Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Cloudflow LLC ("CloudFlow," "we," "our," or "us") concerning your access to and use of our field service management application, 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 must not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old and able to form a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

2.2 Account Registration

To access certain features of our Services, you must register for 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 account credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

2.3 Acceptable Use

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Violate or infringe the rights of others, including intellectual property rights
• Upload, transmit, or distribute any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without our permission
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without consent
• Use the Services to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble any part of the Services

3. Subscription and Payments

3.1 Subscription Plans

CloudFlow offers various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

3.2 Billing and Payment

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• You authorize us to charge your payment method on file for all applicable fees
• All fees are non-refundable except as required by law or as explicitly stated
• Payment processing is handled securely through Stripe
• You are responsible for all taxes associated with your subscription

3.3 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' notice of any price changes. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the modified fees.

3.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• Your subscription will not renew for the next billing cycle
• No refunds will be provided for any unused portion of your subscription
• We reserve the right to offer refunds on a case-by-case basis

3.5 Free Trials

We may offer free trial periods for certain subscription 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 terminate free trial offers at any time.

4. Software License Grant

4.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, CloudFlow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during your subscription term solely for your internal business operations. This license does not include any right to:

• Sell, resell, license, sublicense, distribute, rent, or lease the Services
• Use the Services on behalf of any third party
• Modify, adapt, translate, or create derivative works based on the Services
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code
• Remove, alter, or obscure any proprietary notices on the Services
• Access the Services to build a competitive product or service
• Use the Services to store or transmit malicious code or infringing content

4.2 Usage Limits

Your use of the Services is subject to the usage limits specified in your subscription plan, including but not limited to:

• Number of authorized users (seats)
• Storage capacity and data limits
• API call limits and rate restrictions
• Feature availability based on your plan tier

If you exceed the usage limits for your subscription plan, we may charge you for such excess usage, upgrade your plan, or suspend your access until you reduce usage or upgrade.

4.3 Subscription License

The license granted herein is a subscription license only. You acknowledge that you are not purchasing ownership of the Services or any underlying software, but rather purchasing the right to use the Services during your subscription term. Upon expiration or termination of your subscription, your license to use the Services terminates immediately.

5. Intellectual Property Rights

5.1 Our Rights

The Services, including all content, features, functionality, software, source code, algorithms, user interface designs, and technology, are and shall remain the exclusive property of CloudFlow and its licensors. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and other jurisdictions. Nothing in these Terms transfers any ownership rights to you.

5.2 Your Content and Data

You retain all rights, title, and interest in and to Your Content. "Your Content" means all data, information, and materials you upload, submit, or store using our Services, including customer data, job records, invoices, and business information. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and process Your Content solely for the purpose of providing and improving our Services to you.

We claim no ownership over Your Content. You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of Your Content.

5.3 Feedback

If you provide us with any feedback, suggestions, or ideas about our Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback without restriction and without any obligation or compensation to you.

6. Data Ownership, Privacy, and Security

6.1 Your Data Ownership

As between you and CloudFlow, you own all right, title, and interest in Your Content. We do not claim any ownership rights in Your Content. CloudFlow will not access, use, or share Your Content except as necessary to provide the Services or as required by law.

6.2 Data Export

You may export Your Content at any time during your active subscription through the export features available in the Services. Upon termination or expiration of your subscription, you will have thirty (30) days to export Your Content. After this period, we may delete Your Content in accordance with our data retention policies.

6.3 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your data and privacy. Key points include:

• We implement industry-standard security measures to protect your data
• Your data is encrypted in transit and at rest
• We do not sell your personal information to third parties
• You can request access to, correction of, or deletion of your data
• We comply with applicable data protection laws including GDPR and CCPA

6.4 Data Processing

To the extent CloudFlow processes personal data on your behalf, CloudFlow will process such data only in accordance with your instructions and applicable data protection laws. For enterprise customers requiring a Data Processing Agreement (DPA), please contact us at privacy@cloudflowtechnology.com.

6.5 Security

We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Your Content against unauthorized access, loss, or alteration. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

7. Confidentiality

7.1 Definition

"Confidential Information" means any non-public information disclosed by either party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Your Confidential Information includes Your Content. Our Confidential Information includes the Services, pricing information, and technical documentation.

7.2 Obligations

Each party agrees to: (a) protect the Confidential Information of the other party using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party except as permitted under these Terms; and (c) use Confidential Information only to fulfill its obligations under these Terms.

7.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law, provided the receiving party gives reasonable notice to the disclosing party.

8. Service Availability and Modifications

8.1 Uptime and Availability

CloudFlow strives to provide 99.9% uptime for the Services, measured on a monthly basis, excluding scheduled maintenance. However, we do not guarantee that the Services will be available at all times or will be uninterrupted or error-free. We may need to perform maintenance or make updates that temporarily affect availability. We will endeavor to provide advance notice of scheduled maintenance when practicable.

8.2 Service Modifications

We reserve the right to modify, update, or enhance the Services at any time. We will not materially reduce the core functionality of the Services during your subscription term without providing reasonable notice. We may add new features or functionality that may be subject to additional terms or fees.

8.3 Discontinuation

We reserve the right to discontinue the Services or any part thereof with at least ninety (90) days' notice. If we discontinue the Services entirely, you will receive a pro-rata refund for any prepaid fees for the unused portion of your subscription.

9. Beta Features and Preview Services

We may offer certain features, functionality, or services designated as "beta," "preview," "early access," or similar ("Beta Features"). Beta Features are provided "as is" without any warranties or service level commitments. We may modify or discontinue Beta Features at any time without notice. Beta Features may contain bugs, errors, or other issues and are not recommended for production use. Your use of Beta Features is at your own risk.

By using Beta Features, you agree that: (a) Beta Features may not work correctly or at all; (b) we have no obligation to make Beta Features generally available; (c) we may collect additional usage data to improve Beta Features; and (d) all feedback you provide regarding Beta Features is subject to Section 5.3.

10. Termination

10.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting our support team. Upon cancellation, you will retain access until the end of your current billing period.

10.2 Termination by Us

We may suspend or terminate your access to the Services:

• Immediately if you breach any material term of these Terms
• Immediately if you fail to pay any fees when due
• Upon thirty (30) days' notice for convenience
• Immediately if required by law or to protect our systems or other users

10.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• You will have thirty (30) days to export Your Content
• We may delete your account and Your Content after the export period
• You will not be entitled to any refund of fees already paid, except as stated in Section 8.3
• Sections 4, 5, 6, 7, 11, 12, 13, 14, and 15 shall survive termination

11. Disclaimers

Without limiting the foregoing, we do not warrant that:

• The Services will meet your specific requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate, reliable, or complete
• Any errors in the Services will be corrected
• The Services will be compatible with any other software, systems, or services
• The Services will be free of viruses, malware, or other harmful components

You acknowledge that you are solely responsible for determining the suitability of the Services for your business needs.

12. Limitation of Liability

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF CLOUDFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless CloudFlow, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your Content or any content you submit, post, or transmit through the Services
• Your violation of any applicable laws, rules, or regulations
• Any misrepresentation made by you

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (except for payment obligations) where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, or severe weather
• War, terrorism, riots, civil unrest, or armed conflict
• Government actions, laws, regulations, embargoes, or sanctions
• Labor disputes, strikes, or work stoppages
• Epidemics, pandemics, or public health emergencies
• Failure of third-party telecommunications, power supply, or hosting services
• Cyberattacks, denial of service attacks, or other malicious activities by third parties

The affected party shall provide prompt notice to the other party and shall use reasonable efforts to mitigate the effects of the force majeure event.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, you agree to try to resolve the dispute informally by contacting us at legal@cloudflowtechnology.com. We will attempt to resolve the dispute informally within thirty (30) days. If we cannot resolve the dispute informally, you may pursue your claim as described below.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Oklahoma City, Oklahoma, USA, before a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND CLOUDFLOW AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate in any class action lawsuit or class-wide arbitration against CloudFlow.

15.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

16. General Provisions

16.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Oklahoma County, Oklahoma, and you consent to the personal jurisdiction of such courts.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and CloudFlow regarding the use of our Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

16.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Any attempted assignment without consent shall be null and void. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

16.6 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You may provide notices to us by email at legal@cloudflowtechnology.com. Notices are effective upon receipt.

16.7 Independent Contractors

The relationship between you and CloudFlow is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.

17. Third-Party Services and Integrations

Our Services may integrate with or contain links to third-party websites, services, or applications that are not owned or controlled by CloudFlow, including but not limited to payment processors (Stripe), authentication providers, mapping services, and cloud infrastructure providers.

We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party services. You acknowledge and agree that CloudFlow shall not be responsible or liable for any damage, loss, or issues caused by your use of any third-party services.

Your use of third-party services is subject to those services' respective terms and privacy policies. We encourage you to review them before use.

18. Contact Information

If you have any questions about these Terms, please contact us: