LoginLast updated: 8/25/2025
These Terms of Service (“Terms”) govern access to and use of Reflow Systems Inc. (“Company”, “Reflow”, “we”, “our” or “us”) websites, products, and services (collectively, the “Site”) by business entities who are subscribers or licensees to one or more of our products or services of Reflow (collectively, “Customer”, “you” or “your”):
By using the Site, you accept these Terms (whether on behalf of yourself or a business you represent). If you are a Customer and have a Services Agreement or other similar agreement in effect with Reflow (the “Corporate Terms”), then these Terms apply to the extent your use of the Site, including any of the Services to which you have subscribed, is not already governed by such Corporate Terms. These Terms are intended to govern agreements with business entity Customers and do not apply for personal, consumer use (as defined by applicable consumer protection laws). As such, consumers may not avail themselves of all rights granted under these Terms.
BY ACCESSING, USING, OR DOWNLOADING FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.
1.1. Reflow provides its “Services” (as selected by Customer at account creation and as may be modified from time to time via the Site or by written agreement between the parties, email sufficing) to Customer pursuant to the Agreement. Subject to these Terms, Company will use commercially reasonable efforts to provide Customer (a) the Services solely for Customer’s internal business operations in accordance with the terms and limitations of these Terms and (b) reasonable support services, through electronic mail or another online mechanism, in accordance with Company’s standard practice. Company may remove or include new services or features in its sole discretion. Capitalized terms not defined herein shall be given the meaning set forth in the applicable addendum.
2.1. The prices and features of the Services and other of our fee-based offerings are subject to then-current purchase options or entitlements offered by Company in its sole and absolute discretion (“Subscription Plan”). Company reserves the right to change the prices for or alter the options applicable to Subscription Plans available for purchase without prior notice, provided that for customers on existing Subscription Plans, such changes will only take effect upon renewal of such Subscription Plan in accordance with these Terms.
2.2. If you purchase a Subscription Plan you agree to pay the then-current fee associated with the Subscription Plan, and understand it will automatically renew for the same time period (“Renewal Term”) unless you cancel your Subscription Plan or terminate your Account at least five (5) business days in advance of the end of the then-current Subscription term, we decline to renew your Subscription Plan, or these Terms are terminated by either party as otherwise permitted in these Terms, prior to the end of the then-current period of the Subscription Plan (“Subscription Term”).
2.3. CUSTOMER’S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS OTHERWISE AGREED TO BY THE PARTIES OR AS REQUIRED BY APPLICABLE LAW. Charges for pre-paid Subscription Plans will be billed to the Customer in advance. Charges for per-use purchases and standard Subscription Plan charges will be billed in arrears unless otherwise specified in the Subscription Plan.
2.4. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method that you are authorized to use. You may be billed for your Subscription Plan either through the payment method you provide, such as a credit card, or through an intermediary provider such as Stripe, Paypal, Braintree or similar payment providers (“Payment Providers”). You must promptly notify us of any change in your invoicing address and must update your Account with any changes related to your payment method. BY COMPLETING PURCHASE OF A SUBSCRIPTION PLAN, YOU AUTHORIZE US AND OUR AGENT TO CHARGE YOUR PAYMENT METHOD (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES, INCLUDING FOR ANY RENEWAL TERM OF THE SUBSCRIPTION PLAN; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF A SITE UNDER A SUBSCRIPTION PLAN, INCLUDING WITHOUT LIMITATION ADD-ONS AND OVERAGE CHARGES INCLUDED IN THE SUBSCRIPTION PLAN. The Authorization continues through the applicable original Subscription Plan Term and any Renewal Term until you cancel the Subscription Plan, or your Subscription Plan is otherwise terminated in accordance with these Terms or you withdraw your Authorization, in which case you remain liable for any amounts payable by you.
3.1. Customer will only use the Services as expressly permitted herein and agrees that it will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; remove any proprietary notices or labels; or modify, adapt or hack the Services, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. With respect to any Software (in any form) that is distributed or provided to Customer, Company hereby grants Customer a non-exclusive, non-transferable, non- sublicensable license to use such Software solely internally and during the Term only in connection with the Services and for no other purpose. All Software is Confidential Information of Company and subject to these Terms.
3.2. Customer represents, covenants, and warrants that: Customer will use the Services only in compliance with these Terms, its employee policies then in effect and all applicable laws and regulations; Customer will follow industry best practices for security and safety of Customer’s Equipment (as defined below) and data subject to these Terms; Customer has or will obtain necessary consents or approvals from its customers, end users, employees, contractors and other parties that may constitute a “Data Subject” (as defined in the DPA) to collect the data required by the Services, including but not limited to, screen capture, audio recording, activity tracking, task mining and similar data; Customer has determined the appropriate parties in its organization to receive data from the Services and implemented appropriate safeguards and access controls; Customer acknowledges and agrees that the Services include screen and audio recording features and will make best efforts to ensure appropriate safeguards are in place (such as preventing accidental disclosure of personally identifiable information); Customer acknowledges and agrees that certain Customer Data will be processed and analyzed using artificial intelligence (AI) models provided by third parties; Customer acknowledges and agrees that Company subcontracts with certain independent third parties with exclusive control over their respective software and employees; and Customer will not share nor allow to be shared with Company any data that may violate applicable laws or Customer policies, and will immediately work with Company to address any unintentional disclosures of such data. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3.3. Customer shall also be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall be responsible for maintaining the security of the Equipment, Customer accounts, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer accounts or the Equipment with or without Customer’s knowledge or consent.
4.1. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose non-public information, patent and patent applications, trade secrets, proprietary and confidential information, client/prospective lists, Customer’s data, personal information as defined under applicable privacy and data security laws, such as PII and NPI, (“Customer Data”), and all other information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, or that the Receiving Party knew, or reasonably should have known, was the Confidential Information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (i) to hold the Proprietary Information in strict confidence and take all reasonable steps to protect it from unauthorized disclosure, access, or use, using at least the same degree of care as it uses to protect its own similar confidential information, but in no event less than a reasonable degree of care, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law.
4.2. Customer shall own all right, title and interest in and to Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, and all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, and (c) all intellectual property rights related to any of the foregoing.
4.3. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
4.4. To the extent that Company processes any Personal Data (as defined in the DPA referenced below) contained in Customer Data (as defined in the DPA), on Customer’s behalf, in the provision of the Services, the parties agree that the Data Processing Agreement (“DPA”) attached hereto shall govern such processing.
5.1. Customer will pay Company the then applicable fees for the Services as described in the relevant Subscription Plan in accordance with the terms therein (the “Fees”). Unless otherwise specified in the Subscription Plan, all Fees are non-cancelable and non-refundable regardless of any early termination of these Terms. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the initial Service Term or then- current renewal term. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the Company's customer support department.
5.2. Company may also choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.
6.1. The term of these Terms will commence on the date of account creation (the “Effective Date”) and continue until terminated as set forth below. The initial term will continue for the Subscription Term set forth therein, and shall be automatically renewed for additional periods of the same duration as the Subscription Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then- current term.
6.2. Company may terminate these Terms or the applicable Subscription Plan upon ten (10) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of these Terms and such breach is not cured during the notice period. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, all rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Company has implemented industry standard security protocols such as SOC2 Type 2. Although Company reserves the right to use Customer Data to improve AI models to provide the Services to Customer, Company shall not use Customer Data to train any public models or models that any third party may have access to. Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Some Services may not be available or function as intended if Customer fails to provide certain access and Data to Company. Furthermore, the evolving nature of software using artificial intelligence means that Company cannot guarantee that all currently available Services will remain available during the Term, and Company reserves the right to discontinue or modify the Services in good faith in collaboration with Customer. Customer acknowledges that the nature of the Services is such that it is not possible to anonymize and aggregate certain Customer Data. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
8.1. Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with these Terms. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate these Terms and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.
8.2. Customer shall indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all Claims arising out of or in connection with the negligence or willful misconduct of Customer or any claim by a third party or any customer, end user, employee, contractor and other party that may constitute a Data Subject related to such party’s employment or contractual relationship with Customer, Customer’s use of the Services or violation of any of Customer’s restrictions or responsibilities set forth in these Terms.
9.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING FOR ANY EMPLOYEE OR BUSINESS DECISIONS MADE IN RELIANCE UPON THE SERVICES); (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.1. Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of these Terms and will be prohibited except to the extent expressly permitted by the terms of these Terms.
11.1. Company may use Customer’s name, logo, and/or other identifying indicia in Company’s advertising, marketing, and/or promotional materials, including, without limitation, to identify that Customer is a client of Company. Company agrees to use such references accurately and respectfully. Customer may request to review specific materials or revoke this permission at any time with written notice.
11.2. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
11.3. Neither Party may assign or transfer these Terms or any of its rights or duties hereunder to any third party without prior written consent of the other Party, which may not be unreasonably withheld. Notwithstanding the foregoing, Company may, upon written notice to Customer, assign these Terms to a third party in connection with a merger with such third party or acquisition of all or substantially all of Company’s stock or assets to which these Terms relates.
11.4. This Agreement, together with the DPA, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
11.5. No agency, partnership, joint venture, or employment is created as a result of these Terms and Customer does not have any authority of any kind to bind the Company in any respect whatsoever.
11.6. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
11.7. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when the delivery and receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
11.8. This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Any disputes under these Terms may be brought in the state courts and the Federal courts for the county in which Company’s principal place of business is located, and the parties hereby consent to the personal jurisdiction and exclusive venue of these courts.
11.9. We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. We will post the revised terms on the Site with a “last updated” date. PLEASE REVIEW THIS WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE SITE OR THE SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we will not be liable to you or to any third party for any revision to the Terms.