Terms of Service

Last updated: 1 December 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services provided by UAB Gildium ("Flagley," "we," "us," or "our"), a private limited liability company incorporated under the laws of the Republic of Lithuania.

Our services include our website at https://flagley.com (the "Site") and all related applications, APIs, tools, and services (collectively, the "Services").

The Services allow you to submit content (e.g., URLs, text, images, audio, or video) for automated and/or human-assisted analysis to identify potential risks or "flags" (the "Analysis"), such as profanity, sensitive language, demonetisation risks, shadow-ban risks, or misalignment with platform guidelines.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Eligibility

You may use the Services only if:

  • Minimum Age: You are at least thirteen (13) years old.
  • Age of Majority: If you are under the age of majority in your jurisdiction (e.g., 18 in many countries) but at least 13, you represent that you have reviewed these Terms with your parent or legal guardian who agrees to these Terms on your behalf.
  • Legal Capacity: You have the legal capacity to enter into a binding contract (or your parent/guardian has done so on your behalf).
  • Compliance: You are not prohibited from using the Services under applicable law or sanctions lists.

Business Use: If you use the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

3. Your Account

3.1 Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep this information up to date. We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or if you violate these Terms.

3.2 Account Security

You are responsible for safeguarding your login credentials. You are solely responsible for all activities that occur under your account, whether or not you have authorized them. You must notify us immediately at hello@flagley.com if you suspect any unauthorized use of your account.

4. Description of Services & AI Disclaimer

4.1 How It Works

Flagley provides tools that:

  1. Accept user input such as URLs, text, images, audio, and video ("Content Inputs");
  2. Process these inputs using automated systems (including Artificial Intelligence and Machine Learning models) and/or human review;
  3. Generate scores, labels, summaries, predictions, or other outputs ("Analysis Outputs"); and
  4. Present these outputs via dashboards, reports, or APIs.

4.2 Probabilistic Nature of AI (Important)

You acknowledge that the Services rely on statistical models and machine learning, which are probabilistic in nature. Flagley does not guarantee 100% accuracy.

  • False Positives/Negatives: The Services may incorrectly flag safe content as risky (false positive) or fail to identify risky content (false negative).
  • Contextual Limitations: AI models may not fully grasp context, nuance, satire, or cultural references.

4.3 No Platform Affiliation

Flagley is an independent tool. We are not affiliated with, endorsed by, or connected to any social network, ad network, or hosting platform (e.g., YouTube, TikTok, Meta). References to such platforms are for descriptive purposes only.

5. No Legal Advice; No Compliance Guarantee

The Services and Analysis Outputs are provided for informational purposes only.

By using the Services, you agree that Flagley:

  • Is NOT providing legal advice: The Analysis Outputs do not constitute legal or regulatory compliance advice.
  • Does NOT guarantee outcomes: We do not guarantee that your content will avoid demonetisation, shadow-banning, strikes, removal, or legal liability.
  • Does NOT control third parties: Decisions to ban, block, or limit content are made solely by the third-party platforms, often based on opaque and changing internal policies.

You are solely responsible for your content. You should obtain independent legal advice before making decisions with significant financial or legal consequences.

6. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right.
  • Submit content that contains Child Sexual Abuse Material (CSAM), non-consensual sexual content, or content that incites terrorism or imminent violence.
  • Submit personal data of third parties (especially special categories of data under GDPR) without a lawful basis and appropriate safeguards.
  • Reverse Engineer: Attempt to reverse engineer, decompile, or extract the underlying models, weights, or algorithms of the Services.
  • Prompt Injection: Attempt to manipulate the AI models via "jailbreaking" or prompt injection attacks.
  • Competitor Benchmarking: Use the Services to build a competing product or service, or to benchmark the performance of the Services for competitive analysis.
  • Use bots, scrapers, or automation to access the Services other than through our official API.

We reserve the right to monitor usage and to suspend or terminate any account that violates these rules without refund.

7. User Content and Data Rights

7.1 Ownership

You retain all ownership rights to the Content Inputs you submit. "User Content" includes your Content Inputs and the metadata associated with them.

7.2 License to Flagley

By submitting User Content, you grant Flagley a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, process, and analyze your User Content specifically for the purpose of:

  1. Providing and maintaining the Services;
  2. Generating Analysis Outputs for you; and
  3. Improving our safety systems and AI models (subject to Section 10).

7.3 Aggregated Data

We may generate aggregated, statistical, or anonymised data derived from your use of the Services ("Aggregated Data"). Flagley owns all rights in Aggregated Data, provided it cannot be used to re-identify you or any specific individual.

8. Privacy and Data Protection

8.1 Privacy Policy

Your use of the Services is governed by our Privacy Policy (available at https://flagley.com/privacy-policy).

8.2 Data Processing Addendum (DPA)

If you are a business customer and submit Personal Data to the Services subject to data protection laws (e.g., GDPR, UK GDPR) in a way that means Flagley processes this data on your behalf, the following terms apply:

  1. Roles: You are the Data Controller (or Data Sub-Controller), and Flagley is the Data Processor.
  2. Processing Details: The processing scope, duration, nature, and purpose are defined by the provision of the Services as described in these Terms. The categories of data subjects and Personal Data are determined by the User Content you choose to submit.
  3. Controller Obligations: You warrant that you have all necessary rights, lawful bases (e.g., consent or legitimate interest), and valid notices in place to transfer the Personal Data to Flagley for processing.
  4. Processor Obligations: Flagley will process the Personal Data only on your documented instructions (i.e., to provide the Services), maintain appropriate technical and organizational security measures, and ensure our personnel are committed to confidentiality.
  5. Sub-processors: You generally authorize Flagley to engage third-party sub-processors (e.g., cloud hosting providers) to assist in providing the Services. Flagley will maintain a list of material sub-processors upon request.

9. Data Retention

We retain User Content for as long as your account is active or as necessary to provide the Services, comply with legal obligations, and resolve disputes. You may request deletion of specific User Content or your entire account by contacting hello@flagley.com. We will delete or anonymise such data within a reasonable timeframe, subject to technical backups and legal retention requirements.

10. AI Model Training

To improve the accuracy of our Services, we may use User Content and Analysis Outputs to train and fine-tune our machine learning models.

  • Opt-Out: You may opt out of having your data used for training purposes via your account settings or by contacting support.
  • Effect of Opt-Out: If you opt out, your data submitted after the opt-out date will not be used for model training.

11. Subscriptions, Credits, and Payments

11.1 Subscriptions and Credits

Services are sold on a subscription basis or via credit packs.

  • Credits: Access to analysis features consumes "Credits." The cost per analysis is defined in the Service interface.
  • Expiration: Unused credits expire automatically at the end of the current billing cycle and DO NOT roll over to the next period.

11.2 Payments and Taxes

You authorize us to charge your payment method for all fees. Fees are exclusive of VAT and other taxes, unless stated otherwise. You are responsible for all applicable taxes based on your jurisdiction.

11.3 Cancellation and Auto-Renewal

Subscriptions automatically renew. You may cancel at any time via your account settings. Cancellation takes effect at the end of the current billing period. You will retain access until the period ends.

11.4 Refunds and Cooling-Off Period (EU Consumers)

  • General: All fees are non-refundable to the extent permitted by law.
  • EU Right of Withdrawal: If you are an EU consumer, you generally have a 14-day right of withdrawal. However, by purchasing digital content (Credits/Subscriptions) and starting to use the Services (e.g., performing an analysis), you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the performance has begun.

12. Service Availability

We do not guarantee that the Services will be available at all times. We may experience hardware, software, or other failures. We are not liable for any loss of data or business disruption resulting from service downtime. We do not offer a Service Level Agreement (SLA) unless agreed in a separate written contract.

13. Intellectual Property

Except for User Content, Flagley owns all rights, title, and interest in the Services, the Site, the Flagley Content, and the underlying technology, software, and AI models. You are granted a limited, revocable, non-transferable license to use the Services solely for your internal business or personal use.

14. Marketing (Publicity)

Unless you opt out via email to hello@flagley.com, you grant Flagley the right to use your name and logo on our website and marketing materials to identify you as a user of the Services.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

FLAGLEY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

16. Limitation of Liability

To the maximum extent permitted by law:

  1. Indirect Damages: Flagley shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill.
  2. Liability Cap: Flagley's total aggregate liability for all claims arising out of or related to these Terms shall not exceed the greater of: (a) the amount you paid to Flagley in the twelve (12) months prior to the event giving rise to the claim; or (b) €100 EUR.

Exclusions: Nothing in these Terms excludes liability for fraud, willful misconduct, gross negligence (where required by local law), or death/personal injury caused by our negligence.

17. Indemnification

You agree to indemnify and hold Flagley, its officers, directors, and employees harmless from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right or law.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of the Republic of Lithuania, without regard to conflict of law principles.

18.2 Jurisdiction

You agree that the courts located in Vilnius, Lithuania shall have exclusive jurisdiction over any disputes, subject to mandatory consumer protections that may apply in your country of residence.

18.3 EU Online Dispute Resolution (ODR)

If you are a consumer in the EU, you can also use the ODR platform provided by the European Commission to resolve disputes: http://ec.europa.eu/consumers/odr.

19. Miscellaneous

  • Changes: We may update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.
  • Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
  • Assignment: You may not assign these Terms without our consent. We may assign them without restriction.
  • Sanctions: You represent that you are not located in a country subject to comprehensive EU or US government sanctions, nor are you a prohibited party under such sanctions.

20. Contact Information

UAB Gildium
Republic of Lithuania
Email: hello@flagley.com