Terms of service

IndieAM is a marketing service for small businesses, based in California, USA. "We" and "us" mean IndieAM.

Each business that uses IndieAM is our customer. The business pays for IndieAM, and it's responsible for what's made and posted for it and for the promises a business makes in these terms. If you run your business on your own, without a company, the business is you.

Everyone who signs in to IndieAM, Owners and Members alike, agrees to follow these terms when using it. "You" means you as that person, and your business wherever these terms talk about what a business pays, owns, approves, or is responsible for. A Member doesn't take on the business's payments personally.

You agree to these terms when you choose I agree in IndieAM or at checkout, and by using IndieAM.

You can reach us at hello@indieam.com about anything in these terms.

You must be 18 or older and use IndieAM for a business, not for personal use. If you accept these terms for a business, you confirm you're allowed to, and the business is bound by them. IndieAM is for businesses in the United States.

Keep your sign-in to yourself. Owners choose who joins their business, and the business is responsible for what its team does in IndieAM.

IndieAM is charged per business, every month, at the price shown on this site and at checkout, plus tax where it applies. It renews every month, on the day shown on the business's billing screen, until it's cancelled. Only the business's Owners can start, change, or cancel the plan, or buy media credits.

If the price changes, we'll email the business's Owners at least 30 days before the new price applies to it.

A free trial lasts 30 days. You add a card to start it, and it's offered once per person and once per business.

We'll email you a reminder 7 days before the trial ends. When it ends, the first monthly payment is taken from your card, unless you cancelled before then. If you cancel during the trial, you can keep using IndieAM until it ends, and you aren't charged.

AI pictures and animations use media credits. The plan includes an allowance of them for each billing period, shown on your billing screen, and a smaller one for the whole free trial. Plan credits you don't use in a period don't carry over.

Once the free trial has ended, Owners can buy more credits in packs. Bought credits don't expire, but they can only be used while the business's billing is active, including while we retry a failed payment. If billing stops, they're kept with the business and can be used again if billing restarts. If the business is deleted (see When billing stops), they're lost, without a refund.

Credits are used only when a picture or animation is actually made, including one you later discard. One that couldn't be made uses none. Credits have no cash value and can't be moved to another business or exchanged, except for the refund if we stop offering IndieAM.

We may change the price of credit packs at any time; credits already bought keep working as before. If we raise how many credits a picture or animation uses, we'll give 30 days' notice (see Changes to IndieAM).

An Owner can cancel at any time from the business's billing screen in IndieAM. Cancelling takes effect at the end of the current period: you keep using IndieAM until then, and you aren't charged again.

If you cancel during the free trial, you aren't charged at all.

Payments are not refunded, including for a period you only partly used and for bought media credits, used or not, except where the law requires a refund, when you cancel instead of agreeing to changed terms, or when we stop offering IndieAM (see below).

If a payment fails, we retry it for up to 2 weeks, and you keep full use of IndieAM meanwhile. You can update your card at any time from the billing screen. If the payment still hasn't gone through after that, billing stops.

When billing for a business stops, because it was cancelled or a payment failed, the business becomes read-only: you can still sign in and see everything, but nothing new is made, posts are no longer published automatically, and its bought media credits can't be used until billing restarts. Until the business is deleted, you can restart billing and carry on where you left off.

We may delete a business once its billing has been stopped for at least 30 days, with everything in it, including its unused media credits.

What you put into IndieAM - your business information, photos, clips, and recordings - stays yours. We use it only to provide IndieAM to you, as described in our privacy notice.

To do that, you allow us and our service providers to store, copy, and process your content, to change it (for example, cropping a photo, putting words on it, or making a video from your clips), and to publish it to the accounts you connect. When you connect an account, you authorize us and our publishing service to post your approved posts to it and to read how they did, on your behalf. This permission is only for providing IndieAM to your business, and it ends when the content is deleted, apart from posts already published and copies kept for a limited time in backups.

What IndieAM makes for your business - ideas, plans, posts, pictures, and videos - is yours to use, in IndieAM or anywhere else, subject to other people's rights in what went into it and to the labelling rules below. We give you whatever rights we have in it. Because it's made with AI, we can't promise it's unique, that nobody else gets something similar, or that it's protected by copyright.

You're responsible for everything you approve and post, whether IndieAM publishes it for you or you post it yourself. That includes the facts and claims in it, having the rights to the photos, people, and music in it, following each platform's rules, labelling AI-made content where a platform's rules or the law ask for it, and making clear to viewers when a voice in a video was made by AI.

Upload only what you have the right to use in your marketing: photos and clips you took or own, or have a license or permission to use for this.

• If someone can be recognized in a photo, clip, or recording, such as a customer or someone on your staff, you need their permission to use it in your marketing. For anyone under 18, you need their parent's or guardian's permission.
• A voiceover must be your own voice, or the voice of someone who has agreed to it.
• Don't upload private or confidential material, such as ID documents, card numbers, or screenshots showing other people's personal details. IndieAM is for material you mean to use in your posts.
• Don't use AI pictures or animations to make a real person seem to say or do something they didn't, or to look like someone they aren't, unless they've agreed to it.

We may remove anything that breaks these rules. We report content that sexually exploits children to the authorities, as the law requires.

If someone else makes a claim against IndieAM because of your business's content, what it approved or posted, or its use of IndieAM in a way these terms don't allow, your business will defend IndieAM and pay what it costs, including reasonable legal fees and any amount awarded or agreed. This doesn't cover a claim, or the part of one, caused by our own mistake or by our breaking these terms, such as publishing something you didn't approve.

We'll tell you about the claim promptly, let your business handle it, and help as reasonably needed, at your business's cost. Your business can't settle it in a way that admits fault for us or makes us pay, unless we agree. If your business doesn't take the claim on promptly, we may defend it ourselves, and your business still pays what it costs.

Don't use IndieAM for anything illegal, or to make or post anything that:

• infringes someone else's rights, including photos, music, or other content you don't have the right to use;
• deceives people, impersonates another person or business, or makes false claims about others;
• is hateful, harassing, or sexually explicit, or sexualizes minors in any way;
• is spam.

And don't resell IndieAM or access to it, try to get around its limits or security, interfere with how it works, scrape it, or reverse engineer it.

We may refuse to publish, or remove, content that breaks these rules.

We keep improving IndieAM, so it changes over time. We may add, change, or remove features, and change the price of credit packs, how many credits a picture or animation uses, or how many the plan includes. If a change reduces what your plan includes, or raises how many credits a picture or animation uses, we'll email the business's Owners at least 30 days before, as for a price change.

IndieAM uses AI to write and make content. AI can get things wrong, misread what you gave it, or make something that doesn't fit. Review everything before you approve it.

IndieAM depends on other services, including the social platforms you post to and the publishing service that posts for you. They can change, limit, or stop what they offer, or fail, at any time. We do our best, but we can't guarantee that a post will be published automatically, or at its time.

We may suspend or end an account, or a business's use of IndieAM, that breaks these terms or misuses IndieAM in a way that harms others or the service.

We may also stop offering IndieAM. If we do, we'll email the businesses' Owners at least 30 days before, so you can download what you want to keep. We won't charge for any time after IndieAM stops, and within 30 days after it stops we'll refund the part of the last payment that covers days we didn't provide, and any bought media credits left unused, at what was paid for them.

You can delete your account in the app, or ask us to by emailing hello@indieam.com. A business's Primary Owner can delete the business: it's deleted 7 days later unless they reinstate it. Meanwhile its posts are no longer published automatically and its plan won't renew. When it's deleted, its subscription ends without a refund, and its unused media credits are lost. Posts already published stay on the platforms. See Deleting a business or your account.

IndieAM is provided as it is and as available. To the fullest extent the law allows, we make no promises about it beyond what these terms say, including that it will always be available or free of errors, that it fits a particular purpose, or that what it makes will be accurate or get results.

To the fullest extent the law allows, we aren't liable for indirect or consequential losses, such as lost profits, revenue, data, or business, or for what a post you approved says. Our total liability to you and your business for all claims about IndieAM is limited to what your business paid us, for the plan and for media credits, in the 12 months before the claim arose, or $100, whichever is more.

These limits don't apply where the law doesn't allow them, such as for fraud, gross negligence, or harm we cause on purpose.

If you have a dispute with us, email us first at hello@indieam.com and tell us what it's about; we'll do the same if we have one with you. Both sides will try in good faith to resolve it within 30 days before going to court. The time limit for bringing a claim is paused during those 30 days.

If it isn't resolved, it goes to the state or federal courts in California, and both sides agree to those courts. Either side may use small claims court instead, where the claim qualifies, and either side may ask a court for an urgent order to prevent serious harm without waiting.

Any claim about IndieAM must be brought within one year after it arose, unless the law requires a longer time.

These terms are governed by the laws of the State of California, USA. If a part of them can't be enforced, the rest still applies.

If we change these terms, we'll email everyone with an IndieAM account, and the date at the top of this page changes with it. The new terms apply from then on, but not to a disagreement that arose before they did. Everyone using IndieAM will be asked to agree to them in the app before carrying on. Until you agree, you can sign in and see everything but can't make changes, while your business's approved posts keep publishing and its plan keeps renewing. If you don't agree, an Owner can cancel instead, and we'll refund the unused part of your current month; you can always still sign in to cancel, download your content, or delete your account.

These terms are the whole agreement between you and IndieAM about using it; our privacy notice explains how we handle data. We send notices by email, to the address on your account or, for a business, to its Owners. If we don't enforce part of these terms straight away, we can still enforce it later. Neither side is responsible for delays or failures caused by events outside its reasonable control.

We may transfer or assign these terms, or any of our rights or duties under them, in whole or in part, to anyone, and have others carry out parts of them, without your agreement. You may not transfer your rights or duties under them to anyone else without our written agreement. If you send us ideas or feedback, we may use them freely. The sections on your content, claims about your content, liability, disputes, and these general terms keep applying after an account ends.