ServiceFlow Terms of Service

Effective December 8, 2024

1. Agreement to Terms

By accessing or using ServiceFlow ("Service"), a product of Elemental Genius LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

ServiceFlow is a comprehensive business management platform that provides tools for:

Client and project management
Invoicing and payment processing
Time tracking and scheduling
Team collaboration
Business analytics and reporting
Document management
Communication tools

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use ServiceFlow. By using the Service, you represent and warrant that you meet these requirements.

4. Account Registration

4.1 Account Creation

You must provide accurate, current, and complete information during registration
You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately of any unauthorized access or security breach

4.2 Account Types

Individual accounts for sole proprietors
Business accounts for companies and organizations
Team member accounts under business subscriptions

4.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or abusive behavior.

5. Subscription and Payment Terms

5.1 Subscription Plans

ServiceFlow offers various subscription tiers with different features and limitations
Pricing is subject to change with 30 days' notice to existing subscribers
Current subscribers will maintain their pricing for their active subscription period

5.2 Payment

Payment is processed through secure third-party payment processors
You authorize us to charge your payment method for all fees incurred
All fees are non-refundable except as required by law or specified in our refund policy

5.3 Free Trials

Free trial periods, if offered, are subject to the terms disclosed at sign-up
We may require payment information to start a trial
Your subscription will automatically convert to a paid plan unless canceled before trial end

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period
You may cancel auto-renewal at any time before the renewal date
Cancellation takes effect at the end of the current billing period

6. Acceptable Use Policy

6.1 Permitted Uses

You may use ServiceFlow for lawful business management purposes in accordance with these Terms.

6.2 Prohibited Uses

You may not:

Violate any applicable laws or regulations
Infringe on intellectual property rights of others
Upload malicious code, viruses, or harmful content
Attempt to gain unauthorized access to the Service or other accounts
Use the Service to spam, harass, or harm others
Scrape, data mine, or systematically extract data without permission
Resell or redistribute the Service without authorization
Use the Service to store or transmit illegal content
Impersonate others or misrepresent your affiliation
Interfere with or disrupt the Service's operation

7. User Content and Data

7.1 Your Data

You retain all rights to the data you upload to ServiceFlow
You grant us a limited license to host, store, and process your data solely to provide the Service
You are responsible for the accuracy, legality, and appropriateness of your data

7.2 Data Security

We implement industry-standard security measures to protect your data
We cannot guarantee absolute security and are not liable for unauthorized access resulting from circumstances beyond our reasonable control

7.3 Data Backup

We perform regular backups of user data
You are responsible for maintaining your own backup copies of critical data
We are not liable for data loss except as required by law

7.4 Data Export

You may export your data at any time in standard formats
Upon account termination, data may be retained for a limited period as specified in our Privacy Policy

8. Intellectual Property

8.1 Our Rights

ServiceFlow, including all software, features, designs, and trademarks, is owned by Elemental Genius LLC
These Terms do not grant you any ownership rights to the Service
You may not copy, modify, reverse engineer, or create derivative works of the Service

8.2 Feedback

Any feedback, suggestions, or ideas you provide become our property
We may use feedback without compensation or obligation to you

9. Third-Party Services

9.1 Integrations

ServiceFlow may integrate with third-party services
Your use of third-party services is subject to their respective terms
We are not responsible for third-party services or their performance

9.2 Third-Party Content

Third-party content or links do not imply our endorsement
We are not responsible for third-party content accuracy or availability

10. Privacy

Your use of ServiceFlow is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy is available in the app settings and explains how we collect, use, and protect your data.

11. Disclaimers and Limitations of Liability

11.1 Service Availability

The Service is provided "as is" and "as available"
We do not guarantee uninterrupted, error-free, or secure service
We may modify, suspend, or discontinue features with or without notice

11.2 Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF CONTENT

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; THEY MAY NOT APPLY TO YOU

11.4 Specific Use Cases

ServiceFlow is a business tool; you are responsible for critical business decisions
We are not liable for business losses, lost profits, or business interruption
You should maintain backup systems for critical business operations

12. Indemnification

You agree to indemnify and hold harmless Elemental Genius LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of others
Your data or content

13. Modifications to Terms

We may modify these Terms at any time
Material changes will be notified via email or Service notification
Continued use after changes constitutes acceptance
If you do not agree to changes, you must discontinue use

14. Modifications to Service

We may add, modify, or remove features at any time
We may change pricing with notice to existing subscribers
Significant changes to core functionality will be communicated in advance

15. Termination

15.1 By You

You may cancel your subscription at any time
Cancellation takes effect at the end of the billing period
No refunds for partial periods unless required by law

15.2 By Us

We may terminate or suspend your account immediately if:

You violate these Terms
Your account has been inactive for an extended period
We are required by law to terminate your access
We discontinue the Service (with reasonable notice)

15.3 Effect of Termination

Access to the Service will cease immediately
You remain liable for all charges incurred before termination
Data may be retained as specified in our Privacy Policy
Provisions that should survive termination will remain in effect

16. Dispute Resolution

16.1 Governing Law

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

16.2 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution of disputes.

16.3 Arbitration

Any disputes will be resolved through binding arbitration rather than in court, except:

Small claims court matters
Intellectual property disputes
Injunctive or equitable relief

16.4 Class Action Waiver

You agree to resolve disputes individually and waive participation in class actions or representative proceedings.

16.5 Venue

If arbitration does not apply, disputes will be resolved in courts located in New York, and you consent to personal jurisdiction there.

17. Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of ServiceFlow.

18. Government Users

If you are a U.S. government entity, ServiceFlow is a "Commercial Item" as defined in FAR 2.101, and use is subject to these Terms.

19. Accessibility

We strive to make ServiceFlow accessible to all users. If you experience accessibility issues, please contact us.

20. Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of government, network failures, or other force majeure events.

21. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

22. Entire Agreement

These Terms, together with our Privacy Policy (available in app settings), constitute the entire agreement between you and Elemental Genius LLC regarding ServiceFlow.

23. No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

24. Assignment

You may not assign these Terms without our consent. We may assign these Terms to any successor or affiliate.

25. Language

These Terms are provided in English. Any translations are for convenience only, and the English version controls in case of conflict.

26. Contact Information

For questions about these Terms, please contact us:

Elemental Genius LLC Brockport, New York Email: [email protected] Website: www.ElementalGenius.com

By using ServiceFlow, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.