IMPORTANT: PLEASE READ CAREFULLY

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS IN FULL.

These Terms of Service ("Terms") govern your subscription to and use of the Flostack platform and services ("Platform"). By accessing, registering, or using the Platform, you agree that:

• You have read, understand, and accept these Terms;

• You are at least 18 years old and have the legal authority to enter into this agreement;

• All information you provide to Flostack is accurate and complete;

• You are authorized to act on behalf of your organization and to bind it to these Terms, if applicable.

These Terms form a binding agreement between you (or the entity you represent) and Harbr, LLC, operating as Flostack ("Flostack," "we," "us"). These Terms incorporate our Privacy Policy, Data Processing Addendum, and any applicable affiliate or reseller agreements.

Flostack is an independently operated, white-labeled software service built on licensed technology provided by an upstream SaaS provider. While branded as Flostack and supported by our team, core platform functionality is delivered through third-party infrastructure that we do not own or control.

Flostack may revise these Terms at any time. Continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms.

1. Use of Platform

1.1 Age & Competitive Restrictions

You must be 18 years or older. Use by competitors or those seeking to analyze or reverse-engineer the Platform for competitive purposes is strictly prohibited.

1.2 Account Ownership

The Platform is intended for business use. The individual creating the account is deemed the owner unless registering on behalf of a business, in which case the business entity is the owner. In ownership disputes, Flostack may require legal documentation and reserves the right to suspend the account until ownership is resolved.

1.3 Permitted Use

You and your customers may only use the Platform lawfully. You are responsible for ensuring your use—and the use by your customers and team—complies with all applicable laws. You may not:

• Use the Platform in ways that violate laws or regulations;

• Misrepresent the Platform’s capabilities;

• Share access with Flostack competitors;

• Reverse-engineer, copy, or create derivative works from the Platform;

• Modify or remove proprietary notices or branding.

You are responsible for the conduct and compliance of your customers and users. Flostack disclaims any liability related to your customers’ use of the Platform.

2. Platform Changes & Service Modifications

Flostack reserves the right to modify, suspend, or discontinue any feature of the Platform at any time, with or without notice. We may add or remove integrations, services, and features. You agree that Flostack shall not be liable for any changes that may affect the availability or functionality of third-party integrations or upstream platform changes made by our technology provider.

3. Termination & Suspension

We reserve the right to suspend or terminate your access to the Platform at any time and for any reason, including, but not limited to, violation of these Terms, legal risk, suspected fraudulent activity, or harm to system integrity. Termination may occur without notice. Upon termination, your access to the Platform and your data may be deleted.

We are not liable for the termination or modification of services by our upstream SaaS provider.

4. Compliance & Responsibility

You are solely responsible for:

• Ensuring compliance with all applicable data, privacy, and consumer protection laws (including HIPAA, GDPR, CAN-SPAM, TCPA, and CCPA);

• Providing clear disclosures and privacy terms to your customers;

• Maintaining records of customer opt-ins where applicable;

• Maintaining proper insurance as needed for your business activities;

• Cooperating with law enforcement and telecom regulators when required.

5. Communication Tools & A2P Messaging

If you use Flostack’s built-in communication tools (SMS, MMS, voice, email), you:

• Accept responsibility for all messages and campaigns;

• Must comply with the TCPA, CAN-SPAM, Do Not Call Registry, and applicable A2P 10DLC regulations;

• Must obtain clear opt-in consent before sending any automated or promotional messages;

• Acknowledge that you control the message content, frequency, and recipient list;

• Agree to pay all applicable Communication Surcharges.

Flostack is a software provider only and does not initiate or send messages. Delivery and compliance are your sole responsibility. Failure to comply with these laws may result in immediate account suspension and potential legal action.

6. Third-Party Services

The Platform may integrate with third-party tools. You are solely responsible for managing those integrations, obtaining required consents, and understanding each third-party’s terms of use. Flostack disclaims any responsibility for the performance, data practices, or service interruptions of third-party providers.

Flostack does not guarantee continued compatibility with any third-party provider. Changes in those services may impact your integration, and you assume all associated risks.

7. Data Privacy

By using the Platform, you consent to our data handling practices as described in the Flostack Privacy Policy. You are responsible for ensuring your customers provide valid consent for any data you upload or share via the Platform.

You may not use data obtained through Flostack or People Data Labs in ways prohibited by their Acceptable Use Policies. You agree to implement and enforce your own customer-facing Terms and Privacy Policy.

8. Security & Login Credentials

You are responsible for safeguarding your account credentials. Any activity using your credentials is considered authorized by you. If you suspect unauthorized access, you must notify us immediately.

You consent to Flostack accessing your account for support, security, and monitoring purposes.

9. Open Source & Licensing

Certain components of the Platform may be subject to open-source licenses. In such cases, those components are governed by their respective licenses, not these Terms. You agree to honor all applicable license terms.

10. Disclaimer of Warranties

The Platform is provided "as is" and "as available." Flostack disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation. You acknowledge that the Platform is built on a third-party provider’s infrastructure, and we do not control or guarantee the performance of that provider.

11. Limitation of Liability

To the maximum extent permitted by law, Flostack shall not be liable for indirect, incidental, punitive, or consequential damages arising from your use of the Platform. Our total liability to you under any legal theory shall not exceed the amount paid by you to Flostack in the past 12 months.

12. Indemnification

You agree to defend, indemnify, and hold harmless Flostack and its affiliates, employees, and partners from any claims, damages, losses, or liabilities (including legal fees) arising from your:

• Use or misuse of the Platform;

• Violation of laws or regulations;

• Breach of these Terms;

• Disputes with your customers or third parties.

13. Force Majeure

Flostack is not liable for delays or failures caused by events beyond our control, including natural disasters, internet outages, government actions, or upstream provider service interruptions.

14. Entire Agreement & Severability

These Terms, along with the Privacy Policy and any applicable addenda, constitute the full agreement between you and Flostack. If any provision is found unenforceable, the remainder shall remain in effect.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida. Any disputes shall be resolved through binding arbitration in Orange County, Florida. You waive any right to participate in class actions or jury trials.

Questions? Contact [email protected]
Platform access: https://getflostack.com
Harbr, LLC. All rights reserved.