Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and EmodeFlow, located at 1111B S Governors Ave #93153, Dover, DE 19904, United States ("we," "us," or "our") governing your access to and use of the EmodeFlow website at emodeflow.com and its online platform (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

EmodeFlow is an AI-powered business management platform that provides tools for contact management, proposal and quote generation, digital contracts, scheduling, task management, digital business cards, support ticketing, and team collaboration.

The Service includes AI-powered features that use third-party artificial intelligence providers to generate text, contract clauses, and images based on user input.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activities that occur under your account.
• You must be at least 16 years old to use the Service.
• One person or organization may not maintain more than one free trial account.
• You must notify us immediately of any unauthorized use of your account at security@emodeflow.com.

4. Free Trial

• New users receive a free trial with access to all Pro plan features. The current trial length is published on our Pricing page and may change from time to time.
• No credit card is required for the trial.
• The trial includes limited AI usage (30 AI text actions and 3 AI images).
• After the trial period, your account will be locked until you select a paid plan.
• Your data is preserved for 30 days after trial expiration. If no plan is selected within 30 days, your data may be permanently deleted.
• We reserve the right to modify or discontinue the free trial at any time.

5. Subscription Plans and Billing

5.1 Plans and Features

We offer paid subscription plans (currently "Pro" and "Teams") with different feature sets, usage limits, and pricing. Current plan details and pricing are available on our Pricing page.

• Pro Plan: Designed for individual professionals and small businesses. Includes full access to all core CRM features, AI-powered tools (with usage quotas), digital business cards, proposals, contracts, scheduling, and support ticketing.
• Teams Plan: Everything in Pro, plus multi-user collaboration, per-seat team management, shared workspace, role-based permissions, and increased AI usage quotas.
• Feature availability and usage limits may vary by plan. We reserve the right to modify plan features with reasonable notice.

5.2 Subscription Terms

• Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, at your choice. Your subscription automatically renews at the end of each billing period unless cancelled.
• Annual Subscriptions: Annual plans are billed as a single payment for 12 months and offer a discounted rate compared to monthly billing. The annual commitment is for the full 12-month period.
• Monthly Subscriptions: Monthly plans are billed on the same date each month and can be cancelled at any time.
• Per-Seat Pricing: The Teams plan includes a base subscription plus a per-seat fee for each additional team member beyond the first seat. Seats are prorated when added mid-cycle.
• Currency: Pricing is displayed in the currency appropriate for your region (USD for international users). The currency is determined during workspace setup and applies to all billing.
• Taxes: All prices are exclusive of applicable taxes. Sales tax, VAT, GST, or other taxes may be added to your invoice based on your location and applicable tax regulations.
• Payment Authorization: By subscribing, you authorize us to charge your payment method automatically on each billing cycle until you cancel.
• Failed Payments: If a payment fails, we will attempt to process it again within the following days. If payment remains unsuccessful, your account may be suspended until the balance is resolved.

5.3 AI Usage Quotas

• Each subscription plan includes a monthly allocation of AI usage credits for text generation, image generation, and AI-powered features.
• AI usage quotas reset at the beginning of each billing period and do not carry over.
• When your AI quota is exhausted, AI features will be temporarily unavailable until the next billing period or until you purchase an extension pack.
• AI extension packs provide additional credits and are available as one-time purchases within your account.
• We reserve the right to implement daily rate limits on AI usage to prevent abuse and ensure fair access for all users.

5.4 Plan Changes

• Upgrades: Upgrades take effect immediately. You will be charged a prorated amount for the remainder of the current billing period.
• Downgrades: Downgrades take effect at the end of the current billing period. You retain access to your current plan's features until then.
• Seat Changes: Adding team members on the Teams plan takes effect immediately with prorated billing. Removing seats takes effect at the end of the current billing period.
• Switching Billing Period: You may switch between monthly and annual billing. Switching to annual takes effect immediately; switching to monthly takes effect at the end of your annual term.

5.5 Cancellation

• You may cancel your subscription at any time from your account settings or by contacting support.
• Cancellation takes effect at the end of the current billing period — you will not be charged again, but you retain full access until then.
• Upon cancellation, your account enters a 30-day grace period during which your data is preserved in read-only mode. You can export your data during this period.
• After 30 days without an active subscription, your workspace data may be permanently deleted.
• You may reactivate your subscription at any time during the grace period to restore full access.

5.6 Refunds

Refund eligibility depends on your subscription type and timing. For complete details, please see our Refund Policy.

• Refunds may be issued at our discretion for billing errors, duplicate charges, or extended service outages.
• Your statutory rights under applicable consumer protection laws are not affected.

5.7 Price Changes

• We reserve the right to modify pricing with at least 30 days' notice via email and/or in-app notification.
• Price changes apply to the next billing cycle after the notice period.
• If you are on an annual plan, price changes will not take effect until your next annual renewal.
• If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

6. AI Features — Usage and Limitations

• AI features are provided "as is" and are subject to usage quotas based on your subscription plan.
• AI-generated content (proposals, contract clauses, images, text) is generated by third-party AI providers and may contain errors, inaccuracies, or inappropriate content.
• You are solely responsible for reviewing, verifying, and approving all AI-generated content before using it in any business, legal, or professional context.
• AI-generated contract clauses and legal text do not constitute legal advice. We strongly recommend consulting a qualified attorney before using AI-generated legal content.
• We do not guarantee the accuracy, completeness, legality, or fitness for purpose of any AI-generated content.
• AI usage that exceeds your plan's quota will be suspended until the next billing cycle or until you purchase an extension pack.
• We reserve the right to implement daily rate limits to prevent abuse.
• You may not use AI features to generate content that is illegal, harmful, harassing, defamatory, or violates third-party rights.

7. Your Content and Data

7.1 Ownership

You retain all ownership rights to the content and data you upload, create, or input into the Service ("Your Content"). This includes contacts, proposals, contracts, business card content, and any AI-generated content created at your direction.

7.2 License to Us

You grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete Your Content or close your account.

7.3 Data Export

You may export your data (contacts, proposals, contracts) in standard formats at any time through the Service's export functionality.

7.4 Responsibility for Content

You are solely responsible for the legality, accuracy, and appropriateness of Your Content. We do not monitor, review, or endorse user content. EmodeFlow is not a law firm, accounting firm, or tax advisor and does not provide legal, tax, accounting, or regulatory advice.

7.5 Record Retention — Your Responsibility

EmodeFlow operates as a software service provider and Data Processor, acting on your instructions. You are solely responsible for compliance with all record-retention obligations imposed on you by applicable law, including but not limited to:

• Tax and accounting record-retention requirements (e.g., U.S. IRS §6001 — generally 3 to 7 years, Sarbanes-Oxley §802 — 7 years, EU VAT Directive — typically 6 to 10 years, UK Companies Act 2006 — 6 years, and any other applicable jurisdiction).
• Retention of digitally signed documents under applicable electronic-signature laws (ESIGN Act, UETA, eIDAS, etc.) for the period required by law.
• Retention of contracts, quotes, invoices, communications, and other legal or business records for the period required by any law applicable to you.
• Independent backup of material documents through periodic data export.

EmodeFlow is not responsible for your failure to comply with any record-retention obligations applicable to you, your business, or your jurisdiction.

7.6 Content Deletion — Your Decision, Your Responsibility

The Service permits you to delete content (including quotes, contracts, contacts, and other data). Deletion is an affirmative action initiated by you, on your sole responsibility, and pursuant to instructions you provide to us as Data Processor.

• For digitally accepted documents, the Service may display a legal notice before deletion. Such notice is not a substitute for legal or accounting advice. You are strongly encouraged to consult a qualified attorney or accountant before deleting any document with accounting, tax, or legal implications.
• You acknowledge and agree that deleted content may be unrecoverable after a grace period and that we have no obligation to restore content you deleted.
• EmodeFlow shall have no liability for any damage, loss, regulatory penalty, fine, tax assessment, or legal exposure arising from deletion of content by you, whether intentional or accidental, and regardless of whether you read or acknowledged any in-product warnings.
• You agree to perform independent export and backup before deleting material documents.

7.7 Backup, Data Loss, and Recovery

• We perform reasonable periodic backups of Service infrastructure, but we do not warrant the recoverability of any specific data at any specific point in time.
• The Service may experience unforeseen events of data loss, software errors, hardware failure, cyber incidents, or other circumstances beyond our control.
• You are responsible for performing periodic independent backups of material data through the Service's export functionality.
• EmodeFlow shall have no liability for any loss of data, lost profits, business interruption, or consequential damages arising from data loss, even if advised of the possibility of such damage.

7.8 Data Processor Role

With respect to personal data of your customers, suppliers, or employees that you input into the Service, EmodeFlow acts as a Data Processor (or equivalent role under applicable privacy law) acting on your documented instructions. You are the Data Controller and bear all controller-level obligations under applicable privacy and data-protection laws (including GDPR, CCPA, UK GDPR, PIPEDA, and any other applicable framework). You are responsible for obtaining all consents and providing all notices required from data subjects.

8. Intellectual Property

• The Service, including its design, code, features, trademarks, and documentation, is the intellectual property of EmodeFlow and is protected by international copyright and trademark laws.
• You may not copy, modify, distribute, reverse engineer, or create derivative works of the Service.
• The EmodeFlow name, logo, and branding are our trademarks. You may not use them without our prior written consent.

9. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to other users' accounts or data.
• Use the Service to send spam, unsolicited communications, or phishing messages.
• Scrape, crawl, or use automated tools to extract data from the Service.
• Interfere with or disrupt the Service or its infrastructure.
• Resell, sublicense, or redistribute the Service without our written authorization.
• Use AI features to generate content that infringes intellectual property rights, is fraudulent, or is intended to deceive.
• Circumvent usage limits, quotas, or rate limits.
• Impersonate any person or entity.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

10. Service Availability, Communications, and Third-Party Services

10.1 Availability

• We strive to maintain the Service's availability but do not guarantee uninterrupted or error-free operation.
• The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
• We will make reasonable efforts to provide advance notice of planned maintenance.
• We are not liable for any loss or damage resulting from Service downtime or interruptions.
• No SLA or formal uptime commitment is provided for free or standard plans. Any formal SLA, if and when offered, will be provided as a separate contractual addendum.

10.2 Email, SMS, and Notification Delivery

• The Service sends email, SMS, WhatsApp, in-app notifications, and other messages (including quotes and contracts to your customers) through third-party providers (such as Resend, Twilio, Meta).
• We do not warrant or guarantee that messages will be delivered to their intended recipients, will not be filtered to spam, will be displayed correctly, or will be transmitted without delay. Messages may be blocked, delayed, marked as spam, or rejected by recipient mail or telephony servers.
• You must implement independent verification mechanisms to confirm receipt of material communications (e.g., phone follow-up, return receipt).
• EmodeFlow shall have no liability for any loss, missed transaction, delay, or damage arising from non-delivery, delayed delivery, or spam-filtering of any message sent through the Service.

10.3 Third-Party Services

• The Service relies on third-party infrastructure, AI, communications, payments, storage, and digital-signature providers (including but not limited to: Supabase, Vercel, OpenAI, Anthropic, Stripe, Resend, Twilio).
• Disruption, error, or outage at a third-party provider may affect the availability, operation, or accuracy of the Service.
• We are not liable for any loss, damage, or consequence arising from the act, omission, error, or data breach of any third-party provider, except to the extent required by mandatory applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• In no event shall EmodeFlow, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• Our total aggregate liability for any claims arising from or relating to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
• We are not liable for any loss, damage, or legal consequences arising from your use of AI-generated content, including contract clauses, proposals, or images.
• Content deletion by user: We have no liability for any damage or exposure arising from deletion of content by you (including digitally signed quotes, contracts, contacts, or invoices), whether intentional or accidental, and regardless of whether you read or acknowledged any in-product warnings.
• Data loss: We have no liability for data loss, even if advised of the possibility of such damage. You are responsible for maintaining independent backups.
• Tax and regulatory exposure: We have no liability for any fines, penalties, interest, audit assessments, or other damages arising from your failure to comply with record-retention, reporting, tax, accounting, or regulatory obligations imposed on you.
• Communication non-delivery: We have no liability for any damage arising from non-delivery, delayed delivery, spam-filtering, or rejection by third-party servers of any email, SMS, or notification sent through the Service.
• Disputes with third parties: We are not a party to any agreement, obligation, or dispute between you and your customers, suppliers, or any other third party, and we have no liability for any such dispute (see Section 12A).
• Validity of digital signatures: EmodeFlow provides digital-signature tooling, but the legal enforceability of digitally signed documents depends on compliance with applicable electronic-signature law (ESIGN Act, UETA, eIDAS, Israeli Electronic Signature Law 5761-2001, etc.) and on the particular transaction's context. We recommend consulting a qualified attorney regarding the validity of digital signatures in any specific business or contractual context.
• Some jurisdictions do not allow limitations on implied warranties or liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless EmodeFlow and its officers, directors, employees, agents, contractors, and affiliates from and against any claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

• Your use of the Service.
• Your violation of these Terms.
• Your Content or data you input into the Service, including inaccuracies, illegality, or third-party rights infringement.
• Your use of AI-generated content and any transmission of such content to third parties.
• Your deletion of content, including any regulatory sanctions, tax exposure, legal claims, or business losses arising from your failure to satisfy any record-retention obligations applicable to you.
• Disputes between you and your customers, suppliers, employees, or any third party regarding quotes, contracts, invoices, or other documents created or sent through the Service.
• Your breach of data-protection, privacy, confidentiality, or compliance obligations applicable to you in respect of your customers' or employees' data (including GDPR, CCPA, UK GDPR, and similar frameworks).
• Your violation of any third-party rights.

12A. Your Customers and Third-Party Relationships

The Service enables you to manage business relationships with your customers, suppliers, and partners, including creating and sending quotes, contracts, and invoices.

• We are not a party to your agreements. EmodeFlow is not a party to any agreement, order, quote, or contract between you and any third party, even where such document was created, sent, accepted, or signed through the Service.
• You do not act on our behalf. You are not authorized to represent that you act on behalf of EmodeFlow, to make any commitment in our name, or to suggest that we guarantee, endorse, or stand behind your obligations to your customers.
• Data Processor / Data Controller relationship. With respect to data of your customers, suppliers, and employees that you input into the Service, we act solely as a Data Processor on your documented instructions. You are the Data Controller and bear all controller-level obligations under applicable privacy and data-protection laws (including GDPR, CCPA, UK GDPR, PIPEDA, Israeli Privacy Protection Law, and any other applicable framework). You are responsible for obtaining all consents and providing all notices required from data subjects.
• Document validity is your responsibility. You alone are responsible for the content, legality, accuracy, and validity of every document you create, send, receive, or sign through the Service (including quotes, contracts, invoices, and receipts), and for compliance with all applicable laws (commercial, tax, contract, consumer, privacy, and similar).
• Disputes with customers. Any dispute arising from an agreement, contract, quote, or invoice between you and a customer (or other third party) is solely your matter. EmodeFlow will not enter into such dispute, will not provide expert evidence, will not advise or represent any party, except as required by mandatory law (e.g., a court order).

13. Termination

• You may terminate your account at any time by contacting us or using the account deletion feature.
• We may suspend or terminate your account immediately, without notice, if you violate these Terms or engage in conduct that is harmful to the Service or other users.
• Upon termination, your right to use the Service ceases immediately.
• Sections 7 (Your Content — Ownership), 8 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 15 (Governing Law) survive termination.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@emodeflow.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English.

14.3 Class Action Waiver

You agree that any disputes will be resolved on an individual basis, and you waive any right to participate in a class action, class arbitration, or representative proceeding.

14.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property or unauthorized access to the Service.

14.5 European Users

If you are a consumer in the European Union, this arbitration clause does not affect your statutory rights under EU consumer protection law. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. Governing Law

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

For users outside the United States, if mandatory consumer protection laws of your jurisdiction apply and provide greater protection, those provisions shall take precedence to the extent of any conflict.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms on this page and/or notifying you by email.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and close your account.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and EmodeFlow regarding the Service.
• Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
• Force Majeure: We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.
• Headings: Section headings are for convenience only and do not affect interpretation.

18. Contact Us

For questions about these Terms, contact us at:

• Email: support@emodeflow.com
• Address: 1111B S Governors Ave #93153, Dover, DE 19904, United States
• Website: emodeflow.com