Terms of Service

These Terms of Service (the "Terms") form a binding agreement between Luckiest Man Ventures LLC, a Wyoming limited liability company, operating publicly as larkfeed ("Company," "we," "us," or "our"), and any individual or entity accessing or using our products, services, or websites (collectively, the "Platform"). By accessing or using the Platform, you ("Customer," "you," or "your") agree to these Terms.

If you do not agree, do not use the Platform.

1. The Platform

larkfeed is a software-as-a-service (SaaS) platform that provides AI-assisted tools for creating local newsletters and related content, gathering local information from public sources such as websites, RSS feeds, and event calendars, managing events, jobs, and advertisers, and related automation features (collectively, the "Services").

We may update, modify, or discontinue portions of the Platform at any time, with or without notice, provided that those changes do not materially degrade the core Services during a period you have already paid for.

2. Eligibility and accounts

You must be at least 18 years old to use the Platform.

We set up accounts for each customer and the people the customer names. By using an account, you agree to:

• Provide accurate information,
• Keep your login credentials confidential, and
• Accept responsibility for all activity that occurs under your account.

We may suspend or terminate access if we reasonably suspect unauthorized or unlawful use.

3. Fees and payment

3.1 Pricing and invoicing

Fees, the billing period, and what is included are arranged directly between you and us, and confirmed in writing (for example, in an order, proposal, or email). We invoice you for those fees. The Platform does not collect or store payment card details.

Invoices are due by the date shown on the invoice. We may suspend access if an invoice remains unpaid after we have told you it is overdue.

3.2 Renewal and cancellation

Your service continues for the period we agreed in writing. It does not renew automatically unless we have both agreed to that in writing. You can tell us at any time that you want to stop, and your access continues until the end of the period you have already paid for.

Payments are non-refundable except as required by law or as explicitly stated otherwise in writing.

3.3 Free access

We may offer free or trial access with limited features or usage caps. We reserve the right to modify, suspend, or terminate free access at any time.

4. Customer responsibilities and acceptable use

You agree that:

• You will use the Platform only for lawful purposes.
• You will not resell, sublicense, or share access with third parties without our prior written consent.
• You are solely responsible for all content you create, upload, or distribute using the Platform.
• You will comply with all applicable intellectual property, privacy, advertising, anti-spam (including the CAN-SPAM Act), and data laws in your jurisdiction.

4.1 Acceptable use

You will not use the Platform to:

• Upload, distribute, or generate content that infringes another party's intellectual property, privacy, or publicity rights;
• Send unsolicited bulk email, spam, or communications that violate CAN-SPAM or similar laws;
• Upload or distribute malicious code, or attempt to gain unauthorized access to the Platform or other users' accounts or data;
• Interfere with or disrupt the integrity or performance of the Platform, including through automated scraping, load testing, or reverse engineering; or
• Use the Platform to build a competing product using data or access obtained through your account.

We may investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement where warranted.

We are not responsible for any claims, damages, or liabilities arising from your content, your subscribers, or your use of the Platform.

5. Data and AI practices

5.1 Public source data

The Platform collects publicly available information, such as news articles, RSS feeds, event listings, job listings, and business details, so you can review it and use it to write your content ("Source Data"). Source Data is stored with your publication's data so it can appear in your feeds and drafts. We do not sell Source Data or publish it anywhere except where you choose to publish it. You are responsible for how you use Source Data in what you publish, including respecting the rights of its original publishers.

5.2 Third-party AI and data providers

The Platform integrates with third-party AI and data services, such as OpenRouter and the AI model providers it connects us to, which today include Google, Anthropic, and xAI ("Third-Party Providers"). Our Privacy Policy lists the providers we use.

We do not control these providers and make no warranties regarding the accuracy, reliability, or legality of their outputs. You acknowledge that any outputs generated through these integrations are provided "as is."

5.3 User responsibility for AI output

You are solely responsible for reviewing and verifying any AI-generated or summarized content before publication or distribution. We disclaim all liability related to the use, accuracy, or consequences of such content.

6. Intellectual property

All rights, title, and interest in the Platform, including software, interfaces, algorithms, and documentation, are owned exclusively by us.

You retain ownership of your original content and Customer Data. You grant us a limited, non-exclusive license to host, process, transmit, and display such data solely to provide the Services.

You may not copy, reverse-engineer, or derive source code from the Platform.

7. Confidentiality

Both parties agree to protect confidential information exchanged in connection with the Services using at least reasonable care.

Confidential information does not include information that:

• (a) is public through no fault of the receiving party,
• (b) was lawfully known prior to disclosure,
• (c) was independently developed without reference to the other party's information, or
• (d) was lawfully obtained from a third party.

8. Disclaimers

The Platform and all Services are provided "as is" and "as available," without warranty of any kind, whether express, implied, statutory, or otherwise.

We disclaim all warranties, including but not limited to:

• Merchantability,
• Fitness for a particular purpose,
• Accuracy or reliability of AI outputs, and
• Non-infringement.

We do not guarantee uninterrupted access, error-free operation, or that AI-generated content will be factually accurate or legally compliant.

9. Limitation of liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or goodwill.
• Our total cumulative liability for any claim shall not exceed the amount paid by you during the twelve (12) months preceding the event giving rise to the claim.

These limitations apply even if we have been advised of the possibility of such damages.

10. Indemnification

10.1 Your indemnification of us

You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of:

• Your use of the Platform,
• Your violation of these Terms,
• Your violation of applicable law, or
• Any content you create, upload, or distribute through the Platform, or your subscribers' or recipients' claims relating to that content.

10.2 Our indemnification of you

We will indemnify, defend, and hold harmless you and your officers and employees from and against any third-party claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of an allegation that the Platform, as provided by us and used in accordance with these Terms, infringes or misappropriates a third party's United States patent, copyright, trademark, or trade secret. This obligation does not apply to the extent the claim arises from: (a) your content or data, (b) your use of the Platform in combination with products or services not provided by us, (c) your modification of the Platform, or (d) your continued use of an infringing version of the Platform after we provide a non-infringing update or replacement at no additional cost to you.

If a claim under this Section 10.2 arises, we may, at our option and expense, procure the right for you to continue using the affected part of the Platform, replace or modify it to be non-infringing, or, if neither is commercially reasonable, terminate your access to the affected feature and refund any prepaid, unused fees for it. Our aggregate liability under this Section 10.2 will not exceed the amount you paid us during the twelve (12) months preceding the claim, consistent with Section 9.

10.3 Process

The party seeking indemnification will promptly notify the other party of the claim, allow the indemnifying party to control the defense and any settlement (provided any settlement that admits fault or imposes obligations on the indemnified party requires its consent, not to be unreasonably withheld), and reasonably cooperate in the defense at the indemnifying party's expense.

11. Term and termination

These Terms remain in effect until terminated.

You may terminate your account at any time by emailing us. You can ask us for a copy of your data before your account is closed, and ask us to delete it, as described in our Privacy Policy.

We may suspend or terminate your access immediately if:

• You breach these Terms,
• Fees you owe remain unpaid after notice, or
• Your use poses legal or security risks.

Upon termination, your access ends, but clauses relating to confidentiality, liability, and IP rights will survive.

12. Arbitration and dispute resolution

Read this section carefully. It affects how disputes between you and us get resolved.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform will be resolved by binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if you are an individual using the Platform for personal rather than business purposes, the AAA's Consumer Arbitration Rules), and will be seated in Wyoming, unless you and we agree otherwise or applicable law requires a different venue for a consumer claim. The arbitration will be conducted in English and may be held virtually or, if either party requests, by telephone or in person at a location reasonably convenient to both parties. Each party bears its own attorneys' fees and costs unless the arbitrator awards them to the prevailing party as permitted by applicable law or the AAA rules. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Class action waiver.

To the fullest extent permitted by law, you and we each agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim or dispute, that claim or dispute (and only that one) will proceed in court rather than in arbitration, with the remainder of this section remaining in force.

Carve-out for injunctive relief.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights, pending the outcome of arbitration.

You and we each waive the right to a jury trial for any claim covered by this section.

13. Governing law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming and the applicable federal laws of the United States, without regard to conflict-of-laws principles.

We may enforce judgments or arbitral awards in any jurisdiction where you or your assets are located.

14. Modifications

We may revise these Terms periodically. The most current version will always be available at this URL. Continued use of the Platform after changes become effective constitutes acceptance of those modifications.

15. Contact

For any questions about these Terms, write to us: