Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Flowdesk Cloud regarding your access to our intelligent hotel-operations platform. By creating an account, inviting staff, scanning QR codes, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Service.

1. About These Terms

Flowdesk Cloud (also referred to as "FlowDesk", "we", "us", or "our") provides workflow tooling for hotels and hospitality brands. Any person or organization that accepts these Terms does so on behalf of itself and any entity it represents. You represent that you are at least 18 years old, able to form a contract, and authorized to bind the Customer that you represent.

Key definitions used throughout these Terms:

• "Customer" means the hotel, management company, or brand that signs up for the Service.
• "Property" means an individual hotel or location configured within the Service.
• "Guest" means an end user interacting with a QR code, messaging interface, or other guest experience powered by Flowdesk Cloud.
• "Operational Data" means task assignments, ticket activity, guest communications, uploads, and similar information that you or your users submit to the Service.

2. Service Description

Flowdesk Cloud centralizes guest issue intake, task routing, staff collaboration, and performance insights. The Service currently includes features such as unified QR-code experiences, guest issue forms, bi-directional messaging, staff task queues, routing rules, internal notes, file attachments, and simplified dashboards. We may enhance or modify features over time; material downgrades will be communicated in advance where practical.

3. Accounts, Roles, and Access

Customers create a platform account and invite property-level staff. Admins assign roles that determine what each user can view or change. You must maintain accurate contact information, ensure that only authorized individuals receive access, and promptly revoke access for departing team members. Guests interact with public surfaces without needing login credentials; you are responsible for ensuring that QR placements and communications comply with local policies.

4. Customer Responsibilities

You control how Flowdesk Cloud is configured for your properties. You remain responsible for:

• The accuracy of Operational Data that you or your staff submit.
• Obtaining guest consent where required by law.
• Maintaining backup copies of data exported from the Service if needed for your records.
• Procuring devices, connectivity, and signage required to use the Service.

You must ensure your use complies with all applicable laws, including accessibility, labor, privacy, and communications regulations in the jurisdictions where your guests or staff reside.

5. Acceptable Use

You agree not to:

• Probe, scan, or test the vulnerability of any Flowdesk Cloud system or network.
• Upload malicious code or attempt to disrupt the Service or any user experience.
• Use guest messaging for spam, harassment, discriminatory content, or any unlawful purpose.
• Misrepresent your identity or affiliation when communicating with guests through the platform.
• Attempt to circumvent quota limits, API protections, or routing safeguards.

We reserve the right to suspend or terminate accounts that violate this section or that, in our reasonable judgment, create undue risk to the platform, carriers, or other users.

6. Property and Guest Data

As between the parties, you own Operational Data. You grant us a non-exclusive license to host, process, store, transmit, and display Operational Data solely to provide and improve the Service, fulfill legal obligations, and prevent abuse. We may generate aggregated or anonymized insights that no longer identify you or your guests and use those insights for benchmarking and product development.

You are the controller of Guest personal data; we act as your processor. Our processing obligations and data-subject response commitments are described in our Privacy Policy. Data deletion requests should be sent to privacy@flowdesk.cloud.

7. Security and Incident Response

We implement administrative, technical, and physical safeguards appropriate for a modern SaaS platform, including encrypted transport, role-based access controls, and continuous monitoring. You are responsible for securing your endpoints, enforcing strong passwords, and enabling multi-factor authentication where offered. If you suspect unauthorized access, notify us immediately at support@flowdesk.cloud.

8. Third-Party Services and Connectivity

The Service may integrate with providers such as Twilio (messaging), Stripe (payments), file storage services, or hotel technology systems. Your use of any third-party integration is subject to that provider's terms. We are not responsible for outages, rate limits, or policy changes introduced by third parties. If a provider materially changes pricing or availability, we may adjust how the integration functions, require additional verification, or sunset the integration with reasonable notice.

9. Fees and Payment

Unless otherwise stated in an order form, subscriptions are billed monthly in advance based on the plan selected. Usage-based add-ons (such as high-volume messaging or additional properties) are billed in arrears. All fees are exclusive of taxes, which you agree to pay where applicable. Payments are processed by our payment partners, and you authorize them to store payment credentials and initiate charges on your behalf.

You may upgrade, downgrade, or cancel your plan at any time within the admin portal; changes take effect on the next billing cycle. Except where required by law, fees are non-refundable. Late invoices may incur the lesser of 1.5% per month or the maximum amount permitted by law. We may suspend access for accounts that are 15 or more days past due.

10. Implementation, Support, and Availability

We provide in-product onboarding, documentation, and email-based support. Premium onboarding or custom configuration services may be offered under a separate statement of work. While we target high availability, downtime may occur due to maintenance, new feature deployments, or factors outside our control. We publish status updates through our support channels when incidents materially impact the Service.

11. Beta, Preview, and Early-Access Features

We may invite you to test beta or pre-release functionality. Beta features are provided "as is" for evaluation, may change at any time, and may be subject to supplemental terms. Metrics or data generated within beta environments should not be relied upon for production decision-making.

12. Confidentiality and Publicity

Each party may access the other's confidential information during the course of the relationship. The receiving party will use such information only to perform obligations under these Terms and will apply reasonable safeguards to protect it. We may list you as a customer in marketing materials unless you opt out by emailing support@flowdesk.cloud.

13. Intellectual Property

Flowdesk Cloud, along with all related trademarks, logos, software, and content, are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You retain ownership of Operational Data. If you provide product feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction.

14. Representations, Warranties, and Disclaimers

Each party represents that it has the authority to enter into these Terms. Except as expressly provided, the Service is offered "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

15. Indemnification

You will defend and indemnify Flowdesk Cloud, its affiliates, and their respective officers, directors, and employees from claims, damages, fines, or expenses (including reasonable attorney fees) arising out of (a) Operational Data, (b) your violation of these Terms or applicable law, or (c) interactions with guests conducted through the Service. We will promptly notify you of any claim and cooperate at your expense. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICE DURING THAT PERIOD.

17. Suspension and Termination

You may terminate your subscription at any time through the admin settings; termination takes effect at the end of the then-current billing period. We may suspend or terminate access immediately if you materially breach these Terms, fail to pay fees when due, or engage in activity that jeopardizes platform stability or security. Upon termination, you must cease using the Service. You may export Operational Data before your subscription ends; we are not obligated to maintain data beyond 30 days after termination unless required by law.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-law rules. The parties will attempt informal resolution by providing written notice of any dispute and allowing thirty (30) days for a response. If the dispute is not resolved, it will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, before a single arbitrator, and the decision may be enforced in any court of competent jurisdiction. Either party may seek injunctive relief in court to protect confidential information or intellectual property rights. You may opt out of arbitration within 30 days of accepting these Terms by emailing support@flowdesk.cloud with the subject line "Arbitration Opt-Out" and your account details.

19. Export, Anti-Corruption, and Sanctions

You represent that you are not located in, and will not provision access to, any country or individual subject to U.S. embargoes, sanctions, or export restrictions. You will not use the Service for purposes prohibited by U.S. export control laws, including nuclear, chemical, or biological weapon proliferation. You further represent that you will comply with anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act.

20. Force Majeure

Neither party will be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, carrier outages, or strikes impacting internet service providers. The affected party will resume performance as soon as reasonably practicable.

21. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced via email or in-product notification at least 15 days before the effective date unless immediate changes are required to comply with law or address urgent security concerns. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

22. Notices

Notices to the Customer will be delivered via email to the address associated with the admin account or through in-product messaging. Notices to Flowdesk Cloud should be emailed to support@flowdesk.cloud or mailed to our principal place of business if provided in an order form.

23. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Neither party may assign these Terms without the other party's consent, except we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms, together with any order form and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous proposals, agreements, or communications regarding the Service. Sections that by their nature should survive termination (including payment obligations, confidentiality, IP, indemnities, limitations of liability, and dispute resolution) will survive.