Terms of Service

Flowchestra – Terms of Service

Last updated: November 2025

These Terms of Service (“Terms”) form a binding agreement between the organization you represent (“Customer,” “you”) and Byte Size Innovations LLC, a Delaware limited liability company (“Flowchestra,” “we,” “our,” or “us”).

By creating an account, clicking “I Agree,” or using Flowchestra in any way (including via API), you accept these Terms.

If you have a separate signed agreement with us (e.g., Enterprise MSA or Order Form), that agreement governs where it conflicts with these Terms.

Our Privacy Policy and Trust & Security Statement are incorporated by reference.

What is Flowchestra?

Flowchestra is a business-to-business (B2B) automation, integration, and AI-powered orchestration platform (the “Service”).

You may only use the Service for commercial purposes. No consumer or personal use is permitted.

You represent that you:

• are at least 18 years old,

• have authority to bind the business you represent, and

• will ensure all users under your account follow these Terms.

Key Definitions

• Customer Data: Anything you or your users upload, connect, or input into the Service.

• Output: Any content, workflow result, automation, or AI-generated material the Service produces.

• Subscription: Your selected plan (monthly or annual), with usage limits and pricing.

• Third-Party Platform: Any external service you connect (e.g., Google Workspace, Microsoft 365, Salesforce).

• AI Features: Model-generated text, analysis, decisions, or actions powered by Flowchestra or our AI model partners.

Changes to These Terms

We may update these Terms or the Service. If a change materially harms you, we’ll notify you by email or in-app at least 30 days in advance.

Continuing to use the Service after the notice period means you accept the updated Terms.If you disagree, you may terminate under Section 14.

Fees, Billing & Renewal

• Subscriptions are billed in advance, monthly or annually.

• All subscriptions auto-renew for the same term unless cancelled:

  • Monthly: cancel before the next billing date

  • Annual: cancel at least 30 days before renewal

• No refunds for partial periods, downgrades, unused time, or early termination.

• Overage fees (automation minutes, API calls, storage, etc.) are billed monthly in arrears.

• Late payments may incur 1% monthly interest and reasonable collection costs.

• Taxes are your responsibility.

Enterprise customers may have different terms via a signed agreement.

License & Use Restrictions

We grant you a limited, non-exclusive, non-transferable license to access the Service solely for your internal business use.

You may not:

• reverse-engineer, decompile, or attempt to derive source code,

• resell, sublicense, or white-label the Service without written permission,

• copy or create derivative works from the Service or its AI models,

• exceed usage limits or try to bypass technical restrictions,

• use the Service to build or assist in building a competing product.

All rights not expressly granted are reserved.

Acceptable Use (AUP)

To protect our platform and other customers, you agree not to use the Service to:

Illegal or harmful activity

• Violate any law, regulation, export rule, or IP right.

• Upload malware or attempt unauthorized security testing.

Abusive or deceptive automation

• Send spam, mass unsolicited messages, or deceptive communications.

• Scrape, harvest, or collect data from Third-Party Platforms in violation of their rules.

• Bypass rate limits, access controls, or API restrictions.

• Automate fake engagement (reviews, votes, likes, follows, etc.).

• Run brute-force, credential-stuffing, or other attack workflows.

High-risk or regulated data without permission

• Process PHI unless we have executed a HIPAA BAA.

• Process payment card data requiring PCI DSS compliance without our approval.

• Process biometric, genetic, financial-account data, or other regulated datasets without proper legal basis and safeguards.

Automated decisions affecting legal rights

You may not use the Service as the sole basis for decisions affecting employment, credit, housing, medical care, public benefits, or any other legally significant rights without a documented human-review process.

Processing any prohibited or highly regulated data is at your own risk, and Flowchestra cannot be held responsible for its protection unless explicitly required by a separate agreement.

We may suspend or terminate accounts for AUP violations without refund.

AI Features – Important Limitations

Flowchestra uses AI models to analyze content, generate text, and execute or recommend actions.

AI is probabilistic, not deterministic. This means:

• Output may be incorrect, incomplete, biased, offensive, or unpredictable.

• Different runs may produce different results.

• AI may misunderstand context or instructions.

• Automated Actions may trigger unintended downstream effects.

Your responsibilities

You agree that you, not Flowchestra, are responsible for:

• Reviewing and validating all AI-generated Output before relying on it,

• Ensuring that any Automated Actions are appropriate and safe,

• Providing human oversight where legally required,

• Complying with all AI-related laws and disclosure obligations (including EU AI Act, U.S. automated decision-making rules, etc.).

No reliance

Flowchestra does not guarantee accuracy, suitability, safety, legality, fairness, or reliability of any AI Output.

You assume all risks of using AI features.

Flowchestra is not liable for damages resulting from AI errors, hallucinations, or reliance on AI-generated Output.

Third-Party Platforms & AI Model Providers

By connecting Third-Party Platforms, you authorize Flowchestra to access and act on those accounts consistent with your workflow settings.

You are responsible for:

• complying with Third-Party Platform terms,

• ensuring you have authority to connect those systems,

• any consequences of workflows you configure.

AI provider flow-down terms

Some AI features depend on third-party model providers (e.g., OpenAI, Anthropic, Google).When using these features, you must comply with their published acceptable use policies.

If a model provider requires us to suspend your use, we may do so without liability.

Flowchestra is not responsible for:

• outages or policy changes by Third-Party Platforms or AI providers,

• data loss or corruption caused by actions you configure,

• failures triggered by third-party API changes, rate-limits, or authentication issues.

Data Ownership, Sub-Processors & Privacy

• You retain all ownership rights in Customer Data.

• We use Customer Data only to provide and maintain the Service unless you give additional written permission.

• We do not use Customer Data to train or improve AI models for other customers.

Sub-processors

We use reputable sub-processors (cloud infrastructure, AI providers, analytics, etc.) listed on our website.

By using the Service, you authorize our use of these sub-processors.

Privacy

Our Privacy Policy explains what personal data we collect, how we handle it, and your rights.If you need a Data Processing Addendum (DPA), it is available on request and forms part of these Terms once executed.

Customer responsibilities

You are responsible for:

• obtaining any required consents from data subjects,

• having a lawful basis to process personal data in the Service,

• configuring proper access controls and securing your credentials.

Data retention

After termination, you have 30 days to export Customer Data via the admin console. We queue deletion of active data within 30 days; backups may persist for up to 90 days following before permanent deletion.

Security & Incidents

We follow industry-standard security practices described in our Trust & Security Statement.If we confirm a security incident affecting Customer Data, we will notify you within a 72 hours and provide available details.

You must promptly notify us of any suspected compromise of your credentials or unauthorized access to your account.

Service Level Objective (SLO)

We aim for 99.9% monthly uptime for the Service. This is a target, not a guarantee.

If uptime falls below this target, we will use commercially reasonable efforts to restore normal operations and prevent recurrence.

This SLO is provided for transparency only and does not create any credits, refunds, or other financial obligations, even if actual uptime is lower.

Your sole remedy for availability issues is to discontinue use of the Service under Section 14

Exclusions

Downtime does not include unavailability resulting from:

• Third-Party Platform outages or API failures,

• scheduled maintenance (announced at least 48 hours in advance),

• force majeure events,

• your configurations, networks, or systems,

• DDoS attacks or other hostile events outside our reasonable control,

• beta, trial, or free-tier features.

“Downtime” means 15+ consecutive minutes of complete unavailability of the production Service.

Sole Obligations

Your sole remedy for any availability issues is to discontinue use of the Service under Section 14 (Termination).

We do not provide service credits, refunds, or account adjustments for downtime.

Intellectual Property

Flowchestra owns the Service, including software, models, templates, documentation, and trademarks. You own Customer Data and may use Output for any lawful purpose.

If you send us ideas, suggestions, or improvements, you grant us a perpetual, royalty-free license to use them without attribution.

Confidentiality

Each party must protect the other’s non-public information with reasonable care and may use it only to fulfill these Terms.

Disclosures required by law are permitted with notice where allowed.

Termination

By You

You may cancel anytime through the admin console.Access continues through the end of the current billing period.Prepaid fees are non-refundable.

By Flowchestra

We may suspend or terminate immediately if you:

• materially breach these Terms (including AUP),

• fail to pay amounts due,

• create security, legal, or operational risks,

• violate export controls or AI model provider policies.

Data after termination

You have 30 days to export Customer Data. After that, we queue deletion of active data; backups may persist for up to 90 days following.

Indemnification

Flowchestra indemnity

We will defend you against third-party claims that the Service itself, as we provide it, infringes someone else’s U.S. intellectual-property rights, and we’ll pay any damages that are directly our responsibility.

What’s not covered

This indemnity does not apply to claims that come from:

• your data, prompts, Output, or workflows,

• AI-generated Output (which may be incorrect or resemble third-party material),

• your modification or misuse of the Service,

• use of the Service with systems, data, or tools we didn’t supply,

• third-party platforms, APIs, or AI model providers you connect,

• beta, preview, or deprecated features, or

• using old versions after we tell you to upgrade.

If there’s an IP issue

If someone claims the Service infringes their rights, we may:

• get you permission to keep using it,

• change or replace the affected part, or

• remove the infringing part of the Service.

If none are reasonable, we may end the affected portion of your Subscription and refund any prepaid, unused fees for that portion.

This is your only remedy for any IP infringement claim about the Service.

Your indemnity

You will defend and indemnify Flowchestra from any claim arising from:

• Customer Data,

• violation of law or the AUP,

• your workflows or Automated Actions,

• your misuse of AI features,

• your breach of Third-Party Platform terms.

Warranty Disclaimer

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”WE DISCLAIM ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—including merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement.

AI FEATURES HAVE INHERENT LIMITATIONS. YOU ASSUME ALL RISK OF USING THEM.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Direct damages cap:

Our total liability is limited to the fees you paid in the 12 months before the claim arose.

No indirect damages:

We are not liable for lost profits, lost data, business interruption, or any indirect, special, consequential, or punitive damages.

These limits do not apply to:

• our IP indemnity,

• your indemnity,

• gross negligence or willful misconduct,

• fraud or fraudulent misrepresentation,

• liability that cannot be limited by law (e.g., death or personal injury).

Export Controls & Anti-Corruption

You represent that you and your users:

• are not subject to U.S. or international sanctions,

• will not access the Service from embargoed countries, and

• will comply with all anti-bribery laws (FCPA, UK Bribery Act).

We may suspend access immediately for suspected violations.

Governing Law & Venue

These Terms are governed by Illinois law.All disputes must be resolved in the state or federal courts in Cook County, Illinois, and both parties consent to that jurisdiction.

Force Majeure

Neither party is liable for failures caused by events beyond reasonable control (e.g., outages, natural disasters, war, major cloud-provider failures).Payment obligations are excluded.

General

• You may not assign these Terms without our written consent.

• We may assign as part of a merger, acquisition, or sale of assets.

• If any part is unenforceable, the rest remains in effect.

• All notices must be in writing and sent to the admin email on your account or legal@flowchestra.com.

• These Terms, plus the Ancillary Policies, form the entire agreement for the self-service Service.

Questions?

Email legal@flowchestra.com and we’ll be happy to help.