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 (as a tenant).
  • "Content" means any data, text, messages, or other materials uploaded or transmitted through our Services.
  • "Lead" means a potential customer whose information you capture and manage through our platform (e.g. via landing pages or forms).
  • "Tenant" means a business (or its authorized user) that holds an account and uses the Services to manage leads, send SMS, and receive call forwarding.
  • "Subscription" means your paid access plan to our Services (billed via Stripe).
  • "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 local service businesses (e.g. automotive, healthcare, home services, legal). Services include:
  • Lead Capture: Collection and organization of leads via landing pages and forms.
  • SMS Messaging: (a) We may send you SMS (e.g. new lead alerts) from our system number; (b) you may send SMS to your leads from your provisioned phone number; leads may reply to that number and conversations are delivered in the platform.
  • Call Forwarding: Dedicated phone numbers (via our telephony provider) with incoming call routing from leads to your designated business phone.
  • AI Voice Assistant: Automated outbound phone calls to leads using AI-generated voice technology. When enabled, leads who submit a form on your landing page may receive an automated call from an AI assistant that qualifies their inquiry, captures their needs, and logs a summary to your dashboard. Calls may be transferred to your real phone number if the lead requests to speak with a person or if the situation is urgent (when enabled). AI voice minutes are included in your subscription plan (Pro and Enterprise only) and subject to usage limits. Overage beyond included minutes is billed at the current per-minute rate listed on your plan's pricing page.
  • Appointment Scheduling: Lead appointment management (where enabled).
  • Analytics and Reports: Performance tracking and reporting.
  • Landing Pages: Customizable lead capture pages tied to your account.
  • Payments for subscriptions and usage are processed through Stripe.

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 (e.g. Starter, Pro, Enterprise)
  • Billing frequency (monthly or annual)
  • Additional features or usage (e.g. extra SMS credits, phone numbers, AI voice minutes)

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

4.5 AI Voice Minutes

AI Voice Assistant usage is measured in minutes of AI conversation time. Your subscription plan includes a fixed number of voice minutes per month (see your plan details). Usage and limits:

  • Included Minutes: Voice minutes included in your plan reset at the beginning of each billing cycle.
  • Add-on Minutes: Additional minutes may be purchased at any time at the current per-minute rate.
  • Overage: If an active AI call exceeds your remaining minute balance, the overage will be billed at the current per-minute rate on your next invoice. New AI calls are paused when your remaining balance drops below 3 minutes until additional minutes are purchased.
  • Call Forwarding Duration: When an AI call is transferred to your phone, the transfer portion is handled by our telephony provider and is not counted toward your AI voice minutes.
  • No Rollover: Unused voice minutes do not carry over to the next billing cycle.

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, Voice Call, and AI Compliance

When using our communication features, including AI Voice Assistant, you must:

  • Comply with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state telecommunications laws
  • Obtain proper consent before sending messages or initiating AI voice calls to leads
  • Ensure your landing page forms include the required consent language for both SMS and AI-powered phone calls
  • Honor opt-out requests promptly for both SMS and voice calls
  • Maintain accurate Do-Not-Call lists and flag leads who request not to be called
  • Include proper identification in messages
  • Comply with carrier guidelines and industry best practices
  • Understand that AI voice calls are classified as "artificial or prerecorded voice" calls under the TCPA and require prior express consent from the called party
  • Not use AI Voice Assistant for unsolicited telemarketing, cold calling, or any purpose beyond responding to a lead's submitted inquiry
  • Comply with all applicable state laws regarding AI disclosure, call recording consent (one-party and two-party consent states), and automated calling

5.4 SMS Program Terms

Program Name: Flowize Transactional Notifications
Program Description: Flowize sends transactional SMS notifications to business 
users (new lead alerts, call forwarding notifications, account updates) and to 
leads (inquiry acknowledgment messages) on behalf of registered businesses.

Message Frequency: Message frequency varies based on account activity.
Message and Data Rates: Message and data rates may apply. Contact your carrier 
for details.

Opt-Out: Reply STOP to any message to opt out of SMS notifications. You will 
receive a confirmation message and no further messages will be sent.
Opt-In: By checking the SMS consent checkbox on any Flowize form, you agree to 
receive transactional SMS messages as described above.
Help: Reply HELP to any message for support information, or contact 
support@flowize.app.

Privacy Policy: https://flowize.app/contract/privacy-policy

No mobile information will be shared with third parties or affiliates for 
marketing or promotional purposes.

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 (system-to-tenant notifications and tenant-to-lead messaging, including lead replies) and voice/call forwarding from leads to your phone.
  • VAPI AI: AI-powered voice call orchestration, including speech recognition, AI conversation processing, and call analysis for the AI Voice Assistant feature.
  • OpenAI / Deepgram: AI language models and speech-to-text services used by the AI Voice Assistant to conduct and transcribe calls.
  • Stripe: Subscription and 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
Support: support@flowize.app
Address: 

1209 MOUNTAIN ROAD PL NE # 8028

ALBUQUERQUE, BERNALILLO NM 87110 

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