Agent Floburn

Terms of Service

Effective 2026-08-12

1. Acceptance of Terms

Welcome to Agent Floburn. These Terms of Service ("Terms") are a legal contract between you ("you," "your," "User") and Floburn Inc. ("Floburn," "we," "us," "our") governing your access to and use of the Agent Floburn platform, including our website and all related services (collectively, 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. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" includes that organization.

3. Accounts, Workspaces, and Teams

3.1 Account Creation

You agree to:

  • Provide truthful and accurate registration information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access or security breach

3.2 Workspaces and Roles

The Service organizes work into brand workspaces with role- and permission-based memberships. Workspace admins control who can access their workspace and what members can do. Your organization is responsible for the actions of the members it invites and the permissions it grants.

3.3 Account Responsibility

You are solely responsible for all activity that occurs under your account. Floburn is not liable for any loss or damage arising from your failure to maintain account security.

4. Service Availability and Changes

We continually improve the Service. Features and functionality may change without notice, availability is not guaranteed, you may experience bugs or interruptions, and we may modify, add, or discontinue features at any time.

5. User Content and Intellectual Property

5.1 Your Content Ownership

You retain all ownership rights to the content you upload, create, or import into the Service, including CRM contacts and leads, campaigns, drafts, creatives, brand assets, and related data (collectively, "User Content").

5.2 License Grant to Floburn

You grant Floburn a worldwide, non-exclusive, royalty-free, transferable license to store, process, display, back up, and transmit your User Content — including processing through AI features and transmission to integrations you connect — solely to operate, maintain, secure, and improve the Service. This license terminates when you delete your User Content or close your account, except as required by law.

5.3 Your Responsibilities

You represent and warrant that:

  • You own or have the necessary rights to all User Content you upload
  • Your User Content does not violate any third-party rights, including copyright, trademark, privacy, or other intellectual property rights
  • You have a lawful basis (and any required consent) for the contact and lead data you import into or collect through the Service
  • Your User Content complies with these Terms and all applicable laws

5.4 Floburn Intellectual Property

The Service, including all software, algorithms, designs, graphics, logos, and trademarks, is owned by Floburn and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

6. AI Features

6.1 AI Processing

The Service uses artificial intelligence to provide features including content drafting and editing, ad copy and creative suggestions, campaign analysis and recommendations, and an in-app assistant. To provide these features, your User Content may be transmitted to and processed by our third-party AI provider, Anthropic (Claude models), which processes it as described in our Privacy Policy. We do not permit our AI provider to use your content to train its models.

6.2 AI Limitations and Your Review Obligation

  • AI-generated results are not guaranteed to be accurate or complete and are for informational purposes only
  • You are responsible for reviewing and approving AI-generated content before sending, publishing, or otherwise acting on it — including emails, ads, and posts dispatched through integrations
  • Floburn is not liable for decisions made based on AI-generated content

7. Integrations and Third-Party Services

The Service connects, at your direction, to third-party platforms such as Google (Gmail, Calendar, Google Ads), Meta, and Metricool. You are responsible for complying with each platform's terms and policies (including advertising policies), and you authorize us to take actions on those platforms on your behalf when you connect them. Third-party platforms are outside our control: we are not responsible for their availability, conduct, or changes to their APIs, and an integration may be modified or discontinued if a platform changes or revokes access. You can disconnect an integration at any time from workspace settings.

8. Email and Outreach Compliance

When you send email or publish campaigns through the Service, you are the sender. You agree to comply with all applicable marketing and anti-spam laws (including CAN-SPAM, CASL, and GDPR/ePrivacy where applicable), to send only to recipients you have a lawful basis to contact, to honor unsubscribe and opt-out requests, and to accurately identify yourself and your organization in your messages.

9. Acceptable Use Policy

9.1 Prohibited Activities

You agree NOT to:

  • Violate any laws, regulations, or third-party rights
  • Send spam or bulk unsolicited messages
  • Upload content containing malware, viruses, or malicious code
  • Attempt to gain unauthorized access to the Service or other users' accounts or workspaces
  • Interfere with or disrupt the Service's operation
  • Use the Service for any illegal, harmful, or fraudulent purpose
  • Scrape, crawl, or systematically collect data from the Service
  • Impersonate any person or entity
  • Upload content that is offensive, harassing, or violates others' rights
  • Reverse engineer, decompile, or disassemble any part of the Service

9.2 Enforcement

Floburn reserves the right to investigate violations and take appropriate action, including removing content, suspending or terminating accounts, reporting illegal activity to law enforcement, and taking legal action.

10. Fees

The Service is currently provided without subscription charges. We may introduce paid plans in the future; if we do, we will provide at least 30 days' notice, post pricing and billing terms before they take effect, and no charge will apply without your express agreement. Any future fees would be stated in U.S. Dollars and would be non-refundable except as required by law or expressly stated at the time.

11. Data Privacy and Security

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement reasonable technical and organizational measures to protect your User Content, but no method of transmission or storage is 100% secure. You may export your data or delete your account at any time from /me/account, or request deletion by emailing privacy@floburn.com. Upon deletion, User Content and personal data are removed except where retention is required by law, with backup copies deleted on our standard rotation schedule.

12. Termination

12.1 Termination by You

You may terminate your account at any time from /me/account, or by contacting support@floburn.com from the email address associated with your account.

12.2 Termination by Floburn

We may suspend or terminate your account if you violate these Terms, if required by law, if your use creates risk or legal exposure for Floburn or other users, or if we discontinue the Service (with reasonable notice).

12.3 Effect of Termination

Upon termination, your right to use the Service ceases, your User Content is deleted per Section 11, and provisions that by their nature should survive will survive.

13. Disclaimers and Limitation of Liability

13.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13.2 AI-Generated Content Disclaimer

FLOBURN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT, RECOMMENDATIONS, OR ANALYSIS. YOU USE AI-GENERATED CONTENT AT YOUR OWN RISK.

13.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOBURN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES; SERVICE INTERRUPTIONS OR DATA LOSS; OR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL FLOBURN'S TOTAL LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO FLOBURN IN THE 12 MONTHS PRECEDING THE CLAIM.

13.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Floburn, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, your campaigns and outreach, your violation of these Terms, your violation of any third-party rights or platform policies, or your violation of applicable laws.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law provisions.

15.2 Jurisdiction and Venue

Subject to Section 15.4 (Arbitration and Class-Action Waiver), and except for any Dispute required to be resolved by binding arbitration under Section 15.4, any legal action arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Washington State, and you consent to the personal jurisdiction of such courts.

15.3 Informal Resolution

Before filing a claim, you agree to contact us at support@floburn.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days. For any Dispute subject to arbitration under Section 15.4, the pre-arbitration Notice of Dispute requirements in Section 15.4(c) apply and control over this Section 15.3.

15.4 Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FLOBURN ON AN INDIVIDUAL BASIS AND LIMITS YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF THIS SECTION 15.4 WITHIN 30 DAYS, AS DESCRIBED IN SECTION 15.4(j).

(a) Agreement to Arbitrate

You and Floburn Inc. agree that any past, present, or future dispute, claim, or controversy between you and Floburn arising out of or relating to these Terms, the Service, your account, any purchase, or your relationship with Floburn (a "Dispute") will be resolved by binding individual arbitration governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. ("FAA"), and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, the AAA Mass Arbitration Supplementary Rules in effect at the time the Dispute is filed (the "AAA Rules," available at adr.org). If a conflict exists between this Section 15.4 and the AAA Rules, this Section 15.4 controls to the extent permitted by the AAA Rules.

The arbitrator has exclusive authority to resolve all threshold questions concerning the interpretation, applicability, enforceability, scope, or formation of this Section 15.4, except that a court of competent jurisdiction, and not the arbitrator, will decide (i) whether a Dispute falls within the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act exception in Section 15.4(b)(i), and (ii) the enforceability of the Class-Action Waiver in Section 15.4(f). This Section 15.4 is intended to be broadly interpreted and applies to claims arising before you accepted these Terms and to claims that may arise after termination of these Terms or your account.

(b) Exceptions to Arbitration

Notwithstanding Section 15.4(a), the following are not subject to arbitration:

  • (i) Sexual Assault and Sexual Harassment. Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402, this Section 15.4 and the waiver in Section 15.4(f) do not apply, at your election, to any dispute relating to conduct alleged to constitute sexual assault or sexual harassment. Whether this exception applies will be determined by a court of competent jurisdiction.
  • (ii) Small-Claims Court.Either party may bring an individual action in small-claims court in the claimant's county of residence (or, for Floburn, in King County, Washington), so long as the action remains in small-claims court.
  • (iii) Intellectual Property — Injunctive Relief Only. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Any monetary claim arising from such infringement remains subject to arbitration.

(c) Pre-Arbitration Notice and Informal Dispute Resolution

Before initiating arbitration, the party raising the Dispute must send a written Notice of Dispute to the other party. A Notice of Dispute from you to Floburn must be sent by email to support@floburn.com with the subject line "Notice of Dispute," or by U.S. mail to Floburn Inc., 600 1st Ave, Ste 330, PMB 404288, Seattle, WA 98104, Attn: Legal — Notice of Dispute. A Notice of Dispute from Floburn to you will be sent to the email address on file for your account.

A Notice of Dispute must:

  • be individualized to the specific user — form notices without claimant-specific facts do not satisfy this requirement;
  • state the claimant's full legal name, account email address, and physical mailing address;
  • describe the nature and basis of the claim;
  • state the specific relief sought (including any monetary amount); and
  • be personally signed by the claimant (or the claimant's individually-authorized counsel — bulk-signed notices do not satisfy this requirement).

After a complete Notice of Dispute is delivered, the parties will engage in good-faith informal-resolution discussions for sixty (60) days, including, if either party requests, at least one good-faith telephone conference. Completion of this process is a precondition to arbitration; failure to comply may be raised as a defense to, or grounds to stay, any premature proceeding. Applicable statutes of limitations are tolled during the informal period.

(d) Initiating Arbitration

If the Dispute is not resolved during the informal period, the claimant may commence arbitration by filing a Demand for Arbitration with the AAA under the AAA Rules. The arbitration will be conducted by a single neutral arbitrator.

(e) Location, Format, and Fees

  • Location. The arbitration will be seated in King County, Washington. You may elect to proceed by telephone or videoconference, or in the federal judicial district where you reside; the arbitrator will grant such an election absent good cause.
  • Fees.Floburn will pay all AAA filing, administrative, and arbitrator fees in excess of the consumer's portion specified by the AAA Consumer Arbitration Rules. Each party otherwise bears its own attorneys' fees and costs, except where the arbitrator awards them under applicable law (including, where applicable, the Washington Consumer Protection Act, RCW 19.86.090). If the AAA Rules in effect when a Dispute is filed would require you to pay a fee greater than under the AAA Rules in effect when you accepted these Terms, Floburn will pay the difference.
  • Authority. The arbitrator may grant any remedy a court could grant, on an individual basis, and will issue a written decision with findings of fact and conclusions of law.

(f) Class-Action Waiver

YOU AND FLOBURN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree, no arbitrator may consolidate more than one person's claims or preside over any form of class, collective, or representative proceeding. If this Section 15.4(f) is found unenforceable as to a Dispute, then Section 15.4(a) will not apply to that Dispute, which will instead be resolved in court under Section 15.4(k).

JURY-TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT FOR ANY REASON, YOU AND FLOBURN EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. This waiver is independent of every other provision of this Section 15.4 and survives even if the agreement to arbitrate is found unenforceable.

(g) Mass Arbitration

If 25 or more Demands for Arbitration are filed against Floburn that (i) arise out of substantially similar facts or theories and (ii) are filed by the same or coordinated counsel, the Demands will be governed by the AAA Mass Arbitration Supplementary Rules. In addition, the parties agree to a staged bellwether process: a limited number of individual cases proceed first; no filing, administrative, or arbitrator fees are incurred for cases not yet selected for a stage; no bellwether result binds a claimant who did not participate in it; and statutes of limitations are tolled for batched claimants during staging, bellwether, and global-mediation proceedings.

(h) Confidentiality

The existence of the arbitration and the award are not confidential. Each party agrees to maintain the confidentiality of the other party's trade secrets and commercially sensitive information designated as such during the proceeding.

(i) Governing Law

These Terms and any Dispute are governed by the substantive law of the State of Washington (without regard to conflict-of-laws principles) and the FAA. Nothing in this Section 15.4 waives any non-waivable consumer-protection right or remedy under the law of your home state, including any Washington Consumer Protection Act remedies under RCW ch. 19.86 if you reside in Washington.

(j) Right to Opt Out

You may opt out of this Section 15.4 by sending written notice to support@floburn.com with the subject line "Arbitration Opt-Out," or by U.S. mail to Floburn Inc., 600 1st Ave, Ste 330, PMB 404288, Seattle, WA 98104, Attn: Legal — Arbitration Opt-Out. Your notice must be received within thirty (30) days of the date you first accepted these Terms (or, for material changes to this Section 15.4, within 30 days of the change's effective date), and must include (i) your full legal name, (ii) the email address associated with your account, and (iii) a clear statement that you wish to opt out of this Section 15.4. If you opt out, neither party is required to arbitrate and Section 15.4(f) will not apply to you; no other provision of these Terms is affected. The opt-out window runs its full 30 days even if your account is terminated or closed during that period.

(k) Severability and Court Proceedings

If any provision of this Section 15.4 is found unenforceable, it will be severed and the remaining provisions enforced, except that if Section 15.4(f) is found unenforceable as to a Dispute, that Dispute will be resolved in the state or federal courts located in King County, Washington. Both parties waive any right to a jury trial for any Dispute resolved in court.

(l) International Users

If you reside in the European Economic Area, the United Kingdom, or another jurisdiction whose mandatory consumer-protection laws prohibit pre-dispute arbitration of consumer disputes, this Section 15.4 applies to you only to the extent permitted by those laws. You retain the right to bring claims in the courts of your home country and to file complaints with your home-country supervisory authority.

(m) Survival

This Section 15.4 survives termination of these Terms or your account, including your rights and elections under Sections 15.4(b) and 15.4(j).

16. Changes to These Terms

We may modify these Terms at any time. For material changes we will notify you via email or through the Service at least 30 days before they take effect and post the updated Terms with a new effective date. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and terminate your account.

17. General Provisions

  • Entire agreement. These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Floburn regarding the Service.
  • Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
  • Waiver. No waiver of any provision is a further or continuing waiver of that or any other provision.
  • Assignment.You may not assign these Terms or your account without Floburn's prior written consent; Floburn may assign these Terms without restriction.
  • No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
  • Force majeure. Floburn is not liable for failure or delay due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or government actions.

18. Contact Information

Questions about these Terms: support@floburn.com
Floburn Inc., 600 1st Ave, Ste 330, PMB 404288, Seattle, WA 98104

19. Acknowledgment

By using the Service, you acknowledge that you have read and understood these Terms, agree to be bound by them, are at least 18 years of age, and consent to the processing of your User Content as described in these Terms and our Privacy Policy.