Terms & Conditions

1. Acceptance of Terms

By accessing, using, or registering for Simple AI Flow ("Simple AI Flow," "we," "us," or "our") services, including our website, software applications, SMS messaging services, AI agents, phone services, and any related services (collectively, the "Services"), you agree to be bound by these Terms & Conditions ("Terms").

If you do not agree to these Terms, you may not use our Services. Your continued use of the Services constitutes acceptance of any updates to these Terms.

2. Description of Services

Simple AI Flow provides software-as-a-service (SAAS) solutions including but not limited to:

• SMS and text messaging services
• AI-powered communication agents
• Phone and voice communication services
• Marketing automation and campaign management
• Customer relationship management (CRM)
• Website and funnel building tools
• Email marketing services
• Analytics and reporting tools
• Payment processing integration
• Third-party service integrations
• Training, support, and consulting services

Our Services are powered by GoHighLevel, Twilio, and other third-party platforms and are subject to their respective terms and limitations.

3. Account Registration and Security

Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Services. By registering, you represent and warrant that you meet these requirements.

Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Accept full responsibility for all activities under your account
• Use your account in compliance with these Terms and applicable laws

Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether authorized or not.

4. Payment Terms and Billing

Fees and Pricing

• Service fees are as specified in your chosen subscription plan
• Fees are billed in advance on a monthly or annual basis
• All fees are stated in US Dollars unless otherwise specified
• Prices may change with thirty (30) days advance notice
• Additional usage fees may apply for services exceeding plan limits

Payment Processing

• Payment is due immediately upon invoice generation
• You authorize us to charge your designated payment method automatically
• Late payments may result in service suspension or termination
• You are responsible for all applicable taxes, duties, and fees
• Failed payments may incur additional processing fees

Refunds and Cancellations

• All fees are generally non-refundable unless otherwise stated
• You may cancel your subscription at any time with advance notice
• Cancellations take effect at the end of your current billing period
• No refunds are provided for partial months or unused services

6. Service Availability and Performance

Uptime and Availability

While we strive to maintain 99.9% service uptime, we do not guarantee uninterrupted service availability. Service interruptions may occur due to:

• Scheduled maintenance and updates
• Third-party service provider outages
• Network connectivity issues
• Emergency maintenance requirements
• Force majeure events

Maintenance and Updates

• We may perform scheduled maintenance with reasonable advance notice
• Emergency maintenance may occur without prior notice
• We will endeavor to minimize service disruptions
• Maintenance windows are typically scheduled during low-usage periods

Third-Party Dependencies

Our Services rely on third-party platforms including GoHighLevel, Twilio, and other service providers. We are not liable for:

• Third-party service interruptions or outages
• Changes to third-party terms or pricing
• Third-party security breaches or data incidents
• Performance issues caused by third-party limitations

7. User Responsibilities and Conduct

Acceptable Use

You agree to use our Services only for lawful business purposes and in accordance with these Terms and all applicable laws and regulations.

Content Responsibility

You are solely responsible for all content you create, upload, send, or distribute through our Services, including:

• SMS and email message content
• Marketing materials and campaigns
• Customer data and contact lists
• Website content and media files
• AI agent scripts and responses

Compliance Obligations

You must ensure compliance with all applicable laws and regulations, including:

• Data protection and privacy laws (GDPR, CCPA, etc.)
• Telecommunications regulations (TCPA, CAN-SPAM, etc.)
• Industry-specific regulations
• Local, state, and federal laws

8. Data and Privacy

Your Data Ownership

• You retain ownership of your customer data and business information
• You grant us a license to use your data solely for providing Services
• We will not sell, rent, or share your data with unauthorized third parties
• Data handling is governed by our Privacy Policy

Data Security and Backup

• We implement reasonable security measures to protect your data
• You are responsible for maintaining your own data backups
• We cannot guarantee absolute security of data transmissions
• You must comply with applicable data protection regulations

Data Processing and AI Services

By using our AI agents and automated services, you consent to:

• Processing of your data for AI training and improvement
• Automated decision-making based on your data patterns
• Analysis of communication patterns for service optimization
• Integration with third-party AI and analytics services

9. Intellectual Property Rights

Our Intellectual Property

All aspects of our Services remain our property or that of our licensors, including:

• Software, applications, and source code
• Trademarks, logos, and brand elements
• Documentation, training materials, and content
• AI models, algorithms, and proprietary technology
• Website design and user interfaces

Your Content Rights

You retain ownership of content you create, subject to:

• The license granted to us for service provision
• Our right to use aggregated, anonymized data for improvements
• Compliance with these Terms and applicable laws

Third-Party Rights

You must respect all third-party intellectual property rights and ensure you have necessary permissions for content you use or distribute through our Services.

10. Service Modifications and Updates

We reserve the right to modify, update, or discontinue Services with reasonable notice:

• Service Features: We may add, modify, or remove features
• Updates: We may update software and applications automatically
• Pricing: We may change pricing with 30 days advance notice
• Terms: We may update these Terms with notice as specified herein
• Discontinuation: We may discontinue Services with reasonable notice

11. Termination

Termination by You

You may terminate your account and these Terms at any time by:

• Providing written notice of cancellation
• Following the cancellation process in your account dashboard
• Contacting customer support

Termination by Us

We may suspend or terminate your account immediately if you:

• Breach these Terms or our policies
• Engage in prohibited activities
• Fail to pay fees when due
• Use Services in a manner that harms our business or reputation
• Violate applicable laws or regulations

Effect of Termination

Upon termination:

• Your access to Services will cease immediately
• You remain liable for all outstanding fees and charges
• We may delete your data after a reasonable retention period
• Certain provisions of these Terms survive termination
• You must cease all use of our intellectual property

12. Warranties and Disclaimers

Limited Warranty

We warrant that our Services will perform substantially as described in our documentation under normal use conditions.

13. Limitation of Liability

14. Indemnification

You agree to indemnify, defend, and hold harmless Simple AI Flow and its officers, directors, employees, and agents from and against all claims, damages, losses, and expenses arising from:

• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your content or data submitted through our Services
• Your violation of third-party rights
• Your SMS or phone communications sent through our Services
• Claims related to TCPA, CAN-SPAM, or other regulatory violations

15. Support and Training

Support Services

We provide support according to your service plan, which may include:

• Email support with response times based on your plan level
• Knowledge base and documentation access
• Video tutorials and training materials
• Live chat support (for applicable plans)
• Phone support (for premium plans)

Support Limitations

Our support does not include:

• Custom development or coding services
• Third-party software troubleshooting
• Services outside our platform capabilities
• Unlimited consulting or training hours

16. Force Majeure

We are not liable for delays, failures, or interruptions due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or acts of God
• Government actions, regulations, or restrictions
• Third-party service provider failures
• Internet infrastructure problems
• Cyberattacks or security incidents
• Labor disputes or strikes

17. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Kentucky, United States, without regard to conflict of law principles.

Dispute Resolution

Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith resolution of disputes through direct communication.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association, except for:

• Intellectual property disputes
• Claims for injunctive relief
• Small claims court matters

Jurisdiction and Venue

For matters not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in Warren County, Kentucky.

18. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between us regarding our Services.

Severability

If any provision of these Terms is found to be unenforceable, the remainder shall remain in full force and effect.

Assignment

We may assign these Terms and our rights hereunder. You may not assign your rights or obligations without our prior written consent.

Waiver

Our failure to enforce any provision does not constitute a waiver of our right to enforce such provision in the future.

Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting updates on our website
• Sending email notifications
• Providing in-app notifications
• Sending SMS notifications for changes affecting messaging services

Continued use of Services after changes constitute acceptance of updated Terms.