Terms of Service

Welcome to Flowize. These Terms of Service ("Terms") govern your access to and use of the Flowize platform, services, and website (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Definitions

  • "Account" means the account you create to access our Services.
  • "Content" means any data, text, messages, or other materials uploaded or transmitted through our Services.
  • "Lead" means potential customer information managed through our platform.
  • "Subscription" means your paid access plan to our Services.
  • "User" or "You" means the individual or entity using our Services.

2. Account Registration

2.1 Eligibility

To use our Services, you must:

  • Be at least 18 years old
  • Have the authority to enter into these Terms
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials

2.2 Account Responsibilities

You are responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your login credentials
  • Notifying us immediately of any unauthorized access
  • Ensuring your account information remains accurate and up-to-date

3. Services Description

Flowize provides a lead management platform for automotive service businesses, including:

  • Lead Capture: Collection and organization of customer leads
  • SMS Messaging: Automated and manual SMS communication with leads
  • Call Forwarding: Dedicated phone numbers with call routing
  • Appointment Scheduling: Lead appointment management
  • Analytics: Performance tracking and reporting
  • Landing Pages: Customizable lead capture pages

4. Subscription and Payments

4.1 Pricing

Our Services are offered on a subscription basis. Pricing details are available on our website and may vary based on:

  • Selected plan (Starter, Professional, Enterprise)
  • Billing frequency (monthly or annual)
  • Additional features or usage

4.2 Free Trial

We offer a 7-day free trial for new accounts. During the trial:

  • Full access to platform features is provided
  • No credit card is required to start
  • The trial converts to a paid subscription unless cancelled

4.3 Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as expressly stated
  • We may change prices with 30 days' notice
  • Failed payments may result in service suspension

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

  • Access continues until the end of the current billing period
  • No refunds for partial months or unused time
  • Data is retained for 30 days, then permanently deleted

5. Acceptable Use Policy

5.1 Permitted Use

You may use our Services only for lawful business purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

  • Send unsolicited or spam messages through our platform
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Transmit malware, viruses, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Use the Services for illegal, fraudulent, or deceptive purposes
  • Resell or redistribute our Services without authorization
  • Harass, abuse, or harm other users or third parties
  • Interfere with the proper functioning of our Services

5.3 SMS and Calling Compliance

When using our communication features, you must:

  • Comply with the Telephone Consumer Protection Act (TCPA)
  • Obtain proper consent before sending marketing messages
  • Honor opt-out requests promptly
  • Maintain accurate Do-Not-Call lists
  • Include proper identification in messages
  • Comply with carrier guidelines and industry best practices

6. Intellectual Property

6.1 Our Intellectual Property

Flowize retains all rights to:

  • The platform, software, and technology
  • Trademarks, logos, and branding
  • Documentation and training materials
  • Any improvements or modifications to our Services

6.2 Your Content

You retain ownership of your Content. By using our Services, you grant us a limited license to:

  • Store and process your Content to provide the Services
  • Create backups and ensure data integrity
  • Display your Content to authorized users

7. Data and Privacy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

7.1 Data Processing

We process your data to provide our Services. You acknowledge that:

  • You have the right to share lead data with us
  • You will comply with applicable data protection laws
  • You will obtain necessary consents from your leads

7.2 Data Security

We implement industry-standard security measures but cannot guarantee absolute security. You agree to:

  • Use strong passwords and enable two-factor authentication
  • Keep your login credentials confidential
  • Report any security incidents promptly

8. Third-Party Services

Our Services integrate with third-party providers including:

  • Twilio: SMS and voice services
  • Stripe: Payment processing

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services or their actions.

9. Service Availability

9.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted service. We may experience:

  • Scheduled maintenance (with advance notice when possible)
  • Unplanned outages due to technical issues
  • Service disruptions beyond our control

9.2 Modifications

We reserve the right to:

  • Modify or discontinue features with reasonable notice
  • Update the platform to improve functionality
  • Change third-party integrations

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Damages

IN NO EVENT SHALL FLOWIZE BE LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, or data
  • Business interruption
  • Damages exceeding the fees paid in the 12 months preceding the claim

11. Indemnification

You agree to indemnify and hold harmless Flowize and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content or lead communications

12. Termination

12.1 By You

You may terminate your account at any time through account settings or by contacting support.

12.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Fail to pay applicable fees
  • Pose a risk to our Services or other users

12.3 Effect of Termination

Upon termination:

  • Your access to the Services will cease
  • Your data will be retained for 30 days, then deleted
  • Provisions that should survive termination will remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

13.2 Arbitration

Any disputes shall be resolved through binding arbitration in San Francisco, California, except for claims that may be brought in small claims court.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Flowize regarding the Services.

14.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Our failure to enforce any right does not waive our right to enforce it later.

14.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations freely.

14.5 Notices

We may send notices via email, in-app notifications, or posted on our website.

15. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through:

  • Email notification
  • In-app announcement
  • Website posting

Continued use after changes constitutes acceptance of the updated Terms.

16. Contact Information

For questions about these Terms, please contact us:

Flowize
Email: legal@flowize.app
Support: support@flowize.app
Address: San Francisco, CA, United States

By using Flowize, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.