Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you ("Customer," "you," or "your") and ayrflow ("ayrflow," "we," "us," or "our"), governing your access to and use of the ayrflow software-as-a-service platform at ayrflow.io and any related services (collectively, the "Service").

BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

These Terms include a binding arbitration clause and class action waiver in Section 19. Read it carefully.

1. Eligibility and Account

1.1 You must be at least 18 years old and able to form a binding contract to use the Service.

1.2 If you are using the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" refers to that business.

1.3 You agree to provide accurate, current, and complete account information and to keep it updated.

1.4 You are responsible for safeguarding your password and all activity under your account. Notify us immediately at support@ayrflow.io of any unauthorized use.

1.5 One account per business entity. Sharing logins among multiple businesses is prohibited.

2. The Service

2.1 ayrflow is a multi-tenant SaaS platform that helps field service and home service businesses manage leads, quotes, jobs, customers, scheduling, and integrations with third-party services including Housecall Pro and Jobber.

2.2 The Service is provided on a subscription basis. Features available depend on your plan.

2.3 We may modify, add, or remove features at any time. Material reductions in core functionality on your active plan will be communicated with at least 30 days notice.

3. Subscription Plans, Credits, and Payment

3.1 Plans

Plans available at the Effective Date:

Trial: $0 / 100 credits / 14 days. Payment method required to start.
Starter: $49/month / 500 credits.
Growth: $149/month / 2,000 credits.
Pro: $349/month / 6,000 credits.

Plans, prices, and credit allowances may change. Existing subscribers will be notified at least 30 days before any price increase to their current plan.

3.2 Credits

Credits are consumed by certain AI-powered and metered actions within the Service.
Plan credits reset at the start of each billing cycle and do not roll over.
Top-up credits ($25 / 500, $50 / 1,100, $100 / 2,500) are added on top of your plan and do not expire while your account is active.
Credit consumption is tracked in your account dashboard.
Undo actions are always free and do not consume credits.
Credits have no cash value and are non-refundable except as required by law.

3.3 Billing

Subscriptions auto-renew at the end of each billing cycle until cancelled.
You authorize us to charge your payment method on file for all fees.
Fees are due in advance and are non-refundable except as expressly stated in these Terms.
Failed payments may result in suspension after 7 days. Accounts unpaid for 30 days may be terminated and data may be deleted.

3.4 Taxes

Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, except taxes on our net income.

3.5 Refunds

We do not offer refunds for partial months, unused credits, or unused features. If we materially breach these Terms and fail to cure within 30 days of written notice, you may cancel and receive a prorated refund of prepaid unused fees.

3.6 Cancellation

Cancel anytime in account settings. Cancellation takes effect at the end of the current billing cycle.
After cancellation, you have 90 days to export your data. After 90 days, data may be permanently deleted.

4. License to Use the Service

4.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.

4.2 You may not:

Reverse engineer, decompile, or disassemble any part of the Service.
Copy, modify, or create derivative works of the Service.
Resell, sublicense, rent, lease, or distribute access to the Service.
Use the Service to build a competing product.
Use the Service to violate any law or third-party right.
Probe, scan, or test the vulnerability of the Service except as part of an authorized security program.
Bypass rate limits, credit limits, or other technical restrictions.
Use bots, scrapers, or automated tools beyond our published API.
Impersonate any person or entity or misrepresent your affiliation.
Send spam, malware, or unlawful content through the Service.

5. Your Data

5.1 Ownership

You retain all right, title, and interest in and to data you upload, import, or generate in the Service ("Customer Data"), including customer records, quotes, jobs, leads, photos, and notes.

5.2 License to ayrflow

You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and process Customer Data solely to:

Provide and improve the Service for you.
Comply with law.
Enforce these Terms.

This license ends when you delete the data or close your account, except for backups retained for the period stated in our Privacy Policy and for data we are legally required to retain.

5.3 Your Responsibilities

You represent and warrant that:

You have the right to upload all Customer Data and to grant the licenses above.
Customer Data does not violate any law, contract, or third-party right.
You have obtained all necessary consents from End Users (your customers, leads, and contacts) for ayrflow to process their information on your behalf.
You will comply with all applicable laws including CAN-SPAM, TCPA, GDPR, CCPA, and other privacy and communications laws when using ayrflow features that send messages or collect data.

5.4 Backups

You are responsible for maintaining your own backups of Customer Data. While we maintain commercially reasonable backups, we do not guarantee recovery in all circumstances.

5.5 De-Identified Data

We may use aggregated, de-identified data derived from the Service to operate, analyze, and improve our products. Such data does not identify you or any End User and cannot reasonably be re-identified.

6. Third-Party Services and Integrations

6.1 The Service integrates with third-party services including Housecall Pro, Jobber, Gmail, Google Calendar, Stripe, Cloudflare, OpenAI, Anthropic, and others ("Third-Party Services").

6.2 Your use of Third-Party Services is governed by their own terms and privacy policies, not these Terms. We are not responsible for Third-Party Services.

6.3 Third-Party Services may change, become unavailable, change their pricing, change their APIs, or terminate access at any time. We are not liable for any disruption caused by Third-Party Services.

6.4 You authorize us to access, exchange, and store data with Third-Party Services as needed to provide the Service per the permissions you grant during integration setup.

6.5 If a Third-Party Service ceases to support our integration, we may discontinue that integration without liability.

7. AI Features

7.1 The Service includes AI-powered features (quote generation, lead enrichment, plot plan analysis, chat assistants, etc.). Outputs are generated by automated systems and may contain errors, inaccuracies, or hallucinations.

7.2 AI outputs are not a substitute for professional judgment. You are responsible for reviewing all AI outputs before acting on them or sending them to your customers.

7.3 We may use third-party AI models. Data sent to AI providers is subject to their terms but is not used by them to train public models unless you explicitly opt in.

7.4 You are responsible for the accuracy of quotes, contracts, invoices, and other documents generated with AI assistance and for compliance with any legal or licensing requirements in your jurisdiction.

8. Service Availability

8.1 We target 99.5% monthly uptime but do not guarantee uninterrupted access. Scheduled maintenance, emergency maintenance, third-party outages, and force majeure events may cause downtime.

8.2 No SLA credits are offered with consumer-tier plans. Enterprise SLAs are negotiated separately.

8.3 We may suspend access without notice to investigate security or abuse incidents, to comply with law, or for emergency maintenance.

9. Acceptable Use

You will not use the Service to:

Violate any law or third-party right.
Send unsolicited commercial communications in violation of CAN-SPAM, TCPA, CASL, or similar laws.
Send threatening, harassing, defamatory, obscene, or unlawful content.
Store or transmit malware, viruses, or harmful code.
Infringe intellectual property rights.
Collect End User information without proper consent and notice.
Process sensitive categories of data not supported by the Service (e.g., HIPAA-regulated PHI, payment card data outside of Stripe, government-classified data).
Operate in industries we have not approved (adult entertainment, gambling, weapons, illegal substances, debt collection without compliance program).

We reserve the right to suspend or terminate accounts that violate this section.

10. Intellectual Property

10.1 ayrflow and its licensors own all right, title, and interest in and to the Service, including all software, designs, trademarks, logos, content, and documentation.

10.2 No rights are granted except as expressly stated in these Terms.

10.3 If you submit feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

10.4 The ayrflow name and logo are our trademarks. You may not use them without prior written permission, except to factually describe that you use the Service.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, incorporated into these Terms by reference.

12. Confidentiality

Each party may receive non-public information of the other ("Confidential Information"). The receiving party will:

Use Confidential Information only to perform under these Terms.
Protect it with the same care it uses for its own confidential information (and at least reasonable care).
Not disclose it except to employees and contractors with a need to know and bound by similar obligations.

Confidential Information does not include information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law (with notice where permitted).

13. Suspension and Termination

13.1 By you: Cancel anytime per Section 3.6.

13.2 By us: We may suspend or terminate your account immediately for:

Material breach of these Terms.
Non-payment after 30 days.
Activity that risks harm to ayrflow, other users, or third parties.
Suspected fraud or abuse.
Court order or legal requirement.

13.3 Effect of termination:

Your right to use the Service ends immediately.
You remain liable for all fees accrued through termination.
You have 90 days to export data unless terminated for cause, in which case access may end immediately.
Sections that by their nature survive (ownership, indemnification, limitation of liability, dispute resolution, etc.) will survive.

14. Disclaimers

14.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

14.2 WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

14.3 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.

14.4 WE DO NOT WARRANT ANY OUTCOMES FROM USE OF THE SERVICE, INCLUDING REVENUE, COST SAVINGS, OR BUSINESS RESULTS.

14.5 YOU USE THE SERVICE AT YOUR OWN RISK.

Some jurisdictions do not allow disclaimer of implied warranties. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

15.3 The limitations in this Section 15 apply to all claims, whether based in contract, tort, negligence, strict liability, or any other legal theory, and survive termination.

15.4 Some jurisdictions do not allow exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

16.1 By You

You will defend, indemnify, and hold harmless ayrflow, its officers, directors, employees, and agents from any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service.
Customer Data, including claims by End Users that you collected, stored, or processed their data improperly.
Your violation of these Terms.
Your violation of any law or third-party right.
Your use of AI outputs (including any inaccurate quote, contract, or communication generated using ayrflow).
Your messages, emails, or other communications sent through the Service.

16.2 By ayrflow

We will defend you against any third-party claim alleging that the Service, as provided by us and used per these Terms, infringes that third party's U.S. patent, copyright, or trademark, and we will pay any final judgment or settlement, provided you:

Promptly notify us of the claim.
Give us sole control of defense and settlement.
Reasonably cooperate.

If the Service is, or in our opinion likely to be, the subject of an infringement claim, we may at our option (a) procure the right for you to continue using it, (b) modify it to be non-infringing, or (c) terminate the Service and refund prepaid unused fees. This is your sole remedy for infringement claims.

We have no obligation for claims arising from (i) Customer Data, (ii) modifications not made by us, (iii) combination with non-ayrflow products, or (iv) use in violation of these Terms.

17. Governing Law

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Venue

Subject to Section 19 (arbitration), the state and federal courts located in El Paso County, Colorado have exclusive jurisdiction over any dispute not subject to arbitration. You consent to personal jurisdiction and venue in those courts.

19. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

19.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, except as provided below.

19.2 Exceptions

The following are not subject to arbitration:

Small claims court actions within that court's jurisdiction.
Claims for injunctive relief related to intellectual property or unauthorized use of the Service.

19.3 Class Action Waiver

YOU AND AYRFLOW EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Arbitration will be conducted on an individual basis only.

19.4 Procedure

Arbitration will be conducted in Denver, Colorado, or by video conference at the claimant's option.
The arbitrator has authority to grant any remedy a court could, except as limited by these Terms.
Each party bears its own attorneys' fees unless awarded by the arbitrator.
The arbitrator's decision is final and binding. Judgment may be entered in any court of competent jurisdiction.

19.5 Opt-Out

You may opt out of this arbitration provision by emailing legal@ayrflow.io within 30 days of first accepting these Terms. Opt-out requests must include your name, account email, and a clear statement that you are opting out.

19.6 Survival

This Section 19 survives termination of these Terms.

20. Modifications to the Terms

We may update these Terms. Material changes will be notified by email or in-app notice at least 14 days before taking effect. Your continued use after the effective date constitutes acceptance. If you do not agree, your sole remedy is to cancel your account.

21. General

21.1 Entire Agreement

These Terms, the Privacy Policy, and any order forms or written addenda constitute the entire agreement between you and ayrflow and supersede all prior agreements.

21.2 Severability

If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

21.3 No Waiver

Our failure to enforce a provision is not a waiver of that provision.

21.4 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.

21.5 Independent Contractors

The parties are independent contractors. These Terms do not create any partnership, agency, or employment relationship.

21.6 Force Majeure

Neither party is liable for failures caused by events beyond reasonable control, including acts of God, war, terrorism, riots, embargoes, internet outages, denial-of-service attacks, and pandemics.

21.7 Notices

To ayrflow: legal@ayrflow.io
To you: by email to the address on your account or by in-app notice.

21.8 Export

You will comply with all U.S. export control and economic sanctions laws and will not export the Service or related technology to any prohibited country, entity, or person.

21.9 U.S. Government End Users

The Service is "commercial computer software" per FAR 12.212. Government use is subject to these Terms.

21.10 Beta Features

Features identified as "beta," "preview," or similar are provided "as is" without warranties of any kind and may be modified or discontinued at any time.

22. Contact

ayrflow Colorado Springs, Colorado, USA

General: support@ayrflow.io
Legal: legal@ayrflow.io
Privacy: privacy@ayrflow.io

By using the Service, you acknowledge that you have read, understood, and agreed to these Terms.