1. Acceptance of terms
These Terms of Service (“Terms”) govern your access to and use of the Flowstate AI platform, websites, APIs, and related services (collectively, the “Services”) provided by Flowstate AI, Inc. (“Flowstate,” “we,” “us,” or “our”). By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.
If you do not agree to these Terms, you may not access or use the Services.
2. Accounts and eligibility
To use most features of the Services you must register for an account. You agree to provide accurate and complete information, keep your credentials confidential, and notify us promptly of any unauthorised use. You are responsible for all activity that occurs under your account. The Services are not intended for individuals under 16 years of age.
3. Acceptable use
You agree not to, and not to allow any third party to:
- use the Services in violation of any applicable law, regulation, or third-party right;
- upload or transmit any content that is unlawful, harmful, infringing, or that you do not have the right to share;
- reverse engineer, decompile, or attempt to derive the source code or underlying models of the Services, except where this restriction is prohibited by law;
- probe, scan, or test the vulnerability of the Services, or breach any security or authentication measures;
- interfere with or disrupt the integrity or performance of the Services, including by sending excessive requests or introducing malicious code;
- use the Services to build a competing product, or to train machine-learning models that compete with Flowstate;
- misrepresent your affiliation with any person or entity, or impersonate Flowstate personnel.
We may suspend or terminate access to the Services if we reasonably believe you have violated this section.
4. Subscriptions, billing, and taxes
Paid Services are provided on a subscription basis. By subscribing you agree to pay all fees associated with the plan you select, in the currency and on the billing cycle (monthly or annual) presented at checkout or in your order form. Unless otherwise stated, fees are non-refundable and non-cancellable for the then-current billing term.
Subscriptions renew automatically at the end of each term at the then-current rate unless cancelled before the renewal date. You can cancel renewal at any time from your account settings or by contacting us. Fees are exclusive of taxes, levies, and duties, which are your responsibility unless we are legally required to collect them.
We may change pricing for new or renewal terms with at least 30 days’ notice. Continued use of the Services after the change takes effect constitutes acceptance of the new pricing. Free trials, where offered, are subject to the trial terms presented at sign-up and may be modified or discontinued at any time.
5. Customer data and confidentiality
As between the parties, you retain all right, title, and interest in the data you submit to the Services (“Customer Data”). You grant Flowstate a limited, worldwide, non-exclusive licence to host, process, and transmit Customer Data solely to provide, secure, and improve the Services for you, and to perform our obligations under these Terms. We will not use Customer Data to train foundation models that are made available to other customers.
Each party agrees to protect the other’s confidential information using reasonable care and to use it only for purposes consistent with these Terms. Our processing of personal data is described in our Privacy Policy and, where applicable, our Data Processing Addendum.
6. Intellectual property
Flowstate and its licensors own all right, title, and interest in and to the Services, including all software, models, documentation, designs, and trademarks. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your subscription term for your internal business purposes.
You may provide suggestions, ideas, or feedback about the Services. You agree that we may freely use, modify, and incorporate such feedback without obligation or compensation to you.
7. Third-party services and integrations
The Services may integrate with third-party products such as Jira, Slack, GitHub, or calendar providers. Your use of those products is governed by their own terms, and we are not responsible for their availability, content, or practices. You are responsible for maintaining any rights, accounts, and credentials needed to use them with the Services.
8. Warranty disclaimer
Except as expressly stated in a written agreement signed by an authorised representative of Flowstate, the Services and all related materials are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Flowstate disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Flowstate does not warrant that the Services will be uninterrupted, error-free, or secure; that defects will be corrected; or that AI-generated outputs will be accurate, complete, or suitable for any particular purpose. You are responsible for evaluating the appropriateness of any output before relying on it.
9. Limitation of liability
To the maximum extent permitted by law, in no event will Flowstate, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.
Flowstate’s total cumulative liability for all claims arising out of or related to these Terms or the Services will not exceed the amounts you paid to Flowstate for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the liability.
The limitations in this section apply to the fullest extent permitted by law and survive termination of these Terms. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You will defend, indemnify, and hold harmless Flowstate and its affiliates from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) your violation of any third-party rights.
11. Term and termination
These Terms remain in effect while you use the Services. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend or terminate the Services immediately if we reasonably believe continued use poses a security, legal, or compliance risk. Upon termination, your right to access the Services ceases, and we may delete Customer Data in accordance with our retention practices. Sections that by their nature should survive termination (including IP, disclaimers, limitations of liability, and indemnification) will survive.
12. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any dispute arising out of or relating to these Terms, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will provide reasonable notice, for example by email or by posting a notice within the Services. Unless we state otherwise, changes take effect 30 days after we post them. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you may stop using the Services and cancel your subscription.
14. Contact
Questions about these Terms? Contact our legal team at legal@flowstate.ai, or write to Flowstate AI, Inc., 548 Market Street, Suite 35410, San Francisco, CA 94104, USA. For general support, visit our contact page.