Terms of Service

1. Agreement to Terms

By accessing or using FlowPack's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

2. Description of Services

FlowPack provides AI-powered appointment setting and lead generation services for professional service businesses including, but not limited to, real estate professionals, contractors, medical spas, and high-ticket service providers.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Operate a legitimate business
• Comply with all applicable laws and regulations
• Not be prohibited from using our services under U.S. law

4. Client Responsibilities

4.1 Information Accuracy

You agree to provide:

• Accurate business information
• Valid contact details
• Correct calendar availability
• Truthful service descriptions
• Current pricing information

4.2 Compliance Obligations

You agree to:

• Comply with all applicable federal, state, and local laws
• Follow TCPA (Telephone Consumer Protection Act) regulations
• Adhere to CAN-SPAM Act requirements
• Not engage in spam, fraud, or deceptive practices
• Respond to customer inquiries in good faith
• Honor appointments booked through our service

4.3 Prohibited Uses

You may NOT use our services to:

• Send spam or unsolicited bulk messages
• Promote illegal products, services, or activities
• Engage in harassment or abusive behavior
• Transmit malicious code or viruses
• Violate any person's privacy or intellectual property rights
• Impersonate another person or entity
• Promote adult content, gambling, tobacco, firearms, or illegal substances
• Make false, misleading, or fraudulent claims

5. Appointment Responsibilities

5.1 Client Obligations

You agree to:

• Show up to all scheduled appointments
• Arrive on time or provide adequate notice of delays
• Provide professional service to booked leads
• Update availability when capacity is full
• Notify us of scheduling conflicts promptly

5.2 No-Show Policy

Repeated failure to honor scheduled appointments may result in:

• Service suspension
• Contract termination
• Withholding of refunds
• Additional fees for wasted lead costs

6. Payment Terms

6.1 Fees

Service fees are outlined in your service agreement and may include:

• Setup fees (one-time)
• Monthly retainer fees
• Per-appointment fees (if applicable)
• Platform usage fees
• Additional services as agreed

6.2 Payment Processing

• Payments are processed through Stripe
• All fees are in U.S. Dollars (USD)
• Payment is due according to the schedule in your service agreement
• Late payments may incur a 1.5% monthly interest charge

6.3 Refund Policy

• Setup fees are non-refundable once work has commenced
• Monthly fees are non-refundable once the service month has begun
• Per-appointment fees are refundable only if we fail to deliver the booked appointment
• Refund requests must be submitted in writing to alan@flowpack.co

6.4 Price Changes

We reserve the right to change our pricing with 30 days' written notice. Continued use of services after price changes constitutes acceptance.

7. Service Level & Performance

7.1 Best Efforts

We will use commercially reasonable efforts to:

• Deliver agreed-upon appointment volumes
• Maintain system uptime and availability
• Respond to support requests within 48 hours
• Optimize campaigns for performance

7.2 No Guarantees

We do NOT guarantee:

• Specific appointment volumes (estimates are projections)
• Lead quality or conversion rates
• Client's ability to close sales
• Uninterrupted or error-free service
• Results identical to past performance

7.3 Third-Party Dependencies

Our services rely on third-party platforms including:

• Twilio/GoHighLevel (SMS delivery)
• Google/Outlook (calendar integration)
• Stripe (payment processing)

We are not liable for third-party service interruptions, outages, or failures.

8. Intellectual Property

8.1 Our Property

FlowPack retains all rights to:

• Our AI systems and technology
• Software, code, and algorithms
• Campaign templates and frameworks
• Marketing materials and branding
• Trade secrets and proprietary processes

8.2 Client Property

You retain all rights to:

• Your business name and branding
• Your service descriptions
• Your customer relationships
• Data about your customers

8.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services during the term of your agreement. This license terminates upon contract termination.

9. Data & Privacy

9.1 Data Collection

We collect and process data as described in our Privacy Policy.

9.2 Data Ownership

• Lead data generated through our campaigns: Jointly owned
• Customer relationship data: Owned by you
• System and performance data: Owned by FlowPack

9.3 Data Security

We implement reasonable security measures, but cannot guarantee absolute security. You are responsible for:

• Maintaining secure passwords
• Protecting your account access
• Monitoring for unauthorized use

10. Term & Termination

10.1 Contract Term

Services begin upon contract execution and continue on a month-to-month basis unless otherwise specified.

10.2 Termination by Client

You may terminate services by:

• Providing 30 days' written notice
• Emailing alan@flowpack.co with termination request
• Payment of all outstanding fees

10.3 Termination by FlowPack

We may terminate or suspend services immediately if you:

• Violate these Terms
• Engage in prohibited activities
• Fail to pay fees when due
• Damage our reputation or business
• Repeatedly fail to honor scheduled appointments

10.4 Effect of Termination

Upon termination:

• You must pay all outstanding fees
• We will cease all campaigns within 48 hours
• You retain your customer relationships
• We retain the right to use aggregated data for improvement
• No refunds for prepaid services

11. Warranties & Disclaimers

11.1 Limited Warranty

We warrant that we will provide services in a professional manner consistent with industry standards.

11.2 DISCLAIMER OF WARRANTIES

WE DO NOT WARRANT THAT:

• Services will be uninterrupted or error-free
• Results will meet your expectations
• Defects will be corrected
• The service is free from viruses or harmful components

12. Limitation of Liability

12.1 Liability Cap

12.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Damage to reputation or goodwill

12.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

13. Indemnification

You agree to indemnify, defend, and hold harmless FlowPack, Obsidian West LLC, and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights
• Content you provide to us
• Your business practices or customer interactions

14. Dispute Resolution

14.1 Governing Law

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

14.2 Informal Resolution

Before filing any legal action, you agree to contact us at alan@flowpack.co to attempt informal resolution.

14.3 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association. You waive your right to participate in class actions.

14.4 Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property violations
• Breach of confidentiality
• Urgent matters requiring immediate relief

14.5 Venue

If arbitration does not apply, exclusive venue for disputes is in the state and federal courts located in Los Angeles County, California.

15. Confidentiality

15.1 Confidential Information

Both parties agree to maintain confidentiality of:

• Business strategies and plans
• Pricing information
• Customer lists and data
• Proprietary processes and systems
• Trade secrets

15.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with your service agreement and Privacy Policy, constitute the entire agreement and supersede all prior agreements.

16.2 Amendments

We may modify these Terms at any time by posting updated Terms at flowpack.co/terms. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

16.4 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

16.5 Assignment

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

16.6 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, strikes, government actions, or third-party service failures.

16.7 Relationship

You and FlowPack are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

16.8 Notice

All notices must be sent to:

• FlowPack: alan@flowpack.co
• You: The email address in your service agreement

16.9 Survival

Provisions regarding payment, intellectual property, indemnification, limitation of liability, and dispute resolution survive termination.

17. Contact Information

For questions about these Terms: