Terms of Service

1. Introduction and Acceptance

Welcome to FlashBrief! These Terms of Service ("Terms") govern your access to and use of the FlashBrief website, applications, and services (collectively, the "Service") operated by Fluency Learning Apps LLC ("Company," "we," "our," or "us").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

FlashBrief is a subscription-based service that provides personalized audio news briefings ("Episodes"). Our Service:

• Aggregates news content based on your selected topics
• Uses artificial intelligence to generate news briefing scripts
• Converts scripts to audio using text-to-speech technology
• Delivers Episodes via RSS feed compatible with podcast applications
• Optionally delivers episode transcripts via email

The Service is provided "as available" and Episode content, timing, and availability may vary.

3. Eligibility

To use FlashBrief, you must:

• Be at least 16 years of age (or the age of digital consent in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information

By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

4.1 Account Creation

To access the Service, you must create an account by providing:

• A valid email address
• Your first and last name
• A secure password

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or use

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 One Account Per Person

Each account is for a single individual. You may not share your account credentials or RSS feed with others. We reserve the right to terminate accounts that appear to be shared.

5. Subscription Plans and Fees

5.1 Available Plans

FlashBrief offers the following subscription plans:

Prices are in US Dollars and exclude applicable taxes.

5.2 Free Trial

New users receive a free trial consisting of:

• 5 Episodes delivered daily (Trial Phase)
• 4 Episodes delivered weekly on Mondays (Nurture Phase)

No payment information is required for the free trial. At the end of the trial, you may subscribe to a paid plan to continue receiving Episodes.

5.3 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payment is processed securely through Stripe
• Your subscription will automatically renew unless cancelled
• We do not store your payment card details; they are held securely by Stripe

5.4 Price Changes

We may change subscription prices with 30 days' notice. Price changes will take effect at your next renewal date. Continued use after a price change constitutes acceptance of the new price.

6. Cancellation and Refunds

6.1 How to Cancel

You may cancel your subscription at any time through your account dashboard or by contacting us at hello@flashbrief.app.

6.2 Effect of Cancellation

• Cancellation takes effect at the end of your current billing period
• You retain access to the Service until your paid period ends
• No Episodes will be generated after your subscription ends
• Previously generated Episodes remain accessible in your podcast app until they expire (30 days from generation)

6.3 Refund Policy

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Pro-rated refund available within 30 days of purchase if you have not used more than 10 Episodes
• Free trial: No payment, no refund applicable

To request a refund, contact hello@flashbrief.app with your account email and reason for the request.

6.4 Subscription Changes

• Upgrades (Basic to Pro): Take effect immediately; you are charged the pro-rated difference
• Downgrades (Pro to Basic): Take effect at the next billing cycle

7. Acceptable Use

7.1 Permitted Use

You may use the Service for your personal, non-commercial use to receive and listen to news briefings.

7.2 Prohibited Conduct

You agree not to:

• Share your account credentials or RSS feed with others
• Redistribute, republish, or commercially exploit Episode content
• Use the Service to create competing products or services
• Attempt to reverse engineer, decompile, or extract source code from the Service
• Circumvent any access controls or usage limits
• Use automated tools to access the Service (except authorized podcast applications)
• Interfere with or disrupt the Service or servers
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Use the Service for any illegal or unauthorized purpose

7.3 Consequences of Violation

Violation of these Terms may result in:

• Warning and request to cease the prohibited conduct
• Temporary suspension of your account
• Permanent termination of your account without refund
• Legal action where appropriate

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, and technology, is owned by Fluency Learning Apps LLC and protected by intellectual property laws. You receive no ownership rights in the Service.

8.2 Episode Content

Episodes are generated using artificial intelligence based on publicly available news sources. Episode content:

• Is provided for your personal informational use only
• May not be redistributed, republished, or used for commercial purposes
• Remains the property of Fluency Learning Apps LLC
• Is subject to the intellectual property rights of original news sources

8.3 News Source Attribution

Episodes include citations and references to original news sources. We do not claim ownership of the underlying news content and encourage you to visit original sources for complete information.

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate such feedback without obligation to you.

9. AI-Generated Content Disclaimer

9.1 Nature of Content

FlashBrief uses artificial intelligence to:

• Search and aggregate news from various sources
• Generate news briefing scripts
• Convert text to speech audio

9.2 Accuracy Limitations

AI-generated content may contain:

• Errors, inaccuracies, or omissions
• Outdated information
• Misinterpretations of source material
• Unintended biases present in source content or AI models

9.3 Not Professional Advice

Episode content is for general informational purposes only and does not constitute:

• Professional advice (legal, financial, medical, or otherwise)
• Verified journalism or fact-checked reporting
• Investment recommendations
• Emergency or safety guidance

9.4 Your Responsibility

You are responsible for:

• Verifying information from original sources before acting on it
• Using your own judgment regarding the accuracy and applicability of content
• Seeking professional advice where appropriate

10. Third-Party Services and Content

10.1 Third-Party Services

The Service integrates with third-party services including:

• AWS (infrastructure and authentication)
• Stripe (payment processing)
• OpenAI (text-to-speech)
• Anthropic (AI content generation)
• Perplexity AI (news aggregation)
• Podcast applications (Episode delivery)

Your use of these services is subject to their respective terms and policies.

10.2 Third-Party Content

Episodes contain information derived from third-party news sources. We do not control and are not responsible for the accuracy, legality, or appropriateness of third-party content.

10.3 External Links

Episodes or transcripts may reference external websites. We do not endorse and are not responsible for the content or practices of external sites.

11. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

12. Disclaimers

12.1 "As Is" and "As Available"

12.2 No Guarantee of Availability

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• Episodes will be generated at your specified time every day
• Content will be accurate, reliable, or complete
• Defects will be corrected
• The Service will meet your specific requirements

12.3 Service Modifications

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

13. Limitation of Liability

13.1 Exclusion of Damages

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your access to or use of (or inability to access or use) the Service
• Damages resulting from any conduct or content of any third party on the Service
• Damages resulting from unauthorized access, use, or alteration of your content or transmissions

13.2 Cap on Liability

13.3 Basis of the Bargain

The limitations and exclusions in this section apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

14. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law

We reserve the right to assume exclusive defense of any matter subject to indemnification by you, at your expense.

15. Termination

15.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through the dashboard
• Requesting account deletion by emailing hello@flashbrief.app

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• We discontinue the Service
• Your account shows extended inactivity (12+ months)

15.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You remain liable for any fees incurred before termination
• Provisions that by their nature should survive termination will survive (including Sections 8, 12, 13, 14, 16, and 17)

16. Dispute Resolution

16.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at hello@flashbrief.app. We will attempt to resolve the dispute within 30 days.

16.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.

16.3 Jurisdiction

For any disputes not resolved informally, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming.

16.4 Class Action Waiver

16.5 Time Limitation

Any claim arising from or relating to these Terms or the Service must be filed within one (1) year after the cause of action arose, or be permanently barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fluency Learning Apps LLC regarding the Service and supersede any prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

17.4 Assignment

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

17.5 Notices

We may provide notices to you via:

• Email to the address associated with your account
• Posting on the Service
• Other reasonable means

You may provide notices to us at hello@flashbrief.app.

17.6 Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or infrastructure failures.

17.7 Headings

Section headings are for convenience only and have no legal effect.

18. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new "Last updated" date
• Sending an email to your registered address at least 14 days before changes take effect

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree with changes, you must stop using the Service and cancel your account before the changes take effect.

19. Contact Information

If you have questions about these Terms, please contact us: