Terms of Service

Welcome to ZiaFlows. These Terms of Service ("Terms") govern your access to and use of ZiaFlows' AI-powered automation platform, services, and website (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our AI agents, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and ZiaFlows.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Service Description

ZiaFlows provides AI-powered automation services designed for medical and professional practices, including:

• LeadLock™: AI-powered lead capture and qualification
• ShowUp™: Automated appointment reminders and no-show prevention
• ConvertPro™: Intelligent follow-up sequences and lead nurturing
• ReviewRocket™: Automated review generation and management
• Additional AI Agents: Various automation tools for business operations

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Account Registration and Security

Account Requirements

To use our Services, you must:

• Be at least 18 years old
• Provide accurate, current, and complete information
• Maintain and update your account information
• Have the legal authority to enter into these Terms
• Not have been previously suspended or removed from our Services

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account is not shared with others

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any fraudulent or malicious purposes
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Transmit viruses, malware, or other harmful code
• Scrape, crawl, or harvest data from the Services
• Reverse engineer or attempt to extract source code
• Use the Services to spam, harass, or send unsolicited communications
• Impersonate any person or entity
• Resell or redistribute the Services without authorization

Subscription Plans

ZiaFlows offers various subscription plans (Starter, Growth, Enterprise). By subscribing, you agree to:

• Pay all fees associated with your selected plan
• Provide current, complete, and accurate billing information
• Authorize us to charge your payment method on a recurring basis
• Update your payment information as needed

Billing Cycle

• Subscriptions are billed monthly or annually, depending on your plan
• Billing occurs on the same day each billing period
• You will receive an invoice via email for each billing cycle
• All fees are in U.S. Dollars unless otherwise stated

Refunds

We offer a 14-day money-back guarantee for new customers. After 14 days:

• Monthly subscriptions are non-refundable
• Annual subscriptions may be eligible for pro-rated refunds at our discretion
• Setup fees and custom development work are non-refundable

Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your account. You remain responsible for all unpaid fees.

6. Cancellation and Termination

Your Right to Cancel

You may cancel your subscription at any time through your account dashboard or by contacting our support team. Upon cancellation:

• You will retain access until the end of your current billing period
• No refunds will be issued for partial months
• Your data will be retained for 90 days before deletion
• You can reactivate your account within 90 days without data loss

Our Right to Terminate

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account has unpaid fees
• We suspect fraudulent or illegal activity
• We discontinue the Services (with 30 days notice)

7. Data Ownership and Intellectual Property

Your Data

You retain all rights to your customer data, business information, and content ("Your Data"). By using our Services, you grant us a limited license to:

• Process Your Data to provide the Services
• Use anonymized, aggregated data for analytics and improvements
• Store and backup Your Data on our secure servers

Our Intellectual Property

ZiaFlows and our AI agents, including all software, algorithms, designs, trademarks, and content, are owned by ZiaFlows and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of our Services
• Use our trademarks without written permission
• Remove or alter any proprietary notices
• Attempt to reverse engineer our AI models or algorithms

Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted access. The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

AI Performance

While our AI agents are designed to be effective, we do not guarantee:

• Specific lead conversion rates or business outcomes
• 100% accuracy in AI responses or lead qualification
• Elimination of all no-shows or negative reviews
• Any particular revenue increase or ROI

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIAFLOWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless ZiaFlows, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Data or content provided to the Services

12. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at legal@ziaflows.com to attempt to resolve the dispute informally.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules, conducted in Albuquerque, New Mexico.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive your right to participate in class actions or class arbitrations.

13. General Provisions

Governing Law

These Terms are governed by the laws of the State of New Mexico, without regard to conflict of law principles.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use after changes constitutes acceptance.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Entire Agreement

These Terms, together with our Privacy Policy and any BAA, constitute the entire agreement between you and ZiaFlows regarding the Services.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.