Terms of Service
Effective Date: November 7, 2025
Last Updated: November 7, 2025
1. Acceptance of Terms
By accessing or using FlowClose's website, software, or services, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.
2. Services Provided
FlowClose provides two primary services:
- Lead Sales: We collect, identify, and sell leads (visitor data) to service-based businesses.
- Software-as-a-Service (SaaS): We provide technology that enables clients to collect and monetize visitor data from their own websites.
3. Lead Purchase Terms
3.1 Lead Quality and Delivery
- Leads are provided "as is" without warranties of any kind
- We do not guarantee conversion rates, response rates, or lead quality
- Leads are delivered electronically via email, API, or platform access
- Lead data may include: name, contact information, property details, browsing behavior, and intent signals
3.2 Lead Ownership and Usage
- Leads are sold on a non-exclusive basis unless otherwise specified in writing
- The same lead may be sold to multiple clients
- You may use leads for your business purposes in compliance with applicable laws
- You may not resell leads to third parties without our written consent
3.3 Compliance Requirements
You agree to comply with all applicable laws when contacting leads, including but not limited to:
- TCPA (Telephone Consumer Protection Act): Obtain proper consent before calling or texting
- CAN-SPAM Act: Include opt-out mechanisms in emails
- Fair Housing Act: Do not discriminate based on protected classes (real estate)
- GDPR/CCPA: Respect privacy rights and data protection regulations
4. Software License Terms
4.1 License Grant
Subject to payment and compliance with these terms, we grant you a limited, non-exclusive, non-transferable license to use our software for lead generation and visitor identification.
4.2 Restrictions
You may not:
- Reverse engineer, decompile, or disassemble the software
- Resell, sublicense, or distribute the software to third parties
- Use the software for illegal purposes or to violate others' rights
- Remove or alter proprietary notices or labels
4.3 Data Ownership
- Your Data: You retain ownership of data you input into the platform
- Collected Data: Visitor data collected via our technology is jointly owned by you and FlowClose
- Platform Data: We retain ownership of all platform code, algorithms, and analytics
5. Payment Terms
- Fees are due as specified in your service agreement or invoice
- All fees are non-refundable unless otherwise stated in writing
- We reserve the right to suspend services for non-payment
- Prices are subject to change with 30 days' notice
6. Prohibited Uses
You may not use our services to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Transmit malware, viruses, or harmful code
- Engage in fraudulent or deceptive practices
- Harass, abuse, or harm others
- Interfere with or disrupt our services
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- FlowClose is not liable for any indirect, incidental, special, or consequential damages
- Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim
- We are not responsible for third-party actions or lead quality
- We do not guarantee uptime, data accuracy, or service availability
8. Indemnification
You agree to indemnify and hold harmless FlowClose from any claims, damages, or expenses arising from:
- Your use of our services
- Your violation of these terms
- Your violation of any laws or third-party rights
- Your contact with leads (TCPA, CAN-SPAM, Fair Housing violations, etc.)
9. Termination
Either party may terminate services with 30 days' written notice. We may terminate immediately for:
- Non-payment
- Violation of these terms
- Illegal or fraudulent activity
- Abuse of our platform or services
10. Changes to Terms
We may update these Terms of Service from time to time. Continued use of our services after changes constitutes acceptance of the new terms.
11. Governing Law
These terms are governed by the laws of the jurisdiction in which FlowClose operates, without regard to conflict of law principles.
12. Contact
For questions about these Terms of Service, contact us at:
Email: sales@flowclosepro.com