Terms of Service

Last updated May 22, 2026

Acceptance of These Terms of Service

Flow Communications, Inc. (“Flow,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at flow.inc (the “Site”), our desktop applications and our other products or services that link to these Terms of Service (collectively, the “Services”). All access and use of the Services are subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Services user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FLOW ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Flow, we respect the privacy of our users. For more information please see our Privacy Policy, located at flow.inc/privacy (the “Privacy Policy”). By using the Services, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Services, you will be subject to any additional terms applicable to such features that may be posted on or within the Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Services

Services Description: Flow provides an AI-powered productivity platform that enables users to connect their workplace communications and applications, including Slack, Google Workspace, Box, and others, and issue natural language instructions to automate tasks and take actions across those services on the user’s behalf. The Services are made available through our desktop application(s) and any related tools or interfaces that link to these Terms.

Agentic Tasks: The Services may autonomously execute Agentic Tasks based on your prompts, context, or historical patterns. “Agentic Tasks” means automated tasks or actions resulting from your use of the Service, including those triggered by the Service’s inference routines or your prompts. YOU BEAR SOLE RESPONSIBILITY FOR SUPERVISING, REVIEWING, APPROVING OR DISABLING ANY SUCH AGENTIC TASKS AND FOR MAINTAINING ADEQUATE BACKUPS. Agentic Tasks are performed at your explicit direction and authorization, and the Service is not a substitute for human judgment. You are solely responsible for instructions provided in relation to Agentic Tasks, the configuration of Agentic Tasks, monitoring Agentic Tasks, and all consequences or liability that may arise from any Agentic Task resulting from your use of the Service, as if you had performed them manually. Agentic Tasks initiated by the Service, including but not limited to payment approvals, file deletions, and data modifications, may be irrevocable. Flow disclaims any liability for loss, damages, corruption, or system instability arising from any Agentic Tasks (including your use or configuration thereof), or any consequences therefrom, even if those Agentic Tasks were unintended, erroneous, or resulted from a misinterpretation of your instructions.

Third-Party Integrations: The Services may allow you to connect, link, or otherwise integrate with third-party applications, platforms, and services, including but not limited to Slack, Google Workspace, Github, Notion, and other productivity or collaboration tools (each, a “Third-Party Integration”). By enabling a Third-Party Integration, you authorize Flow to access, transmit, and process data from that third-party service on your behalf solely as necessary to provide the Services. Your use of any Third-Party Integration is subject to the applicable terms of service and privacy policies of the relevant third party, and it is your responsibility to review and comply with those terms. Flow does not control, maintain, or assume responsibility for any Third-Party Integration, including its availability, accuracy, security, or continued compatibility with the Services. We do not guarantee that any Third-Party Integration will remain available, and we may suspend or discontinue support for a Third-Party Integration at any time without notice or liability. You acknowledge that enabling a Third-Party Integration may result in the sharing of your data with the applicable third party, and that such data sharing is governed by that third party’s privacy practices, not ours. Flow will not be liable for any loss, damage, or harm arising from your use of or reliance on any Third-Party Integration, including any interruption, modification, or termination of access to such services.

Authorization to Connect Third-Party Services. By connecting any third-party application or service to the Services, you represent and warrant that you have all necessary rights, permissions, and authorizations to connect that application and to permit Flow to access, retrieve, and act upon the data and functionality within it as described in these Terms. If you are connecting a third-party service on behalf of an organization or workspace (such as a shared Slack workspace or Google Workspace account), you further represent and warrant that you have the authority to bind that organization to these Terms with respect to such connection.

Conversation History: When you connect your third-party workplace communication tool (e.g. Slack) to the Services, Flow will retain copies of the messages, channels, and related metadata that you have access to. Retained communications are stored with Flow following collection as long as you have an active account with Flow or otherwise request deletion of your information. If you request deletion or terminate your account, your communications are deleted or anonymized in accordance with our data retention practices.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Flow of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Flow will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Services: Flow reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Flow will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Fees and Billing

Subscription and Fees: Access to the Services may require a paid subscription. Subscription fees are charged on a monthly and/or annual basis at the rate displayed at the time of purchase and are stated in U.S. dollars unless otherwise indicated. All payments are processed through our third-party payment provider. By subscribing, you authorize us to charge your payment method on a recurring basis at the applicable subscription rate until you cancel.

Usage Limits: Your subscription tier includes a defined allotment of usage capacity per billing period, as described on our pricing page. Different features and tasks may consume different amounts of your allotment depending on the nature and complexity of the task. We will make reasonable efforts to disclose the usage cost of a given task before it is executed, where practicable. We reserve the right to adjust usage allotments or the usage cost of any feature at any time, with changes applying to activity initiated after the effective date. If you reach your usage limit, access to certain features may be limited or interrupted until your allotment resets at the start of your next billing period or you upgrade to a higher subscription tier.

Refunds and Cancellation: All subscription fees are non-refundable except as required by applicable law or as we determine in our sole discretion on a case-by-case basis. If you believe a charge was made in error, please contact us at the support email set forth below within thirty (30) days of the charge. You may cancel your subscription at any time through your account settings; cancellation will take effect at the end of your then-current billing period, and you will retain access to the Service through that date.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Flow, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Services or by emailing or otherwise making available to other users of the Services (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Flow. Flow reserves the right to investigate and take appropriate legal action against anyone who, in Flow’s sole discretion, violates this provision, including removing the offending content from the Services, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Services to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Flow, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Flow or its users to any harm or liability of any type;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
  • violate any applicable local, state, national, or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services;
  • circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Services Content (as defined below)) available on or through the Services, including through the use of virtual private networks; or
  • engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

If you are blocked by Flow from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Intellectual Property Rights

Services Content: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Flow, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Services in accordance with these Terms of Service. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Flow name and logos are trademarks and service marks of Flow (collectively the “Flow Trademarks”). Other Flow, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Flow. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Flow Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Flow Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Flow be liable in any way for any content or materials of any third parties, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Flow does not pre-screen content, but that Flow and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Flow and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Flow, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Flow and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content, in any form, medium or technology now known or later developed, (a) in connection with the operation of the Services; (b) to develop and improve the Services and other Flow offerings; (c) as otherwise set forth in our Privacy Policy. You have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. Notwithstanding the foregoing, we do not train any large language or other generative AI models using your User Content, unless you have explicitly opted in to such training through your account settings.

Usage Data: You hereby authorize Flow and its third-party service providers to collect and use data and information relating to the Services and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Feedback: Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Services (“Submissions”), provided by you to Flow are non-confidential and Flow will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

Required Disclosures: You acknowledge and agree that Flow may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Flow, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites

The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology Services of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Services, please see our Privacy Policy. Flow has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Flow, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Flow facilitates interaction with Third-Party Services and enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. Flow will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Flow, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Flow Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. Flow will provide notice to you of any such claim, suit, or proceeding. Flow reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Flow’s defense of such matter. You may not settle or compromise any claim against the Flow Parties without Flow’s written consent.

Disclaimers Regarding AI Technologies

Nature of AI Outputs: The Service incorporates artificial intelligence and machine learning technologies to generate text, analysis, suggestions, documents, and other outputs based on the content you submit. AI-generated outputs are probabilistic in nature and may be incomplete, inaccurate, outdated, biased, offensive, or otherwise unsuitable for your intended purpose. You should not rely on AI-generated outputs as a substitute for professional advice, independent verification, or your own judgment. Without limiting the foregoing, nothing generated by the Service constitutes legal, financial, medical, compliance, tax, or other professional advice. You should consult a qualified professional before acting on any AI-generated output in connection with business, legal, financial, medical, regulatory, or other high-stakes decisions.

Autopilot and AI Actions: Flow is not responsible for any data loss, unintended changes, or other consequences resulting from Agentic Tasks you approve or enable, including actions taken within third-party applications, file systems, or connected services. We strongly recommend maintaining current backups of all data on devices on which you use any agentic features.

Third-Party AI Technologies: Portions of the Service may be powered by or integrated with third-party AI model providers. Flow does not control the underlying models, their training data, or their outputs, and makes no representations or warranties regarding the accuracy, reliability, or fitness of outputs generated by third-party AI technologies.

Disclaimer of Warranties

YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FLOW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE FLOW PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FLOW PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FLOW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE FLOW PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FLOW IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Flow, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Flow are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND FLOW AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FLOW AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

Flow is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@flow.inc. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Flow must be sent by email to support@flow.inc with the Subject: “Notice of Dispute”. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Flow and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Flow may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Flow or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Flow is entitled.

Opt-Out Right

You have the right to opt out of this Arbitration Agreement in accordance with the process set forth herein. If you opt out, neither you nor we can require the other to participate in arbitration. To opt out, you must notify us by email within thirty (30) days of the date you first accept these Terms of Service. Your opt-out notice must include: (1) your name and address; (2) the email address associated with your account (if applicable); and (3) a clear statement that you wish to opt out of the arbitration agreement. You must send your opt-out notice via email to the support email set forth below with the Subject: “Arbitration Opt-Out”. If you opt out of the arbitration agreement, all other terms of these Terms of Service will continue to apply. Opting out of this arbitration agreement has no effect on any previous arbitration agreements you may have had with us or any future arbitration agreements you may enter into with us.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Flow and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Flow agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Flow or you under the AAA Rules, Flow and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Flow will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Flow will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Flow agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Services, you may reject any such change by sending Flow written notice within thirty (30) calendar days of the change by email to support@flow.inc. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Flow, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including for lack of use or if Flow believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Flow may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Flow may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Flow will not be liable to you or any third party for any termination of your access to the Services.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Flow governing your access and use of the Services, and supersede any prior agreements between you and Flow with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require different substantive law apply. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Flow submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Flow to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Flow, but Flow may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services. Flow will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Flow’s reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the email set forth below.

U.S. Government Restricted Rights

The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services by the U.S. government constitutes acknowledgement of our proprietary rights in the Services.

Questions? Concerns? Suggestions?

Please contact us at support@flow.inc to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.