THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH [YOUR AGENCY NAME], (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.
ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND FLOWHIVECRM LLC AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH US RELATED TO THE PLATFORM.
FlowHiveCRM LLC reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
[Your Agency Name] is only providing the Platform for your business use without any promise of exclusivity. FlowHiveCRM LLC's customers, users, entrepreneurs, and partners are not FlowHiveCRM LLC's employees, contractors, or representatives. FlowHiveCRM LLC is not responsible for any interactions between you and your customers, other than providing access to the Platform.
FlowHiveCRM LLC is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers. You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.
1. User Requirements and Restrictions
1.1 Age and Eligibility Restrictions
You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if you are an employee, partner, or director of our competitors or intend to gain access to the Platform in order to compete with the Platform.
1.2 Platform Account Ownership
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account.
1.3 Intended Use
You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that:
You and your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms
- You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform
- You are fully responsible for the use of the Platform by your customers
- You, your employees, agents and customers will not misrepresent the Platform or the Services
- You will ensure that your employees with access to the Platform Account are bound by these Terms
- You own or control all rights in and to all content you provide to FlowHiveCRM LLC
- You will not give access to the Platform or Services to a direct competitor of FlowHiveCRM LLC
- You will not reverse engineer, decompile, disassemble or otherwise attempt to uncover the source code or underlying structure of the Platform
1.4 Compliance
You will be solely responsible for your use of the Platform and Services, including:
The quality and integrity of any data and other information made available to us by or for you through the use of the Platform
Securing and maintaining proper insurance as required
Compliance with all applicable laws and regulations including but not limited to HIPAA, GDPR, CCPA, and other data privacy laws
FlowHiveCRM LLC is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.
1.5 Privacy
By using the Platform and providing Information on or through the Platform, you consent to FlowHiveCRM LLC's use and disclosure of the Information in accordance with our Privacy Policy. You agree that FlowHiveCRM LLC has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform.
When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by FlowHiveCRM LLC. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy.
1.6 Login Credentials
You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify FlowHiveCRM LLC immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. FlowHiveCRM LLC reserves the right to disable your Login Credentials at any time in its sole discretion.
1.7 Communication Services
The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If you use these features, you agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act ("TCPA"), the Do Not Call Registry Rules and the CAN-SPAM Act.
FlowHiveCRM LLC is a technology platform communication service application provider ONLY. FlowHiveCRM LLC does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking.
1.8 Third Party Services
You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to [Your Agency Name] to share your data with the Third-Party Services providers in order to facilitate the integration.
FlowHiveCRM LLC is not responsible for, and FlowHiveCRM LLC hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services. Your use of the Third-Party Services is governed by your agreement with such Third Party.
1.9 Platform Updates
FlowHiveCRM LLC reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on FlowHiveCRM LLC's future delivery or release of any functionality or feature.
1.10 International Use
If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. [Your Agency Name] makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk.
1.11 Artificial Intelligence Acceptable Use Policy
Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use policy which is attached hereto as Exhibit B.
2. Subscription and Billing
2.1 Fees and Auto-Renewal
You agree to provide us with accurate and complete billing information and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees.
Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan. Usage-based fees are calculated based on usage and will be billed monthly. We will automatically charge the card on file when your Fees become due.
2.2 Late Payments and Payment Disputes
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be canceled for non-payment in FlowHiveCRM LLC's sole discretion.
In the event that you dispute any charges on your invoice, you must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute.
2.3 Cancellations
You may cancel your subscription through your Platform Account, by submitting a support ticket, or by calling our support team at 816-451-7070 . You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
2.4 Refunds
All Fees assessed by FlowHiveCRM LLC are non-refundable, including subscription Fees, Communication Surcharges, and FlowHiveCRM LLC's resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period. You are solely responsible for any excess Fees incurred by you as a result of an error or omission made by you or a third party.
Except as may be required by law, FlowHiveCRM LLC reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and FlowHiveCRM LLC's determination of if and when to issue or deny a refund or credit is final.
2.5 Taxes and Government Assessments
All Fees are exclusive of any sales, VAT, GST and use taxes, levies, fees, duties, interest, penalties and other governmental assessments ("Taxes") unless mentioned otherwise in these Terms. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. FlowHiveCRM LLC may collect Taxes from you as part of the Fees as legally required.
3. Code of Conduct
You represent and warrant that, when using the Platform, you will comply with the Code of Conduct set forth in Exhibit A. FlowHiveCRM LLC reserves the right to seek all remedies available to it in the event that you violate this Agreement, including the Code of Conduct, up to and including termination of your Platform Account.
4. Intellectual Property
4.1 Platform Content
The Platform and Platform Content are the property of FlowHiveCRM LLC or its licensors and are protected by copyright, trademark and other intellectual property laws. FlowHiveCRM LLC grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to you and your customers.
4.2 FlowHiveCRM LLC Marks and Advertisements
FlowHiveCRM LLC's name, logo, or Marks are trademarks and service marks of FlowHiveCRM LLC and may not be used without advance written permission of FlowHiveCRM LLC, including but not limited to as part of any company name or domain name or in connection with any product or service that is not provided by FlowHiveCRM LLC.
4.3 User Contributions
User Contributions are considered non-confidential and non-proprietary. You grant FlowHiveCRM LLC, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling FlowHiveCRM LLC's obligations under these Terms.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above
- All of your User Contributions comply with these Terms
- You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution
4.4 Feedback
If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and FlowHiveCRM has no obligation to use the Feedback. You grant our company and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to us without restrictions.
5. Disclaimers
FlowHiveCRM makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. FlowHiveCRM LLC is not providing any business opportunities with use of the Platform and/or Service.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability, Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL FlowHiveCRM LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold FlowHiveCRM LLC harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees) directly or indirectly arising from or in any way connected with your use of the Platform, including, but not limited to:
- Our use of or reliance on information or data supplied by you, your employees, agents, or customers
- Any breach of or default under these Terms by you, your employees, agents, or customers
- Any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers
- Violation(s) of applicable law by you, your employees, agents, or customers
- Any disputes between you and other users or your customers
7. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
8. Term and Termination
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.
8.1 Grounds for Termination
You agree that FlowHiveCRM LLC, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform.
8.2 No Right to Services Upon Termination
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. FlowHiveCRM LLC is not liable to you or any third party for any claims for damages arising out of any termination or suspension.
9. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Missouri will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws. These Terms may be translated into different languages—only the English version is valid and enforceable.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. The arbitration proceedings shall be held in Kansas City, Missouri. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
10. Communications and Contact Information
All notices to a party shall be in writing and shall be made via email. Notices to our company must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record.
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at:
FlowHiveCRM
ATTN: Legal Department
Email: [email protected]