Terms and Conditions

These Terms and Conditions ("Terms") govern the use of services provided by FlowWise Consulting LTD. ("FlowWise", "we", "our", or "us"). By engaging our services, you ("Client", "you", or "your") agree to be bound by these Terms. If you do not agree, please do not use our services.

FlowWise Consulting LTD.
Vancouver, BC, Canada
Email: [email protected]
Phone: +1 (236) 506-7381

1. Services

FlowWise provides business operations consulting and technology implementation services, including but not limited to:

• SaaS platform setup and configuration
• CRM implementation and customization
• Marketing and sales automation
• AI-powered communication systems
• Workflow design and optimization
• Training and ongoing support

The specific scope of services for each engagement will be discussed and agreed upon during the initial discovery call and documented prior to commencement of work.

2. Fees and payment

Setup fee

• A one-time setup fee is required to begin configuration and implementation of your system
• 50% of the setup fee is refundable if you request cancellation within 30 days of the start of work
• After 30 days, the setup fee is non-refundable

Monthly subscription

• FlowWise services are billed on a month-to-month basis
• You may cancel your subscription at any time, subject to the minimum commitment period (see Section 3)
• No partial refunds will be issued for unused portions of a billing cycle
• Payments are processed via Stripe. By providing payment information, you authorize FlowWise to charge recurring fees to your selected payment method

Late payments

If payment is not received within 7 days of the due date, FlowWise reserves the right to suspend access to services until the outstanding balance is resolved. Accounts with balances overdue by 30 days or more may be subject to termination.

3. Minimum commitment

All service engagements require a minimum commitment period of 3 months from the date of system activation. This minimum period allows adequate time for system implementation, training, and initial optimization.

After the minimum commitment period, you may cancel at any time with 30 days written notice (see Section 15 for termination process).

4. No guarantee of results

We are committed to building effective systems and providing expert guidance, but the ultimate success of your business depends on your execution and market conditions beyond our control.

5. Client responsibilities

As a client of FlowWise, you agree to:

• Provide accurate and timely information needed for system setup and configuration
• Comply with all applicable laws and regulations, including anti-spam legislation (CASL in Canada, CAN-SPAM in the United States)
• Ensure that all contacts added to the system have provided appropriate consent to be contacted
• Respond to training sessions and support requests in a timely manner
• Not misrepresent the nature of automated or AI-generated communications to your clients
• Maintain the security of your account credentials and notify us immediately of any unauthorized access

6. Data ownership

You retain full ownership of all data you input into the system, including but not limited to client contact information, conversation history, appointment records, and business data.

Upon termination of services, you may request an export of your data within 30 days of cancellation. After 30 days, your data will be permanently deleted from our systems in accordance with our Privacy Policy.

7. Intellectual property

FlowWise retains ownership of all proprietary systems, templates, workflows, automation sequences, training materials, and methodologies developed as part of our service delivery. This includes:

• System templates and configuration frameworks ("snapshots")
• Automation workflows and sequence designs
• Training materials, documentation, and guides
• Proprietary processes and methodologies

You are granted a non-exclusive, non-transferable license to use these materials for the duration of your service engagement. This license terminates upon cancellation of services.

Any custom content created specifically for your business (such as custom copy written in your brand voice) becomes your property upon full payment.

8. Confidentiality

Both FlowWise and the Client agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. This includes:

• Business strategies, financial information, and operational data
• Client lists, customer data, and contact information
• System configurations, pricing structures, and internal processes
• Any information explicitly identified as confidential by either party

This confidentiality obligation survives the termination of services and remains in effect indefinitely, unless the information becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law.

9. Acceptable use

You agree not to use FlowWise services, or any systems configured by FlowWise, to:

• Send unsolicited bulk messages (spam) or violate anti-spam regulations
• Engage in fraudulent, deceptive, or unlawful activity
• Harass, threaten, or harm any individual
• Distribute malware, viruses, or other harmful software
• Infringe on the intellectual property rights of others
• Collect personal information without proper consent
• Attempt to reverse-engineer, resell, or redistribute FlowWise systems or configurations

Violation of this acceptable use policy may result in immediate suspension or termination of services without refund.

10. AI disclaimer

FlowWise services may include AI-powered features such as automated message responses, chatbots, voice agents, and content generation tools. With respect to these features:

• AI-generated outputs (messages, responses, content) are provided as a starting point and must be reviewed by the Client for accuracy and appropriateness
• FlowWise is not liable for any inaccurate, misleading, or inappropriate content generated by AI tools
• The Client is responsible for ensuring that all AI-generated communications comply with applicable laws and industry regulations
• AI features are dependent on third-party providers and may experience changes in capability, availability, or accuracy over time

11. Suspension of services

FlowWise reserves the right to suspend or restrict access to services, without prior notice if necessary, in the following circumstances:

• Non-payment of fees beyond the grace period outlined in Section 2
• Violation of the acceptable use policy (Section 9)
• Activity that poses a security risk to our systems or other clients
• Use of the platform in a manner that violates applicable laws
• Breach of any material term of this agreement

We will make reasonable efforts to notify you before suspension and provide an opportunity to resolve the issue, except in cases where immediate action is necessary to prevent harm.

12. Limitation of liability

To the maximum extent permitted by applicable law:

• FlowWise's total liability for any claim arising from or related to these Terms or our services shall not exceed the total fees paid by the Client in the 3 months preceding the claim
• FlowWise shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities
• FlowWise shall not be liable for any losses resulting from the Client's failure to maintain data backups, secure account credentials, or comply with applicable laws

13. Indemnification

You agree to indemnify, defend, and hold harmless FlowWise Consulting LTD., its officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of FlowWise services
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Any content, data, or communications sent through the systems configured by FlowWise
• Any claim by a third party related to your business operations or marketing practices

This indemnification obligation survives the termination of services.

14. Force majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of the affected party. This includes but is not limited to:

• Natural disasters, pandemics, or public health emergencies
• Government actions, sanctions, or regulatory changes
• Internet or telecommunications failures
• Third-party service outages (including but not limited to GoHighLevel, Stripe, or other platform providers)
• Cyberattacks, data breaches affecting third-party infrastructure, or other security incidents beyond our control
• War, terrorism, civil unrest, or labor disputes

The affected party must notify the other party as soon as reasonably possible and make all reasonable efforts to resume performance.

15. Termination and cancellation process

Either party may terminate services according to the following process:

How to cancel

• Send a written cancellation request to [email protected]
• Cancellation requires a minimum of 30 days written notice
• Your services will remain active until the end of your current billing cycle following the 30-day notice period

What happens after cancellation

Early termination

If you cancel before the end of the 3-month minimum commitment period (Section 3), the remaining balance for the minimum period will be due. No refund will be issued for the setup fee after the 30-day window.

Termination by FlowWise

FlowWise may terminate services immediately in cases of material breach of these Terms, including non-payment, acceptable use violations, or illegal activity. In such cases, we will provide notice and a reasonable opportunity to resolve the issue when possible.

16. Third-party services

FlowWise services rely on third-party platforms and service providers, including but not limited to GoHighLevel (CRM and automation platform) and Stripe (payment processing).

FlowWise is not responsible for the availability, performance, security, or policies of these third-party services. Changes to third-party platforms may affect the functionality of your system, and FlowWise will make reasonable efforts to adapt configurations accordingly.

Your use of third-party services is subject to those providers' own terms of service and privacy policies.

17. Dispute resolution

In the event of a dispute arising from or related to these Terms or FlowWise services, both parties agree to the following resolution process:

Step 1: Good faith negotiation

Both parties agree to first attempt to resolve the dispute through good faith negotiation. The party raising the dispute must provide written notice describing the issue and proposed resolution. Both parties will have 30 days from the date of notice to reach a mutually acceptable resolution.

Step 2: Mediation

If the dispute cannot be resolved through negotiation, both parties agree to submit to mediation before a mutually agreed-upon mediator in Vancouver, British Columbia. The costs of mediation shall be shared equally between both parties.

Step 3: Binding arbitration

If mediation is unsuccessful, the dispute shall be resolved through binding arbitration conducted in Vancouver, British Columbia, in accordance with the Arbitration Act of British Columbia. The decision of the arbitrator shall be final and binding on both parties.

Both parties agree that any arbitration shall be conducted on an individual basis and not as a class action or representative proceeding.

18. Governing law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws provisions. Any legal proceedings not subject to the dispute resolution process outlined in Section 17 shall be brought exclusively in the courts of British Columbia.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire agreement

These Terms, together with our Privacy Policy and any service-specific agreements entered into between FlowWise and the Client, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, representations, and understandings.

21. Changes to these Terms

FlowWise reserves the right to update or modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page.

For material changes that significantly affect your rights or obligations, we will notify you via email at least 30 days before the changes take effect. Your continued use of our services after any changes constitutes acceptance of the updated Terms.