Terms of Service

Terms of Service for Flowtone.ai

Last Updated: January 24, 2025

This Agreement is between Flowtone.ai and the company or person accessing or using the Product (the "Customer"). By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions set forth herein.

Definitions

1.1 "Product" refers to the AI phone service and
online web portal provided by Flowtone.ai.

1.2 "Customer" means the company or person who accesses or uses the
Product.

1.3 "Customer Content" means any data, information, or material
provided or submitted by Customer to the Product.

Access and Use of the Product

2.1 Flowtone.ai grants Customer a non-exclusive,
non-transferable, and limited right to access and use the Product during the
Subscription Period, subject to the terms of this Agreement.

2.2 Customer agrees to use the Product only for lawful purposes and in
compliance with all applicable laws and regulations.

2.3 Customer shall not:

(a) copy, modify, or create derivative works of the Product;

(b) reverse engineer, decompile, or disassemble the Product;

(c) sell, resell, rent, lease, or sublicense the Product; or

(d) use the Product to store or transmit infringing, libelous, or otherwise
unlawful material.

Intellectual Property

3.1 Flowtone.ai retains all right, title, and interest in
and to the Product, including all intellectual property rights therein.

3.2 Customer retains all right, title, and interest in and to the Customer
Content.

Privacy and Data Protection

4.1 Flowtone.ai's collection, use, and disclosure of
personal information in connection with the Product is governed by its Privacy
Policy, which is incorporated into this Agreement by reference and complies
with applicable United States privacy laws.

4.2 Customer acknowledges and agrees that Flowtone.ai may use third-party AI
models to enhance the Product and that Customer Content may be shared with
these models for processing and analysis, as described in the Privacy Policy.

Fees and Payment

5.1 Customer shall pay the applicable fees for the Product
as set forth on Flowtone.ai's pricing page or as otherwise agreed upon in
writing.

5.2 Flowtone.ai reserves the right to modify its pricing at any time upon
reasonable notice to Customer. Any price changes will take effect at the start
of the next Subscription Period.

5.3 Customer is responsible for all taxes, duties, and other governmental
charges associated with the Product, excluding taxes based on Flowtone.ai's net
income.

Term and Termination

6.1 This Agreement shall commence on the Effective Date and
continue until terminated by either party.

6.2 Either party may terminate this Agreement at any time
and for any reason upon written notice to the other party.

6.3 Upon termination, Customer's right to access and use the Product shall
immediately cease, and Customer shall promptly delete all copies of the Product
in its possession or control.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Flowtone.ai, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Flowtone.ai, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Flowtone.ai does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Flowtone.ai spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF Flowtone.ai. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

7.1 The Product is provided "as is" and "as
available," without warranty of any kind, express or implied, including
but not limited to warranties of merchantability, fitness for a particular
purpose, or non-infringement.

7.2 Flowtone.ai does not warrant that the Product will meet Customer's
requirements or that its operation will be uninterrupted or error-free.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation. 8.1 In no event shall Flowtone.ai be liable for any
indirect, incidental, special, consequential, or punitive damages arising out
of or relating to this Agreement or the Product.

8.2 Flowtone.ai's total liability under this Agreement shall not exceed the
fees paid by Customer to Flowtone.ai during the 12-month period preceding the
event giving rise to the claim.

Governing Law and Dispute Resolution

9.1

These Terms of Use shall be governed under the laws of the State of North Carolina without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Raleigh and County of Wake, North Carolina. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

9.2

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Severability

10.1

This If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Miscellaneous

1.1 This Agreement constitutes the entire agreement between
the parties and supersedes all prior or contemporaneous communications and
proposals, whether oral or written, with respect to the subject matter hereof.

11.2 Flowtone.ai may modify this Agreement at any time by posting a revised
version on its website or by notifying Customer via email. Customer's continued
use of the Product after any such changes shall constitute its acceptance of
the modified Agreement.

11.3 If any provision of this Agreement is held to be invalid or unenforceable,
the remaining provisions shall continue in full force and effect.

By using the Flowtone.ai Product, Customer acknowledges that
it has read, understood, and agrees to be bound by the terms and conditions of
this Agreement.