Terms of Use.

FM Flow reserves the right to change the Website and these Terms at any time without notice by posting such changes to this Website. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. If the change includes increases to any fees charged by us, we will provide at least 30 days advance notice. These Terms supersede all previous notices or statements regarding the Website.

The Website is designed for contractors as a tool for estimating jobs, scheduling, receiving payments, and handling accounting. It is also designed to receive requests ("leads") from third parties through our affiliate, Referral Source ("RS").

Use of Referral Source is an optional add-on to your Account. You will be charged a 3% referral fee for all jobs obtained through RS, whether or not you close the job within RS or outside the Website. Neither we nor RS guarantee any amount or number of leads, a specific quality of leads, or that you will receive any revenue from any leads.

The Website may contain links to other websites not under the control of FM Flow. FM Flow has no responsibility for linked websites, nor does linking constitute an endorsement of any linked website.

By registering for an Account, you represent that you: (i) have or are an employee or agent of an independent business; (ii) will use the Website for business purposes only; (iii) will comply with any licensing or registration requirements; and (iv) are at least 18 years of age or a legal entity that can form legally binding contracts.

You are solely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree to notify us immediately if you suspect unauthorized use of your Account.

You will be on a month-to-month contract from the date you establish an Account. Your membership will automatically renew unless you cancel at least 30 days prior to the end of the membership period.

You agree to pay all fees and applicable taxes incurred by your Account. FM Flow reserves the right to change pricing with appropriate notice. All fees are non-refundable except as expressly provided in these Terms. You authorize FM Flow to charge your provided payment method for all applicable fees.

For Referral Source leads, a 3% referral fee applies to all jobs obtained through RS, and RS has the right to automatically debit this fee from your Account pursuant to the ACH Agreement, which is incorporated into these Terms.

You agree not to: (a) copy, distribute, or disclose any part of the Website; (b) use any automated system to access the Website; (c) transmit spam or unsolicited communications; (d) attempt to interfere with the integrity or performance of the Website; (e) use the Website to transmit unlawful, harassing, libelous, or otherwise objectionable content; or (f) collect or harvest any personally identifiable information from the Website.

We respect your privacy. We do not share, sell, or trade our customers' or users' phone numbers or personal information to third parties for their marketing purposes. You may receive messages regarding estimates and jobs; standard data rates may apply. Reply STOP to opt out at any time. Please review our Privacy Policy for full details on how we collect and use your information.

All content, features, and functionality of FM Flow — including but not limited to text, graphics, logos, and software — are the exclusive property of FM Flow, Inc. and are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, or create derivative works from any FM Flow content without our express written permission.

FM Flow makes no representation that the Website is appropriate or available for use outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

FM Flow is not responsible for the conduct of any contractor or customer using the platform. You assume all risks associated with the use of the Website and any transactions or interactions arising from its use. FM Flow does not investigate, screen, supervise, or endorse any contractor or customer using the platform beyond the stated vetting process.

The services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, FM Flow disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FM Flow shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the services.

In no event shall FM Flow's total liability to you for all damages exceed the amounts paid by you to FM Flow in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless FM Flow, its officers, directors, employees, agents, and successors from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your use of the Website, your violation of these Terms, or your violation of any rights of another party.

FM Flow reserves the right to terminate or suspend your Account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including provisions relating to intellectual property, warranty disclaimers, indemnity, and limitation of liability.

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Website shall be resolved by binding arbitration, except that either party may bring an individual claim in small claims court. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Arbitration shall be conducted in accordance with the rules of a nationally recognized arbitration organization, and shall take place in Utah County, Utah, unless otherwise agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If you have any questions about these Terms of Use, please contact us:

FM Flow, Inc.
Lehi, Utah 84043, US
Email: support@fmflow.com

These Terms constitute the entire agreement between you and FM Flow regarding your use of the Website and supersede all prior agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. FM Flow's failure to enforce any right or provision shall not constitute a waiver of such right or provision. These Terms are governed by the laws of the State of Utah, without regard to its conflict of law provisions.