Terms of Service

1. Agreement to Terms

By accessing the Floworks website or engaging our services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services. These terms apply to all visitors, clients, and anyone who accesses or uses our website.

2. Description of Services

Floworks provides AI integration, automation, and consulting services for businesses. Our work typically includes:

• Workflow Automation — connecting AI to the tools you already use so repetitive, end-to-end processes run automatically.
• Smart Assistants — custom chat assistants that answer questions, route inbound requests, and qualify leads, grounded in your data.
• AI Strategy — mapping where AI will save time versus where it will create new problems, including roadmaps and risk review.

Engagements are offered under one of three models, defined in a separate project agreement between Floworks and the client:

• Project — a scoped build of one or more automations, typically 4–8 weeks, delivered at a fixed scope.
• Retainer — ongoing capacity after launch for new workflows, improvements, model upgrades, and maintenance.

The specific scope, timeline, and deliverables for each engagement will be defined in the applicable project agreement. Initial consultations are complimentary and do not constitute a binding engagement or create any payment obligations.

3. Third-Party Integrations

Our services typically involve integrating with third-party platforms and tools such as OpenAI, Anthropic, Google Workspace (including Gmail), Slack, Notion, HubSpot, Stripe, and Linear, among others. The specific tools integrated for any engagement are defined in the applicable project agreement. Floworks is not responsible for the availability, performance, or policies of these third-party services. Your use of third-party platforms is subject to their respective terms of service and privacy policies. We will work with you to build custom integrations for tools not listed here where feasible.

Third-party AI providers may update or modify their models, APIs, or services without notice. Floworks will make reasonable efforts to notify you of material changes to third-party services that affect your delivered solution, but does not guarantee uninterrupted compatibility with third-party platforms.

4. Client Responsibilities

You agree to provide timely access to the information, tools, and personnel reasonably needed for us to deliver our services. You are responsible for ensuring that your use of any AI solutions we build complies with all applicable laws and regulations, including those governing data protection, automated decision-making, and algorithmic fairness. You agree not to use our services for any unlawful purpose.

You acknowledge that AI solutions deployed in high-risk contexts — including but not limited to medical diagnosis, legal advice, financial credit decisions, hiring or employment screening, and autonomous systems — may be subject to additional regulatory requirements. You are solely responsible for determining whether your intended use constitutes a high-risk application and for implementing appropriate human oversight, testing, and compliance measures. Floworks recommends human-in-the-loop review for any AI-assisted decisions that materially affect individuals.

5. Data Handling

In the course of delivering our services, Floworks may receive access to your business data, including customer records, internal documents, and information processed by AI systems we build for you. Floworks will use client data solely for the purpose of delivering the agreed-upon services and will not sell, share, or use your data for any unrelated purpose.

Floworks does not develop or train AI models. We integrate existing third-party AI models (such as those provided by OpenAI and Anthropic) into solutions built for your business. Your data will not be used by Floworks to train, fine-tune, or improve any AI model. Where our services involve sending data to third-party AI providers, we will inform you of which providers are used, how your data is processed, and whether those providers use submitted data for model training. We will select provider configurations (such as enterprise APIs and data processing agreements) that minimize or eliminate third-party training on your data where available.

Upon termination of an engagement, Floworks will, at the client's request, return or securely delete all client data in its possession within 30 days, except where retention is required by applicable law. Floworks will confirm deletion in writing upon request.

Where an engagement involves processing personal data on the client's behalf, the parties will execute a Data Processing Agreement (DPA) as required by applicable data protection laws, including GDPR and CCPA. You are responsible for ensuring that any data you provide to us has been collected in compliance with applicable data protection laws and that you have the necessary rights to share it with us.

6. Intellectual Property

All content, designs, branding, and materials on the Floworks website — including text, graphics, logos, and code — are the property of Floworks and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without prior written consent.

Ownership of deliverables produced during client engagements will be defined in each project agreement. Unless the project agreement states otherwise, upon full payment, clients receive ownership of custom work produced specifically for them. Floworks retains the right to reuse general-purpose tools, frameworks, and methodologies developed or used during an engagement.

For AI-generated content produced by systems we build, the client owns the outputs generated through their use of the delivered solution. Floworks makes no claim of ownership over content generated by AI models on the client's behalf after delivery. However, Floworks does not warrant that AI-generated outputs are free from third-party intellectual property claims, as the underlying AI models are provided by third parties.

Please note that under current U.S. Copyright Office guidance, content generated solely by AI without sufficient human authorship may not be eligible for copyright protection. Clients should consider this when relying on AI-generated outputs as proprietary assets.

7. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other in connection with an engagement, whether oral, written, or electronic, including but not limited to business data, customer information, technical specifications, strategic plans, pricing, and proprietary methodologies.

Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose it to any third party except to employees, contractors, or subcontractors who need access to perform under the agreement and who are bound by comparable confidentiality obligations; and (c) not use it for any purpose other than fulfilling obligations under these terms or the applicable project agreement.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt notice where legally permitted.

Confidentiality obligations under this section survive termination of any engagement and remain in effect for three (3) years from the date of disclosure. Additional confidentiality terms may be outlined in your project agreement or a separate non-disclosure agreement.

8. Payment Terms

Payment terms, including fees, billing schedule, and accepted methods, will be outlined in your project agreement. Unless otherwise agreed, invoices are due within 30 days of receipt.

Overdue invoices may accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower), calculated from the due date until payment is received. The client is responsible for reasonable collection costs, including legal fees, incurred by Floworks in recovering overdue amounts. Floworks reserves the right to pause or suspend work on any engagement with outstanding unpaid invoices until payment is received.

9. Warranty

Floworks warrants that all services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. If you believe any deliverable does not meet the agreed-upon specifications, you must notify Floworks in writing within 30 days of delivery. Floworks will, at its own expense, re-perform or correct the deficient services. If no written objection is received within the 30-day period, the deliverable shall be deemed accepted.

This warranty does not cover issues arising from client-provided data, third-party platform changes, modifications made by the client after delivery, or the inherent probabilistic nature of AI model outputs.

Floworks does not warrant that AI solutions will produce outputs free from bias or discrimination. The third-party AI models we integrate may reflect biases present in their training data, which is outside of Floworks's control. Floworks will take reasonable steps to mitigate bias through prompt engineering, output filtering, and model selection, but cannot guarantee bias-free results. The client is ultimately responsible for evaluating AI outputs for fairness and compliance with anti-discrimination laws in their jurisdiction.

10. Limitation of Liability

To the fullest extent permitted by law, Floworks's total liability arising from or related to these terms or any engagement shall not exceed the total fees paid by the client to Floworks under the applicable project agreement during the twelve (12) months preceding the claim. This limitation does not apply to liability arising from Floworks's gross negligence or willful misconduct.

In no event shall Floworks be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, data, business opportunities, or goodwill, regardless of whether Floworks was advised of the possibility of such damages.

AI-powered solutions may produce unexpected, inaccurate, or fabricated outputs (commonly known as "hallucinations") — content that may appear plausible but is factually incorrect. While we implement safeguards and testing as part of our Safety & Reliability services, Floworks does not guarantee that AI outputs will be accurate, complete, or error-free. AI outputs are informational only. Clients are responsible for implementing appropriate human review and validation before relying on AI-generated content in production environments or for any decision that materially affects individuals or business operations.

11. Indemnification

You agree to indemnify, defend, and hold harmless Floworks and its officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your misuse of any AI solution or deliverable provided by Floworks; (b) your violation of these terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party resulting from your use of the deliverables in a manner not authorized by the applicable project agreement.

Floworks agrees to indemnify the client against any third-party claims that the services as delivered infringe a valid intellectual property right, provided that this obligation does not extend to claims arising from client-provided data, third-party AI model outputs, or modifications made by the client after delivery.

12. Termination

Either party may terminate a service engagement with written notice as outlined in the applicable project agreement. If no termination clause is specified, either party may terminate with 14 days' written notice. Upon termination, the client is responsible for payment of all work completed up to the termination date. Floworks reserves the right to suspend or terminate access to the website at any time for conduct that violates these terms.

13. Disclaimer

Except for the express warranty in Section 9, the Floworks website and services are provided on an "as is" and "as available" basis. We make no additional warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Floworks does not warrant that the website will be uninterrupted or error-free.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, pandemics, or disruptions to third-party AI platforms. The affected party shall notify the other party promptly and make reasonable efforts to resume performance. If a force majeure event continues for more than 90 consecutive days, either party may terminate the affected engagement with written notice, without further liability except for payment of work completed prior to the event.

15. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions. Any disputes arising from these terms or our services shall first be resolved through good-faith negotiation. If a resolution cannot be reached within 30 days, disputes shall be submitted to binding arbitration in Clark County, Nevada, administered under the rules of the American Arbitration Association. Either party may seek injunctive or equitable relief from the state or federal courts located in Clark County, Nevada.

16. Independent Contractor

Floworks is an independent contractor. Nothing in these terms or any project agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between Floworks and the client. Neither party has the authority to bind or commit the other party in any way.

17. Notices

All legal notices under these terms must be in writing and delivered by email with confirmed receipt, or by nationally recognized overnight courier. Notices to Floworks should be sent to hello@floworks.dev. Notices to the client will be sent to the email address provided in the applicable project agreement. Notices are deemed received upon confirmed delivery.

18. Assignment

Neither party may assign or transfer its rights or obligations under these terms without the prior written consent of the other party, except that either party may assign these terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these terms.

19. No Waiver

The failure of either party to enforce any provision of these terms shall not constitute a waiver of that provision or the right to enforce it at a later time. All waivers must be in writing and signed by the waiving party to be effective.

20. Survival

The following sections survive the termination or expiration of any engagement: Intellectual Property (Section 6), Confidentiality (Section 7), Warranty (Section 9), Limitation of Liability (Section 10), Indemnification (Section 11), Disclaimer (Section 13), Governing Law (Section 15), and any other provisions that by their nature should reasonably survive.

21. Severability

If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms of Service, together with any applicable project agreement, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous negotiations, representations, understandings, and agreements, whether written or oral. In the event of a conflict between these terms and a project agreement, the project agreement shall prevail with respect to that specific engagement.

23. Changes to These Terms

We may update these Terms of Service from time to time. Changes will be posted on this page with an updated revision date. Continued use of our website after changes are posted constitutes acceptance of the revised terms for website visitors. For active clients with a signed project agreement, material changes to these terms will require written notice and will not apply to in-progress engagements without the client's written consent.

24. Contact

If you have any questions about these Terms of Service, please reach out to us at hello@floworks.dev.