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Terms of Service

Last updated: October 27, 2025

Acceptance of Terms

Welcome to Flame. By accessing or using our video assignment platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including teachers, students, administrators, and any other individuals who access or use the Service on behalf of an educational institution.

This Service is built on Setlist infrastructure. By using Flame, you also agree to comply with the Setlist Terms of Service as they relate to the underlying infrastructure and hosting services.

Description of Service

Flame is a video assignment platform designed for K-12 educational institutions. The Service enables:

  • Teachers to create video assignments, manage classes, and grade student submissions
  • Students to upload video submissions, save drafts, and receive feedback
  • Administrators to manage users, monitor usage, and access analytics
  • Secure storage and delivery of educational video content up to 5GB per file
  • Rubric-based grading, group project management, and submission tracking

User Accounts and Registration

Account Creation

To use the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials and accept responsibility for all activities under your account
  • Immediately notify us of any unauthorized use of your account
  • Not share your account credentials with others

Age Requirements

The Service is intended for use in educational settings. Students under 13 may use the Service only with the consent and supervision of their school and in compliance with the Children's Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA).

Institutional Accounts

Educational institutions are responsible for managing user accounts within their organization, ensuring compliance with applicable laws, and maintaining appropriate permissions and access controls.

Acceptable Use Policy

You agree to use the Service only for lawful educational purposes. You may not:

  • Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Violate any local, state, national, or international law or regulation
  • Infringe upon or violate the intellectual property rights of others
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks
  • Use any robot, spider, scraper, or other automated means to access the Service
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature
  • Use the Service to store or distribute content unrelated to educational purposes
  • Engage in any activity that could damage, disable, overburden, or impair the Service

Content and Intellectual Property

Your Content

You retain all ownership rights to the content you upload to the Service ("User Content"). By uploading User Content, you grant Flame a limited, non-exclusive, royalty-free license to:

  • Store, process, and transmit your User Content
  • Display your User Content to authorized users within your educational institution
  • Perform technical operations necessary to provide the Service
  • Create backup copies and ensure data redundancy for reliability

This license terminates when you delete your User Content or your account, except for backup copies retained according to our data retention policies.

Flame's Intellectual Property

The Service, including its design, features, functionality, and all content provided by Flame (excluding User Content), is owned by Flame and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

Copyright Infringement

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us at copyright@flame.app with:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing
  • Your contact information
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement that the information in the notification is accurate

Storage and File Size Limits

Your subscription plan determines your storage capacity and file size limits:

  • Starter Plan: 500GB total storage, up to 5GB per file
  • Professional Plan: 2TB total storage, up to 5GB per file
  • Enterprise Plan: 10TB total storage, up to 5GB per file

If you exceed your storage limit, you may be required to delete content or upgrade your plan. We reserve the right to suspend uploads if storage limits are exceeded.

Payment and Subscription Terms

Subscription Plans

Flame offers monthly subscription plans. By subscribing, you agree to pay the fees associated with your selected plan.

Billing

Subscription fees are billed monthly in advance. You authorize us to charge your payment method on a recurring basis. If payment fails, we may suspend your access to the Service until payment is received.

Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused portions of your subscription.

Price Changes

We reserve the right to modify our pricing. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We are committed to complying with the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and other applicable education privacy laws. We act as a school official with legitimate educational interests in student records and use student data solely to provide the Service.

For information about how Setlist handles data at the infrastructure level, please review the Setlist Privacy Policy.

Service Availability and Modifications

We strive to provide reliable service with 99.9% uptime. However, we do not guarantee that the Service will be available at all times or that it will be error-free. We may:

  • Modify, suspend, or discontinue any aspect of the Service at any time
  • Impose limits on certain features or restrict access to parts of the Service
  • Perform scheduled maintenance with advance notice when possible

We will make reasonable efforts to notify you of significant changes or planned maintenance that may affect your use of the Service.

Termination

Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your access to the Service will cease, and your User Content will be deleted according to our data retention policies.

Termination by Flame

We reserve the right to suspend or terminate your account if:

  • You violate these Terms
  • Your payment fails or your account is past due
  • We believe your use of the Service poses a security risk or may harm us or other users
  • We are required to do so by law

We will provide reasonable notice before termination when possible, except in cases of serious violations or legal requirements.

Effect of Termination

Upon termination, all licenses granted to you will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLAME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, or other harmful code that may be transmitted through the Service
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content

IN NO EVENT SHALL FLAME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO FLAME IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless Flame, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Flame is incorporated, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flame regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Flame's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

Contact Information

If you have questions about these Terms, please contact us at legal@flame.app.

For questions about Setlist's terms and infrastructure, please refer to the Setlist Terms of Service.

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