Terms of Service
Effective 2026-07-29
The short version. You are a licensed real-estate or mortgage professional, and this is a tool you operate. You own your data and your client relationships. Most of what the AI produces is a draft you review — but some messages leave the Service without per-message review, including acknowledgements of public-form submissions and scheduled follow-up sequences, and several of those lanes are on by default. Each can be switched off, so decide which belong in your workspace before you publish a form. Message only people who agreed to hear from you: no bought or scraped lists, no cold texting. Your licensing, advertising, MLS, RESPA, fair-housing and consent obligations are yours, as is giving your own clients a privacy notice. Valuations are estimates, not appraisals; financing figures are illustrations, not loan offers. Florida law governs, and disputes go to arbitration. This summary is a convenience; the sections below control.
Nothing in these Terms is legal advice. This document summarizes legal and regulatory topics in several places, and those summaries are incomplete. Where we describe what we do or commit to do, we describe our own conduct — we do not decide whether your obligations are satisfied. Confirm those with your own counsel and your compliance officer.
1. Acceptance and Who May Use the Service
These Terms are a binding agreement between you and Smooth Flow ("we," "us," "our"). They cover the Smooth Flow platform, the dashboard, the public pages it generates for you, and everything connected to them (the "Service"). You accept them by creating an account, accepting an invitation, or using the Service. If you accept for an organization, you represent that you can bind it, and "you" means both.
You must be at least 18 and hold a real-estate or mortgage-origination license in good standing, or work under the supervision of someone who does. The Service is sold to licensed professionals and is not offered to consumers. Your clients, leads, and prospects ("Clients") have no accounts and are not parties to these Terms; they interact with pages you publish under your own brand.
2. What the Service Is
The Service is a white-labeled operating layer on top of the CRM and other tools you already use. Depending on what you enable, it publishes public pages under your brand, captures leads into your CRM, drafts copy using AI, pulls property and market data from third parties, sends messages through your CRM, and builds ad campaigns. Features vary by plan. We may add, change, or retire features, but we will not remove a material feature you are paying for without notice.
The Service is not your system of record. Your CRM is. The Service holds working state, public-page content, and a bounded amount of recent activity; it is not a backup and not a substitute for keeping your own records.
3. Accounts and Security
You are responsible for everything that happens under your account, for the teammates you invite, and for the credentials you connect. Revoke connected credentials when a relationship ends, and tell us at if you believe your account has been accessed by someone else.
Security measures we commit to. We will maintain administrative, technical, and organizational measures reasonably designed to protect Customer Data against unauthorized access, use, disclosure, alteration, and destruction — including encryption in transit, hashed password storage, access limited to personnel bound by confidentiality obligations, and flow-down of comparable obligations to our subprocessors. If you are a mortgage loan originator, we make this commitment so that you have a written service-provider undertaking from us; your own vendor-management obligations, including any periodic assessment of us, remain yours.
Security-incident notification. If we determine that Customer Data in our possession has been subject to unauthorized access or acquisition, we will notify you without unreasonable delay and no later than ten days after that determination. Notifying your Clients, your brokerage or lender, and any regulator is your responsibility.
We do not claim any security certification: we have not completed a SOC 2, ISO 27001, or comparable audit, and we do not represent that the Service is suitable for data subject to HIPAA or PCI-DSS.
4. Fees, Billing, Renewal and Cancellation
The Service contains no payment processing. Your price, billing period, and payment method are set in the order form under which you signed up.
Automatic renewal. Unless your order form says otherwise, your subscription renews automatically at the end of each billing period at the then-current rate until you cancel, on the terms disclosed in your order form. We will send a renewal reminder before each automatic renewal, and advance notice of any price increase, consistent with Florida's automatic-renewal statute (Fla. Stat. § 501.165). Fees already paid are non-refundable unless your order form or the law says otherwise. If an invoice goes unpaid, we may suspend the Service, including your public pages, after notice and a chance to cure.
Metered usage and caps. Several features spend real money each time they run. The Service meters usage per workspace and caps form submissions, automated messaging, and spend. Caps run separately by feature and lane rather than as one combined ceiling, so total volume in a day can exceed any single cap. Caps are a cost and abuse control, not a carrier-safety or legal limit, and sizing your own message volume is your responsibility.
Cancelling. You can request closure from inside the Service at any time, with no retention wall and no cancellation fee beyond amounts owed. The request records a dated entry, marks your workspace as closure-requested, and notifies us. It does not itself delete or purge your data — a person on our side finalizes closure (Section 16).
5. Acceptable Use
Consent and outreach. Do not send a text or place an automated call to anyone who has not given you prior express written consent. Importing a contact is not consent, and neither is a checkbox on someone else's form or a "partner network" disclosure. Do not use purchased, rented, scraped, or shared-consent lists, and do not text or call numbers on a do-not-call list without a documented exemption. Section 6 sets out your consent obligations.
Messaging conduct. Do not message outside permitted hours or attempt to defeat the quiet-hours hold. Do not ignore an opt-out or re-add someone who opted out. Do not use misleading sender identity or headers, or public link shorteners in texts. Do not send SHAFT content (sex, hate, alcohol, firearms, tobacco), or cannabis, gambling, high-cost lending, or debt-relief content, which carriers prohibit or filter regardless of consent.
Fair housing. Do not write, publish, or send content expressing a preference, limitation, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, familial status, disability, or any other protected class, including steering language about schools, "safe" neighborhoods, or the character of an area. The Service runs a deterministic fair-housing filter over content headed for consumer eyes, marking rather than silently deleting what it changes; it is a mechanical pattern match, not a compliance review and not a defense. Advertising is constrained the same way: housing campaigns are flagged as a housing special ad category, targeting is radius-only, and a campaign carrying a restricted targeting key such as age, gender, or ZIP code is refused rather than cleaned.
General prohibitions. No reverse-engineering, scraping, load-testing, or probing the Service, and no attempt to reach another customer's workspace or links. No reselling or sublicensing the Service as your own product. No malware, unlawful content, impersonation, or misuse of MLS data (Section 13).
Limits on sensitive data. The borrower-profile and financing features hold nonpublic personal information about your Clients, such as income, assets, liabilities, and loan declarations. The Service is not built to hold Social Security numbers, full account or card numbers, government identification numbers, demographic government-monitoring information, or health information, and you must not enter them anywhere in the Service.
We may suspend or terminate messaging, a feature, or your account immediately on a carrier complaint, an abnormal opt-out or spam-complaint rate, a credible fair-housing or consumer complaint, or a reasonable belief that this section is being violated.
6. Messaging, Email, and Consent Obligations
You are the sender of record. Because the Service is white-labeled and multi-tenant, you register your own brand and campaign with The Campaign Registry and the carriers, and maintain your own publicly reachable privacy policy and SMS terms.
You must keep your own consent records — when, how, and where each contact consented — and produce them on request. The Service does not store consent records for you. The public forms do not capture consent, and the importer accepts a phone number without any consent attestation. The Service's consent ledger records settings you changed and opt-outs Clients sent; it does not evidence prior express written consent.
Two limitations to plan around
The Service holds automated texts outside permitted hours, re-checks a recipient's opt-out state at the moment of sending, and refuses the send if it cannot be verified. Two limitations matter, and both are described rather than warranted (Section 17).
The quiet-hours hold runs on a single Eastern clock. It does not derive or use your recipient's time zone, while TCPA quiet hours run on the called party's local time. If you message anyone outside Eastern time, making sure the message lands inside their permitted hours is your responsibility.
The opt-out matcher recognizes exact keywords — a whole-message STOP, UNSUBSCRIBE, CANCEL and similar terms — so that "stop by the open house anytime" does not silently unsubscribe a real client. But a person may revoke consent by any reasonable method, and catching and recording that revocation is your job. Note too that not every message carries a visible opt-out instruction: on certain outreach the Service omits that line for contacts tagged in your CRM as established clients, though opt-out enforcement still applies at send time.
Commercial email you send through the Service must carry a valid physical postal address and a working unsubscribe mechanism. The Service does not collect a postal address for your commercial email and does not insert one. Whatever address appears comes from the sending signature configured in your connected CRM — verify it there and keep it current. Postal fields in your Smooth Flow settings are for printed mail and do not reach email.
Automated sending, including what is on by default
Read this before you publish a public form. Some messages leave the Service without per-message review: acknowledgements sent shortly after someone submits one of your public forms — an intake form, a home-value request, or an open-house sign-in, for example — and scheduled follow-up sequences that enrol a submitter automatically. Several of these lanes are on by default. Each is a per-workspace setting you can switch off, and you should confirm which are running before you publish a page that captures leads. Separately, a new-lead and missed-call lane can send an AI-generated message to a Client with no human review; that lane is off unless you turn it on (Section 10).
Who is responsible for the words. The acknowledgement templates and the default follow-up copy are written by us, and we are responsible for that copy as shipped. You are responsible for any edits you make, for whether a lane runs at all, for who it runs against, and for the consent behind every message it sends. Automated lanes run through the quiet-hours hold, the caps, and the send-time opt-out check — none of which is consent.
The public forms do not carry an SMS consent checkbox, a privacy-policy link, or a terms link, apart from one line on the investor form that is not prior express written consent. If the form that produced a lead did not collect prior express written consent to SMS, turn the automated lanes off — or accept that you are the sender of an unconsented text. Adding compliant consent language and links to the pages you publish is your obligation.
7. Your Responsibilities as the Licensed Professional
Licensing and advertising. Hold current licenses, operate under your broker or lender as required, and follow their policies. Everything you publish through the Service is your advertising, and the disclosure rules that attach to it are yours — brokerage and license identification, NMLS identification, Regulation Z and N advertising rules, RESPA, UDAAP, equal-housing notices, and state and local variants.
Mechanical publish gates are not compliance. Some surfaces refuse to publish without specific text or fields, but those are string and field checks: they confirm certain words are present, not that a page satisfies any rule. Whether a page of yours is an advertisement, and what it must disclose, is for you and your counsel.
RESPA. We do not pay or accept any fee, kickback, or thing of value for the referral of settlement-service business, and our fees are for software only, not tied to any transaction, closing, or referral. Where you operate in dual capacity or share a workspace between a real-estate participant and a mortgage participant, that arrangement is yours alone — as is its RESPA Section 8 analysis, any affiliated-business disclosure, and loan-originator compensation rules.
Notice to your own Clients. Your Clients see your brand, not ours. You must give them your own privacy notice and, where you are a mortgage loan originator, your own Gramm-Leach-Bliley and Regulation P notice. We do not deliver a notice on your behalf, and you may not rely on our platform policy to satisfy your obligation.
Accuracy and recording consent. Listing facts, prices, rates, and figures you enter or approve are yours; we do not verify them. If you transcribe a recorded call, you must have every party's consent where the law requires it — Florida is a two-party consent state. The Service asks you to affirm consent before a note is saved, but that affirmation is a record of what you told us, not proof of consent.
8. Your Data and Ownership
You own your data — Client records, listings, content, uploads, notes, and everything derived from your book of business ("Customer Data"). You grant us a limited, non-exclusive, worldwide, royalty-free license to host, copy, display, process, and transmit to subprocessors that data, solely as needed to operate, secure, support and improve the Service for you, and not to build or train a separate product or profile any Client. That license ends when your data is deleted, except for backups or logs pending routine deletion. Where this paragraph and Section 9 conflict as to Client data, Section 9 controls.
We do not sell your data or your Clients' data, and we do not share it for cross-context behavioral advertising. The Service provides no path for uploading a customer list, hashed emails, or a custom audience to an advertising platform; ad targeting is radius-only geography.
AI vendors. We do not use your Customer Data to train general-purpose AI models, and where our vendors offer terms excluding training on submitted content, we contract for them. We do not control our vendors' practices, their terms can change, and we make no representation about what any vendor does with content we send it.
You can export your data at any time. Credentials such as your CRM key and link tokens are redacted to yes/no indicators rather than exported in the clear, because those are capabilities rather than data.
9. Privacy Roles and the White-Label Reality
For Client data, you are the controller (or "business") and we are the processor (or "service provider"). You decide what to collect, why, and how long to keep it; we process it on your documented instructions to deliver the Service, and not for our own purposes. For your Agent account data — login, profile, billing contact, usage telemetry, support correspondence — we are the controller.
We commit that we will not sell or share Client data, will not retain, use, or disclose it outside the direct business relationship with you, and will limit our use of it to the purposes for which you disclosed it. We state that in contract form so you can rely on it in your own vendor arrangements; whether a particular regulatory exception is available to you also turns on facts outside this agreement.
We use subprocessors, flow the same obligations down to them, and will give you notice before adding a new one that processes Client data; if you reasonably object within fifteen days, you may terminate the affected portion of the Service for a prorated refund. Security incidents are handled under Section 3.
The white-label reality. The public pages the Service generates carry your brand and no platform branding — no "powered by" line, no platform logo, no platform link. The consequence matters: your Clients believe they are dealing with you, not with a software company, and they have not read anything of ours. Any notice, consent, or disclosure your Clients need must come from you, on your pages, in your name. You must maintain a publicly reachable privacy notice covering the pages you publish and link it from them. The Service does not refuse to publish a lead-capturing page that has no privacy link, so nothing stops you from publishing without one.
Client rights requests. If a Client asks us to access, correct, delete, or port data belonging to your workspace, we will refer them to you and notify you rather than act unilaterally. You are responsible for responding within your legal deadlines, and we will assist at no charge for a reasonable volume of requests.
10. AI Outputs
Most of what the AI produces is a draft — replies, summaries, briefs, listing descriptions, call-note extractions, ad copy and captions are starting points for your judgment, not finished work product.
Review before it reaches a person, with one exception you control. AI-written replies to a specific Client are staged for your review by default, and the live voice assistant cannot send anything. If you enable the new-lead or missed-call auto-send lane described in Section 6, an AI-generated message goes to that Client with no human review. Other automated lanes send copy we wrote rather than AI output. Know which lanes are running in your workspace, and read every draft before it goes to a person.
No warranty of accuracy. AI output can be confidently wrong, can invent facts, and can misread a conversation. We do not warrant that any output is accurate, current, complete, non-infringing, or fit for any purpose. Nothing the AI writes is legal, financial, tax, or investment advice, and the fair-housing filter and publish gates do not certify a message as lawful.
Client content is processed by AI vendors. To draft a reply, the Service sends the Client's name, their tags, and the verbatim conversation thread to our AI provider, and call and dictation audio goes to a transcription provider. Disclose AI processing in your own privacy notice.
11. Estimates, Valuations, and Financing Figures
Several features produce numbers. None are what a licensed appraisal or a lender's offer would be, and you are responsible for how you present them and for any disclaimer your license requires.
Home values are automated estimates. The home-value page returns a range from a third-party automated valuation model, shown to a consumer as a range rather than a point estimate. It is not an appraisal, a broker price opinion, a listing recommendation, or a guarantee of sale price. Rent estimates and market statistics may be stale, wrong, or unavailable for a given address.
The automated valuation may not be used in lending. Do not use it, or any figure derived from it, to make a credit decision, to value collateral securing a mortgage, or in a covered securitization determination. The Service is not built to meet the federal interagency quality-control standards for automated valuation models, and valuations may be served from a platform-wide cache keyed to the property address, so it cannot evidence the provenance an examiner would ask for.
We are not a consumer reporting agency. Nothing the Service produces is a consumer report under the Fair Credit Reporting Act, and you may not use any output as a factor in establishing a consumer's eligibility for credit, insurance, housing, employment, or any other FCRA-covered purpose.
Financing figures are illustrations, not loan offers. The financing snapshot and program comparison show estimated payment figures for discussion. They are not a loan application, pre-approval, commitment to lend, rate lock, or Loan Estimate. The Service will not compute or display a borrower's maximum affordability on the shareable financing page, because a maximum price is effectively a statement of borrowing capacity.
No credit decision. The Service does not evaluate creditworthiness and does not make, communicate, or record a credit decision. The comparison surface may omit programs a borrower appears ineligible for; we do not characterize what that omission means for you under the Equal Credit Opportunity Act or Regulation B. Any decision to offer, decline, or withhold a loan program is yours, as is every ECOA and Regulation B obligation.
12. Third-Party Services
The Service depends on third parties, and some receive Client data; our Privacy Policy and subprocessor list identify the current providers and what each receives. Public listing pages may embed third-party map, tour, video, and booking widgets, which load in your visitor's browser and expose their IP address and browser details to those companies. Where you connect your own account, that provider's terms govern your relationship with them, and we are not responsible for a third party's outage, price change, data practice, or decision to cut off access.
13. MLS, IDX, and Listing Data
If you connect an MLS or RESO feed, you do so with your own credentials, under your own MLS membership, and subject to your MLS's rules and your IDX license. You represent that you have the right to access that feed and to display the data the way you configure the Service to display it. Attribution, required disclaimers, refresh frequency, listing-status accuracy, and any restriction on redistribution are your responsibility. We are not a party to your MLS agreement and do not enlarge it; if your MLS instructs us to stop syncing, we will comply.
14. Intellectual Property
We own the Service — the software, interfaces, templates, prompts, design, and documentation, along with all improvements. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use it for your own business during your subscription; nothing more is granted by implication.
You own your Customer Data (Section 8) and your own brand assets. Because the Service is white-labeled, you may present the public pages under your own name and branding with no attribution to us — but that is a right to use the output for your own business, not a right to resell or distribute the Service itself, and you may not use our name, logo, or trademarks without written permission. As between you and us, you own the AI outputs generated for you to the extent they are ownable, though AI output may not be original or protectable.
Your uploads. You represent and warrant that you hold all rights necessary to upload, publish, edit, and distribute every photograph, video, rendering, logo, and other work you put into the Service or sync from an MLS feed, including the photographer's rights.
Copyright complaints. We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Send a notice containing the elements required by § 512(c)(3) to our designated agent at with the subject line "DMCA Notice." We will remove or disable the identified material, notify the customer who published it, honor a compliant counter-notice, and terminate repeat infringers in appropriate circumstances. If you send us feedback, we may use it freely and without obligation to you.
15. Confidentiality
Each of us may learn non-public information about the other, including your Customer Data and pricing and our non-public software, architecture, prompts, and roadmap. Each party will use the other's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to people who need it and are bound by comparable obligations. This does not cover information that is public through no fault of the receiver, was already known without a duty of confidence, is independently developed, or is rightfully received from a third party. Client data is additionally governed by Section 9 and our Privacy Policy.
16. Term, Termination, and What Happens to Your Data
These Terms run from the day you first use the Service until your subscription ends and all accounts are closed. We may terminate for cause on notice if you materially breach and do not cure within thirty days, immediately for a violation of Section 5 or 6, or for non-payment after notice. We may terminate for convenience with thirty days' notice and refund prepaid fees for the unused period.
Closing your account does not automatically delete your data. The closure request records an entry, marks your workspace, and notifies us. It performs no purge, and there is no automated deletion job in the Service. Deletion is handled by a person, on request: ask us at and we will delete your workspace data, disable your logins, and confirm when it is done. Certain records — the opt-out ledger, closure records, and records we must keep for legal, tax, or dispute purposes — are retained, because deleting an opt-out would put a real person back into someone's outreach.
There is no self-service deletion path for Clients. A consumer cannot delete themselves through any page the Service publishes. A Client's request runs through you, or through us at , and is handled by a person.
Your export works before and after a closure request, and your contacts remain yours in your CRM. Once your workspace is disabled or your links are rotated, public pages resolve to a dead-link page and anyone holding an old link loses access immediately, so give notice before you close. Recent activity is a bounded rolling window and share links expire; do not treat the Service as an archive.
Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 22 survive termination, together with any other provision that by its nature is intended to survive.
17. Service Availability and Disclaimers of Warranty
We do not offer an uptime commitment unless one is written into your order form, and we do not currently offer a customer-facing backup and restore service, so export your data regularly. We do not guarantee delivery of any message; carriers filter, spam systems block, and providers fail.
We also do not guarantee that every public-form submission reaches you. The public forms return an identical confirmation page whether a submission was stored or dropped by an anti-abuse gate — a honeypot hit, a rate limit, a cap, or a duplicate submission from the same email or phone within a short window. That keeps attackers from probing your links, and the cost is that some legitimate submissions may be discarded without notice. Public pages are protected by possession of a secret link, and on financing surfaces by a PIN; anyone holding a forwarded link sees the same page until it expires or you revoke it.
Descriptions, not warranties. These Terms describe how the Service behaves in several places so that you can plan your own compliance. Those descriptions reflect the Service as of the effective date, will change as it changes, and are not warranties, guarantees, representations, or commitments of any kind. This paragraph does not cut back the commitments we expressly make, including the feature-removal notice in Section 2, the security and incident-notification commitments in Section 3, the renewal-notice commitment in Section 4, and the data commitments in Sections 8 and 9.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION 17, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT, ESTIMATE, VALUATION, OR AI DRAFT WILL BE ACCURATE OR SUITABLE. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL COMPLY WITH ANY LAW, RULE, OR LICENSING REQUIREMENT APPLICABLE TO YOU.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST COMMISSIONS, LOST BUSINESS OPPORTUNITY, LOST DEALS, OR LOST OR CORRUPTED DATA, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED UNITED STATES DOLLARS (US$500).
What the limits above do not reach. Neither the exclusion of damages nor the cap in this Section 18 applies to: our own fraud, willful misconduct, or gross negligence; your payment obligations; your indemnification obligations under Section 19; either party's breach of Section 15; or any liability that cannot be limited or excluded under applicable law. Both the exclusion and the cap do apply to our own indemnification obligation under Section 19. The limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose.
19. Indemnification
You will defend, indemnify, and hold harmless Smooth Flow, its officers, employees, and agents from any third-party claim, demand, investigation, penalty, fine, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: any message, ad, printed piece, or page you sent, published, or caused to be sent through the Service — including claims under the TCPA, the Florida Telephone Solicitation Act or another state analog, CAN-SPAM, or carrier and CTIA rules, and including AI-generated messages sent by a lane you enabled and automated messages you left running; your consent practices and contact lists; any fair-housing, ECOA, UDAAP, or discrimination claim arising from content you created, approved, or sent; your licensing, advertising disclosures, and brokerage or lender obligations; any claim under RESPA or the Fair Credit Reporting Act arising from your arrangements or use of Service output; your MLS or listing-data use; any intellectual-property claim arising from material you uploaded or published; your failure to give your Clients required privacy, GLBA or Regulation P notices; and your Customer Data or your breach of these Terms.
We will defend and indemnify you against a third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that party's United States intellectual property rights. This does not apply to claims arising from your Customer Data, your content, AI outputs, your combination of the Service with anything else, or your use in violation of these Terms; our obligation here is subject to Section 18.
The party seeking indemnity must give prompt notice, allow the other to control the defense, and cooperate reasonably.
20. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Before starting any formal proceeding, send a written description of the dispute and the relief you want to ; we will do the same, and both of us agree to try in good faith to resolve it informally for thirty days. This step is a condition to filing.
Binding arbitration. Any dispute we cannot resolve will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in the Florida county where we maintain our principal place of business. We will pay all AAA filing, administrative, and arbitrator fees exceeding what you would have paid to file the same claim in a Florida court, and for claims under US$25,000 the arbitration will be on documents only or by videoconference at your election.
Class action and jury waiver. Disputes will be brought only in an individual capacity. Neither party may bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims; if this waiver is unenforceable as to a particular claim, that claim proceeds in court and the rest stays in arbitration. Either party may bring an individual claim in small-claims court, and either may seek preliminary injunctive relief in a Florida court to protect intellectual property or confidential information without first arbitrating. To the extent a dispute proceeds in court, both parties knowingly waive any right to a jury trial and consent to the exclusive jurisdiction of the courts located in Florida.
21. Changes to These Terms
We may update these Terms. For material changes we will give at least thirty days' notice by email to your account address and by posting the updated Terms with a new effective date; non-material changes take effect when posted. Continuing to use the Service after the effective date means you accept the update. If you do not accept it, request closure before that date and we will refund prepaid fees for the unused period.
22. General
These Terms, our Privacy Policy, and any order form you signed make up the whole agreement between us and replace anything said before. If an order form conflicts with these Terms, the order form controls for that subject. Where Sections 8 and 9 conflict as to Client data, Section 9 controls.
You may not assign these Terms without our written consent, except to a successor of your business who agrees to be bound; we may assign to an affiliate or in a merger, acquisition, or sale of assets. Nothing here creates a partnership, joint venture, employment, agency, or franchise relationship. If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in effect; a failure to enforce is not a waiver. Neither party is liable for a delay caused by events beyond its reasonable control, other than payment obligations. We will send notices to your account email; send notices to us at .
23. Contact
Questions about these Terms, deletion requests, subprocessor questions, copyright notices, or reports of abuse: Smooth Flow, .
Effective date: 2026-07-29