Terms of Service

1. Acceptance of Terms

Welcome to FSM Flow. These Terms of Service ("Terms") govern your access to and use of the FSM Flow platform, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all users, including visitors, customers, and others who access the Services.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Keep your password secure and confidential
Notify us immediately of any unauthorized access
Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any reason at our sole discretion. You may terminate your account at any time through your account settings or by contacting us.

4. Subscription and Billing

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to pay the applicable fees for your chosen plan.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis
You authorize us to charge your payment method automatically
All fees are non-refundable except as required by law
We may change pricing with 30 days' notice
Failure to pay may result in service suspension or termination

4.3 Free Trials

We may offer free trials for certain plans. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends. We reserve the right to modify or cancel free trial offers at any time.

5. Use of Services

5.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

5.2 Acceptable Use

You agree not to:

Violate any applicable laws or regulations
Infringe on intellectual property rights of others
Upload viruses, malware, or malicious code
Attempt to gain unauthorized access to our systems
Reverse engineer, decompile, or disassemble the Services
Use the Services to send spam or unsolicited communications
Resell, sublicense, or redistribute the Services
Use automated systems (bots, scrapers) without permission
Interfere with the proper functioning of the Services
Impersonate others or provide false information

6. Your Content

6.1 Ownership

You retain all ownership rights to the content you submit, upload, or create using our Services ("Your Content"). This includes customer data, job information, invoices, and other business data.

6.2 License to Us

By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and process Your Content solely to provide and improve the Services. This includes using Your Content to train and improve our AI features.

6.3 Responsibility

You are solely responsible for Your Content and the consequences of posting it. You represent that you have all necessary rights to Your Content and that it does not violate any laws or third-party rights.

7. AI Features

Our Services include AI-powered features such as smart scheduling, automated recommendations, and conversational assistance. You acknowledge that:

AI outputs may not always be accurate or appropriate for your specific needs
You are responsible for reviewing and verifying AI-generated content
We are not liable for decisions made based on AI recommendations
AI features may be updated or changed without notice

8. Intellectual Property

8.1 Our Rights

The Services, including all software, designs, text, graphics, logos, and other content (excluding Your Content), are owned by FSM Flow and protected by copyright, trademark, and other intellectual property laws.

8.2 Trademarks

"FSM Flow" and our logos are trademarks of FSM Flow. You may not use our trademarks without our prior written consent.

9. Third-Party Services

Our Services may integrate with third-party services (e.g., payment processors, AI providers). Your use of third-party services is subject to their terms and policies. We are not responsible for the actions or policies of third parties.

10. Privacy and Security

Our collection and use of personal information is described in our Privacy Policy. While we implement security measures to protect your data, no system is completely secure. You use the Services at your own risk.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including:

Warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties regarding accuracy, reliability, or completeness of content
Warranties that the Services will be uninterrupted, secure, or error-free
Warranties regarding results obtained from using the Services

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FSM FLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless FSM Flow and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any rights of another party.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@fsmflow.com.

14.2 Arbitration

If we cannot resolve the dispute informally, you and FSM Flow agree to resolve disputes through binding arbitration, except for disputes relating to intellectual property rights or small claims court jurisdiction.

14.3 Class Action Waiver

You and FSM Flow agree that disputes will be resolved on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in San Francisco County, California for any disputes not subject to arbitration.

16. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FSM Flow regarding the Services.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms to any affiliate or successor.