Terms & Conditions

01Your agreement

By accessing the Site, sending us an inquiry, or engaging us for services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "you" and "your" refer to both you individually and the entity.

If you have signed a separate written agreement with us covering the same subject matter (for example, a Master Service Agreement or Statement of Work), the terms of that agreement control to the extent of any conflict with these Terms.

02Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use the Site or engage us for services. The Site is intended for businesses and the individuals who represent them; it is not directed at consumers under 18.

By using the Site, you represent and warrant that you are not located in any country subject to a U.S. government embargo, and that you are not on any U.S. government list of restricted parties.

03Our services

HighFlowAI designs, builds and deploys AI automation systems — including lead-capture chatbots, voice AI assistants, booking and scheduling systems, and custom integrations. The specific scope, deliverables and timelines for any engagement will be set out in a written proposal, Master Service Agreement ("MSA") or Statement of Work ("SOW") that, once accepted by both parties, will form part of these Terms.

Information on the Site is provided for general informational purposes. Specifications, pricing and feature descriptions are subject to change. Nothing on the Site constitutes a binding offer until reduced to a signed MSA or SOW.

04Client engagements

Scope

Each engagement is governed by an MSA or SOW that sets out the deliverables, timeline, fees, and any custom terms. Work outside the agreed scope ("change requests") will be quoted separately and require written approval before we proceed.

Client cooperation

Timely delivery depends on you. You agree to provide prompt access to information, accounts, content, approvals and points of contact reasonably needed to deliver the work. Delays caused by your inaction may extend timelines and, where significant, may result in additional fees.

Acceptance

Unless otherwise stated in the MSA or SOW, deliverables are deemed accepted (i) upon your written confirmation, or (ii) seven (7) days after delivery if you have not raised written objections specifying material defects.

05Fees & payment

Setup fees

Setup fees are payable in advance. Setup fees become non-refundable once implementation work has commenced, except as expressly provided under our 90-day revenue confidence guarantee — see our Refund Policy for full terms and conditions of the guarantee.

Monthly subscriptions

Monthly subscription fees are billed in advance and renew automatically each month. You may cancel at any time via the billing portal or by emailing billing@highflowai.com. On cancellation, you may elect either (i) service termination at the end of the current billing cycle, or (ii) a prorated refund of unused subscription time for the current billing period. Monthly subscription fees are not refundable under the 90-day revenue confidence guarantee.

Payment processing

All payments are processed via Stripe. By paying any amount due, you agree to Stripe's own terms applicable to your transaction.

Late payment

Invoices are due within fourteen (14) days of issue unless otherwise stated. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by applicable law. We may suspend services if amounts are more than thirty (30) days overdue, after providing notice and a reasonable opportunity to cure.

Taxes

Fees are exclusive of all taxes. You are responsible for sales, use, VAT, GST and similar taxes that apply to your use of the services, except for taxes based on our net income. Where we are registered for and required to charge Goods and Services Tax (GST) under Australian law, GST will be added to invoices for Australian customers and shown separately. For US customers, you are responsible for any sales, use, or similar taxes applicable under the laws of your state.

Third-party costs

Some engagements require third-party services (e.g., voice infrastructure, telecom, cloud hosting, AI model usage). Where applicable, these costs are passed through to you at cost or as detailed in the SOW.

06Intellectual property

What you own

Subject to full payment of all applicable fees, you own the deliverables we create specifically for you under an MSA or SOW — including custom prompts, configurations, integrations and documentation produced for your engagement, as well as all lead data and uploaded content. We grant you a perpetual, royalty-free license to use those deliverables for your internal business purposes.

What we own

We retain all right, title and interest in: (a) our pre-existing tools, frameworks, libraries, methodologies and know-how, including any improvements made during the engagement; (b) general learnings, techniques and skills acquired in the course of our work; and (c) the Site and its content. To the extent any of our pre-existing IP is incorporated into your deliverables, we grant you a non-exclusive, perpetual license to use it as part of those deliverables.

Feedback

If you provide us with feedback, suggestions or ideas about our services, you grant us a non-exclusive, royalty-free, perpetual license to use that feedback without restriction or compensation.

Site content

All content on the Site — text, graphics, logos, images, code — is owned by HighFlowAI or our licensors and is protected by intellectual property laws. You may view and print Site content for personal, non-commercial use. Any other use requires our prior written consent.

07Client data

"Client Data" means data you provide to us or that we collect on your behalf in delivering services (including end-user conversations and personal data of your end users). You retain all right, title and interest in Client Data.

You grant us a limited license to access, store, process and transmit Client Data solely as needed to operate, maintain, secure and support the platform and deliver the services. We maintain full administrative access to the platform and underlying systems, including visibility into Client Data, for operational, technical, security and support purposes, but agree to access Client Data only when reasonably necessary for those purposes. We will treat Client Data as confidential, will not sell Client Data, and will not use it to train any general-purpose AI models.

You are responsible for ensuring you have all necessary rights and consents to provide Client Data to us, and for the lawfulness of Client Data under privacy and other applicable laws. If your use case involves processing personal data subject to a state or international privacy law that requires a Data Processing Agreement, we will execute a reasonable DPA on request.

08Acceptable use

You agree not to use the Site or our services to:

• Violate any applicable law, regulation or third-party right, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act (US), the Spam Act 2003 (Cth) (Australia), and other regulations governing SMS and email communications. You are responsible for maintaining lawful consent for any SMS or email messages sent through systems we build for you, and for compliance with the applicable spam/anti-spam laws in your recipients' jurisdictions.
• Infringe any intellectual property right.
• Send spam, unsolicited messages, or content that is fraudulent, deceptive, defamatory, obscene, or harassing.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Introduce viruses, malware, or any code intended to damage or interfere with the Site or systems we operate.
• Attempt to gain unauthorized access to any portion of the Site, our systems, or the systems of others connected through our services.
• Reverse engineer, decompile or attempt to derive the source code of any of our software, except to the extent that restriction is prohibited by applicable law.
• Use the services in connection with weapons of mass destruction, child sexual abuse material, content that promotes violence, or other categorically prohibited use cases.

We reserve the right to investigate and take appropriate action — including suspending or terminating access — for any violation of these acceptable use rules.

09Third-party services & links

The systems we build often integrate with third-party services — including but not limited to OpenAI, Stripe, Twilio, and booking providers, as well as CRMs, calendar tools, AI model providers and telecom providers. Your use of those services is governed by the third party's terms and privacy policies; we are not responsible for outages, disruptions, failures, performance, availability, or the practices of any third-party service.

The Site may contain links to third-party websites. Those links are provided for convenience and do not imply endorsement. We are not responsible for the content or practices of any third-party site.

10Warranty disclaimer

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, the warranties are disclaimed to the maximum extent permitted by law.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantees, rights or remedies that cannot lawfully be excluded under applicable law — including (without limitation) the consumer guarantees under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) for Australian consumers, or any equivalent non-excludable rights under the law of your jurisdiction. Where such rights apply, our liability for breach is limited to the maximum extent permitted by that law (which, for ACL non-excludable guarantees on services, may include re-supplying the service or paying for re-supply).

11Limitation of liability

The limitations in this section apply to the maximum extent permitted by law and do not apply to: (i) liability arising from gross negligence or willful misconduct; (ii) indemnification obligations under Section 12; or (iii) any liability that cannot be limited or excluded under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12Indemnification

You agree to defend, indemnify and hold harmless HighFlowAI and its officers, employees, agents and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or services in violation of these Terms; (b) your violation of any applicable law or third-party right (including TCPA, CAN-SPAM, the Spam Act 2003 (Cth), and similar communications laws); (c) Client Data you provide; or (d) your use of outputs from any AI system we build for you in a manner that causes harm to third parties.

We will promptly notify you of any claim subject to indemnification, allow you to control the defense (with our reasonable cooperation), and not settle any claim without your prior written consent (not to be unreasonably withheld).

13Term & termination

Site access

These Terms apply for as long as you access the Site. We may modify or discontinue the Site or any portion of it at any time without liability.

Service engagements

Service engagements run for the term set out in the applicable MSA or SOW. Either party may terminate an engagement for material breach if the breach remains uncured 14 days after written notice. Either party may terminate immediately for the other's insolvency, bankruptcy, or assignment for the benefit of creditors.

Effect of termination

Upon termination: (a) any unpaid fees for work already performed remain due; (b) we will, upon request and where reasonably practical, hand over credentials, prompts, and configurations so the system can continue to run on your infrastructure; (c) sections that by their nature should survive termination — including IP, confidentiality, warranty disclaimers, limitation of liability, indemnification and dispute resolution — will survive.

14Dispute resolution & arbitration

Informal resolution

Before filing any claim, you agree to first contact us at legal@highflowai.com with a written description of the dispute and your contact information. We will attempt to resolve the dispute informally through good-faith negotiation for a period of at least thirty (30) days.

Binding arbitration

If informal resolution fails, any dispute, claim or controversy arising out of or relating to these Terms, the Site, or our services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as modified here. The arbitration will be conducted in Harris County, Texas, or by remote means as the parties agree, in the English language, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions

Either party may bring an individual action in small claims court if it qualifies, or seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation or violation of intellectual property or confidentiality rights.

Class action waiver

You and HighFlowAI each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Time limit

Any claim or cause of action arising out of these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

15Governing law & jurisdiction

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the arbitration agreement above, any judicial proceeding (including small claims and equitable relief actions) will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.

The governing law and jurisdiction provisions in this section do not override any non-excludable rights you may have to bring or defend proceedings in your local courts under mandatory consumer protection laws applicable to you. For Australian consumers, this includes rights under the Australian Consumer Law.

16General provisions

Changes to these Terms

We may update these Terms from time to time. When we do, we'll change the "Last updated" date and, for material changes, post a notice on the Site or notify you by email. Your continued use of the Site or services after the change takes effect means you accept the updated Terms.

Entire agreement

These Terms, together with any MSA or SOW and our Privacy Policy, constitute the entire agreement between you and us regarding the Site and services, superseding all prior agreements on the same subject.

Severability

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

No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of substantially all our assets, or to any affiliate.

Force majeure

Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of war, civil unrest, labor disputes, internet or utility failures, pandemics, or governmental actions.

Notices

Notices to us must be sent to legal@highflowai.com. Notices to you may be sent to the email address you provided to us, or posted on the Site.

Independent contractors

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

17Contact us

Questions about these Terms? Get in touch: