TERMS OF SERVICE
FlowPilot Marketing
Last Updated: February 7, 2026
1.
Definitions
Legal definitions used throughout these Terms (Sections 1.1–1.4). Each subsection includes a subsection number and the corresponding definition.
1.1 AI Voice Agents
Automated conversational systems powered by artificial intelligence that interact with customers via phone or other voice channels on behalf of the Client.
1.2 Services
All products and services provided by Flowpilot Marketing, including but not limited to AI voice agent development, deployment, maintenance, and related marketing automation services.
1.3 Client Data
Any data, content, or materials provided by the Client for use in connection with the Services, including business information, customer data, and training materials.
1.4 Platform
Third-party services and integrations used to deliver our Services, including but not limited to GoHighLevel, Twilio, and other software solutions.
2. Service Agreement
2.1 Scope of Services
We will provide AI voice agent services specifically designed for HVAC contractors and related home service businesses. The specific features, functionality, and service levels will be outlined in your individual service agreement or proposal.
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice to you. We will make commercially reasonable efforts to minimize disruption to your business operations.
2.3 Third-Party Integrations
Our Services may rely on third-party platforms and integrations. While we work to ensure smooth operation, we are not responsible for failures, outages, or changes to third-party services beyond our control.
3. Payment Terms
Payment obligations, methods, recurring billing, late payment, taxes and refund policy (3.1–3.6).
3.1 Fees
Service fees, including any setup fees and recurring monthly charges, will be specified in your service agreement or invoice. All fees are in U.S. dollars unless otherwise stated.
3.2 Payment Method
Payment will be processed through Stripe or other payment processors we designate. You authorize us to charge your designated payment method for all fees incurred.
3.3 Recurring Billing
Monthly recurring fees will be billed in advance on the same day each month. You are responsible for ensuring your payment method remains valid and has sufficient funds.
3.4 Late Payment
If payment is not received within 5 days of the due date, we reserve the right to suspend Services until payment is received. Accounts more than 30 days past due may be terminated.
3.5 Taxes
You are responsible for all applicable taxes, duties, and governmental charges (except our income taxes) associated with the Services.
3.6 Refund Policy
Due to the customized nature of our Services, setup fees are non-refundable. Monthly recurring fees are non-refundable except as required by law or as specifically agreed in writing. Specific refund terms, if any, will be outlined in your service agreement.
4. Client Responsibilities
Client obligations: training data, compliance, account security, and prohibited uses (4.1–4.4).
4.1 Training Data
You are responsible for providing accurate, complete, and lawful training data and business information necessary for AI voice agent configuration. You warrant that you have all necessary rights and permissions to provide such data.
4.2 Compliance
You agree to use the Services in compliance with all applicable laws, regulations, and industry standards, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Trade Commission (FTC) regulations, and state telemarketing laws.
4.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.4 Prohibited Uses
You may not use the Services to transmit spam, illegal content, harassing messages, or content that violates third-party rights. You may not attempt to reverse engineer, decompile, or otherwise derive the source code of our AI systems.
5. Intellectual Property
Ownership of IP, Client Data rights, AI training usage, and feedback policy (5.1–5.4).
5.1 Our IP
All intellectual property rights in the Services, including AI models, software, algorithms, and documentation, remain our exclusive property or the property of our licensors. These Terms do not grant you any ownership rights in our intellectual property.
5.2 Your Data
You retain all ownership rights in your Client Data. By providing Client Data, you grant us a limited, non-exclusive license to use, process, and store such data solely for the purpose of providing the Services to you.
5.3 AI Training
We may use anonymized, aggregated data from the Services to improve our AI models and services, provided such use does not reveal your confidential or proprietary information.
5.4 Feedback
Any feedback, suggestions, or ideas you provide about the Services become our property and may be used without compensation or attribution to you.
6. Data Privacy and Security
Privacy policy reference, security measures, call recording guidance, and breach notification (6.1–6.4).
6.1 Privacy Policy
Our collection, use, and protection of data is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at https://flowpilotmarketing.com/privacy-policy.
6.2 Security Measures
We implement industry-standard security measures to protect Client Data, including encryption, access controls, and secure storage on trusted cloud servers. However, no system is completely secure, and we cannot guarantee absolute security.
6.3 Call Recordings
AI voice agents may record and transcribe customer interactions. You are responsible for complying with all applicable call recording and consent laws in your jurisdiction. You must provide appropriate notice and obtain necessary consents from your customers.
6.4 Data Breach Notification
In the event of a data breach affecting your Client Data, we will notify you promptly and work with you to mitigate the impact in accordance with applicable laws.
7. Limitations of Liability
AI limitations, service availability, disclaimer of warranties, limitation of damages, and cap on liability (Sections 7.1–7.5). Subsections 7.3–7.5 are presented in ALL CAPS and bold per specification.
7.1
AI Limitations
You acknowledge that AI voice agents are automated systems and may not perform perfectly in all situations. AI responses may occasionally be inaccurate, inappropriate, or fail to meet customer expectations. We are not liable for the content of AI-generated responses.
7.2
Service Availability
While we strive for high uptime, we do not guarantee uninterrupted or error-free service. We are not liable for service interruptions, downtime, or failures caused by circumstances beyond our reasonable control.
7.3
DISCLAIMER OF WARRANTIES
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, AND NON-INFRINGEMENT.
7.4
LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Flowpilot MARKETING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
7.5
CAP ON LIABILITY
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
8. Indemnification
You agree to indemnify, defend, and hold harmless FlowPilot Marketing, its officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable laws or regulations; (d) your Client Data or your failure to obtain necessary consents for call recordings; or (e) any claim that your use of the Services infringes or violates the rights of any third party.
Section 8 Summary
Indemnification Obligations
Client agrees to indemnify FlowPilot Marketing against claims arising from use of the Services, violations of these Terms or law, Client Data and consent for recordings, and any third-party rights infringed by the Client's use of the Services.
9. Termination
Termination by you or us, effects of termination, and survival of certain provisions (9.1–9.4).
9.1 Termination by You
You may terminate your service at any time by providing written notice to [email protected]. Termination will be effective at the end of your current billing period. No refunds will be provided for unused portions of pre-paid services unless otherwise agreed.
9.2 Termination by Us
We may terminate or suspend your access to the Services immediately, without prior notice, if you breach these Terms, fail to pay amounts due, or engage in conduct that we reasonably believe is harmful to us, other clients, or third parties.
9.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. We will provide you with access to export your Client Data for a period of 30 days following termination, after which we may delete such data.
9.4 Survival
The following provisions will survive termination: Payment Terms, Intellectual Property, Limitations of Liability, Indemnification, and Dispute Resolution.
10. Service Level and Uptime
Uptime goals, scheduled and emergency maintenance notes (10.1–10.3).
10.1 Uptime Goal
We strive to maintain service availability but do not guarantee any specific uptime percentage. Specific service level agreements (SLAs), if any, will be outlined in your individual service agreement.
10.2 Scheduled Maintenance
We may perform scheduled maintenance that temporarily interrupts service. We will provide reasonable advance notice when possible.
10.3 Emergency Maintenance
We may perform emergency maintenance without advance notice if necessary to protect the security or integrity of the Services.
11. Dispute Resolution
Informal resolution, binding arbitration, class action waiver, and exceptions (11.1–11.4).
11.1 Informal Resolution
Before initiating formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally.
11.2 Binding Arbitration
If we cannot resolve a dispute informally within 30 days, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted remotely or in a location mutually agreed upon.
11.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
11.4 Exceptions
Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.
12. Compliance with Communications Laws
TCPA responsibilities, Do Not Call lists, call recording consent, and caller ID warranties (12.1–12.4).
12.1 TCPA Compliance
You acknowledge that the use of AI voice agents for marketing or sales purposes may be subject to the Telephone Consumer Protection Act (TCPA) and related regulations. You are solely responsible for ensuring your use of the Services complies with all applicable telephone communications laws.
12.2 Do Not Call Lists
You are responsible for maintaining compliance with federal and state Do Not Call registries and honoring opt-out requests from your customers.
12.3 Call Recording Consent
You are responsible for obtaining all necessary consents for call recording and providing required disclosures to call participants in accordance with applicable state and federal laws.
12.4 Caller ID
You warrant that any caller ID information used in connection with the Services accurately identifies you or your business and complies with applicable truth-in-caller-ID regulations.
13. General Provisions
Governing law, entire agreement, amendments, severability, assignment, waiver, force majeure, and independent contractors (13.1–13.8).
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
13.2 Entire Agreement
These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and FlowPilot Marketing regarding the Services and supersede all prior agreements and understandings.
13.3 Amendments
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
13.4 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
13.5 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.6 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
13.7 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or failures of third-party service providers.
13.8 Independent Contractors
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.
FlowPilot Marketing
52 Claywood Road
Toronto, ON M2N 2R2
Canada
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