Terms of Service

Effective Date: January 10, 2025

Please read these Terms of Service ("Terms") carefully before using the services offered by Flowrite and/or one or more of its affiliates ("Flowrite", "we", "us", or "our"). By clicking a box indicating acceptance or using the Services, you ("Customer" or "you") agree to be bound by these Terms. If the individual accepting these Terms is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms, in which case the term "Customer" shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority, or does not agree with these Terms, such individual must not accept these Terms and may not use the Services.

Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.

1. How Flowrite Uses Your Data

We do not use your data to train AI models, and we do not allow third parties (like OpenAI or Anthropic) to use your data to train their AI models.

FLOWRITE WILL NEVER USE YOUR CONTENT TO TRAIN, NOR ALLOW ANY THIRD PARTY TO TRAIN, ANY AI MODELS. THERE IS NO OPTION TO OPT INTO TRAINING.

2. Access and Use

Provision of Access

Subject to your compliance with these Terms, Flowrite grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during your subscription period. This includes a limited license to install and use any Client-Side Software solely in support of your authorized use of the Services.

Each Authorized User must have its own unique account for accessing the Services, and Authorized Users may not share their account credentials with one another or any third party. You will be responsible for all acts and omissions of your Authorized Users in connection with these Terms and for all use of Authorized Users' accounts.

Free Services

Use of Free Services is subject to the terms and conditions of these Terms. In the event of a conflict between this section and any other portion of these Terms, this section shall control. Free Services are provided to you without charge up to certain limits as described in the Documentation. Usage over these limits requires your purchase of additional resources or services.

You agree that Flowrite, in its sole discretion and for any or no reason, may terminate your access to Free Services or any part thereof. You agree that any termination of your access to Free Services may be without prior notice, and you agree that Flowrite will not be liable to you or any third party for such termination.

You are solely responsible for retrieving your Customer Data from Free Services, to the extent supported by the Services, prior to termination of your access to Free Services for any reason, provided that if Flowrite terminates your account, except as required by law Flowrite will provide you a reasonable opportunity to retrieve your Customer Data.

3. Flowrite Obligations

Service Updates

From time to time, Flowrite may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge ("Updates"), and such Updates will become part of the Services and subject to these Terms; provided that Flowrite shall have no obligation under these Terms or otherwise to provide any such Updates. You understand that Flowrite may make improvements and modifications to the Services at any time in its sole discretion; provided that Flowrite shall use commercially reasonable efforts to give you reasonable prior notice of any major changes.

4. Proprietary Rights and Licenses; Restrictions

Ownership; Reservation of Rights

Subject to the limited rights expressly granted hereunder, Flowrite, its Affiliates, and its licensors reserve all of their right, title and interest in and to the Flowrite IP. Notwithstanding the foregoing, subject to the terms and conditions of these Terms (including payment of all Fees) Flowrite hereby assigns to you all right, title and interest in and to Output. No rights are granted to you hereunder other than as expressly set forth herein. You shall retain all right, title and interest in and to your Customer Data, including all intellectual property rights therein. As between the parties, you, not Flowrite, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data.

Use Restrictions

Except as expressly set forth in these Terms, you shall not (and shall not permit any third party to), directly or indirectly:

  1. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction);
  2. modify, translate, or create derivative works based on the Services;
  3. copy, rent, lease, distribute, pledge, assign, sublicense, publish, or otherwise transfer or encumber rights to the Services;
  4. use the Services for the benefit of a third party or make the Services available to any third party;
  5. remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof;
  6. use the Services to build an application or product that is competitive with any Flowrite product or service;
  7. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  8. bypass any measures Flowrite may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Service); or
  9. use the Services for any activity where use or failure of the Services could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.

5. Payment

Fees

You will pay all fees as set forth on our pricing page ("Fees"). Except as otherwise specified herein:

  1. Fees are based on Services subscriptions purchased and not actual usage;
  2. payment obligations are non-cancelable and Fees paid are non-refundable; and
  3. quantities purchased cannot be decreased during the relevant Subscription Period.

Invoicing and Payment

If you pay online via credit or debit card, you agree to be bound by the Stripe, Inc. Services Agreement available at https://stripe.com/us/legal. You will provide Flowrite with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Flowrite.

If you provide credit card information to Flowrite, you authorize Flowrite to charge such credit card for all Services for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the Service. You are responsible for providing complete and accurate billing and contact information to Flowrite and notifying Flowrite of any changes to such information.

6. Data Security; Processing of Personal Information

Security Measures

Flowrite shall use commercially reasonable efforts to maintain the security and integrity of the Services and the Customer Data. Flowrite is not responsible to Customer for unauthorized access to Customer Data or the unauthorized use of the Services unless such access is due to Flowrite's gross negligence or willful misconduct.

7. Term; Termination

Term of Agreement

This Agreement commences on the date Customer first accepts it and continues until all subscriptions hereunder have expired or have been terminated ("Term").

Termination

A party may terminate this Agreement for cause:

  1. upon thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or
  2. if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Flowrite may terminate this Agreement, effective on written notice to Customer, if Customer:

  1. fails to pay any amount when due hereunder, and such failure continues more than ten (10) calendar days after Flowrite's delivery of written notice thereof; or
  2. breaches any of its obligations under applicable Use Restrictions.

8. Representations, Warranties, and Disclaimers

Representations

Each party represents that it has validly entered into this Agreement and has the legal power to do so.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLOWRITE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES AND OUTPUT, OR ANY RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE GENERALLY, CUSTOMER ACKNOWLEDGES THAT OUTPUTS MAY CONTAIN ERRORS AND MISSTATEMENTS AND MAY BE INCOMPLETE OR INACCURATE. BEFORE LEVERAGING ANY OUTPUTS, CUSTOMER OR ANY AUTHORIZED USER IS RESPONSIBLE FOR MAKING ITS OWN DETERMINATION THAT THE OUTPUTS ARE SUITABLE, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OUTPUTS.

9. Limitation of Liability

EXCEPT FOR A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND FOR CUSTOMER'S BREACH OF USE RESTRICTIONS, IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT:

  1. FOR ANY LOST PROFITS, DATA LOSS, BREACH OF DATA OR SYSTEM SECURITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); OR
  2. FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), IN EACH CASE REGARDLESS OF WHETHER FLOWRITE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL FLOWRITE'S AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF RELATED TO THIS AGREEMENT EXCEED (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO FLOWRITE HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.

10. General Provisions

Entire Agreement

These Terms represent the entire agreement between you and Flowrite with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Flowrite with respect thereto.

Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and delivered by hand or by certified mail or overnight delivery service to:

Flowrite Email: humans@tryflowrite.app

Modifications and Amendments

Except as otherwise provided herein, no modification or amendment of any provision of these Terms shall be effective unless agreed by both parties in writing, and no waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party; provided that if you are a user of Standard Services or Free Services, then Flowrite may amend or modify these Terms by:

  1. posting a new version of these Terms on the Services, and
  2. providing notice to you via email or other reasonable means.

Dispute Resolution

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Wyoming, United States. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

Assignment

Neither party may assign any of its rights or obligations hereunder without the other party's consent; provided that either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party's business relating to these Terms.

11. Definitions

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.

"Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under this Agreement.

"Client-Side Software" means the Flowrite desktop application and any other software provided by Flowrite for installation on your devices.

"Customer Data" means information, data, Output and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.

"Documentation" means Flowrite's end user documentation relating to the Services provided by or on behalf of Flowrite to Customer in writing.

"Output" means any data or other results generated from Customer's transmission of Customer Data through the Services, including transcriptions, text completions, and other AI-generated content.

"Services" means the Flowrite product(s) and/or service(s) as made available to you, including voice transcription services, text input assistance, and related AI-powered features.

"Subscription Period" means the period during which you have an active subscription to the Services, whether paid or free.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us via email at humans@tryflowrite.app.