Terms of Service

1. Acceptance of terms

By creating an account or using VoxBurst (the "Service"), you agree to these Terms of Service and our Acceptable Use Policy, Privacy Policy, and AI Content Policy, each of which is incorporated herein by reference. The Service is operated by FORTHEAN LABS LLC, a Texas limited liability company ("we", "us", "our"). If you do not agree, do not use the Service. "Service" means the VoxBurst platform at voxburst.com, app.voxburst.io, voxburst.io, the VoxBurst API, and all associated subdomains.

2. Account terms

• You must be 18 years or older (or the age of majority in your jurisdiction) to use the Service.
• You are responsible for all activity that occurs under your account.
• You must provide accurate information when creating your account and keep it current.
• You must keep your login credentials secure and notify us immediately of any unauthorized access.
• We may close duplicate free accounts at our discretion where one person or legal entity maintains more than one free account.

3. Acceptable use

You may use VoxBurst for lawful purposes only, subject to our Acceptable Use Policy. You must not violate the terms of service of any connected social media platform, send spam, use the Service to post content that is illegal or infringes third-party rights, or attempt to gain unauthorized access to the Service or its infrastructure.

• Use AI-generated outputs from the Service to train, fine-tune, distill, or benchmark competing AI models, or to reverse-engineer any AI model accessible through the Service.
• Use the Service if you are located in, or are a national or resident of, any jurisdiction subject to comprehensive trade sanctions administered by the United States (OFAC), the European Union, or the United Kingdom.

4. Payment and billing

• Paid plans are billed monthly or annually in advance, in USD.
• Fees are exclusive of applicable taxes (VAT, GST, sales tax). You are responsible for all taxes assessed by your jurisdiction other than taxes on our net income.
• All fees are non-refundable except as stated in our Refund Policy or as required by applicable law.
• We may change our pricing for future billing cycles with 30 days' notice. Annual plans remain at their locked price through the end of the paid annual term.
• If payment fails, your account may be downgraded or suspended after a grace period.
• All fees are stated in US dollars (USD) and are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities on your purchase, excluding taxes on our net income.
• Annual plan pricing is locked for the duration of the paid annual term. Price changes announced during an annual term take effect at renewal only.

5. Content ownership

You retain full ownership of all content you create and publish through VoxBurst. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, transmit, and sub-license (to our infrastructure providers, AI providers we use to operate the Service, and social platforms you connect) your content, solely to provide the Service. This license terminates when your content is deleted, subject to retention for backups or as required by law.

We do not claim ownership of your content. We do not use your content to train foundation AI models. Workspace features such as Brand Voice and Personas process your content solely to personalise your experience within your account, as described in our AI Policy. You may not use content generated through the Service to train, fine-tune, or distill competing AI models. AI-generated outputs may not be unique to your account and Voxburst makes no warranty that they are original or that you acquire intellectual property rights in them.

6. Service availability

We aim for high availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, third-party platform outages, or circumstances outside our control. We are not liable for any losses resulting from service downtime.

7. Termination

You may cancel your account at any time from your account settings. Upon cancellation your plan remains active through the end of the paid period and will not renew. We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.

Data export. You may export your workspace data (posts, drafts, analytics, and account content) at any time from your workspace settings. Following account termination or cancellation, a 30-day export window remains open before data is deleted per our Privacy Policy. Sections 5 (Content Ownership, license grant), 9 (Liability), 10 (Governing Law), 11 (Indemnification), and 14 (General) survive termination.

8. Disclaimer of warranties

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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM SECURITY VULNERABILITIES.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTHEAN LABS LLC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100. FOR USERS ON FREE PLANS, OUR TOTAL LIABILITY IS CAPPED AT USD $100. THIS CAP DOES NOT APPLY TO CLAIMS ARISING FROM OUR GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FRAUD.

10. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Any dispute arising under these Terms that is not resolved informally shall be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction in those courts.

[NOTE: Arbitration clause and class-action waiver to be added following counsel review — see pending legal items.]

11. Indemnification

You agree to indemnify, defend, and hold harmless FORTHEAN LABS LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) content you publish or transmit through the Service; (c) your violation of these Terms or any applicable law; or (d) your infringement of any third-party intellectual property right.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with us.

12. Copyright — DMCA

We respect intellectual property rights. If you believe content on the Service infringes your copyright, please submit a written notice to us through our contact form including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

We will review and act on valid notices in accordance with the Digital Millennium Copyright Act (DMCA). Repeat infringers may have their accounts terminated.

13. Export controls and sanctions

The Service is subject to United States export control laws. You represent that you are not located in, and will not use the Service from, a country subject to a U.S. government embargo or that has been designated a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties (including the OFAC Specially Designated Nationals list). You agree to comply with all applicable export and re-export control laws.

14. General provisions

• Entire agreement. These Terms, together with the incorporated policies, constitute the entire agreement between you and FORTHEAN LABS LLC regarding the Service and supersede all prior agreements.
• Severability. If any provision is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
• Force majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, government actions, internet outages, or third-party platform failures.
• Notices. Notices to you will be sent to the email address associated with your account. Notices to us must be sent through our contact form.
• Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and FORTHEAN LABS LLC.

15. Changes to terms

We may update these Terms at any time. We will provide at least 14 days' notice for material changes (including changes to pricing, liability, dispute resolution, or data handling) via email or in-app notification. Changes to correct errors, add clarity, or reflect new features that do not materially affect your rights may take effect immediately. Continued use of the Service after changes take effect constitutes acceptance.

16. Contact

Questions about these Terms? Contact us.

FORTHEAN LABS LLC
Texas, United States