Flowsell.ai Terms of Service

Last Updated: 1 July 2024

1. Introduction

Welcome to Flowsell.ai! These Terms of Service (”Terms”) govern your access to and use of the AI-driven customer retention platform and services (”Services”) provided by Flowsell, Inc. (”Flowsell, Inc.,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms.

2. Acceptance of Terms

By creating an account or using the Services, you (”User,” “you,” or “your”) accept and agree to these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

3. Description of Services

Flowsell.ai provides businesses, particularly barbershops, with AI-powered tools for customer retention and engagement. Our Services enable automated communication with customers via text messages facilitated by AI assistants/agents.

4. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Services, you represent and warrant that you meet these requirements.

5. User Accounts

5.1 Registration

To use certain features, you must create an account by providing accurate and complete information.

5.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

5.3 Account Termination

We reserve the right to suspend or terminate your account for violations of these Terms or applicable laws.

6. Use of Services

6.1 License Grant

Flowsell, Inc. grants you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

6.2 Acceptable Use Policy

You agree not to:

• Use the Services for unlawful purposes or promotion of illegal activities.

• Send unsolicited or unauthorized advertising, spam, or junk messages.

• Impersonate any person or entity or misrepresent your affiliation.

• Interfere with or disrupt the integrity or performance of the Services.

6.3 AI Communication

You acknowledge that communications sent via the Services may be generated or facilitated by AI assistants/agents on behalf of your business.

7. User Content

7.1 Ownership

You retain ownership of all content you provide (”User Content”).

7.2 License to Us

By submitting User Content, you grant Flowsell, Inc. a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content solely for operating and improving the Services.

7.3 Responsibility

You are solely responsible for your User Content and compliance with applicable laws, including obtaining necessary consents from your customers for communications.

8. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect personal information. By using the Services, you agree to the practices described in the Privacy Policy.

9. Fees and Payment

9.1 Pricing

Fees for the Services are described on our pricing page.

9.2 Payment Terms

Payments are due as specified. You authorize us to charge your provided payment method.

9.3 Late Payments

Failure to pay fees may result in suspension or termination of your account.

9.4 Refunds

Fees are non-refundable unless required by law or stated otherwise.

10. Intellectual Property Rights

10.1 Our IP

All rights in the Services and content provided by us are owned by Flowsell, Inc.

10.2 Restrictions

You may not reproduce, distribute, modify, or create derivative works from our Services without our prior written consent.

11. Disclaimers and Limitation of Liability

11.1 Disclaimers

The Services are provided “as is” without warranties of any kind.

11.2 Limitation of Liability

To the maximum extent permitted by law, Flowsell, Inc. shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services.

12. Indemnification

You agree to indemnify and hold harmless Flowsell, Inc., its affiliates, officers, directors, employees, and agents from any claims, losses, or damages arising out of your use of the Services, violation of these Terms, or infringement of any rights of a third party.

13. Modifications to the Terms

Flowsell, Inc. may update these Terms from time to time. We will notify you of significant changes by posting the new Terms on our website and updating the “Last Updated” date. Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.

14. Termination

14.1 By You

You may terminate your account at any time by contacting us or using the account settings.

14.2 By Us

We may terminate or suspend your access for violation of these Terms or applicable laws.

14.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination shall continue to be in effect (e.g., Intellectual Property Rights, Disclaimers, Indemnification).

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Boston, Massachusetts.

16. Miscellaneous

16.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Flowsell, Inc.

16.2 Severability

If any provision is unenforceable, the remaining provisions remain in effect.

16.3 No Waiver

Failure to enforce any right is not a waiver of that right.

17. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: support@flowsell.ai

• Address:

Flowsell, Inc.

1 Western Avenue, #712

Boston, MA 02134

United States