Terms of service

1. Eligibility and account registration

1.1 Eligibility

To use Flowpath, you must be at least 18 years of age, or the age of legal majority in your jurisdiction if that is higher. By agreeing to these Terms, you represent and warrant that you meet this requirement. If you are using the Services on behalf of a legal entity, you represent that the entity is duly organised and validly existing under the laws of its jurisdiction.

1.2 Account registration

To access most features of the Services, you must create an account. When registering, you agree to provide accurate, current and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at security@flowpath.ai if you suspect unauthorised access to your account. Flowpath will not be liable for any loss or damage arising from your failure to maintain adequate security of your account credentials.

1.3 One account per person

Each individual may maintain only one personal account. Creating multiple accounts to circumvent usage limits, access free trials repeatedly, or exploit promotional offers is a violation of these Terms and may result in termination of all associated accounts.

2. The Services

2.1 Description

Flowpath provides an AI-powered automation platform that enables users to build, deploy and manage automated workflows ("Agents") that connect third-party tools and services. The specific features and functionality available to you depend on the subscription plan you have selected.

2.2 Modifications to the Services

We reserve the right to modify, suspend or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that negatively affect your use of the Services, where technically and commercially practicable. Flowpath will not be liable to you or any third party for any modification, suspension or discontinuation of the Services.

2.3 Beta features

We may offer certain features or functionality on a beta or early-access basis. Beta features are provided "as is" without warranty of any kind and may be modified or discontinued at any time. Your use of beta features is subject to any additional terms we communicate to you at the time of access.

2.4 Third-party integrations

The Services allow you to connect third-party applications and services ("Third-Party Services") to your Agents. Your use of Third-Party Services is governed by the terms and privacy policies of those third parties. Flowpath does not control Third-Party Services and is not responsible for their availability, accuracy, content or practices. We make no warranty regarding Third-Party Services and will not be liable for any damage or loss arising from your use of them.

3. Subscription plans and payment

3.1 Plans

Flowpath offers several subscription tiers, including a free Starter plan and paid Growth and Enterprise plans. A full description of features available on each plan is available at flowpath.ai/pricing. We reserve the right to change plan features, limits and pricing at any time, subject to the notice provisions in Section 3.5.

3.2 Payment

Paid plans are billed in advance on a monthly or annual basis, as selected at the time of purchase. All payments are processed by our payment provider, Stripe. By providing payment information, you authorise Flowpath to charge the applicable fees to your payment method on a recurring basis until you cancel your subscription.

All fees are stated in US dollars and are exclusive of applicable taxes unless stated otherwise. You are responsible for all applicable taxes, levies or duties imposed by taxing authorities in connection with your use of the Services.

3.3 Free trial

Paid plans may include a free trial period, as stated at the time of signup. At the end of the free trial, your selected payment method will be charged unless you cancel before the trial expires. We will send you a reminder before the trial ends.

3.4 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may be refunded on a prorated basis within 30 days of the initial purchase or annual renewal date. After 30 days, annual subscriptions are non-refundable but remain active until the end of the billing period. Enterprise subscriptions are subject to the refund terms specified in the applicable Order Form.

3.5 Price changes

We will provide at least 30 days' written notice before increasing the price of your current subscription plan. Price changes take effect at your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

3.6 Overages

If your usage exceeds the limits of your subscription plan, we will notify you at 80% and 100% of your monthly limit. We will not automatically charge overage fees. If you consistently exceed your plan limits, we may ask you to upgrade to a higher plan or reduce your usage.

4. Acceptable use

4.1 Permitted use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services in a manner consistent with all applicable local, national and international laws and regulations.

4.2 Prohibited conduct

You agree not to use the Services to:

— Violate any applicable law, regulation, or third-party rights, including intellectual property rights, privacy rights, or contractual obligations — Transmit or facilitate the transmission of spam, unsolicited communications, or commercial messages in violation of applicable law — Upload, transmit or distribute any malware, viruses, trojan horses, or other malicious code — Attempt to gain unauthorised access to any part of the Services, other users' accounts, or any computer systems or networks connected to the Services — Interfere with or disrupt the integrity or performance of the Services or the data contained therein — Scrape, crawl, or otherwise extract data from the Services in an automated manner, except through our published API and in compliance with our API terms — Build a competing product or service using our Services or by substantially reproducing the features or functionality of our Services — Circumvent any technical or administrative safeguards implemented by Flowpath — Use the Services to process, store or transmit data in violation of applicable privacy laws, including the GDPR, CCPA or HIPAA, unless you have a valid Data Processing Agreement with us — Engage in any activity that imposes an unreasonable or disproportionate load on our infrastructure

4.3 Enforcement

We reserve the right to investigate any suspected violation of these Terms and to take appropriate action, including suspending or terminating your account, removing violating content, or reporting conduct to law enforcement authorities. We are not obligated to monitor the Services for violations, but we may do so at our discretion.

5. Intellectual property

5.1 Flowpath's intellectual property

The Services, including all software, algorithms, interfaces, documentation, design elements and content provided by Flowpath, are owned by Flowpath or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property laws. These Terms do not grant you any ownership interest in the Services.

Subject to your compliance with these Terms and payment of applicable fees, Flowpath grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal business purposes during the term of your subscription.

5.2 Your content

You retain all ownership rights in the data, content, workflow configurations, and other materials you upload to or create through the Services ("Customer Content"). By using the Services, you grant Flowpath a limited, worldwide, royalty-free licence to host, store, process and transmit your Customer Content solely as necessary to provide the Services to you.

You represent and warrant that you have all rights, licences, consents and permissions necessary to grant this licence, and that your Customer Content does not infringe the intellectual property rights, privacy rights or any other rights of any third party.

5.3 Feedback

If you provide us with feedback, suggestions, ideas or recommendations about the Services ("Feedback"), you grant Flowpath a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify and incorporate that Feedback into our Services without any obligation to compensate you. You waive any moral rights you may have in the Feedback to the fullest extent permitted by applicable law.

6. Data privacy and security

6.1 Privacy Policy

Our collection and use of personal data in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to the terms of our Privacy Policy.

6.2 Data Processing Agreement

If you use the Services to process personal data of individuals located in the European Economic Area, the United Kingdom, or other jurisdictions with applicable data protection laws, the processing of such data is governed by our Data Processing Agreement (DPA), available at flowpath.ai/legal/dpa. The DPA is incorporated into these Terms by reference for customers who are subject to applicable data protection laws.

6.3 Security

We implement and maintain technical and organisational security measures designed to protect your data against unauthorised access, disclosure, alteration or destruction. A description of our security practices is available at flowpath.ai/security. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.

6.4 Data retention

We retain your Customer Content and account data for as long as your account is active and for a reasonable period thereafter as described in our Privacy Policy. Upon termination of your account, we will delete or anonymise your data within 90 days, except where we are required to retain it for legal, regulatory or legitimate business purposes.

7. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information").

Each party agrees not to disclose the other's Confidential Information to any third party without prior written consent, except to employees, contractors and advisors who need to know it for the purpose of performing under these Terms and who are bound by confidentiality obligations at least as protective as those in this section.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.

8. Term and termination

8.1 Term

These Terms commence on the date you first access the Services and continue until terminated in accordance with this section.

8.2 Termination by you

You may cancel your subscription at any time through your account settings or by contacting support@flowpath.ai. Cancellation takes effect at the end of your current billing period for monthly plans. For annual plans, cancellation takes effect at the end of the annual term unless you are eligible for a refund under Section 3.4.

8.3 Termination by Flowpath

We may suspend or terminate your access to the Services immediately, with or without notice, if: (a) you materially breach these Terms and fail to cure the breach within 10 days of written notice; (b) you engage in prohibited conduct under Section 4.2; (c) we are required to do so by law or regulation; or (d) we reasonably believe that continued access poses a security risk to the Services or other users.

8.4 Effect of termination

Upon termination, your right to access and use the Services ceases immediately. We will provide you with a 30-day window to export your data following termination, except in cases of termination for cause. After this window, your data will be deleted in accordance with our data retention practices.

Sections 5, 6, 7, 9, 10, 11 and 12 of these Terms survive termination.

9. Disclaimers

9.1 As-is basis

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

9.2 No guarantee of availability

Flowpath does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from using the Services will be accurate, complete or reliable.

9.3 Third-party services

Flowpath expressly disclaims all liability for Third-Party Services connected to the platform. Your use of Third-Party Services is entirely at your own risk.

10. Limitation of liability

10.1 Exclusion of indirect damages

To the maximum extent permitted by applicable law, Flowpath and its officers, directors, employees, agents and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, even if Flowpath has been advised of the possibility of such damages.

10.2 Aggregate liability cap

To the maximum extent permitted by applicable law, Flowpath's total aggregate liability to you for all claims arising out of or relating to these Terms or the Services, whether in contract, tort, negligence, strict liability or otherwise, will not exceed the greater of: (a) the total fees paid by you to Flowpath in the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred US dollars (USD $100).

10.3 Basis of the bargain

The limitations of liability in this section reflect a reasonable allocation of risk between the parties. Flowpath would not be able to provide the Services at the prices charged without these limitations, and you acknowledge that these limitations are a fundamental element of the basis of the bargain between the parties.

10.4 Consumer rights

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, Flowpath's liability will be limited to the fullest extent permitted by applicable law. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to indemnify, defend and hold harmless Flowpath and its officers, directors, employees, agents and licensors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your Customer Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights.

Flowpath reserves the right to assume exclusive control of the defence of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of that claim.

12. General provisions

12.1 Governing law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

12.2 Dispute resolution

Any dispute, controversy or claim arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

The arbitration will be conducted in San Francisco, California, United States. The language of the arbitration will be English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class action waiver

To the maximum extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration against Flowpath. If this waiver is found unenforceable, the class action portion will be severed and resolved in court while the individual claims proceed in arbitration.

12.4 Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement and any Order Forms or statements of work, constitute the entire agreement between you and Flowpath with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties.

12.5 Amendments

We reserve the right to amend these Terms at any time. We will provide at least 30 days' notice of material changes by email or by displaying a prominent notice within the Services. Your continued use of the Services after the effective date of any amendment constitutes your acceptance of the updated Terms. If you do not agree to the amended Terms, you must stop using the Services before the effective date.

12.6 Waiver and severability

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

12.7 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Flowpath may assign these Terms in their entirety, including all rights and obligations, without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

12.8 Force majeure

Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, riots, civil unrest, governmental actions, internet or telecommunications failures, or power outages.

12.9 No third-party beneficiaries

These Terms do not confer any rights or remedies on any third party unless expressly stated otherwise.

12.10 Notices

Notices to Flowpath should be sent in writing to legal@flowpath.ai or by post to Flowpath, Inc., 548 Market Street, Suite 100, San Francisco, CA 94104, United States. We will send notices to you at the email address associated with your account.

Contact us

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

Flowpath, Inc. Email: legal@flowpath.ai Address: 548 Market Street, Suite 100, San Francisco, CA 94104, United States