Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FloState AI Automations ("FloState," "we," "us," or "our") regarding your use of our website, services, and AI automation solutions.

By accessing our website, scheduling consultations, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

FloState provides AI automation services including but not limited to:

• Smart website development with AI integration
• AI chatbot and conversational agent development
• Business process automation solutions
• CRM system implementation and automation
• Lead generation and nurturing automation
• Voice AI and communication automation
• Custom AI agent development
• Integration with third-party platforms and tools
• Consultation and strategy services
• Ongoing support and maintenance

All services are provided subject to these Terms and any additional agreements or statements of work.

3. Service Packages and Pricing

3.1 Custom Pricing

All services are custom-tailored to your business needs. Pricing is determined based on project scope, complexity, and requirements as outlined in individual proposals or statements of work.

3.2 Payment Terms

• Payment schedules will be specified in individual service agreements
• Invoices are due within 30 days of receipt unless otherwise specified
• Late payments may incur a 1.5% monthly service charge
• Services may be suspended for accounts more than 30 days past due
• All prices are in USD unless otherwise specified

3.3 Refund Policy

Due to the custom nature of our AI automation services, refunds are handled on a case-by-case basis. Work completed and delivered cannot be refunded. Refund requests must be submitted in writing within 30 days of service delivery.

4. Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide accurate and complete information about your business needs
• Respond to requests for information and feedback in a timely manner
• Provide necessary access to systems, accounts, and platforms
• Review and approve deliverables within agreed timeframes
• Maintain confidentiality of any proprietary methods or technologies shared
• Use our services in compliance with all applicable laws and regulations
• Not attempt to reverse engineer or replicate our proprietary solutions
• Provide feedback and report issues promptly

5. Intellectual Property Rights

5.1 FloState Intellectual Property

FloState retains all rights to our proprietary methodologies, frameworks, templates, and general automation strategies. This includes but is not limited to:

• Automation frameworks and methodologies
• AI training processes and techniques
• Integration templates and workflows
• Proprietary software and tools
• Business process optimization strategies

5.2 Client-Specific Deliverables

Upon full payment, you will own the specific AI automations, websites, and custom solutions created exclusively for your business. However, FloState retains the right to use general knowledge, techniques, and non-confidential insights gained during the project for future work.

5.3 Third-Party Platforms

Integrations with third-party platforms (GoHighLevel, Make.com, etc.) are subject to those platforms' terms of service. You are responsible for maintaining valid licenses and accounts with these services.

6. Confidentiality and Data Protection

6.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of sensitive business information shared during the course of our engagement. This includes business strategies, customer data, financial information, and proprietary processes.

6.2 Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no system is 100% secure, and you use our services at your own risk regarding data security.

6.3 Data Backup and Recovery

While we implement backup procedures, you are responsible for maintaining your own backups of critical business data. FloState is not liable for data loss due to system failures, third-party service interruptions, or other unforeseen circumstances.

7. Service Level Agreements and Support

7.1 Project Timelines

Project timelines are estimates based on the information provided and assume timely client cooperation. Delays caused by client unavailability, scope changes, or third-party dependencies may extend delivery dates.

7.2 Support Services

Support levels vary by service package and will be specified in individual agreements. Standard support includes bug fixes and basic troubleshooting. Additional support or modifications may incur additional charges.

7.3 Third-Party Dependencies

Our services often integrate with third-party platforms. We are not responsible for outages, changes, or discontinuation of third-party services that may affect your automation systems.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOSTATE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

FloState shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption not caused by our gross negligence
• Third-party service failures or interruptions
• Results that do not meet your expectations or projections
• Damages resulting from your misuse of our services

9. Performance Expectations and Disclaimers

9.1 No Guarantee of Results

While we strive to deliver effective automation solutions, we cannot guarantee specific business results, lead generation numbers, cost savings, or revenue increases. Results depend on many factors including market conditions, implementation, and your business practices.

9.2 AI Technology Limitations

AI technology is constantly evolving and may have limitations. We provide AI solutions based on current technology capabilities and cannot guarantee perfect accuracy or performance in all scenarios.

9.3 Compliance Responsibility

You are responsible for ensuring that your use of our automation services complies with all applicable laws, regulations, and industry standards in your jurisdiction and industry.

10. Termination

10.1 Termination by Either Party

Either party may terminate ongoing services with 30 days written notice. Termination does not affect completed work or outstanding payment obligations.

10.2 Immediate Termination

We may immediately terminate services if you:

• Fail to pay invoices after 60 days
• Breach these Terms or any service agreement
• Use our services for illegal or unethical purposes
• Attempt to reverse engineer our proprietary solutions

10.3 Effect of Termination

Upon termination, you retain ownership of completed deliverables (upon full payment), but access to ongoing support and FloState systems will cease. Confidentiality obligations survive termination.

11. Indemnification

You agree to indemnify and hold FloState harmless from any claims, damages, or expenses arising from:

• Your use of our services in violation of these Terms
• Your violation of any applicable laws or regulations
• Claims that your content or business practices infringe third-party rights
• Your modification of our deliverables without our consent
• Third-party claims related to your business operations

12. Force Majeure

FloState shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet outages, or third-party service failures.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

Any disputes shall first be addressed through good faith negotiations. If unresolved within 30 days, disputes shall be resolved through binding arbitration in Chicago, Illinois, under the rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notice at least 30 days before taking effect. Continued use of our services after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

16. Entire Agreement

These Terms, together with any additional service agreements or statements of work, constitute the entire agreement between you and FloState regarding our services and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms or to provide legal notices, please contact us:

18. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that these Terms may be updated from time to time and that you are responsible for reviewing them periodically.