Terms of Use Agreement

Introduction

Welcome to strmflow.com (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Strmflow Ltd. (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

1. Acceptance of this Agreement

1.1 Acceptance through using or accessing the Services. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility requirements to use or access the Services. To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements and that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent.

1.3 Changes to this Agreement. The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before changes become effective. Your continued use of or access to the Services following any changes shall constitute your acknowledgment of and agreement to be bound by such changes. You should check this page frequently, as changes are binding on you.

2. Access to the Services

2.1 Changes to your access and the Services. The Services may change from time to time as the Company evolves, refines, or adds features. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. The Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time.

2.2 Creating an account. You may be required to register for an account and provide certain information about yourself. You promise to provide accurate, complete, and updated information. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service. All information you provide is governed by our Privacy Policy.

2.3 Account responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account, and for all activities associated with your account. You agree not to provide anyone else with access to the Services using your credentials, and to notify the Company immediately of any actual or suspected unauthorized use of your account.

2.4 Termination or deletion of an account. The Company has the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms of this Agreement.

3. Policy for using the Services

3.1 Prohibited uses. You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or the Company's general business. You may use the Services for any business or commercial purposes.

3.2 Prohibited activities. You further agree not to:

• Violate any applicable laws, regulations, or contractual obligations.
• Send unsolicited or unauthorized advertising, spam, junk mail, or chain letters.
• Impersonate others or misrepresent your affiliation with a person or entity.
• Exploit or harm minors in any way.
• Upload, display, distribute, or transmit material that does not comply with the Content Standards in this Agreement.
• Harass or interfere with anyone's use or enjoyment of the Services.
• Interfere with or disable the proper working of the Services, including its servers or networks.
• Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, including robots, spiders, crawlers, or scrapers.
• Upload viruses, Trojan horses, worms, or other damaging software, or launch denial-of-service attacks.
• Attempt to gain unauthorized access, breach or circumvent security, or engage in data mining.
• Reverse engineer, decompile, or attempt to obtain the source code of the Services.
• Collect or harvest data about other users without their consent.
• Attempt or assist others in attempting any of the above.

4. Terms and conditions of sale

4.1 Purchasing process. By clicking the checkout button, users open the third-party merchant checkout section to specify contact details and a payment method. Users must review the order and confirm and submit it, thereby accepting these Terms and committing to pay the agreed price.

4.2 Order submission. Submitting an order creates an obligation to pay the price, taxes, and any further fees as specified on the order page. If the purchased Services require active input from you, order submission creates an obligation to cooperate accordingly. Users will receive a receipt confirming the order has been received.

4.3 Prices. You are informed during the purchasing process, before order submission, of any fees, taxes and costs you will be charged.

4.4 Methods of payment. Accepted payment methods are made available during the purchasing process. All payments are independently processed through third-party services; the Website does not collect payment information such as credit card details. If payment fails or is refused, the Company is under no obligation to fulfil the purchase order, and any resulting costs are borne by you.

4.5 Retention of usage rights. You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

5. Contract duration

5.1 Subscriptions. Subscriptions allow you to receive Services continuously or regularly over a determined period. Paid subscriptions begin on the day payment is received. You must pay the required recurring fee in a timely manner or service may be interrupted.

5.2 Fixed-term subscriptions. Paid fixed-term subscriptions start on the day payment is received and last for the chosen period. Once the period expires, the Services shall no longer be accessible unless renewed. Fixed-term subscriptions may not be terminated prematurely.

5.3 Automatic renewal. Subscriptions automatically renew through your chosen payment method unless cancelled within the specified deadlines. The renewed subscription lasts for a period equal to the original term. You will receive a reminder of the upcoming renewal with reasonable advance notice.

5.4 Termination. Recurring subscriptions may be terminated at any time by sending a clear termination notice to the Company. Termination is effective at the end of the current billing period.

5.5 Termination notice. If notice of termination is received before the subscription renews, termination takes effect as soon as the current period is completed.

6. Intellectual property rights

6.1 Ownership. All intellectual property rights in the Services and its content, features, and functionality (the "Content") are owned by the Company, its licensors, or other providers. Neither this Agreement nor your access to the Services transfers any right, title, or interest to you. Any rights not expressly granted are reserved by the Company.

6.2 License to use the Services. During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for business or commercial use in accordance with this Agreement. This license terminates upon your cessation of use of the Services or termination of this Agreement.

6.3 Certain restrictions. You shall not: copy, reproduce, publish, or distribute any part of the Content except as expressly permitted; modify, create derivative works from, or reverse engineer the Content; sell, license, sublicense, or otherwise exploit the Content or Services; delete or alter any proprietary rights notices; use the Content to build a competitive product or service; or use any retrieval system to compile a database from the Services.

6.4 Trademark notice. All trademarks, logos, and service marks displayed on the Services are the property of the Company or third parties. You may not use them without prior written consent.

7. User content

7.1 User generated content. The Services may allow users to post, upload, or transmit content ("User Content"). You are solely responsible for your User Content, which will be considered non-confidential and non-proprietary. The Company is not responsible or liable to any third party for User Content posted by you or other users, nor for any loss or damage arising from interactions between users.

7.2 License. You grant the Company an irrevocable, non-exclusive, royalty-free, transferable, perpetual, and worldwide license to reproduce, distribute, display, and otherwise use and exploit your User Content in connection with the Services and the Company's business, including for promotion. You represent that you have all rights necessary to grant this license.

7.3 Content Standards. User Content must not: violate any applicable laws or contractual obligations; promote illegal activity or harm; infringe intellectual property rights; be defamatory, abusive, or objectionable; promote sexually explicit material or discrimination; contain false or misleading information or impersonation; or imply endorsement by the Company where none exists.

7.4 Monitoring and enforcement. We reserve the right, but are not obligated, to take action regarding User Content we deem necessary, remove or reject User Content, disclose User Content to satisfy legal requirements, or terminate access for violations. We do not review User Content before it is posted and assume no liability for it.

8. Copyright infringement (Digital Millennium Copyright Act Policy)

The Company respects the intellectual property of others and will terminate users who are repeat infringers. If you believe your work has been copied in a way that constitutes infringement, please provide our designated copyright agent with: a signature of the copyright owner or authorized representative; a description of the copyrighted work; a description and location of the allegedly infringing material; your contact information; a good-faith statement that use is unauthorized; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act.

Designated copyright agent: info@strmflow.com

9. Feedback to the Company

If you provide the Company with feedback or suggestions regarding the Services, you assign to the Company all rights in such feedback and agree the Company may use and exploit it as it deems appropriate, treating it as non-confidential and non-proprietary.

10. Assumption of risk

Information presented on or through the Services is made available for general information purposes only. The Company does not warrant its accuracy, completeness, suitability, or quality. Any reliance on such information is strictly at your own risk.

11. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. All text messaging originator opt-in data and consent information will not be shared with third parties, excluding aggregators and providers necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

12. White-labeled HighLevel CRM Services

We provide white-labeled HighLevel CRM services to our clients. HighLevel CRM is a third-party platform provided under our brand; the underlying software, servers, and infrastructure are owned and operated by GoHighLevel. We are not responsible for service interruptions, data loss, security breaches, or other issues arising from the HighLevel platform. For platform-specific issues you may need to contact GoHighLevel directly. Your data may be processed according to GoHighLevel's own privacy policy and terms, in addition to our policies, and we cannot guarantee the platform's continued availability.

13. AI technologies and services

Our Services may include AI-powered features such as text and voice agents, automated content generation, analytics, quality assurance, natural language processing, and speech-to-text conversion.

By using these features, you acknowledge you may be interacting with automated AI systems rather than human agents; AI-generated content is created through algorithmic processes; and you can request human intervention at any point. We will clearly disclose when you are interacting with an AI system.

Our AI systems collect and process data from your interactions, including text inputs, voice recordings, usage patterns, and content you create, subject to our Privacy Policy. We may use data from your interactions to train and improve our AI systems, anonymising and aggregating where possible, and you can opt out of AI training use by contacting info@strmflow.com.

We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content, and you are responsible for reviewing it before use. It should not be relied upon as professional advice. Voice recordings may be transcribed and processed to provide and improve our services; you will be notified before recording begins, and you can request deletion of voice recordings by contacting info@strmflow.com.

The Company retains all intellectual property rights in the AI systems themselves. You receive a non-exclusive, worldwide, royalty-free license to use AI-generated content based on your inputs for your business purposes, and you are responsible for ensuring such use does not infringe third-party rights.

You agree not to use our AI technologies to generate unlawful content, create deepfakes or misleading synthetic media without disclosure, impersonate individuals, spam or harass, attempt to manipulate or evaluate the systems harmfully, extract training data or model parameters, or develop competing products.

We are committed to responsible AI use, including disclosure, human oversight, regular evaluation, and mechanisms to report concerns. Our AI technologies are continuously evolving and we reserve the right to modify, update, or discontinue features, and to adjust pricing as technology and costs evolve. Some AI features may incorporate third-party technologies, and your data may be processed under both our terms and the third party's terms.

You acknowledge that AI technologies may contain errors or limitations, may occasionally produce unexpected or inaccurate outputs, and that use of AI-generated content or decisions based on AI recommendations is at your own risk.

14. Termination

14.1 Termination. The Company may suspend or terminate your access at any time, for any reason, in our sole discretion and without prior notice, including for breach of this Agreement. The Company has no liability to you for any suspension or termination. You may terminate this Agreement at any time by contacting the Company.

14.2 Effect of termination. Provisions that by their nature should survive termination shall remain in effect, including ownership, warranty disclaimers, and limitations of liability. Termination may involve deletion of your User Content from our databases.

15. No warranty

The Services are provided on an "as-is" and "as available" basis, at your own risk, without warranties of any kind to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Content is accurate, reliable, or complete, that the Services will meet your requirements, or that they will be uninterrupted, error-free, or secure. Where applicable law requires warranties, they are limited in duration to ninety (90) days from first use.

16. Limitation of liability

To the fullest extent allowed by law, the Company and its affiliates shall not be liable for any damages arising out of or in connection with your use or inability to use the Services, including loss of revenue, profit, data, or goodwill, or any consequential, incidental, indirect, or punitive damages. Your sole remedy for dissatisfaction with the Services is to stop using them. The Company's total liability shall not exceed the greater of the amount paid by you in the six months prior to the event giving rise to liability, or one hundred dollars ($100.00).

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any losses, claims, damages, liabilities, or expenses, including reasonable attorneys' fees, arising out of or relating to your breach of this Agreement or your use or misuse of the Services, including your User Content or actions taken by a third party using your account.

18. Miscellaneous

18.1 Waiver. No failure or delay by the Company in exercising any right under this Agreement shall operate as a waiver of that right.

18.2 Severability. If any term of this Agreement is found invalid or unenforceable, the remaining terms remain in effect.

18.3 Entire agreement. This Agreement, together with referenced documents, constitutes the entire agreement between you and the Company and supersedes all prior understandings.

18.4 Headings. Headings are for convenience only and do not affect the meaning of any provision.

18.5 No agency, partnership, or joint venture. No agency, partnership, or joint venture is created between you and the Company by this Agreement.

18.6 Assignment. You may not assign or delegate your rights or obligations without the Company's prior written consent. The Company may freely assign or delegate its rights and obligations at any time.

18.7 Export laws. The Services may be subject to U.S. export control laws, and you agree to comply with them.

18.8 Force majeure. The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, epidemic or pandemic, war, government action, or labor disturbances.

18.9 Compliance with laws. You agree to comply with all applicable laws and regulations regarding your use of the Services.

18.10 No third-party beneficiaries. This Agreement is for the sole benefit of the parties and their successors and assigns.

19. SMS/Text messages

19.1 Program description. Our SMS program provides text messages for appointment reminders, events, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies.

19.2 Opting out. You can cancel the SMS service at any time by texting "STOP" to the relevant shortcode. We will confirm your unsubscribe status via SMS. To rejoin, sign up again or text "START".

19.3 Help and support. Reply "HELP" for assistance or email info@strmflow.com.

19.4 Carrier liability. Carriers are not liable for delayed or undelivered messages.

19.5 Message and data rates. Message and data rates may apply. Contact your wireless provider for questions about your plan.

19.6 Recurring messages disclosure. By opting in, you authorize us to send recurring text messages to the mobile number you provide. You are not required to agree to receive recurring messages as a condition of purchasing goods or services.

19.7 Prohibited content. Our SMS messages will never contain phishing attempts, smishing, illegal content, or SHAFT content (sex, hate, alcohol, firearms, and tobacco) that does not follow applicable laws and regulations.

19.8 SMS opt-in data protection. Opt-in data and consent information will not be shared with third parties, excluding aggregators and providers necessary to deliver the SMS service, and will not be used for marketing by third parties.

19.9 Privacy for SMS services. For privacy-related inquiries regarding our SMS service, please refer to our Privacy Policy.

20. Additional protections and liability waivers

20.1 Data security standards. We implement reasonable security measures in accordance with industry standards, but no method of transmission or storage is completely secure and we cannot guarantee absolute security.

20.2 Service level commitment. While we strive to maintain 99.9% uptime, we do not guarantee uninterrupted access and are not liable for downtime.

20.3 Refund policy. Unless otherwise specified at the time of purchase, all sales are final and non-refundable. Refunds granted at the Company's discretion are issued to the original payment method. See our Return Policy for details on DFY services.

20.4 Account information updates. You are responsible for promptly updating your account information if it changes.

20.5 Reservation of rights. All rights not expressly granted to you are reserved by the Company.

20.6 Waiver of right to sue. By purchasing or using our products or services, you agree that you waive any right to sue the Company in court or participate in a class action lawsuit, and that disputes will be resolved exclusively through binding arbitration.

20.7 Protection against vexatious litigation. You agree not to bring or support any vexatious, frivolous, or predatory litigation against the Company. Attempts to circumvent arbitration entitle the Company to recover related legal costs.

20.8 Covenant not to sue. You agree not to sue or file any action against the Company or its employees, officers, directors, affiliates, or agents in any jurisdiction for claims arising from your use of the Services or this Agreement.

20.9 Acknowledgment. By using the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

21. Contact information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 8. All other feedback, comments, requests for technical support, and communications relating to the Services should be directed to:

Email: info@strmflow.com