(Last updated – July 9, 2025)
THESE TERMS OF SERVICE (the "Agreement") GOVERN YOUR RECEIPT, ACCESS TO, AND USE OF THE SERVICES PROVIDED BY FRESHPINS, INC. ("FreshPins"). BY (A) PURCHASING ACCESS TO THE SERVICE THROUGH AN ONLINE ORDERING PROCESS THAT REFERENCES THIS AGREEMENT, (B) SIGNING UP FOR A FREE OR PAID ACCESS PLAN FOR THE SERVICE VIA A PLATFORM THAT REFERENCES THIS AGREEMENT, OR (C) CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY ("Customer") AND REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES. IF SUCH AUTHORITY IS LACKING—OR IF THE ENTITY DOES NOT AGREE TO THESE TERMS—YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Capitalized terms have the meanings set forth herein.
FreshPins owns and operates a cloud-based artificial-intelligence platform that turns your existing photos into multiple Pinterest-optimized pins through advanced image editing, prompt-based transformations, and workflow templates (the "Service"). Anything the Customer (including Users) uploads, edits, customizes, or otherwise uses in, or through, the Service is a "User Submission." Customer is solely responsible for all User Submissions (see § 8.2). The Service may include templates, scripts, documentation, and other materials that help Customers maximize FreshPins ("FreshPins Content"). Customers do not receive a copy of, or access to, the underlying software code that powers the Service (collectively, the "Software").
Subject to this Agreement, Customer may purchase a subscription and, for each valid subscription, receives the right to access and use the Service as detailed in one or more ordering screens or check-out flows that reference this Agreement ("Order(s)"). Each subscription lasts for the period shown in the applicable Order ("Subscription Period"). Access is limited to individuals authorized by the Customer for its internal business purposes ("Users").
FreshPins owns and retains all rights, title, and interest—including all intellectual-property rights—in and to the Service, Software, FreshPins Content, any related or underlying technology, updates, enhancements, and derivative works (collectively, the "FreshPins Materials"). No rights are granted except as expressly set out herein.
The Service lets Customers configure user-level roles and granular permissions ("Permissions"). Customer alone is responsible for setting and managing Permissions. FreshPins bears no liability for Customer-defined Permissions. Customer may extend access to its Affiliates (as defined in § 1.4); Customer remains liable for Affiliate compliance and payment obligations.
Customer is responsible for all activity occurring under its and its Users' credentials—except where caused solely by a security breach in the Service.
Customer shall not, and shall not permit any third party to:
If Customer's use threatens the integrity, security, or availability of the Service, FreshPins may suspend access while it works with Customer to resolve the issue.
If FreshPins makes APIs available, it may set usage limits and revoke or suspend access for abuse or security reasons.
The Service may interoperate with third-party products or services ("Third-Party Services"). Any use of Third-Party Services is at Customer's discretion and risk; separate terms may apply. FreshPins disclaims all warranties and liability regarding Third-Party Services.
Customer agrees to pay the fees specified in each Order ("Fees"), in the stated currency or, if none, U.S. dollars. Except as expressly provided herein, Fees are non-refundable.
FreshPins (or its third-party payment processor) will charge the payment method provided by Customer. Customer must keep payment information current. FreshPins may suspend the Service for overdue payments.
Fees exclude all taxes, levies, and duties ("Taxes"). Customer is responsible for all Taxes except those based on FreshPins' net income.
If payment is overdue, FreshPins may suspend the Service until amounts are paid in full. Billing disputes must be raised within sixty (60) days of the charge.
Each Subscription Period begins on the "Subscription Start Date" in the Order and renews per the Order's terms unless either party opts not to renew. This Agreement remains in effect for the full Term (Subscription Period plus any renewals and any time Customer accesses a Free Version).
Either party may terminate for material breach not cured within thirty (30) days of written notice. FreshPins may terminate Free Version access at any time.
If Customer terminates for FreshPins' uncured breach, FreshPins will refund prepaid, unused Fees. If FreshPins terminates for Customer's uncured breach, outstanding Fees for the remainder of the Subscription Period become immediately due. Upon any termination, all customer rights cease, and the Service will be inaccessible (except as noted for Free Version). FreshPins will delete Customer data within thirty (30) days of a written request or workspace deletion, subject to legal obligations.
Sections on FreshPins Ownership, Third-Party Services, Financial Terms, Termination Effects, Warranty Disclaimer, Limitation of Liability, Confidentiality, Data, and General Terms survive termination.
Customer represents and warrants that (a) it owns or otherwise holds all necessary rights, licenses, and permissions to upload, edit, and use every User Submission (including all images) in the Service, and (b) each User Submission complies with all applicable laws, rules, and regulations.
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." FRESHPINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRESHPINS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; THOSE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED.
IN NO EVENT WILL FRESHPINS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE, PROFITS, DATA, OR GOODWILL. FRESHPINS' TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FRESHPINS WAS ADVISED OF THE POSSIBILITY OF DAMAGE.
"Confidential Information" means non-public business, technical, or financial information disclosed by one party ("Disclosing Party") to the other ("Receiving Party"), including for FreshPins: Service road-maps, source code, and performance data; and for Customer: User Submissions and User Information.
As between the parties, Customer (and, where applicable, its Users) retains all right, title, and interest in and to every User Submission—including all copyrights and other intellectual-property rights in any images the Customer uploads or edits through the Service. Customer simply grants FreshPins the limited license described below to process those materials for the purpose of providing the Service.
If legally required to disclose Confidential Information, the Receiving Party will give advance notice (if lawful) and reasonable cooperation at the Disclosing Party's expense.
Customer grants FreshPins a perpetual, worldwide, royalty-free license to use and incorporate any feedback, without obligation to identify Customer as the source.
Customer will provide user names, emails, IP addresses, and similar data ("User Information") for account creation. Customer grants FreshPins and its subprocessors the right to process User Information to provide the Service.
Customer grants FreshPins a non-exclusive, worldwide, royalty-free license to use, process, and display User Submissions solely to deliver the Service. Customer retains all other rights.
FreshPins may collect and use aggregated, anonymized data regarding Service performance ("Service Data") for analytics and improvement.
FreshPins uses industry-standard safeguards, including encryption in transit and at rest. Data processing is governed by FreshPins' Data Processing Agreement at https://freshpins.io/legal/dpa.
With Customer's prior written consent, FreshPins may use Customer's name and logo in marketing materials.
Neither party is liable for failures due to events beyond reasonable control (e.g., natural disasters, wars, internet outages).
FreshPins may update the Service and may revise these Terms with at least thirty (30) days' notice. Continued use of the Service constitutes acceptance.
The parties are independent contractors. Nothing herein creates a partnership or employment relationship.
No third party has rights under this Agreement.
Legal notices to FreshPins must be emailed to mike@stupidsimpleseo.co. Notices to Customer will be sent to the email on file or displayed in-app and are deemed delivered upon sending.
Amendments require written agreement. Failure to enforce any right is not a waiver.
If any provision is unenforceable, it will be modified to achieve the parties' intent, and remaining provisions will remain in effect.
Neither party may assign this Agreement without the other's consent, except FreshPins may assign in connection with a merger, acquisition, or sale of assets.
This Agreement is governed by the laws of the State of Delaware (excluding conflicts rules). The parties consent to exclusive jurisdiction in the state or federal courts located in New Castle County, Delaware, and waive any right to jury trial.
This Agreement, together with all referenced documents and Orders, constitutes the entire agreement between FreshPins and Customer and supersedes all prior agreements or representations.
Email mike@stupidsimpleseo.co and we'll be happy to help.