Terms of Service
These Terms of Service (“Terms”) govern your use of the website at flowmydata.com (the “Site”) and the professional services provided by Flow My Data, LLC (“Flow My Data,” “we,” “us,” or “our”). Please read them carefully. By using the Site, engaging us, or signing a Statement of Work that references these Terms, you (“you,” “Client”) agree to these Terms and to our Privacy Policy.
1. Agreement to These Terms
These Terms form a binding agreement between you and Flow My Data, LLC. If you do not agree, do not use the Site or engage us. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “Client” refers to that entity.
2. Our Services
Flow My Data provides professional services, which may include workflow automation, AI software development and integration, and eCommerce consulting (the “Services”). We provide these Services as skilled labor: we design, build, configure, and advise. We do not operate a subscription software platform, and we do not host or manage Client data on an ongoing basis unless a Statement of Work expressly says so. AI red team testing and any other specialized offerings are provided only under separate written contracts and are outside the scope of these Terms unless expressly incorporated.
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Site or engage us. The Services are intended for businesses and are not directed to consumers or minors.
4. Engagements & Statements of Work
The specific scope, deliverables, timeline, fees, and any project-specific terms for a given engagement will be set out in a written proposal or Statement of Work (“SOW”) agreed by both parties. Each SOW is governed by and incorporates these Terms. If there is a conflict between these Terms and a signed SOW, the SOW controls with respect to that engagement. Work outside an agreed SOW (“change requests”) requires written agreement and may adjust fees and timelines. No SOW is binding until accepted by both parties in writing (including electronically).
5. Fees, Invoicing & Payment
Fees are stated in the applicable SOW and may be structured as fixed-fee, milestone-based, retainer, or hourly, and may include a deposit or upfront payment. Unless the SOW states otherwise: invoices are due within fifteen (15) days of the invoice date; fees are exclusive of applicable taxes, which are your responsibility (other than taxes on our net income); reasonable pre-approved expenses are billed at cost; and past-due amounts may accrue interest at 1.5% per month (or the maximum permitted by law) and may lead us to suspend Services until payment is current. Except as required by law or expressly stated in an SOW, fees and deposits are non-refundable once the corresponding work has been performed.
6. Client Responsibilities & Cooperation
You agree to cooperate reasonably and in good faith, including by providing accurate information, timely access to systems and accounts, necessary credentials, required materials, and prompt reviews, approvals, and feedback. Delays, incomplete information, or lack of access on your side may affect timelines and fees, and Flow My Data is not responsible for resulting delays. You represent that you own or have all rights, licenses, and consents necessary for any materials, data, or access you provide to us, and that our use of them as directed will not infringe any third-party rights or violate any law. You are responsible for maintaining your own backups and for the security of your own accounts and systems except to the extent we expressly assume that responsibility in an SOW.
7. Deliverables & Acceptance
“Deliverables” are the work products we agree to provide in an SOW. Where an SOW includes an acceptance procedure or review period, that procedure applies. If no procedure is specified, Deliverables are deemed accepted upon the earlier of (a) your written acceptance, (b) your use of the Deliverables in production, or (c) ten (10) business days after delivery without written notice of a material, documented deficiency. We will use reasonable efforts to correct properly reported deficiencies that fall within the agreed scope.
8. Intellectual Property
Client ownership of Deliverables. Upon Client's full payment of all fees due for the applicable engagement, and except as an SOW expressly provides otherwise, Flow My Data assigns to Client its rights in the custom Deliverables created specifically for Client under that SOW.
Background and reusable materials. Flow My Data retains all rights in its pre-existing materials, tools, frameworks, libraries, templates, methodologies, and general knowledge, skills, and know-how, including anything developed outside of or independent from the engagement (“Background IP”). To the extent any Background IP is incorporated into a Deliverable, Flow My Data grants Client a perpetual, non-exclusive, worldwide, royalty-free license to use that Background IP solely as part of the Deliverable. Flow My Data remains free to use its general knowledge, skills, and experience, and to provide similar services to other clients.
Third-party and open-source components. Deliverables may incorporate third-party or open-source components that are licensed to Client under their own terms; Client is responsible for complying with those terms.
Pre-payment. Until fees are paid in full, Flow My Data retains all rights in the Deliverables, and any license or delivery is conditional on payment.
Feedback. If you provide feedback or suggestions about our Services, we may use it without restriction or obligation to you.
9. Third-Party Services & Platforms
The Services may involve configuring, integrating with, or building on third-party services, platforms, APIs, hosting providers, and AI model providers. You are responsible for obtaining and maintaining your own accounts, licenses, and subscriptions with those providers and for any associated fees (including AI model usage and API costs), unless the SOW states otherwise. We do not control third-party services and are not responsible for their availability, changes, pricing, or acts or omissions. Third-party AI model providers used through commercial API terms generally do not use Client data to train their models; the specifics depend on the provider's then-current terms.
10. AI-Specific Terms & Output Disclaimer
Where the Services involve artificial intelligence, you acknowledge that AI systems and their output (“Output”) may be inaccurate, incomplete, outdated, biased, or otherwise unsuitable, and can produce different results from similar inputs. You are responsible for reviewing and validating Output before relying on it and must not use Output as the sole basis for high-stakes decisions (including legal, medical, financial, or safety-critical decisions) without appropriate human review. Flow My Data does not warrant any particular result, accuracy, or performance of AI systems or Output and disclaims all liability arising from your or your users' reliance on Output, except as expressly provided in the limited warranty in Section 12.
11. Confidentiality
Each party (“Receiving Party”) may receive confidential information of the other (“Disclosing Party”) in connection with an engagement. The Receiving Party will use the same degree of care it uses to protect its own confidential information (and no less than reasonable care), will use it only to perform or receive the Services, and will not disclose it except to personnel and contractors who need to know and are bound by similar obligations. These obligations do not apply to information that is public through no fault of the Receiving Party, was already known without a duty of confidentiality, is independently developed, or is rightfully received from a third party, and do not prevent disclosure required by law (with reasonable notice where permitted). Where an engagement involves personal data, the Privacy Policy and any applicable data processing addendum also apply.
12. Warranties & Disclaimer
Flow My Data warrants that the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. As your exclusive remedy for a breach of this warranty, we will re-perform the non-conforming Services at no additional charge, provided you notify us in writing within thirty (30) days of the relevant delivery. Except for this express warranty, the Site, the Services, all Deliverables, and any Output are provided “AS IS” and “AS AVAILABLE,” and Flow My Data disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site, Services, Deliverables, or Output will be uninterrupted, error-free, or achieve any specific business result.
13. Limitation of Liability
To the maximum extent permitted by law, Flow My Data will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising out of or relating to the Site, the Services, or these Terms, even if advised of the possibility. Flow My Data's total aggregate liability arising out of or relating to a given engagement will not exceed the total fees paid by Client to Flow My Data for that engagement in the twelve (12) months preceding the event giving rise to the claim (or, if greater, the fees paid under the applicable SOW). These limitations do not apply to liability that cannot be limited under applicable law, or to a party's liability for fraud, gross negligence, or willful misconduct.
14. Indemnification
You agree to defend, indemnify, and hold harmless Flow My Data and its members, officers, employees, and contractors from any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising out of or relating to: (a) materials, data, or instructions you provide; (b) your use or deployment of the Deliverables; (c) your violation of these Terms, an SOW, or applicable law; or (d) your infringement of any third-party rights. Flow My Data will defend and indemnify you against third-party claims alleging that the custom Deliverables, as delivered by us and used as intended, infringe a third party's intellectual property rights, excluding claims arising from your materials, third-party or open-source components, modifications made by anyone other than us, or use in combination with items we did not provide. The indemnifying party's obligations are conditioned on prompt notice, sole control of the defense, and reasonable cooperation.
15. Term & Termination
These Terms apply while you use the Site and for the duration of any engagement. Either party may terminate an engagement as provided in the applicable SOW, and either party may terminate for the other's material breach that remains uncured thirty (30) days after written notice (or immediately for non-payment or a breach of confidentiality or IP terms). Upon termination, you will pay for all Services performed and expenses incurred through the effective date of termination, including work in progress. Sections concerning fees accrued, confidentiality, intellectual property, warranties disclaimers, limitation of liability, indemnification, governing law, and general provisions survive termination.
16. Publicity Rights
You grant Flow My Data a non-exclusive, royalty-free license to use your name and logo to identify you as a client in our portfolio, website, and marketing materials. You may opt out of this use at any time by emailing [email protected]. Any use of your confidential project details in a case study requires your prior written approval.
17. Changes to These Terms
We may modify these Terms from time to time. We will post the revised version with a new “Last Updated” date, and for material changes we will provide reasonable advance notice where practicable. Changes do not retroactively alter the terms of an already-signed SOW. Your continued use of the Site or Services after the effective date constitutes acceptance of the updated Terms.
18. Governing Law & Disputes
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute informally for at least thirty (30) days after written notice. Any dispute not resolved informally will be settled by binding arbitration administered in Williamson County, Tennessee, under the rules of a recognized arbitration provider, and judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to a jury trial and agrees that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
19. General Provisions
These Terms, together with any applicable SOW and our Privacy Policy, constitute the entire agreement between the parties regarding their subject matter and supersede all prior agreements on that subject. You may not assign these Terms or an SOW without our prior written consent; we may assign to an affiliate or successor in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing, and a failure to enforce any provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure). Notices must be in writing and sent to the contact details below or those specified in an SOW.
20. Contact Us
Flow My Data, LLC
513 Memorial Blvd #162, Springfield, TN 37172
General inquiries: [email protected]
Privacy matters: [email protected]