1. Eligibility
You must be at least 18 years of age to use the Service. By accessing the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a company or other legal entity, you further represent that you have the authority to bind that entity to these Terms.
2. Account Registration
To access certain features, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain the security of your account credentials and not share them with third parties.
- Notify us immediately at hi@2mv.ai if you suspect unauthorised access to your account.
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
3. Description of Service
2mv is an AI-powered platform for content creation, audience growth, and digital marketing. The Service provides tools and services for content research, ideation, planning, and production, which may be applied across a range of channels and use cases including but not limited to organic social media, paid advertising, influencer and creator collaboration, and user-generated content. The Service is offered in various forms, including self-serve tool access, managed service delivery, and hybrid combinations thereof.
The specific features, service scope, and commercial terms applicable to your use of the Service are as described on our website or as set out in a separate written agreement or order form between you and Fluxspark, which shall take precedence over these Terms in the event of any conflict.
4. Operator and Platform Access Authorisation
In connection with certain service tiers, you may authorise Fluxspark operators or team members to access the Service and your connected third-party platform accounts on your behalf, including operating tools, generating content, connecting social media accounts via OAuth or similar authorisation flows, and reviewing outputs within your account environment.
By granting such access, you acknowledge and agree that:
- You are authorising Fluxspark personnel to act as your agent for the specific purposes described in your service agreement.
- The scope of access to any third-party platform account (including TikTok, Instagram, and YouTube) is limited to what is necessary to deliver the agreed services. You are responsible for granting and revoking access through the relevant platform's authorisation settings.
- You retain full responsibility for reviewing and approving any content before publication. Fluxspark operators will not publish content to your social media accounts without your prior approval, unless you have explicitly granted such permission in a separate written agreement.
- Fluxspark will maintain reasonable records of operator actions taken within the Service on your behalf.
- You may revoke Fluxspark's operator access at any time by contacting us at hi@2mv.aior through the relevant platform's account settings. Revocation does not affect obligations under any active service agreement.
5. Payment and Billing
a) Subscription Fees
Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Payments are processed by Stripe. By subscribing, you authorise us to charge your payment method on a recurring basis until you cancel. Subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date through your account billing settings. Upon cancellation, you will retain access to the Service until the end of your current billing period, after which your account will be downgraded or deactivated.
b) Other Fees and Commercial Arrangements
For service engagements beyond self-serve subscriptions, fees, billing cycles, and payment terms are as specified in the applicable written agreement or order form between the parties. Wire transfers and other payment methods may be accepted as agreed. Where no separate written agreement exists, invoices are due within the period stated on the invoice.
c) Refunds
Subscription fees are non-refundable except where required by applicable law. For other service engagements, refund and cancellation terms are governed by the applicable written agreement. If you believe you have been charged in error, contact us at hi@2mv.ai within 30 days of the charge.
d) Taxes
You are responsible for all applicable taxes, levies, and duties imposed by any governmental authority in connection with your use of the Service.
6. Intellectual Property and Content Ownership
a) Your Content
You retain all intellectual property rights in content you upload or submit to the Service (“Input Content”). You also retain ownership of AI-generated outputs produced by the Service on your behalf (“Output Content”), subject to the licence in Section 6(b).
b) Licence to Fluxspark
By using the Service, you grant Fluxspark Inc. a non-exclusive, royalty-free, worldwide licence to use, reproduce, and process your Input Content and Output Content solely for the following purposes:
- Operating, maintaining, and improving the Service.
- Training, developing, and improving our AI models and internal systems. Where feasible, we use aggregated or de-identified data for this purpose. You may object to this use at any time by contacting us at hi@2mv.ai; see our Privacy Policy for further details.
- Analysing the public performance data of content published by you on third-party platforms and channels (such as views, engagement rates, and reach) to measure outcomes and improve our systems.
- Marketing and portfolio use, as described in Section 6(c) below.
This licence does not grant Fluxspark the right to sell your content to third parties.
c) Marketing Use and Portfolio
Anonymised or de-identified use (no consent required): We may use aggregated, anonymised, or de-identified outputs, metrics, and performance data generated through the Service in our marketing materials, product demonstrations, website, and promotional content without seeking additional consent.
Identifiable case studies and portfolio use (consent required): Where we wish to reference your account, brand name, content, or performance results in a way that is identifiable as yours — including in case studies, portfolio materials, client references, or promotional campaigns — we will obtain your express written consent prior to such use. This consent may be obtained through your service agreement, a separate written authorisation, or other documented means. You may withdraw this consent at any time by contacting us at hi@2mv.ai, and we will cease identifiable use of your materials on a going-forward basis.
d) Fluxspark IP
All rights, title, and interest in the Service, including software, AI models, algorithms, designs, trademarks, and proprietary methodologies, remain exclusively with Fluxspark Inc. Nothing in these Terms transfers any Fluxspark intellectual property to you.
7. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights.
- Generate or distribute content that is defamatory, obscene, harassing, or promotes violence or hatred.
- Infringe the intellectual property rights of any third party.
- Violate the terms of service of any third-party platform to which you publish or distribute content.
- Reverse engineer, decompile, or attempt to extract the source code of the Service or our AI models.
- Use automated means to access the Service in a manner that exceeds normal use or circumvents access controls.
- Misrepresent your identity or affiliation.
We reserve the right to suspend or terminate access to the Service for any violation of this Section, with or without notice.
8. User Responsibility for Published Content
The Service is a tool for content creation and growth. You are solely responsible for reviewing, approving, and deciding whether to publish or distribute any content generated through the Service. Fluxspark is not responsible for:
- The accuracy, appropriateness, or legality of any content you choose to publish or distribute.
- Any violations of third-party platform policies resulting from content you publish or distribute.
- Any third-party claims arising from your published content, including claims of defamation, copyright infringement, or false advertising.
- Any consequences to your accounts or presence on any platform or channel, including restrictions, suspensions, or removal.
By publishing or distributing content generated through the Service, you assume full legal responsibility for that content and its effects.
9. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
We do not guarantee any specific results from use of the Service, including but not limited to follower growth, engagement rates, traffic, conversions, or revenue outcomes, except to the extent expressly set out in a written agreement between the parties. Any performance commitments are solely as specified in such agreements.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Fluxspark Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, arising from or related to your use of the Service, even if we have been advised of the possibility of such damages.
Our total cumulative liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to Fluxspark in the six (6) months preceding the claim, or (b) USD $500. For service engagements governed by a separate written agreement, the liability cap specified in that agreement shall apply; if none is specified, the foregoing cap applies.
11. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Thereafter, such cause of action or claim is permanently barred. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise, to the maximum extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Fluxspark Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) content you publish or distribute using the Service; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.
13. Third-Party Platforms and Channels
The Service may facilitate content creation and distribution across third-party platforms and channels, which may include social media platforms such as TikTok, Instagram, and YouTube, as well as other digital channels. These platforms and channels have their own terms of service, advertising policies, and community guidelines. You are responsible for ensuring that your use of the Service and any content you publish or distribute complies with the applicable terms and policies of those platforms and channels. Fluxspark is not affiliated with or endorsed by any such platforms and is not liable for any action taken by those platforms in relation to your account or content.
14. Modifications to the Service or Terms
We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice. We may also update these Terms from time to time. When we make material changes, we will notify you by: (a) posting the updated Terms on our website at www.2mv.ai and updating the Effective Date; and (b) displaying a prominent notice within the Service platform. Your continued use of the Service after such notification constitutes your acceptance of the updated Terms.
15. Termination
You may terminate your account at any time by contacting us or through account settings. Upon cancellation of a subscription, you will retain access to the Service until the end of your current billing period, after which your account will be downgraded or deactivated. Active service engagements are subject to the termination provisions in the applicable written agreement.
We may suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the Service.
Upon termination, your right to use the Service ceases. Sections 6, 8, 9, 10, 11, 12, and 16 of these Terms shall survive termination.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Nothing in this Section limits any rights you may have under the mandatory consumer protection laws of your country of residence that cannot be waived by contract.
Any dispute arising out of or relating to these Terms or the Service shall first be subject to informal resolution: the party raising the dispute must provide written notice to the other, and the parties shall have 30 days to attempt to resolve it in good faith before initiating formal proceedings.
If the dispute is not resolved informally, it shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration conducted in Wilmington, Delaware. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction. The foregoing arbitration obligation applies to the maximum extent permitted by applicable law.
Opt-Out: If you are an individual (not a business entity) using the Service for personal purposes, you may opt out of the arbitration and class action waiver provisions of this Section by notifying us in writing at hi@2mv.ai within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
You and Fluxspark 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 action, to the maximum extent permitted by applicable law.
17. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy and any applicable written service agreement or order form, constitute the entire agreement between you and Fluxspark with respect to the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to do so in the future.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
- Force Majeure: Fluxspark shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, internet or telecommunications outages, third-party platform changes or outages, or failures of AI model providers or other third-party service providers.
- Language: These Terms are executed in English. In the event of any conflict between an English version and a translated version, the English version shall control.
18. Contact Us
Email: hi@2mv.ai