No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without express written permission from Santa's AI. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Santa's AI or any of its affiliates, or acting on behalf of a competitor of Santa's AI in using or accessing the Service.

Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Santa's AI information regarding your credit card or other payment instruments. You represent and warrant to Santa's AI that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Santa's AI or the Payment Processor (as defined below), as applicable, the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize Santa's AI (through the Payment Processor) to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Santa's AI know within sixty (60) days after the date that Santa's AI charges you. We reserve the right to change Santa's AI's plans and prices. If Santa's AI does change prices, Santa's AI will provide notice of the