1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you and Sureflow Leads ("Sureflow," "we," "us," or "our") and govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing the website, requesting a discovery call, or signing a service agreement with us, you agree to these Terms.
If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Services
Sureflow provides AI-powered lead-response and revenue infrastructure for restoration businesses, including automated phone answering, SMS and form follow-up, appointment scheduling, and reporting. Specific deliverables, pricing, and service levels are described in your individual order form, statement of work, or service agreement (the "Order"). In the event of a conflict between these Terms and an Order, the Order controls for that customer.
3. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for all activity that occurs under your account, for keeping credentials confidential, and for promptly notifying us of any unauthorized use.
4. Customer Responsibilities
- Provide accurate, complete information during onboarding and keep it current.
- Comply with all laws applicable to your business, including telemarketing, call-recording, and consumer-protection laws.
- Obtain any consents, disclosures, or notices required from your callers, leads, and end-customers.
- Use the Services only for lawful, legitimate restoration-business purposes.
- Pay all fees described in your Order on the agreed schedule.
5. Acceptable Use
You agree not to:
- Use the Services for unlawful, harmful, fraudulent, or abusive activity.
- Send spam, illegal robocalls, or messages that violate the TCPA, CAN-SPAM Act, or similar laws.
- Reverse engineer, decompile, or attempt to derive source code or underlying models.
- Resell, rent, or sublicense the Services to a third party without written consent.
- Interfere with or disrupt the integrity or performance of the Services.
- Upload viruses, malware, or other harmful code.
6. Fees and Payment
Fees are set out in your Order. Unless otherwise agreed, fees are billed in advance and are non-refundable. You authorize us to charge your designated payment method for all fees due. Late payments may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend Services for non-payment after reasonable notice.
7. Term and Termination
These Terms remain in effect while you use the Services. The term of any paid engagement is set in the Order. Either party may terminate for material breach if the breach is not cured within 15 days of written notice. We may suspend or terminate access immediately for non-payment, security risk, or violation of Section 5 (Acceptable Use). On termination, you remain responsible for fees accrued through the termination date, and Sections that by their nature should survive will survive.
8. Intellectual Property
Sureflow and its licensors retain all right, title, and interest in and to the Services, including all software, models, prompts, content, and trademarks. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the Services during the term solely for your internal business purposes.
You retain ownership of data you provide ("Customer Data"). You grant Sureflow a worldwide, royalty-free license to host, process, and use Customer Data as necessary to provide and improve the Services. Aggregated and de-identified data derived from use of the Services may be used by Sureflow for analytics and product improvement.
9. Confidentiality
Each party may receive non-public information from the other ("Confidential Information"). The receiving party agrees to (a) use Confidential Information only to perform under these Terms and (b) protect it with at least the same care it uses for its own confidential information, and no less than reasonable care. Confidential Information does not include information that is public, independently developed, or rightfully received from a third party.
10. Third-Party Services
The Services may interoperate with third-party platforms (e.g., telephony providers, CRMs, calendar systems). Your use of those platforms is governed by their own terms, and Sureflow is not responsible for their performance or availability.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC LEAD VOLUME, CONVERSION RATE, OR REVENUE OUTCOME WILL BE ACHIEVED. EXAMPLES, ESTIMATES, AND CASE STUDIES ARE ILLUSTRATIVE AND NOT GUARANTEES.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO SUREFLOW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to defend, indemnify, and hold harmless Sureflow and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Services, (b) your violation of these Terms or applicable law, or (c) Customer Data you provide to us.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The parties agree to exclusive jurisdiction and venue in the state and federal courts located in Harris County, Texas, except that either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the latest revision. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms. Material changes will be communicated through the website or by direct notice where required.
16. Miscellaneous
- Entire agreement. These Terms, together with any Order, constitute the entire agreement between the parties regarding the Services.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of future enforcement.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.