Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and QFlow Inc. ("QFlow," "we," "us," or "our") governing your access to and use of QFlow's queue management software and services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Services Description

QFlow provides cloud-based queue management software designed to help organizations manage customer flow, appointments, and service delivery. Our Services include:

• Queue Management Platform: Web-based dashboard for managing queues, appointments, and customer flow
• Mobile Applications: iOS and Android apps for customers and staff
• Self-Service Kiosks: Software for customer check-in terminals
• API Access: RESTful API for custom integrations
• Analytics & Reporting: Real-time dashboards and performance reports
• Support Services: Technical support and customer success resources

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice, except where emergency maintenance or security updates are required.

3. Account Registration & Security

3.1 Account Creation

To use our Services, you must create an account by providing:

• Accurate and complete registration information
• Valid business email address
• Organization details and billing information
• Designated administrator credentials

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Implementing multi-factor authentication where available
• Immediately notifying us of any unauthorized access or security breach

3.3 User Management

You may create sub-accounts for your employees or authorized users. You are responsible for all actions taken by users with access to your account and must ensure they comply with these Terms.

4. Subscription & Billing

4.1 Subscription Plans

Our Services are offered through various subscription plans as described on our pricing page. Each plan includes specific features, usage limits, and support levels.

4.2 Fees & Payment

• Billing Cycle: Subscription fees are billed monthly or annually in advance, based on your selected plan
• Payment Method: You must provide a valid payment method (credit card, ACH, or wire transfer for enterprise customers)
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We may change pricing with 30 days' notice; changes take effect at your next renewal
• Taxes: Fees exclude applicable taxes; you are responsible for all sales, use, and similar taxes

4.3 Late Payments & Suspension

If payment is not received within 15 days after the due date, we may suspend your access to the Services until payment is made. Accounts suspended for more than 30 days may be terminated, and data may be deleted.

4.4 Refund Policy

Subscription fees are non-refundable except:

• Within 30 days of initial purchase (first-time customers only)
• When required by applicable law
• At QFlow's sole discretion for extenuating circumstances

4.5 Usage Overages

If you exceed your plan's usage limits (e.g., number of tickets, API calls), we will notify you and may charge overage fees as specified in your plan documentation or suspend service until you upgrade to an appropriate plan.

5. Acceptable Use Policy

You agree not to use the Services to:

5.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful code (viruses, malware, trojans) or conduct security attacks
• Attempt unauthorized access to our systems, networks, or other users' accounts
• Reverse engineer, decompile, or disassemble the Services
• Remove or modify any proprietary notices or labels
• Use the Services for competitive analysis or to build competing products
• Resell, sublicense, or distribute the Services without authorization
• Overload or disrupt the Services through excessive API calls or automated queries
• Store or transmit illegal, offensive, or harmful content
• Violate others' privacy or harvest personal information

5.2 Content Standards

Customer Data must not:

• Contain illegal or fraudulent material
• Infringe intellectual property rights
• Include hate speech, harassment, or discriminatory content
• Violate privacy laws or expose sensitive information improperly

5.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including suspending or terminating accounts, removing content, and reporting illegal activity to law enforcement.

6. Intellectual Property Rights

6.1 QFlow Ownership

The Services, including all software, technology, designs, trademarks, and content provided by QFlow, are owned by QFlow and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

6.2 Customer Data Ownership

You retain all rights to your Customer Data (information you input into the Services). By using the Services, you grant QFlow a worldwide, non-exclusive license to host, copy, transmit, and display your Customer Data solely to provide the Services.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant QFlow a perpetual, irrevocable, worldwide license to use that Feedback without compensation or attribution.

6.4 Third-Party Components

The Services may include third-party software components subject to separate licenses. Such components are identified in our documentation and subject to their respective license terms.

7. Data & Privacy

7.1 Data Processing

We process Customer Data solely to provide the Services as described in our Privacy Policy and Data Processing Agreement (DPA).

7.2 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption at rest (AES-256) and in transit (TLS 1.3)
• Regular security audits and penetration testing
• Role-based access controls and multi-factor authentication
• 24/7 security monitoring and incident response
• Regular independent security reviews

7.3 Data Backup & Recovery

We perform daily automated backups of Customer Data with 30-day retention. In the event of data loss, we will use commercially reasonable efforts to restore data from backups.

7.4 Data Portability

You may export your Customer Data at any time through the Services' export functionality or API. Upon termination, we will provide a one-time export of your data in CSV or JSON format.

7.5 Data Deletion

Following termination, we will delete your Customer Data within 90 days unless:

• Legal retention requirements mandate longer retention
• Data is stored in anonymized form for analytics
• Backup retention policies require temporary retention (deleted within 30 days of backup rotation)

8. Warranties & Disclaimers

8.1 Service Level Agreement (SLA)

We commit to 99.9% uptime for paid plans, measured monthly (excludes scheduled maintenance). If we fail to meet this SLA, you may be eligible for service credits as detailed in our SLA documentation.

8.2 QFlow Warranties

QFlow represents and warrants that:

• The Services will perform materially in accordance with our documentation
• We will use industry-standard security measures to protect your data
• We have the right to provide the Services under these Terms

8.3 Customer Warranties

You represent and warrant that:

• You have the authority to enter into these Terms
• Your use of the Services complies with all applicable laws
• Your Customer Data does not infringe third-party rights
• You have obtained all necessary consents to submit Customer Data

8.4 Disclaimers

9. Limitation of Liability

9.1 Exclusion of Consequential Damages

9.2 Liability Cap

QFlow's total liability for all claims arising from or relating to these Terms or the Services shall not exceed the greater of:

• $100 USD, or
• The total amount paid by you to QFlow in the 12 months preceding the claim

9.3 Exceptions

The limitations in this section do not apply to:

• Your breach of Section 6 (Intellectual Property Rights)
• Your indemnification obligations under Section 10
• Your payment obligations
• Liabilities that cannot be limited under applicable law (e.g., gross negligence, willful misconduct)

10. Indemnification

10.1 Customer Indemnification

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

• Your use of the Services in violation of these Terms
• Your Customer Data or its use by QFlow as authorized under these Terms
• Your violation of applicable laws or third-party rights
• Negligence or willful misconduct by you or your users

10.2 QFlow Indemnification

QFlow will indemnify you against third-party claims that the Services infringe a valid patent, copyright, or trademark, provided you:

• Promptly notify QFlow in writing of the claim
• Grant QFlow sole control of the defense and settlement
• Provide reasonable assistance at QFlow's expense

If the Services are found to infringe, QFlow may, at its option: (a) modify the Services to be non-infringing, (b) obtain a license for your continued use, or (c) terminate your subscription and refund prepaid fees on a pro-rata basis.

10.3 Exclusive Remedy

Section 10.2 states your exclusive remedy and QFlow's sole liability for intellectual property infringement claims.

11. Termination

11.1 Termination by Customer

You may terminate your subscription at any time through your account settings. Termination takes effect at the end of your current billing period, and you will not receive a refund for the remaining subscription term.

11.2 Termination by QFlow

We may terminate or suspend your account:

• For Cause: Immediately if you breach these Terms, fail to pay fees, or engage in prohibited activities
• For Convenience: With 30 days' written notice if we discontinue the Services
• Legal Requirement: If required by law or court order

11.3 Effect of Termination

Upon termination:

• Your access to the Services will immediately cease
• You must cease all use of QFlow's intellectual property
• You have 30 days to export your Customer Data before deletion
• You remain liable for all fees incurred before termination
• Sections 6, 8.4, 9, 10, 11.3, and 12 survive termination

12. General Provisions

12.1 Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

12.2 Dispute Resolution

Before initiating litigation, the parties agree to attempt to resolve disputes through good-faith negotiation for 30 days. If unresolved, either party may pursue litigation or, by mutual agreement, binding arbitration under AAA Commercial Arbitration Rules.

12.3 Force Majeure

Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet failures.

12.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets with notice to you.

12.5 Entire Agreement

These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between you and QFlow regarding the Services and supersede all prior agreements and understandings.

12.6 Amendments

We may modify these Terms at any time by posting the updated Terms on our website. Material changes take effect 30 days after posting; continued use after that date constitutes acceptance.

12.7 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full effect.

12.8 Waiver

No waiver of any term shall be deemed a continuing waiver or a waiver of any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

12.9 Notices

Legal notices must be sent to:

• Email: legal@qflow.io
• Mail: QFlow Legal Department — registered address available on request

12.10 Export Compliance

The Services are subject to U.S. export control laws. You agree to comply with all applicable export and re-export restrictions and not to use the Services in violation of such laws.

12.11 Government Use

The Services are "commercial items" as defined in FAR 2.101. If acquired by a U.S. Government agency, the Services are subject to the license rights and restrictions set forth in these Terms.

12.12 Contact Information

For questions about these Terms, please contact us: