This contract between you (Customer) and FlowPro.llc governs the services we provide, our business relationship, and legal terms. By using our Subscription Service or Consulting Services, you agree to these terms, which we may update periodically with notice via email or in-app notification.
A. Definitions
"Affiliate": An entity controlling, controlled by, or under common control with a party (>50% voting interest).
"Agreement": These Terms of Service and linked materials.
"Billing Period": The fee payment period, matching or shorter than the Subscription Term.
"Confidential Information": Information marked confidential, excluding publicly known or independently developed data.
"Customer Data": Information you submit or collect via the Service.
"Subscription Fee": The amount you pay for the Subscription Service.
"Subscription Term": The duration of your subscription, as specified in your Order Form.
B. General Commercial Terms
Access: We grant you access to the Subscription Service during the Subscription Term. Affiliates may use it, but you’re responsible for their compliance.
Service Uptime: We aim for 99.95% uptime, excluding Free Services. If uptime falls below this for 2+ consecutive months, you may request a pro-rated credit.
Consulting Services: Purchased separately, performed remotely unless agreed otherwise, non-cancellable, and non-refundable. On-site expenses are reimbursed by you.
Fees and Payments: Subscription Fees are fixed unless you exceed limits (e.g., Email Send Limit, Phone Call Limit) or upgrade. Fees may adjust during or at renewal based on usage or current pricing, with 30 days’ notice. Payments are via credit card or invoice, due within 30 days. All fees are non-refundable, and taxes are your responsibility.
Use Restrictions: You must comply with our Acceptable Use Policy, avoid unauthorized use, and not use the Service for unlawful purposes or to process Sensitive Information without proper agreements (e.g., Business Associate Agreement for health data).
Termination/Suspension: We may suspend/terminate for non-payment, prohibited acts, or harm to the Service, with notice. Termination for cause requires 30 days’ notice if breaches are uncured.
C. Subscription TermsWe offer Full-Service, Limited Service, and Free Subscriptions. Limits (e.g., contacts, emails) are specified in your Order or Catalog. Full-Service subscriptions maintain functionality during the term; others may change. Support varies by plan—phone support (9am-9pm EST) for higher plans, email/in-app for all.
D. Product DisclosuresAdditional disclosures apply to specific products, as outlined in our terms, privacy policy, or at the point of engagement.
E. General Legal Terms
Customer Data: We use it only to provide services, per our Privacy Policy. You retain ownership but grant us usage rights to deliver the Service.
Confidentiality: Both parties protect confidential information, disclosing only as legally required with notice.
Liability: Services are “as is,” with no warranties. Liability is limited to fees paid in the prior 12 months (or $100 for Free Services). No indirect damages apply.
Jurisdiction: Disputes are governed by Hollywood, Florida courts.
F. Jurisdiction-Specific TermsTerms may vary by customer location to comply with local laws.