Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FlowSmartly, Inc. ("FlowSmartly," "we," "us," or "our") concerning your access to and use of our social media management platform, including our website, mobile applications, and related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

Account Registration and Security

Account Creation

To use our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Use the Services only for lawful purposes and in accordance with these Terms
• Not create multiple accounts to evade enforcement of these Terms

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling two-factor authentication when available

Permitted Use

You may use our Services to:

• Manage and schedule posts to your connected social media accounts
• Send marketing emails and SMS messages to contacts who have provided consent
• Analyze social media performance and engagement metrics
• Collaborate with team members on content creation
• Use AI-powered content generation tools
• Run advertising campaigns through FlowAds platform

Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited emails, or SMS messages without proper consent
• Violate CAN-SPAM Act, TCPA, GDPR, or other marketing regulations
• Post illegal, harmful, threatening, abusive, or defamatory content
• Impersonate any person or entity or misrepresent your affiliation
• Engage in fraudulent, deceptive, or misleading practices
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Scrape, crawl, or harvest data from our Services or connected platforms
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or disassemble our software
• Use automated systems (bots, scripts) to create fake engagement
• Resell or redistribute our Services without authorization
• Violate the terms of service of connected social media platforms

Email and SMS Marketing Obligations

Your Responsibilities

When using our email and SMS marketing features, you agree to:

• Obtain proper consent from recipients before sending marketing communications
• Comply with CAN-SPAM Act, TCPA, GDPR, CASL, and all applicable regulations
• Maintain accurate opt-in and opt-out records
• Honor unsubscribe and opt-out requests promptly
• Include required disclosures (physical address, unsubscribe link, etc.)
• Not send messages to purchased, rented, or scraped contact lists
• Verify that recipients have provided express written consent for SMS
• Include message and data rate disclosures for SMS campaigns
• Not send messages outside permitted hours (8 AM - 9 PM recipient's local time)

Platform Enforcement

We reserve the right to:

• Monitor campaigns for compliance with applicable laws
• Suspend or terminate accounts that violate marketing regulations
• Report violations to regulatory authorities
• Cooperate with investigations and legal proceedings

Indemnification

You agree to indemnify and hold FlowSmartly harmless from any claims, damages, or penalties resulting from your violation of email or SMS marketing regulations, including fines under CAN-SPAM Act ($51,744 per violation) or TCPA ($500-$1,500 per violation).

Free Trial

We offer a 14-day free trial for new users. You may cancel at any time during the trial period without charge. If you do not cancel, you will be automatically charged for the selected plan.

Subscription Plans

We offer multiple subscription tiers with different features and limits:

• Starter: $29/month - Basic features for individuals
• Professional: $79/month - Advanced features for businesses
• Enterprise: Custom pricing - Full features with dedicated support

Billing Terms

• Subscriptions are billed monthly or annually in advance
• Payment is due immediately upon subscription or renewal
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice
• You authorize us to charge your payment method on file
• Failed payments may result in service suspension

Credit System

Email and SMS features use a credit system:

• Credits are included with each plan or purchased separately
• Credits expire at the end of the billing period (no rollover)
• Additional credits can be purchased as needed
• Unused credits are not refundable

Cancellation

You may cancel your subscription at any time:

• Cancellation takes effect at the end of the current billing period
• You will retain access until the paid period expires
• No refunds for partial months or unused credits
• You may export your data before cancellation

Intellectual Property Rights

Our Rights

The Services, including all content, features, and functionality, are owned by FlowSmartly and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of our platform
• Use our trademarks, logos, or branding without permission
• Remove or alter any copyright, trademark, or proprietary notices

Your Content

You retain ownership of all content you create, upload, or post through our Services. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit your content to provide the Services
• Post your content to connected social media platforms on your behalf
• Use your content to improve our AI and machine learning models (anonymized)
• Display your content in case studies or marketing (with your permission)

FlowAds Platform Terms

For Advertisers

When using FlowAds to promote your content:

• You purchase credits to run advertising campaigns
• Credits are deducted based on views, clicks, and engagement
• We do not guarantee specific results or performance metrics
• Ads must comply with our content policy and applicable laws
• We reserve the right to reject or remove non-compliant ads
• Credits are non-refundable once campaigns are launched

For Publishers (earn.flowsmartly.com)

When earning credits by viewing ads:

• You must connect verified Instagram and Facebook accounts
• Credits are earned for genuine engagement with advertiser content
• Fraudulent activity (bots, fake engagement) will result in account termination
• Minimum payout threshold is $100
• Payouts are processed within 14 business days of request
• We reserve the right to withhold payouts for suspicious activity
• Earnings are subject to verification and quality checks

Third-Party Services and APIs

Our Services integrate with third-party platforms (Facebook, Instagram, Twitter, LinkedIn, TikTok, YouTube, etc.). You acknowledge that:

• You must comply with each platform's terms of service and policies
• We are not responsible for changes to third-party APIs or features
• Third-party platform disruptions may affect our Services
• We may discontinue support for platforms that change their policies
• Your use of connected platforms is subject to their terms, not ours

No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee:

• Uninterrupted, error-free, or secure operation
• Specific results from using our Services
• Accuracy or completeness of analytics or data
• Compatibility with all devices, browsers, or platforms
• That AI-generated content will meet your needs

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSMARTLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Termination

By You

You may terminate your account at any time through your account settings or by contacting support.

By Us

We may suspend or terminate your access to the Services:

• For violation of these Terms
• For non-payment of fees
• For fraudulent, illegal, or abusive activity
• To comply with legal requirements
• At our discretion with 30 days' notice

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and data after 30 days
• You remain liable for all fees incurred before termination
• Provisions that should survive (indemnification, disclaimers) remain in effect

Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us at legal@flowsmartly.com to attempt to resolve the dispute informally.

Arbitration Agreement

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law. You waive the right to a jury trial and class action lawsuits.

Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions.

Miscellaneous

Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use after changes constitutes acceptance of the new Terms.

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and FlowSmartly.

Assignment

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

Contact Information

For questions about these Terms, please contact us: