These Terms & Conditions ("Terms") are a legally‑binding agreement between you ("Client," "you," or "your") and Flatbush Industries LLC, 21 E 32 Street, Brooklyn, NY 11226, USA ("&Human," "we," "our," or "us"). By purchasing, subscribing to, or otherwise using any &Human services, websites, applications, or other offerings (collectively, the "Services"), you agree to be bound by these Terms.
EU Representative
Pursuant to Art. 27 GDPR, Flatbush Industries LLC is represented in the European Union by Olaf Kreitz, reachable at hello@andhuman.ai.
1. Scope of Services
1.1 Agency & Collaboration. &Human provides AI‑driven creative, branding, and marketing services delivered by proprietary software agents (the "Agents") and supervised human project managers.
1.2 Subscription vs. Project‑Based Work. Service tiers, deliverables, timelines, and fees are defined in (i) a signed statement of work ("SOW"), (ii) an online order form, or (iii) the pricing page on andhuman.ai (each an "Order"). If an Order conflicts with these Terms, the Order prevails.
1.3 Service Nature. The Services are provided on a commercially reasonable efforts basis and are not guaranteed to be error‑free, uninterrupted, or to achieve any particular business outcome or result.
2. Acceptance & Changes
2.1 Your access to the Services constitutes acceptance of these Terms.
2.2 We may modify the Terms at any time by posting the updated version on andhuman.ai. Material changes become effective 30 days after posting; continued use after that constitutes acceptance.
2.3 If you do not agree to any updated Terms, your sole remedy is to stop using the Services and cancel any active subscriptions.
3. Client Obligations
3.1 Accurate Information. You must provide complete and accurate briefing materials, brand assets, and feedback within agreed review windows.
3.2 Approvals. Deliverables are deemed accepted if no revisions are requested within seven (7) calendar days of delivery. Following acceptance (including deemed acceptance), any further changes constitute new work and may be subject to additional fees. This does not apply to work generated by AI agents.
3.3 Usage Rights. You represent that any materials you supply (logos, fonts, third‑party images, data, etc.) do not infringe the rights of others and that you have secured all necessary licences.
3.4 Review and Use of Deliverables. You are solely responsible for reviewing, approving, and determining the suitability of all deliverables (including AI‑generated content) before use, publication, or reliance, and for ensuring that such use complies with all applicable laws, industry‑specific regulations, and internal policies.
3.5 Access Security. You are responsible for maintaining the confidentiality and security of your accounts, login credentials, and access to any collaboration tools, and for all activities that occur under your accounts.
4. Fees & Payment
4.1 All fees are stated net of taxes and are payable in U.S. dollars (or a currency offered by Dodo Payments) via credit card, unless otherwise agreed.
4.2 Subscriptions are billed in advance.
4.3 Late payment accrue interest at 1.5 % per month (or the maximum rate permitted by law) and may result in service suspension.
4.4 Except where prohibited by law or expressly stated otherwise in an Order, all fees are non‑refundable, including in the event of early termination, service interruptions, or dissatisfaction with the deliverables.
5. Intellectual Property
5.1 Pre‑existing IP. Each party retains ownership of intellectual property it owned prior to the engagement.
5.2 Deliverables. Upon full payment, &Human assigns to you all right, title, and interest in and to the final accepted deliverables, excluding (i) &Human’s underlying software, algorithms, and workflows, and (ii) third‑party content subject to separate licences.
5.3 Portfolio Use. You grant &Human a perpetual, non‑exclusive licence to display non‑confidential deliverables in its portfolio and marketing materials unless you opt out in writing.
5.4 AI‑Generated Content. To the extent any deliverables are generated or assisted by AI, you acknowledge that such outputs may be similar to outputs provided to other clients or third parties and that &Human does not provide any representation or warranty regarding the uniqueness or exclusivity of such outputs.
6. Confidentiality & Data Protection
6.1 Each party shall keep the other party’s non‑public information confidential for five (5) years after disclosure.
6.2 GDPR / CCPA. Personal data is processed in accordance with our Privacy Policy. Where required, the parties shall enter into a data‑processing agreement.
6.3 Security; No Absolute Guarantee. &Human implements commercially reasonable technical and organisational measures to protect information processed in connection with the Services; however, no system can be completely secure, and &Human does not guarantee against all unauthorised access, disclosure, or loss of data.
6.4 Data Breaches. In the event of a confirmed personal‑data breach affecting your data, &Human will notify you without undue delay after becoming aware and will provide information reasonably required for you to comply with applicable notification obligations. Except where prohibited by law, &Human’s obligations in connection with any such breach are limited to this notification duty and reasonable cooperation, and any related liability is subject to the limitations in Section 8.
7. Warranty Disclaimer
7.1 The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and uninterrupted availability.
7.2 Creative concepts may incorporate large‑language‑model outputs. You acknowledge inherent limitations of generative AI, including potential factual inaccuracies or bias, and agree to independently verify critical content.
7.3 No Professional Advice. The Services and any deliverables do not constitute legal, financial, accounting, or other professional advice, and you should consult appropriately qualified professionals before relying on any deliverables for such purposes.
7.4 No Service Level Commitment. Unless expressly stated in an Order, &Human does not provide any uptime, availability, response‑time, or performance service‑level commitments and may modify or suspend the Services, in whole or in part, at any time in accordance with Section 12 (Force Majeure) and Section 10 (Term & Termination).
8. Limitation of Liability
8.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, special or punitive damages, nor for lost profits or revenue, even if advised of the possibility.
8.2 Cap. Except for (i) your payment obligations and (ii) your indemnification obligations under Section 9, each party’s aggregate liability arising out of or relating to the Services and these Terms shall not exceed the lesser of (a) the amounts paid by you to &Human in the three (3) months immediately preceding the event giving rise to the claim or (b) US $5,000.
8.3 Sole and Exclusive Remedies. Your sole and exclusive remedies for any claims arising out of or relating to the Services or these Terms are (i) re‑performance or revision of the applicable Services or deliverables, or (ii) where &Human determines, in its discretion, that re‑performance is not commercially reasonable, a refund of fees paid for the affected portion of the Services, in each case subject to the limitations set out in this Section 8.
8.4 The limitations in this Section 8 apply to all theories of liability (whether in contract, tort, negligence, strict liability, or otherwise), even if a remedy fails of its essential purpose.
9. Indemnification
You shall indemnify and hold &Human harmless from any third‑party claim arising out of (i) materials you supply, (ii) your misuse of the Services, or (iii) your violation of these Terms.
9.1 Client Indemnity. You shall indemnify, defend, and hold harmless &Human and its owners, officers, employees, and contractors from and against any third‑party claim, demand, loss, damage, or expense (including reasonable attorneys’ fees) arising out of or relating to (i) materials, data, or instructions you supply, (ii) your use or misuse of the Services or deliverables, (iii) your violation of these Terms, or (iv) your violation of any law or third‑party rights in connection with your use of the Services.
9.2 AI / Output Indemnity Exclusion. To the maximum extent permitted by law, &Human shall have no liability and you shall not be entitled to indemnification or reimbursement from &Human for any claims, losses, or damages arising from your use of AI‑generated or AI‑assisted outputs, including where such outputs are inaccurate, incomplete, infringing, or otherwise unsuitable for your particular use case.
10. Term & Termination
10.1 These Terms apply from your first use of the Services and continue until terminated.
10.2 Either party may terminate an Order for material breach if the breach is not cured within ten (10) days of written notice.
10.3 Upon termination, you must pay all fees accrued through the termination date, after which &Human will deliver any in‑progress work “as is.”
10.4 Suspension. Without limiting any other rights, &Human may suspend or restrict access to the Services, in whole or in part, immediately upon notice if (i) you fail to pay any undisputed amounts when due, (ii) &Human reasonably believes your use of the Services poses a security risk or may subject &Human or any third party to liability, or (iii) you otherwise materially breach these Terms.
10.5 Effect of Termination. Upon termination or expiration of all Orders, your right to access and use the Services will cease, and, except as required by law, &Human has no obligation to maintain or provide any data or deliverables beyond any period expressly stated in an Order.
11. Governing Law & Dispute Resolution
11.1 These Terms are governed by the laws of the State of New York, USA, without regard to conflict‑of‑law rules.
11.2 All disputes shall be resolved exclusively in the state or federal courts located in New York County, New York. Each party irrevocably submits to such jurisdiction.
11.3 The U.N. Convention on Contracts for the International Sale of Goods does not apply.
12. Miscellaneous
Assignment
&Human may assign these Terms in connection with a merger or sale of assets; you may not assign without our prior written consent.
Force Majeure
Neither party is liable for any delay or failure to perform its obligations (except payment obligations) due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, power or internet failures, failures of hosting providers or third‑party platforms, cyber‑attacks (including DDoS), pandemics, governmental actions, or changes in law.
Severability
If any provision is held unenforceable, the remaining provisions remain in effect.
Entire Agreement
These Terms, together with any Orders, constitute the entire agreement and supersede all prior proposals and communications.
Headings
Section headings are for convenience only and have no legal effect.
13. Contact
Questions about these Terms?
Flatbush Industries LLC
21 E 32 Street
Brooklyn, NY 11226, USA
hello@andhuman.ai
In the EU: Olaf Kreitz – hello@andhuman.ai
© 2025 Flatbush Industries LLC. All rights reserved.