Terms of Service

Last updated: 2026

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("USER") AND TONGFLOW ("PROVIDER").

BY ACCESSING OR USING THE TONGFLOW WEBSITE, PLATFORM, MOBILE APPLICATIONS, APIs, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 14, WHICH AFFECTS YOUR LEGAL RIGHTS.

1. Acceptance, Eligibility, and Scope

1.1 Binding Agreement

By creating an account, accessing, or using the Service, you signify your irrevocable acceptance of these Terms. These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and any other guidelines posted on the Service.

1.2 Authority to Bind

If you are using the Service on behalf of a company, organization, or legal entity, you represent that you have the authority to bind that entity to these Terms and agree to indemnify us for violations.

1.3 Age Requirements

The Service is strictly for adults aged 18 years or older. Use by anyone under 18 is strictly prohibited regardless of parental consent. We do not knowingly collect personal information from minors.

1.4 Geographic Restrictions

You may not use the Service if located in any country subject to comprehensive U.S. sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions).

1.5 Modifications to Terms

We may modify these Terms at any time with 30 days' notice via email or platform notification. Continued use after changes constitutes acceptance.

2. Service Description and AI Disclaimers

2.1 AI-Driven Platform

The Service provides a cloud-based visual automation platform integrating third-party AI models (LLMs, image generators, audio/video processors). You acknowledge that AI technology is inherently probabilistic, experimental, and continuously evolving. Tongflow does not create or train the underlying AI models.

2.2 Critical Accuracy Disclaimer

AI OUTPUTS MAY BE INCOMPLETE, INCORRECT, MISLEADING, BIASED, OFFENSIVE, OR HARMFUL. AI models can "hallucinate" (generate false information as fact), reflect training biases, create plausible but fabricated content, and generate infringing outputs. Provider makes NO warranties regarding Output accuracy, completeness, reliability, or suitability.

2.3 No Professional Advice

NO OUTPUT CONSTITUTES PROFESSIONAL ADVICE. Outputs are not medical diagnoses, legal advice, financial advice, or technical recommendations. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL OUTPUTS BEFORE USE OR DISTRIBUTION.

2.4 Beta/Alpha Features

Features marked "Beta," "Alpha," or "Experimental" are provided "AS IS" for testing only. They may contain bugs, be discontinued without notice, cause data loss, and are not covered by any SLA.

2.5 Service Availability

We do not guarantee uninterrupted, secure, or error-free access. The Service may be modified, suspended, or discontinued at any time without notice.

3. User Accounts and Security

3.1 Registration

You must provide accurate, current, and complete registration information; maintain credential security; not share your account; and notify us immediately of unauthorized access.

3.2 Account Responsibility

You are fully liable for all activities under your account, including actions by persons you granted access or who obtained access through your negligence.

3.3 Multi-Factor Authentication

We recommend enabling MFA. Failure to use MFA may increase unauthorized access risk; you assume all associated risks.

3.4 Suspension and Termination

We may suspend or terminate your account for any reason, including Terms violations, prolonged inactivity (12+ months), or law enforcement requests. Upon termination, your access ceases immediately.

4. Intellectual Property and Content Rights

4.1 Provider Ownership

Tongflow owns all rights in the Service, including software, algorithms, UI designs, documentation, and all intellectual property. Nothing transfers ownership to you.

4.2 User Input

You retain ownership of your Input. You represent you have all rights to submit such Input and grant us a worldwide, royalty-free, sublicensable license to use it for providing and improving the Service.

4.3 Output Ownership

Subject to these Terms, you own newly created Outputs. Tongflow assigns its rights in Outputs to you. IMPORTANT: AI Output ownership is legally unsettled. We make no warranty that your ownership is enforceable, that Outputs qualify for IP protection, or that Outputs don't infringe third-party rights. You assume all risks.

4.4 Third-Party AI Provider Rights

Third-party AI providers (OpenAI, Anthropic, Google, etc.) may have their own terms affecting your Output rights. They may use your Input/Output to improve their models. Tongflow has no control over third-party policies.

4.5 Trademarks

"Tongflow" and our logo are our trademarks. You may not use them without written permission.

4.6 Feedback

Any feedback you provide is licensed to us royalty-free, worldwide, and perpetually for any purpose.

5. Acceptable Use and Prohibited Conduct

5.1 General Prohibitions

You may not: violate any laws; engage in fraud; harm minors; harass, threaten, or abuse others; impersonate any person or entity.

5.2 Prohibited Content

You may not use the Service to generate content that: depicts child exploitation (CSAM); creates non-consensual intimate imagery or deepfakes; promotes terrorism, violence, self-harm, or weapons; promotes hate or discrimination; creates phishing, scams, or misinformation; violates privacy; creates malware; or generates spam.

5.3 Technical Prohibitions

You may not: reverse-engineer or decompile the Service; bypass security measures; use unauthorized automated tools; interfere with Service performance; attempt unauthorized access; resell or sublicense the Service.

5.4 Competitive Use Restrictions

You may not use the Service or Outputs to train competing AI models, create derivative AI services, or conduct competitive benchmarking for publication.

5.5 Enforcement

We may monitor, investigate, remove content, suspend/terminate accounts, and report illegal activities to authorities. You agree to cooperate with investigations.

6. Third-Party Services

6.1 Third-Party AI Providers

We integrate third-party AI services (OpenAI, Anthropic, Google, Stability AI, etc.). Your use is subject to their terms. We are not responsible for their availability, accuracy, or reliability. They may modify or discontinue services at any time.

6.2 Third-Party Links

The Service may contain links to third-party websites. We have no control over and assume no responsibility for their content, policies, or practices.

6.3 User-Generated Content

We do not endorse or verify content from other users. Access it at your own risk and report violating content to us.

7. Fees, Billing, and Taxes

7.1 Subscription Fees

Paid features require subscription fees that are: non-refundable except as required by law; billed in advance on a recurring basis; and auto-renewed unless cancelled.

7.2 Usage-Based Charges

Some features incur additional usage-based charges (API calls, compute credits, storage) billed according to usage.

7.3 Price Changes

We may modify fees with 30 days' notice. Continued use after changes constitutes acceptance. Cancel before changes take effect if you disagree.

7.4 Taxes

All fees exclude applicable taxes (VAT, sales tax, etc.). You are responsible for all taxes. We may add taxes to your invoice if required.

7.5 Payment Methods

You authorize us to charge your payment method for all fees. Provide accurate payment information and update it promptly. Payment failures may result in service suspension.

7.6 Refunds

Fees are generally non-refundable. We may provide refunds at our discretion in exceptional circumstances.

7.7 Free Trials

Free trials are subject to additional terms. Unless cancelled, you authorize charges after the trial ends.

8. Data Processing and Privacy

8.1 Privacy Policy

Your use is governed by our Privacy Policy, incorporated herein. By using the Service, you consent to our data practices.

8.2 AI Data Processing

Your Input may be processed by third-party AI providers. You consent to this transmission; acknowledge providers may retain data per their policies; and accept responsibility for not submitting prohibited data.

8.3 Sensitive Data Warning

Do not submit: legally privileged information; protected health information (PHI) without a BAA; classified or government-restricted data; trade secrets unless you accept the risks.

8.4 Data Security

We implement reasonable security measures but cannot guarantee absolute security. You provide data at your own risk.

9. DMCA and Copyright Policy

9.1 Respect for IP

We respect intellectual property rights and respond to valid DMCA notices.

9.2 DMCA Takedown Procedure

For copyright claims, provide: your signature; identification of the copyrighted work; identification and location of infringing material; your contact information; a good faith belief statement; and a statement of accuracy under penalty of perjury.

9.3 Designated Agent

Contact: [email protected]

9.4 Repeat Infringers

We terminate accounts of repeat infringers in appropriate circumstances.

9.5 Counter-Notification

If you believe content was wrongly removed, contact [email protected] for the counter-notification procedure.

10. Indemnification

10.1 Your Indemnification Obligations

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TONGFLOW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS from all claims, damages, liabilities, and expenses (including attorneys' fees) arising from: your use of the Service; your Input or Output; your violation of these Terms or any law; your infringement of third-party rights; disputes between you and third parties.

10.2 Defense Control

We may assume exclusive defense of any indemnified claim at your expense. You agree not to settle claims without our consent.

11. Disclaimer of Warranties

11.1 AS IS / AS AVAILABLE

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

11.2 Warranty Disclaimers

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: merchantability; fitness for a particular purpose; title and non-infringement; accuracy or reliability of content/outputs; uninterrupted or error-free operation; freedom from viruses; meeting your requirements.

11.3 AI-Specific Disclaimers

WE SPECIFICALLY DISCLAIM WARRANTIES REGARDING AI OUTPUTS: we do not warrant Outputs are accurate, truthful, unbiased, non-infringing, or suitable for any purpose, or that AI models will remain available.

11.4 Legal Limitations

Some jurisdictions prohibit certain warranty exclusions. These exclusions apply to the fullest extent permitted.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TONGFLOW SHALL NOT BE LIABLE FOR ANY: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, business, or savings; loss of data, use, or goodwill; business interruption; cost of substitute services; damages from relying on AI outputs. These apply regardless of legal theory and whether we were informed of the possibility.

12.2 Aggregate Liability Cap

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: amounts paid by you in the 12 months before the claim; or $100 USD.

12.3 Essential Purpose

These limitations apply even if limited remedies fail. They are fundamental to this agreement and reflected in our pricing.

13. Export Controls and Sanctions

13.1 Export Restrictions

The Service is subject to export control laws. You may not export or use the Service: in sanctioned countries; by persons on restricted parties lists; for prohibited end-uses.

13.2 Your Representations

You represent that you are not located in, controlled by, or a resident of any sanctioned country; not on any restricted parties list; and will not use the Service for prohibited purposes.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before formal proceedings, contact [email protected] to attempt informal resolution. If unresolved within 60 days, you may bring formal proceedings.

14.2 Binding Arbitration

ALL DISPUTES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION except for small claims court. Arbitration shall be conducted by a neutral arbitrator under recognized arbitration rules (AAA or JAMS).

14.3 Class Action Waiver

YOU WAIVE THE RIGHT TO JURY TRIAL AND ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over representative actions.

14.4 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights.

14.5 Governing Law

These Terms are governed by Delaware law without conflict of law principles. For non-arbitrable matters, exclusive jurisdiction is in Delaware state and federal courts.

14.6 Time Limitation

Claims must be filed within one (1) year of arising or be forever barred.

15. General Provisions

15.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement, superseding prior agreements.

15.2 Severability

Invalid provisions will be limited to the minimum extent necessary; remaining provisions remain enforceable.

15.3 Waiver

Failure to enforce rights is not a waiver. Waivers are effective only in writing.

15.4 Assignment

You may not assign these Terms without our consent. We may assign freely. Unauthorized assignments are void.

15.5 Force Majeure

We are not liable for failures due to causes beyond our control (natural disasters, war, terrorism, pandemics, internet failures, power outages, third-party service failures).

15.6 Notices

We may notify you via the Service, email, or other means. Keep your contact information current. Notices are effective upon transmission.

15.7 No Agency

No agency, partnership, joint venture, or employment relationship is created.

15.8 No Third-Party Beneficiaries

These Terms benefit only you and Tongflow.

15.9 Survival

Sections 4, 7, 10, 11, 12, 14, and 15 survive termination.

16. Contact Information

For questions about these Terms:

• Legal matters: [email protected]
• General support: [email protected]

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