Website Terms of Use

By accessing or using our website or online resources, you agree to these Terms.

If you access or use the website on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" means both you individually and the entity you represent.

If you do not agree to these Terms, you must not access or use the website.

You may use the website only if you are legally able to enter into a binding agreement.

The website and Flowstates Services are intended for business use and are not directed to children or minors under 18. You must not use the website or Flowstates Services if you are under 18.

We may update these Terms from time to time. The "Last Revised" date above shows when these Terms were last updated.

Changes will become effective when posted, unless we state a later effective date. Your continued use of the website after updated Terms are posted means you accept the updated Terms.

If we make material changes, we may provide additional notice where required by law.

Our collection and use of personal data is described in our Privacy Policy, available at:

Privacy Policy: https://flowstates.net/privacy

Our use of cookies, pixels, and similar technologies is described in our Cookie Policy.

By using the website, you acknowledge that Flowstates may process personal data as described in those policies.

Subject to these Terms, Flowstates grants you a limited, revocable, non-exclusive, non-transferable right to access and use the website for lawful business and informational purposes.

You must not use the website in any way that:

• violates any applicable law, regulation, court order, or legal obligation;
• infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights;
• interferes with or disrupts the website, servers, networks, systems, or security measures;
• attempts to gain unauthorized access to any account, system, service, data, or network;
• introduces malware, viruses, worms, logic bombs, spyware, or harmful code;
• uses bots, scrapers, crawlers, spiders, or automated tools without our written permission;
• reverse engineers, decompiles, disassembles, or attempts to derive source code from any part of the website or Flowstates Services;
• probes, scans, or tests the vulnerability of any Flowstates system without authorization;
• overloads, floods, spams, mail-bombs, or otherwise attacks the website or related infrastructure;
• impersonates any person or entity;
• misrepresents your affiliation with any person or entity;
• uses the website to transmit unlawful, deceptive, abusive, defamatory, obscene, harassing, threatening, or harmful content;
• collects or harvests information about other users without authorization;
• circumvents access controls, usage limits, authentication systems, or security features;
• uses the website to benchmark, copy, or develop a competing service without our written permission; or
• uses the website in a way that could damage Flowstates, our users, our Customers, our vendors, carriers, telecommunications providers, or the public.

Certain parts of the website or Flowstates Services may require an account.

You agree to provide accurate, complete, and current information when creating or using an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You must promptly notify Flowstates if you suspect unauthorized access to or use of your account.

We may suspend or terminate access to any account if we reasonably believe that:

• the account information is inaccurate or incomplete;
• the account has been compromised;
• the account is being used unlawfully or abusively;
• the account is being used in violation of these Terms or any applicable agreement; or
• suspension is necessary to protect Flowstates, Customers, End Users, carriers, networks, or the public.

These Terms govern general website use. They do not, by themselves, grant you a paid subscription or production access to the Flowstates Services.

Paid access to the Flowstates Services may require an Order Form, subscription agreement, Customer Terms, Data Processing Agreement, payment terms, or other written agreement.

If you use the Flowstates Services as a Customer, you are responsible for ensuring that your use complies with all applicable laws, regulations, industry rules, carrier requirements, platform rules, and contractual obligations.

Flowstates provides tools that may be used by Customers to send SMS, RCS, and other electronic messages. Customers are solely responsible for the messages they create, configure, schedule, send, or cause to be sent through the Flowstates Services.

Customers must:

• obtain and maintain all legally required consents, authorizations, and permissions before sending messages;
• maintain records of consent, opt-ins, opt-outs, revocations, and suppression requests;
• provide legally required disclosures to message recipients;
• identify the sender where required;
• include or support required opt-out instructions;
• honour STOP, unsubscribe, revocation, do-not-call, suppression, and other opt-out requests;
• avoid sending unlawful, deceptive, misleading, harassing, abusive, or unauthorized messages;
• comply with all applicable telecommunications, marketing, privacy, consumer protection, anti-spam, and electronic communications laws;
• comply with applicable carrier, aggregator, registry, platform, and industry requirements;
• avoid prohibited or high-risk message content as required by Flowstates, carriers, or applicable law; and
• cooperate with Flowstates in investigating complaints, abuse reports, carrier notices, regulatory inquiries, or suspected violations.

Flowstates may suspend, throttle, block, filter, reject, disable, or terminate messaging activity where we reasonably believe it is necessary to:

• comply with law;
• comply with carrier, aggregator, registry, or platform requirements;
• prevent fraud, spam, phishing, abuse, or unwanted messaging;
• protect End Users;
• protect Flowstates systems and reputation;
• preserve deliverability;
• respond to complaints or legal requests; or
• enforce these Terms or any applicable agreement.

Flowstates does not guarantee message delivery, timing, carrier acceptance, registration approval, throughput, deliverability, or recipient engagement.

You must not use the website or Flowstates Services to create, promote, facilitate, or send messages that:

• are unlawful, deceptive, fraudulent, misleading, or abusive;
• impersonate another person, brand, business, or sender without authorization;
• contain phishing, malware, spyware, or harmful links;
• promote illegal products or services;
• violate consumer protection, privacy, telecommunications, or marketing laws;
• violate carrier, aggregator, registry, or industry requirements;
• contain hate speech, harassment, threats, or abusive content;
• exploit or target children or minors unlawfully;
• collect sensitive data without lawful authority and appropriate safeguards;
• promote scams, fake offers, or deceptive lead generation;
• interfere with opt-out, consent, or suppression mechanisms;
• attempt to evade filtering, monitoring, registration, or compliance review; or
• otherwise create legal, operational, reputational, or security risk for Flowstates, carriers, Customers, End Users, or the public.

Flowstates may maintain a separate Acceptable Use Policy or Messaging Compliance Policy with additional prohibited content and conduct rules.

You may provide or upload information, text, data, files, messages, templates, forms, names, phone numbers, contact lists, campaign information, feedback, or other materials through the website or Flowstates Services ("User Content").

You retain ownership of your User Content, subject to the rights granted to Flowstates under these Terms and any applicable Customer agreement.

You represent and warrant that:

• you have all rights, consents, permissions, and authorizations necessary to provide the User Content;
• the User Content is accurate, lawful, and not misleading;
• the User Content does not infringe or violate any third-party rights;
• the User Content may lawfully be processed by Flowstates as contemplated by these Terms and any applicable agreement; and
• your use of the User Content complies with all applicable laws.

You grant Flowstates a limited, worldwide, non-exclusive, royalty-free licence to host, use, process, transmit, display, copy, modify, and otherwise handle User Content as necessary to provide, secure, maintain, support, and improve the website and Flowstates Services, comply with law, enforce agreements, and prevent abuse.

Where Flowstates processes Customer Personal Data on behalf of a Customer, that processing is governed by the applicable Data Processing Agreement.

If you provide suggestions, ideas, improvements, feature requests, comments, or other feedback about Flowstates, the website, or the Flowstates Services, you grant Flowstates a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate that feedback without restriction or compensation to you.

Feedback does not include Customer Confidential Information or personal data processed under a Data Processing Agreement.

The website, Flowstates Services, software, documentation, design, interfaces, graphics, text, logos, trademarks, service marks, icons, images, videos, workflows, code, and other materials are owned by Flowstates or its licensors and are protected by intellectual property laws.

Except for the limited right to access and use the website under these Terms, no rights are granted to you.

You must not copy, reproduce, modify, create derivative works from, distribute, sell, lease, sublicense, publicly display, publicly perform, transmit, or otherwise exploit any Flowstates materials without our prior written permission.

All Flowstates names, logos, product names, and branding are trademarks or service marks of Flowstates or its licensors. You must not use them without our prior written permission.

The website or Flowstates Services may include links, integrations, APIs, plugins, payment processors, carriers, telecommunications providers, analytics tools, advertising tools, or other third-party services.

Third-party services are not controlled by Flowstates. We are not responsible for third-party websites, services, content, policies, performance, security, availability, or practices.

Your use of third-party services may be subject to separate terms, privacy policies, fees, and legal obligations.

Any documentation, blog posts, guides, templates, FAQs, compliance notes, sample language, help content, or other informational materials provided by Flowstates are for general informational purposes only.

They are not legal, regulatory, financial, tax, or professional advice. You are responsible for obtaining advice from qualified professionals before relying on any information for compliance or legal purposes.

Flowstates does not guarantee that any template, workflow, disclosure, consent language, campaign setup, or compliance-related material will satisfy legal, carrier, industry, or regulatory requirements for your specific use case.

Flowstates may make beta, preview, trial, experimental, or pre-release features available from time to time.

Beta features are provided for evaluation only and may be changed, suspended, discontinued, limited, or removed at any time. Beta features may be incomplete, contain errors, operate differently than expected, or be subject to additional terms.

Flowstates provides beta features "as is" and does not guarantee availability, reliability, performance, compatibility, or support for beta features.

We may modify, suspend, discontinue, restrict, or remove all or part of the website or Flowstates Services at any time.

We do not guarantee that the website will be uninterrupted, secure, error-free, available in all locations, compatible with all devices, or free from harmful components.

We may perform maintenance, updates, security changes, or operational changes without prior notice.

You must use reasonable security practices when accessing the website or Flowstates Services.

You must not attempt to bypass, disable, or interfere with security features. You must not test, scan, probe, or attack Flowstates systems without our prior written authorization.

If you discover a security vulnerability, you must promptly report it to:

Security Contact: legal@flowstates.net

You must not publicly disclose any vulnerability until Flowstates has had a reasonable opportunity to investigate and remediate it.

By using the website or Flowstates Services, you agree that Flowstates may communicate with you electronically, including by email, website notices, account notices, dashboard messages, or other electronic means.

Electronic communications may include service notices, legal notices, security notices, billing notices, privacy notices, and updates to these Terms.

You agree that electronic notices satisfy any legal requirement that communications be in writing, to the extent permitted by law.

You may receive non-public information from Flowstates, including technical, business, security, pricing, product, roadmap, or service information.

You must not disclose Flowstates Confidential Information to any third party or use it for any purpose other than your authorized relationship with Flowstates.

Confidential Information does not include information that:

• is publicly available without breach of these Terms;
• was lawfully known to you before receiving it from Flowstates;
• is lawfully received from a third party without confidentiality obligations; or
• is independently developed without use of Flowstates Confidential Information.

If you believe content on our website infringes your copyright, please contact us at:

Copyright Contact: legal@flowstates.net
Flowstates Inc
330 Madison Avenue, 27th Floor
New York, NY 10017
United States

Your notice should include:

• your name and contact details;
• identification of the copyrighted work;
• identification of the allegedly infringing material;
• a statement that you have a good-faith belief the use is not authorized;
• a statement that the information in your notice is accurate;
• your physical or electronic signature; and
• any other information required by applicable law.

We may suspend or terminate your access to the website or Flowstates Services at any time if we reasonably believe that:

• you violated these Terms;
• you violated another agreement with Flowstates;
• your use creates legal, regulatory, security, operational, carrier, deliverability, or reputational risk;
• your account has been compromised;
• your use may harm Flowstates, Customers, End Users, carriers, vendors, or the public;
• suspension is required by law, regulator, court order, carrier, aggregator, platform, or service provider; or
• continued access would expose Flowstates to liability or risk.

Upon termination, the rights granted to you under these Terms will end immediately.

Sections intended to survive termination will continue to apply, including sections relating to intellectual property, confidentiality, feedback, disclaimers, limitations of liability, indemnity, dispute resolution, and governing law.

To the maximum extent permitted by law, the website, Flowstates Services, documentation, materials, content, templates, and beta features are provided on an "as is" and "as available" basis.

Flowstates disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and uninterrupted operation.

Flowstates does not warrant that:

• the website or Flowstates Services will meet your requirements;
• the website or Flowstates Services will be uninterrupted, secure, timely, or error-free;
• messages will be delivered, accepted, read, or acted upon;
• carriers, aggregators, registries, or third-party providers will approve, deliver, or support any message or campaign;
• any data, report, analytics, or result will be accurate or complete;
• any defects will be corrected;
• the website or Flowstates Services will be free from malware or harmful components; or
• your use will comply with any law, regulation, industry rule, or carrier requirement.

You are responsible for your own compliance with applicable laws and for obtaining professional advice where needed.

To the maximum extent permitted by law, Flowstates and its officers, directors, employees, contractors, affiliates, licensors, vendors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, lost goodwill, lost data, service interruption, message delivery failures, carrier blocking, campaign rejection, regulatory fines, or reputational harm, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Flowstates' total liability arising out of or relating to these Terms or your use of the website will not exceed USD $100.

If you are a paying Customer and a separate written agreement applies, the liability limits in that written agreement will apply to your paid use of the Flowstates Services.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Flowstates and its officers, directors, employees, contractors, affiliates, licensors, vendors, and service providers from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your access to or use of the website or Flowstates Services;
• your User Content;
• your messages, campaigns, contact lists, consent practices, or opt-out practices;
• your violation of these Terms;
• your violation of any applicable law, regulation, carrier rule, industry rule, or third-party right;
• your misuse of the website or Flowstates Services;
• your breach of any representation or warranty; or
• any dispute between you and your customers, End Users, message recipients, vendors, or third parties.

Flowstates may control the defense of any matter subject to indemnification. You must cooperate with Flowstates in defending such matters.

You must not use, export, re-export, import, sell, transfer, or provide access to the website or Flowstates Services in violation of applicable export control, sanctions, anti-boycott, or trade compliance laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions, and that you are not identified on any restricted party list.

You must not use the website or Flowstates Services for any prohibited end use.

Flowstates is based in the United States. The website and Flowstates Services may be accessed from other countries.

You are responsible for ensuring that your access to and use of the website and Flowstates Services complies with laws that apply to you, your business, your data, your messages, and your recipients.

We do not represent that the website or Flowstates Services are appropriate or available in every country or jurisdiction.

These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law rules.

If any mandatory consumer protection, privacy, telecommunications, or other law gives you rights that cannot be waived by contract, nothing in these Terms limits those rights.

Before filing a claim, you and Flowstates agree to try to resolve any dispute informally.

You must first send a written notice describing the dispute to:

Flowstates Inc
330 Madison Avenue, 27th Floor
New York, NY 10017
United States
Email: legal@flowstates.net

Flowstates will send notices to the email address associated with your account or otherwise available to us.

The parties will attempt to resolve the dispute in good faith for at least 30 days after notice is received.

Subject to any informal dispute resolution requirement above, you and Flowstates agree that any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to the personal jurisdiction and venue of those courts.

You agree that a breach of provisions relating to intellectual property, confidentiality, security, or unauthorized use may cause irreparable harm to Flowstates.

Flowstates may seek injunctive or equitable relief without posting a bond or proving actual damages, in addition to any other remedies available at law or in equity.

Flowstates will not be liable for any delay, failure, loss, or damage caused by events outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, internet or telecommunications failures, carrier outages, cyberattacks, denial-of-service attacks, power failures, government actions, regulatory changes, supply chain failures, or failures of third-party providers.

You may not assign or transfer these Terms without Flowstates' prior written consent.

Flowstates may assign or transfer these Terms in connection with a merger, acquisition, financing, restructuring, sale of assets, corporate transaction, or by operation of law.

Any attempted assignment in violation of this section is void.

Flowstates' failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by Flowstates.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if modification is not possible, it will be severed.

These Terms, together with any policies or documents incorporated by reference, constitute the entire agreement between you and Flowstates regarding your use of the website.

For Customers using paid Flowstates Services, these Terms operate alongside the applicable Customer agreement, Order Form, Data Processing Agreement, Messaging Compliance Policy, Acceptable Use Policy, Privacy Policy, and any other applicable written terms.

For questions about these Terms, contact:

Flowstates Inc
330 Madison Avenue, 27th Floor
New York, NY 10017
United States

Legal Contact: legal@flowstates.net
Privacy Contact: dataprotectionofficer@flowstates.net

Website: flowstates.net