Terms of Service

1. Agreement to these Terms

These Terms of Service (the "Terms") form a binding agreement between you and Flyletter ("Flyletter," "we," "us," "our"), and govern your access to and use of the Flyletter website at flyletter.io and the application at app.flyletter.io (together, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

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

Section 14 contains a binding arbitration agreement and class action waiver. Read it carefully.

2. Eligibility

To use the Service you must (a) be at least 18 years old or the age of majority in your jurisdiction, (b) have the legal capacity to enter into a binding contract, and (c) not be barred from using the Service under applicable law (including US, EU, and UN economic sanctions or export control regulations).

3. Accounts

Authentication. Authentication is handled by our subprocessor Clerk, Inc. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorized use.

Accuracy. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

One account per person. You may not maintain multiple accounts to circumvent plan limits.

4. Description of the Service

Flyletter is a software platform that:

• builds a brand profile from writing samples you provide;
• runs a multi-agent AI pipeline (combining third-party AI providers with Flyletter's own software) to draft, edit, illustrate, and prepare newsletters and related social content based on inputs you provide; and
• exports finished newsletters to third-party publishing platforms you connect.

The Service generates output that you should always review before publishing. The Service is not a legal, financial, medical, or other professional advisor.

5. Plans, billing, and payment

Plan details, prices, and inclusions are listed at flyletter.io/#pricing and are incorporated by reference. Pricing in effect at the time you start a paid subscription applies until modified per Section 5(g).

(a) Free tier. The free tier allows up to three lifetime newsletter generations and one brand profile. The free tier does not require a credit card and is offered subject to availability and these Terms.

(b) Paid subscriptions. Paid subscriptions ("Creator," "Pro," and any successor plans) are billed monthly or annually in advance through our payment processor, Stripe, Inc. Each plan includes a per-period generation limit; unused generations do not roll over to the next period. Annual plans are discounted from the monthly rate; the saving is shown on the pricing page.

(c) Free trial. New users may start a Creator or Pro subscription with a 14-day free trial. The trial does not require a payment method up front. If you do not add a payment method before the trial ends, your subscription will be canceled and your account will be downgraded to the free tier. If a payment method is on file when the trial ends, your subscription will become active and the first invoice will be charged at the price disclosed when you started the trial. You may add only one trial per account; subsequent paid subscriptions begin charging immediately.

(d) Overage charges. If you exceed your plan's per-period generation limit, additional generations are billed at the per-newsletter overage rate listed on the pricing page. By generating an additional newsletter after confirmation of the overage, you authorize Flyletter (through Stripe) to charge your payment method on file. Overages are billed in arrears.

(e) Taxes. Prices listed exclude applicable taxes (sales tax, VAT, GST). Stripe calculates and collects taxes through its automatic tax service; you are responsible for any taxes attributable to your purchase except taxes on Flyletter's net income.

(f) Payment authorization. By providing a payment method, you authorize Flyletter and Stripe to charge that method for the subscription fees, taxes, and any overage charges due. If a charge fails, we may retry the charge per Stripe's standard retry schedule. Continued failure may result in suspension or downgrade per Section 5(j).

(g) Price changes. We may change subscription prices. We will give at least 30 days' advance notice by email before a price change takes effect for an existing subscription. Price changes take effect at the start of the next billing period that begins after the notice period. If you do not agree to the new price, you may cancel before it takes effect.

(h) Refunds. All charges are non-refundable except where required by law or where Flyletter expressly offers a refund. Cancellation stops future charges but does not refund the current billing period. Annual subscriptions are not refunded mid-term.

(i) Cancellation. You may cancel your subscription at any time through the account dashboard, which opens a Stripe Customer Portal session. Cancellation takes effect at the end of the then-current billing period; until that date your subscription remains active and you retain access to the paid features. After the period ends, your account is downgraded to the free tier.

(j) Suspension for non-payment. If a payment fails and we are unable to collect within Stripe's standard retry window, we may suspend your access to paid features and downgrade your account to the free tier until payment is current.

6. Your content and license to Flyletter

Definition. "Your Content" means writing samples, brand profile data, drafts, ideas, images, integration metadata, and any other content you submit to or create with the Service.

Ownership. You retain all rights, title, and interest in Your Content. You represent that you have all rights necessary to submit Your Content to the Service and that Your Content does not infringe or misappropriate the rights of any third party.

License to Flyletter. You grant Flyletter a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, modify, and process Your Content for the sole purpose of operating, securing, and improving the Service for you. This license terminates when Your Content is deleted, except for residual copies in encrypted backups, which expire on the schedule described in our Privacy Policy.

No training on shared models. Flyletter does not use Your Content to train shared AI models. Our subprocessor contracts with Anthropic and Google Vertex AI include the same commitment from them. We may use aggregated, de-identified data derived from Service usage to operate, debug, and improve the Service, but not in any way that allows reconstruction of Your Content.

Export. You may export Your Content from the account dashboard at any time. After cancellation, we delete Your Content per the schedule in our Privacy Policy.

7. AI-generated output

Definition. "Output" means the text, images, and other material the Service generates from your inputs.

Ownership. As between you and Flyletter, and to the extent permitted by applicable law and the underlying terms of the AI providers we use, you own the Output you generate from your inputs and may use it for any lawful purpose. AI-generated Output may not be eligible for copyright protection in some jurisdictions; you are responsible for understanding the legal status of Output you publish.

No guarantees. Output may contain factual errors, fabrications, or material that resembles existing work. Flyletter does not guarantee that Output is accurate, original, or non-infringing. You are responsible for reviewing Output before publishing or relying on it.

Provider terms. Output is generated using third-party AI services (currently Anthropic Claude and Google Vertex AI). Your use of Output is subject to the use policies of those providers in addition to these Terms.

8. Acceptable use

You agree not to use the Service to:

• generate, distribute, or facilitate illegal, defamatory, harassing, or fraudulent content;
• generate content depicting child sexual abuse material, content promoting terrorism or violent extremism, or other content prohibited by law or by the use policies of our AI providers;
• impersonate another person or misrepresent your affiliation with another person or entity;
• attempt to reverse-engineer, decompile, scrape, or extract Flyletter's systems beyond the documented API;
• circumvent or interfere with security, rate-limiting, or access-control features;
• resell access to the Service or use the Service on behalf of third parties without our prior written permission, except via Flyletter's Managed Service offering;
• submit malware, spam, or content designed to damage the Service or harm other users;
• export or re-export the Service to embargoed countries or sanctioned individuals (see Section 17); or
• use the Service in violation of any applicable law or regulation.

We may suspend or terminate accounts that violate this Section. Where feasible, we will provide notice and a 30-day opportunity to cure; in cases of clear or repeated abuse, we may suspend immediately without notice.

9. Beta features

From time to time we may make features available on a beta, preview, or experimental basis (currently including the Claude MCP connector and any feature explicitly labeled beta or preview). Beta features are provided "AS IS," may be discontinued or modified at any time, and are excluded from any service-level commitments.

10. Third-party services

The Service depends on third-party providers, including Anthropic, Google, Cloudinary, Clerk, Stripe, Loops, Webshare, and Railway. Our Privacy Policy describes what data each receives. Service availability depends in part on these providers; outages, modifications, or terminations of their services may affect Flyletter. We are not responsible for issues caused by third-party services.

When you connect an integration (beehiiv, Kit, Mailchimp, WordPress, or others), your use of that platform is governed by that platform's terms, not by Flyletter's Terms.

11. Intellectual property

Flyletter IP. Flyletter's name, logo, marks, software, source code, documentation, and any improvements or derivatives are owned by Flyletter and protected by intellectual property law. Subject to your compliance with these Terms, Flyletter grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during your subscription. These Terms do not transfer any other rights in Flyletter IP to you.

Feedback. If you send Flyletter suggestions, feedback, or ideas about the Service, you grant Flyletter a perpetual, worldwide, royalty-free license to use them without restriction or compensation.

Trademarks. "Flyletter" and the Flyletter logo are trademarks of Flyletter. You may not use them without our prior written permission.

12. Copyright complaints

Flyletter respects the intellectual property rights of others and expects users of the Service to do the same. If you believe content stored or generated on the Service infringes your copyright, send a written complaint to [email protected] with the subject line "Copyright Complaint" and include:

• your name and contact information (email address; postal address and telephone if you would like a response by those channels);
• identification of the copyrighted work you believe has been infringed (a title, URL, or description sufficient for us to identify it);
• identification of the material on the Service that you believe infringes that work, including a URL or other information sufficient for us to locate it;
• a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in your complaint is accurate; and
• a statement that you are the copyright owner or are authorized to act on the copyright owner's behalf.

We review good-faith complaints and may remove or disable access to material that we determine, in our sole discretion, is infringing. We may also terminate the accounts of users who repeatedly post infringing material. Flyletter has not designated an agent under 17 U.S.C. § 512(c) and does not claim the safe-harbor protections of that section; we handle copyright complaints as a matter of policy, not as a registered service provider.

If your material is removed in response to a complaint and you believe the removal was in error, you may contact [email protected] with the subject line "Copyright Complaint Counter-Notice" and provide your name, contact information, identification of the removed material, and a statement explaining the basis for your belief that the removal was in error.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLYLETTER DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FIT FOR YOUR PARTICULAR USE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUTPUT WILL BE ACCURATE, ORIGINAL, OR NON-INFRINGING.

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

14. Binding arbitration and class action waiver

Read this Section carefully. It affects your legal rights.

(a) Agreement to arbitrate. Any dispute arising out of or relating to these Terms or your use of the Service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, instead of in court, except as provided in subsection (e). The arbitrator, not any court or agency, will have exclusive authority to resolve Disputes, including the scope and enforceability of this arbitration agreement.

(b) Procedure. Arbitration will be conducted by a single arbitrator. The seat of arbitration is Travis County, Texas, and the arbitration may proceed in person, by phone, by video, or by written submissions, at the parties' agreement or the arbitrator's direction. The arbitrator may award only the same damages and relief that a court could award.

(c) Costs. AAA filing, administration, and arbitrator fees will be allocated according to the AAA Consumer Arbitration Rules. If you believe the costs are prohibitive, contact us at [email protected] and we will discuss reasonable alternatives.

(d) Class action waiver. You and Flyletter agree that any Dispute will be brought in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

(e) Exceptions. Either party may bring (i) an individual action in small claims court for any Dispute within that court's jurisdiction; (ii) an action for injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights; or (iii) an action permitted under applicable law that cannot be subject to arbitration.

(f) 30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your full name, account email, and a statement that you are opting out. Opting out of arbitration does not affect any other part of these Terms.

(g) Severability. If any part of this Section 14 is found unenforceable, that part will be severed and the rest will remain in effect, except that if the class action waiver in subsection (d) is unenforceable, this entire Section 14 is unenforceable.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLYLETTER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF FLYLETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FLYLETTER'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID FLYLETTER IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Flyletter, its affiliates, officers, employees, and agents from and against any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, (c) your violation of any third-party right (including intellectual property rights), or (d) Output you publish or distribute. Flyletter will give you prompt notice of any claim subject to this Section, allow you to control its defense and settlement (provided that you may not settle in a way that imposes obligations on Flyletter without our written consent), and provide reasonable cooperation at your expense.

17. Export controls and sanctions

You represent that you are not located in, and will not use the Service from, a country subject to a comprehensive US embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not on any US government list of prohibited or restricted persons, including the US Treasury OFAC SDN List. You agree to comply with all applicable export control and sanctions laws.

18. Termination

By you. You may stop using the Service and cancel your subscription at any time per Section 5(i).

By us. We may suspend or terminate your account if (a) you materially breach these Terms and do not cure within 30 days of written notice (or immediately if the breach cannot be cured), (b) we are required to do so by law, or (c) we discontinue the Service generally.

Effect of termination. On termination, your right to access and use the Service ends. The following Sections survive termination: 6 (license to Flyletter, ownership), 7 (AI Output), 11 (IP), 12 (copyright complaints), 13 (warranty disclaimer), 14 (arbitration), 15 (liability), 16 (indemnification), 17 (export), 18 (termination), 19 (governing law), and 23 (general).

You may export Your Content before termination per Section 6. After termination, Your Content is deleted on the schedule in our Privacy Policy.

19. Governing law and forum

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles. Subject to Section 14 (Arbitration), any Dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective" date at the top of this page and notify you by email and through an in-app notice at least 30 days before the change takes effect, unless a shorter notice period is required by law or the change is to your benefit. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service before the effective date and your account will be downgraded or closed per the standard cancellation flow.

21. Force majeure

Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, riots, pandemics, government actions, internet or utility outages, or third-party service failures. The affected party will use reasonable efforts to resume performance.

22. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent; any attempted assignment is void. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to an affiliate, on notice to you.

23. General

Entire agreement. These Terms, together with the Privacy Policy and any pricing page or order form expressly incorporated, are the entire agreement between you and Flyletter regarding the Service and supersede any prior agreements on the same subject.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Notices to Flyletter. Send legal notices to [email protected] with the subject line "Legal Notice," and a copy by postal mail to 3601 Menchaca Road #101, Austin, TX 78704. Notices are effective on receipt.

Notices to you. We may send notices to the email address associated with your account or post them in the Service. Notices to you are effective when sent.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

Relationship of parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Flyletter.

Headings. Section headings are for convenience only and do not affect interpretation.

Language. These Terms are written in English. If any translation is provided, the English version controls.

24. Contact

Questions about these Terms: [email protected].

Postal mail: 3601 Menchaca Road #101, Austin, TX 78704