Flow Mark AI — Legal

Terms of Service

Welcome to Flow Mark AI ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website flowmarkai.com and our AI-powered products, services, and software, including voice agents, chatbots, and automation tools (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree, you must discontinue use.

1. Eligibility

• You are at least 18 years old and legally able to enter into these Terms.
• You have the authority to bind your organization, if applicable.
• You will use the Services only for lawful purposes.

2. Description of Services

Flow Mark AI provides AI-powered business automation, including: voice agents (inbound/outbound), conversational website widgets, appointment booking and lead qualification tools, and AI-driven customer engagement. We may modify, suspend, or discontinue features; material adverse changes to paying customers will be communicated in advance where practicable.

3. User Responsibilities

• Provide accurate information and keep account credentials secure.
• Comply with all applicable laws, including data protection and telemarketing regulations (e.g., TCPA in the U.S.).
• Obtain necessary consent from end users for outreach, recordings, or data processing.
• Do not reverse engineer, resell, or misuse the Services, transmit malware, or harass others.

4. Data & Privacy

Your use is subject to our Privacy Policy, which describes how we collect and process data, including call recordings and transcripts.

5. Payment Terms

• Fees are billed in USD per the applicable order, invoice, or plan.
• Late or failed payments may lead to suspension or termination.
• Setup fees are non-refundable unless otherwise stated in writing.
• Subscriptions renew monthly unless canceled at least 7 days before the next cycle.

6. Call Recording & Compliance

• Calls may be recorded/transcribed for quality, training, and compliance.
• You are responsible for complying with one- or two-party consent laws and any required disclosures to participants.
• You must ensure your use complies with consumer protection and telemarketing laws.

7. Intellectual Property

The Services, software, models, and content are owned by Flow Mark AI or its licensors. We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes. No other rights are granted.

8. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind. We do not warrant uninterrupted or error-free operation, nor the accuracy of AI outputs. Validate critical information before acting.

9. Limitation of Liability

To the maximum extent permitted by law, Flow Mark AI is not liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability arising from these Terms or the Services will not exceed the fees you paid in the three (3) months preceding the event.

10. Indemnification

You will defend, indemnify, and hold harmless Flow Mark AI, its affiliates, officers, and employees from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your noncompliance with laws.

11. Termination

We may suspend or terminate access if you breach these Terms, fail to pay, or if required by law. You may terminate with written notice; termination does not relieve you of payment obligations for Services already rendered.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Nevada], without regard to conflict-of-law rules. Exclusive jurisdiction and venue lie in the courts located in [Clark County,Nevada].

13. Changes

We may update these Terms. We will post changes here with an updated “Last Updated” date. Continued use constitutes acceptance.

14. Contact

Email: [email protected] · Website: flowmarkai.com

Privacy Policy

Flow Mark AI ("we," "our," or "us") respects your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you visit flowmarkai.com or use our AI-powered Services. By accessing or using our website and Services, you agree to this Policy.

1. Information We Collect

a) Information You Provide

• Contact: name, email, phone, company.
• Business: industry, size, location, services.
• Billing: payment details processed by third-party processors.

b) Information Collected Automatically

• IP address, device/browser information, pages viewed, timestamps, referring URLs.
• Analytics data via tools such as Google Analytics.

c) Voice & Chat Interactions

• Call recordings, transcriptions, chat logs, caller ID, numbers, and lead details submitted to our voice agents or chat widgets.
• Responses to qualification questions, appointment details, and customer support inquiries.

2. How We Use Information

• Provide, operate, and improve the Services.
• Respond to inquiries and deliver customer support.
• Schedule appointments and process transactions.
• Analyze usage to enhance functionality and security.
• Send marketing communications with your consent and offer opt-outs.
• Comply with legal obligations and prevent fraud or abuse.

3. How We Share Information

We do not sell or rent personal information. We may share data with:

• Service providers (e.g., CRM, AI processing, analytics, payment processors) under contractual confidentiality and data protection obligations.
• Legal authorities when required by law or to protect rights, safety, or property.
• Business transfers in connection with a merger, acquisition, or sale of assets.

4. Data Retention

• Analytics: up to 26 months.
• Calls/Chats: retained as necessary for the service purpose unless deletion is requested.
• Billing: retained for tax and legal compliance.

5. Your Privacy Rights

Depending on your location (e.g., California CCPA/CPRA, EU/EEA GDPR), you may have rights to access, correct, delete, restrict, object, or receive a portable copy of your data, and to opt-out of certain processing. To exercise rights, contact [email protected].

6. Security

• TLS encryption in transit.
• Restricted access and authentication for sensitive systems.
• Secure storage for recordings and transcripts.

7. Cookies & Tracking

We use cookies and similar technologies to remember preferences, authenticate sessions, and analyze traffic. You can control cookies via your browser settings. Some features may not function without certain cookies.

8. Third-Party Links

Our site may link to third-party websites. We are not responsible for their content or privacy practices.

9. Children’s Privacy

Our Services are not directed to individuals under 18, and we do not knowingly collect personal information from children.

10. International Transfers

If you access the Services from outside the U.S., your data may be processed in countries with different data protection laws. Where required, we use appropriate safeguards.

11. Changes to This Policy

We may update this Policy from time to time. We will post changes on this page and update the “Last Updated” date.

12. Contact

Email: [email protected] · Website: flowmarkai.com