Terms of Service

Effective Date: May 4, 2026 · Last Updated: May 4, 2026

These Terms of Service ("Terms") govern your access to and use of the Flowpilot CRM platform, including the website at flowpilot360.com, the application at app.flowpilot360.com, the agent API, and all related services (collectively, the "Service") provided by Flowpilot360 LLC ("Flowpilot," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance and Eligibility

You must be at least 18 years old and have legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

The Service is intended for use by businesses and is not designed for personal or household use.

2. Description of Service

Flowpilot provides a multi-tenant Software-as-a-Service customer relationship management platform that includes:

• Contact, deal, and pipeline management
• Two-way SMS and email communication via integrated providers (Twilio, Resend)
• Workflow automation, including AI-built workflows
• AI features powered by third-party language models (Anthropic Claude, Google Gemini, OpenAI GPT)
• Industry Lead Engine for property-data-driven lead generation, where applicable
• An agent API ("BYOA") that allows customer-controlled AI agents to interact with the platform
• Reporting, run history, and audit logging

The Service is provided "as is" and may be updated, modified, or discontinued at our discretion.

3. Account Registration

To use most features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activity that occurs under your account, including activity by users you authorize

We reserve the right to suspend or terminate accounts that violate these Terms or that show patterns of abuse, fraud, or non-payment.

4. Subscription, Billing, and Refunds

4.1 Subscription Plans

The Service is offered on subscription plans with monthly or annual billing. Plan features and pricing are described on flowpilot360.com and may change with notice.

4.2 Billing

Subscription fees are billed in advance and are non-refundable except as required by law. By providing payment information, you authorize us to charge the applicable fees for your subscription term.

4.3 Usage-Based Charges

Some features (e.g., the Industry Lead Engine, premium AI usage) include usage-based charges that exceed the included monthly allowance. These are billed at the rates published in your account dashboard at the time of use.

4.4 Taxes

You are responsible for any applicable taxes other than taxes based on Flowpilot's net income.

4.5 Failed Payments

If a payment fails, we may suspend or terminate your account after providing notice. You remain responsible for all amounts owed.

4.6 Refunds

Subscription fees are non-refundable. Where required by law, we will provide refunds for unused portions of pre-paid annual subscriptions upon written request.

4.7 Free Trial

If we offer a free trial, you agree to enter valid payment information at signup. We will not charge until the trial ends. You may cancel before the trial ends to avoid charges.

5. Acceptable Use

You agree not to use the Service to:

• Violate any law, regulation, or third-party right
• Send unsolicited commercial communications (spam) in violation of CAN-SPAM, TCPA, or similar laws
• Send messages to recipients who have not consented or who have opted out
• Send messages containing prohibited content under carrier rules (e.g., SHAFT — sex, hate, alcohol where prohibited, firearms, tobacco; gambling where prohibited; high-risk financial services)
• Send messages related to direct lending, debt collection in violation of FDCPA, or other regulated financial services without proper licensing and disclosures
• Engage in fraud, deception, or impersonation
• Attempt to interfere with, compromise, or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or extract source code from the Service except as permitted by law
• Use the Service to develop a competing product
• Scrape, harvest, or collect data from the Service except as permitted by your subscription
• Use the Service to process information about minors under 13 (or 16 where applicable)
• Resell, sublicense, or redistribute the Service without our express written permission

We reserve the right to suspend or terminate accounts engaged in prohibited use.

6. User Content and Customer Data

6.1 Your Ownership

You retain all rights to the content you upload to the Service ("User Content"), including data about your customers ("Customer Data"). We do not claim ownership of your User Content.

6.2 License to Operate the Service

You grant Flowpilot a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and use your User Content solely as necessary to provide and improve the Service for you and to enable features you authorize.

6.3 Your Responsibility for Customer Data

You represent and warrant that:

• You have all necessary rights, consents, and legal bases to upload, process, and communicate with the individuals whose information is included in your Customer Data
• Your collection, use, and processing of Customer Data complies with all applicable laws (including TCPA, CAN-SPAM, GDPR, CCPA, and any other applicable privacy and communications laws)
• You have provided required notices and obtained required consents from your end users for SMS messaging, email marketing, and other communications you send through the Service

6.4 No Use for AI Training

We do not use your Customer Data to train any general-purpose AI model. AI features are powered by third-party language models that process Customer Data only for the specific request you initiated, in accordance with the providers' data handling commitments.

6.5 Backup and Data Loss

While we maintain reasonable backup procedures, you are responsible for maintaining your own backups of Customer Data. We are not liable for loss or corruption of User Content.

7. Intellectual Property

7.1 Our IP

The Service, including its software, design, branding, documentation, and content, is owned by Flowpilot and its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-transferable, non-exclusive license to use the Service solely as authorized under these Terms.

7.2 Feedback

If you provide us feedback or suggestions about the Service, you grant us an unlimited, perpetual, royalty-free right to use that feedback for any purpose without obligation to you.

8. Third-Party Services

The Service integrates with third-party services (e.g., Twilio, Stripe, Anthropic, Google, BatchData, Resend, Lob). Your use of those services is subject to the third party's terms and privacy practices. We are not responsible for third-party services or for any actions or omissions of third parties.

When you authorize an external AI agent to access your account via our agent API ("BYOA"), you are responsible for:

• The agent's actions and any resulting changes to your account, billing, or Customer Data
• The agent's compliance with applicable law and these Terms
• The security of any agent credentials you generate

9. AI Features and Disclaimers

The Service includes features powered by artificial intelligence and large language models, including but not limited to suggested workflows, generated message copy, classification of intent, summarization of conversations, and personalization of outreach.

You acknowledge and agree that:

• AI outputs are probabilistic and may contain errors, inaccuracies, or unintended content ("hallucinations")
• AI-generated content does not constitute legal, financial, medical, tax, or professional advice
• You are responsible for reviewing and approving AI-generated content before it is sent or relied upon
• AI features should not be used to make decisions that have legal or significant financial consequences without human review
• Output from AI features may vary and is not guaranteed to be reproducible

We are not liable for AI-generated content or decisions made based on AI outputs.

10. SMS Messaging and TCPA Compliance

When you use the Service to send SMS messages, you agree to comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CTIA messaging guidelines, carrier rules, and A2P 10DLC requirements. Specifically:

• You will obtain prior express consent (or prior express written consent where required) before sending any SMS message to an end user
• You will provide clear opt-out instructions in your messages and honor opt-out requests promptly
• You will not send SMS to numbers on the National Do Not Call Registry or to numbers that have opted out
• You will not send SMS containing prohibited content (SHAFT, gambling where restricted, high-risk financial)
• You will register your brand and campaigns with The Campaign Registry through Twilio as required for A2P 10DLC

You are solely responsible for TCPA and other regulatory compliance. Penalties under TCPA can include statutory damages of $500-$1,500 per message. Flowpilot is not liable for your failure to obtain proper consent or otherwise comply with applicable laws.

You agree to indemnify Flowpilot for any claims arising from your SMS messaging activity.

11. Agent API and BYOA Terms

The Service includes an agent API that allows you to authorize external AI agents (e.g., Claude, ChatGPT, custom agents) to access and operate within your account using scoped tokens.

11.1 Agent Token Scope

You are responsible for the scopes you grant to agent tokens. We provide audit logs of agent actions. Tokens with broad scope can perform sensitive operations including data export, modification, and (when enabled) external messaging.

11.2 Liability for Agent Actions

Actions taken by an agent using a token you generated are deemed actions taken by you. You are responsible for the consequences of those actions, including any messages sent, contacts created, or external API calls made.

11.3 Token Security

You are responsible for the security of agent tokens. Compromised tokens should be revoked immediately. We are not liable for unauthorized use of valid tokens.

11.4 Rate Limits and Fair Use

Agent API usage is subject to rate limits and fair-use policies. We may throttle or suspend tokens that exhibit abusive patterns.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy at flowpilot360.com/privacy, which is incorporated into these Terms.

13. Confidentiality

In connection with the Service, each party may receive non-public, confidential, or proprietary information of the other party ("Confidential Information"). Each party agrees to:

• Use Confidential Information only as necessary to perform under these Terms
• Protect Confidential Information with at least the same degree of care it uses for its own confidential information (and no less than reasonable care)
• Not disclose Confidential Information to third parties except to employees, contractors, or agents bound by similar obligations

Confidential Information does not include information that is publicly available, was already known to the receiving party, was independently developed without use of the other's information, or was rightfully received from a third party without confidentiality obligations.

14. Suspension and Termination

14.1 Termination by You

You may terminate your subscription at any time through your account settings or by emailing hello@flowpilot360.com. Termination is effective at the end of the current billing period.

14.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Materially breach these Terms
• Fail to pay fees when due
• Engage in conduct we reasonably believe is fraudulent, abusive, or unlawful
• Use the Service in a manner that creates legal, security, or operational risk

We may also terminate the Service or your account with 30 days' notice for any reason.

14.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• You may export your Customer Data within 30 days of termination
• We will delete your Customer Data within 90 days of termination, except where retention is required by law
• Sections that by their nature should survive termination (including ownership, confidentiality, indemnification, limitation of liability, dispute resolution) will survive

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOWPILOT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS, EXTRACTED DATA, OR CONTENT FROM THIRD-PARTY SOURCES.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOWPILOT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF FLOWPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless Flowpilot and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content or Customer Data
• Your violation of these Terms or applicable law
• Your violation of any third-party right, including TCPA, CAN-SPAM, intellectual property, or privacy rights
• Any messages, calls, or communications you send through the Service
• Any actions taken by an agent token you generated

18. Dispute Resolution and Governing Law

18.1 Informal Resolution

Before filing a claim against Flowpilot, you agree to attempt to resolve the dispute informally by contacting us at hello@flowpilot360.com. We will attempt to resolve the dispute by good-faith discussion within 60 days.

18.2 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.

18.3 Venue

Subject to the arbitration provisions below, any legal action will be brought exclusively in the state or federal courts located in Collin County, Texas.

18.4 Arbitration

For disputes not resolved informally, the parties agree to resolve disputes through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Collin County, Texas, in English. Judgment on the award may be entered in any court of competent jurisdiction.

You and Flowpilot agree to bring claims only in your individual capacity and not as a class member or in a representative capacity. You waive any right to a jury trial.

The arbitration provision does not apply to claims for injunctive relief regarding intellectual property, trade secrets, or unauthorized access to the Service.

19. General Provisions

19.1 Entire Agreement

These Terms, along with the Privacy Policy and any subscription order, constitute the entire agreement between you and Flowpilot.

19.2 Modifications

We may update these Terms from time to time. When we make material changes, we will notify you (by email or in-app notification) at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance.

19.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision.

19.4 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

19.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.6 Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, government action, internet outages, or third-party service failures.

19.7 Relationship

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

19.8 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only and do not create rights for third parties.

20. Contact

If you have questions about these Terms, contact us:

Flowpilot360 LLC 3629 Estacado Ln Plano, TX 75025 Email: hello@flowpilot360.com