Last updated: February 23, 2025 | Effective date: February 23, 2025
These Terms of Service ("Terms") govern your access to and use of the Flowforce application and related services (the "Service") provided by Flowforce ("we," "us," or "our"). By creating an account, signing in, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
For questions about these Terms, contact us at support@flowforce.app.
1. Acceptance and Eligibility
1.1 Acceptance.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
1.2 Eligibility.
You must be at least 16 years old (or the age of majority in your jurisdiction, if higher) and able to form a binding contract. If you are using the Service on behalf of an entity, you represent that you are authorized to do so and that the entity agrees to these Terms.
1.3 Changes.
We may modify these Terms from time to time. We will post the updated Terms and update the "Last updated" date. Material changes may be communicated by email or an in-app notice. Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Service and may close your account.
2. Account and Registration
2.1 Account.
You must provide accurate, current, and complete information when registering and keep your account information up to date. You are responsible for maintaining the confidentiality of your password and for all activity under your account.
2.2 Security.
You must notify us promptly at support@flowforce.app if you suspect unauthorized access or any breach of security. We may require you to use additional security features (e.g., two-factor authentication) as part of the Service.
2.3 Organization accounts.
If you use the Service as part of a workspace or organization (tenant), the account may be managed by an administrator. That administrator may have access to data and settings within the workspace and may assign or remove users. Your use of the Service within that workspace is subject to these Terms and any internal policies your organization applies.
3. Use of the Service
3.1 License.
Subject to these Terms and your compliance with them, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with the documentation and our acceptable use policy.
3.2 Restrictions.
You agree not to:
- Use the Service in violation of any applicable law or regulation.
- Use the Service to send spam, unsolicited communications, or to harass, defame, or harm others.
- Attempt to gain unauthorized access to the Service, other accounts, or our or any third party's systems or networks.
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service (except to the extent permitted by applicable law).
- Use the Service to build a competing product or service or to copy ideas, features, or functionality.
- Use automated means (e.g., bots, scrapers) to access the Service except where we provide an API or explicitly allow it.
- Resell or sublicense the Service unless we have agreed in writing.
- Use the Service in a way that could harm, overburden, or impair the Service or others' use of it.
- Upload or process content that infringes third-party rights, is illegal, or that you do not have the right to use.
3.3 Your content and data.
You retain ownership of the content and data you submit to the Service ("Your Data"). You grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Data as necessary to provide, operate, improve, and secure the Service (including backup and recovery), and as set out in our Privacy Policy. You are responsible for ensuring that Your Data and your use of the Service comply with applicable law and that you have all rights needed to grant us this license.
3.4 Our content and IP.
The Service (including software, design, text, graphics, and other materials we provide) and our trademarks and logos are owned or licensed by us and are protected by intellectual property laws. Except for the limited license in Section 3.1, these Terms do not grant you any right, title, or interest in the Service or our intellectual property.
4. Third-Party Services and Integrations
4.1 The Service may integrate with or link to third-party services (e.g., email providers, telephony, SMS, calendar, payment processors, AI providers). Your use of those services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their availability, accuracy, or practices.
4.2 If you connect third-party accounts or integrations to the Service, you authorize us to access and use the data made available to us as necessary to provide the integrated functionality. You are responsible for complying with those third parties' terms and for the data you choose to share.
5. Fees and Payment
5.1 Fees.
Certain parts of the Service may be subject to fees as described on our website or in the Service (e.g., subscription plans, overages). You agree to pay all applicable fees in accordance with the billing terms presented at the time of purchase or renewal.
5.2 Payment.
Fees are typically billed in advance (e.g., monthly or annually). Payment is processed through our designated payment provider (e.g., Stripe). You must provide valid payment information and keep it updated. Failure to pay may result in suspension or termination of the Service.
5.3 Refunds.
Refund policy (e.g., pro-rata refunds for annual plans, no refunds for partial months) will be as stated at the time of purchase or in a separate billing/refund policy. Unless otherwise stated, fees are non-refundable except where required by law.
5.4 Taxes.
Fees are exclusive of applicable taxes (e.g., VAT, GST). You are responsible for any taxes imposed on you, except for taxes on our net income.
5.5 Price changes.
We may change fees upon reasonable notice. Continued use after the change constitutes acceptance. If you do not agree, you may cancel before the change takes effect in accordance with our cancellation process.
6. Confidentiality
6.1 Each party may receive confidential information of the other. Each party agrees to use such information only for the purpose of performing under these Terms and to protect it using at least the same care as for its own confidential information, but in no event less than reasonable care. Confidential information does not include information that is publicly available (other than through breach), independently developed without use of the other party's confidential information, or rightfully received from a third party without restriction.
6.2 We will treat Your Data as confidential and will not use it for purposes other than providing and improving the Service and as set out in our Privacy Policy, except with your consent or as required by law.
7. Disclaimers
7.1 "As is" service.
The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
7.2 No guarantee of results.
We do not guarantee any particular business outcome, accuracy of AI-generated content, or uninterrupted or error-free operation of the Service. You are responsible for verifying information and using the Service in a manner appropriate for your use case.
7.3 Beta and experimental features.
Some features may be labeled as beta, experimental, or preview. Such features may be incomplete or change without notice and are provided without the same level of commitment as generally available features.
8. Limitation of Liability
8.1 Exclusion of indirect damages.
To the maximum extent permitted by applicable law, neither we nor our affiliates, licensors, or service providers shall be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including loss of profits, revenue, data, goodwill, or business opportunity) arising out of or related to these Terms or the Service, whether based on contract, tort, strict liability, or any other theory, even if we have been advised of the possibility of such damages.
8.2 Cap on liability.
Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months preceding the claim, or (b) one hundred United States dollars (USD 100).
8.3 Exceptions.
Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Flowforce and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) Your Data or your violation of any third-party right or applicable law, (c) your breach of these Terms, or (d) any dispute between you and a third party in connection with the Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.
10. Suspension and Termination
10.1 By you.
You may stop using the Service at any time and may close your account through the Service or by contacting us at support@flowforce.app. Closure may be subject to data export and retention as described in our Privacy Policy.
10.2 By us.
We may suspend or terminate your access to the Service (or any part of it) immediately, with or without notice, if we believe you have breached these Terms, if required by law, or to protect the Service, other users, or third parties. We may also suspend or terminate for non-payment or for other operational or legal reasons, with notice where practicable.
10.3 Effect of termination.
Upon termination, your right to use the Service ceases. We may delete or retain Your Data in accordance with our Privacy Policy and applicable law. Sections that by their nature should survive (including Sections 3.2–3.4, 6, 7, 8, 9, 10.3, 11, and 12) will survive termination.
11. General
11.1 Entire agreement.
These Terms, together with the Privacy Policy and any order or billing terms expressly agreed in writing, constitute the entire agreement between you and Flowforce regarding the Service and supersede any prior agreements or understandings.
11.2 Severability.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
11.3 Waiver.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
11.4 Assignment.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations in connection with a merger, acquisition, or sale of assets.
11.5 Governing law and venue.
These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of the Province of Ontario, and you consent to the personal jurisdiction of such courts.
11.6 Force majeure.
We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control (e.g., natural disaster, war, terrorism, labor disputes, government actions, internet or infrastructure failures).
11.7 Contact.
For questions about these Terms:
- Email: support@flowforce.app
12. Specific Terms for Certain Jurisdictions
12.1 United States.
If you are in the United States, the limitations and disclaimers in Sections 7 and 8 apply to the full extent permitted under the laws of your state.
12.2 European Union / EEA / UK.
If you are in the European Union, European Economic Area, or United Kingdom, you may have mandatory statutory rights (e.g., as a consumer). Nothing in these Terms limits those rights. Our processing of personal data is further described in our Privacy Policy.
12.3 Other jurisdictions.
If you are in another jurisdiction, local law may impose additional or different requirements. Where local law conflicts with these Terms, local law will prevail to the extent of that conflict.