FLO Terms of Service

1. Who these Terms are between These Terms of Service ("Terms") are an agreement between Facilities Logistics and Operations, LLC, a California limited liability company ("FLO," "Company"), and the company or organization that creates, authorizes, or uses an account ("Customer," "you," or "your"). FLO is the product brand. These Terms apply to the FLO platform, flosystems.app, theflo.app, related subdomains, and associated services unless a signed agreement states otherwise. A person accepting these Terms for a company represents that the person has authority to bind that company. Customer is responsible for all authorized users and for ensuring that users comply with these Terms. Customer may accept these Terms by signing an Order Form, by clicking to accept, or by accessing or using the FLO platform. Electronic acceptance and electronic signatures are binding, and Company's records of acceptance, including the date, account, and method, are evidence of the agreement. 2. Relationship to signed agreements These Terms govern access to and use of the FLO platform. A signed Paid Pilot Program Agreement, Master Services Agreement, Order Form, Data Processing Addendum, or other written agreement may contain customer-specific commercial terms. If documents conflict, the order of precedence is: (1) the signed Order Form, (2) the signed Paid Pilot Program Agreement or Master Services Agreement, (3) a signed Data Processing Addendum for privacy and security matters, (4) these Terms, and (5) incorporated policies and notices. 3. Paid pilot and minimum commitment FLO is currently offered to approved organizations as a paid pilot service. Pilot pricing, participating-store count, setup fees, billing dates, minimum commitment, locked-price continuation terms, implementation prerequisites, and production go-live conditions are stated in the signed agreement and Order Form. Stopping use, removing users, failing to log in, or electing not to deploy the platform does not by itself cancel a minimum commitment, an unpaid invoice, a remaining committed balance, or another payment obligation in a signed agreement. 4. Active-development status and product changes FLO is under active development. Features may contain bugs, be incomplete, change, break, be renamed, be redesigned, be temporarily disabled, or be removed. Company may add, replace, suspend, restrict, close, or materially modify features, workspaces, workflows, interfaces, modules, integrations, product direction, branding, or roadmap items. Company may temporarily disable features for maintenance, testing, migrations, bug fixes, security fixes, redesign, third-party outages, or development. No specific feature, design, workflow, uptime, completion date, response time, backup, recovery, or roadmap item is guaranteed unless expressly stated in a signed agreement. 5. Accounts, roles, and Admin authority Customer is responsible for accurate account information, credential confidentiality, user invitations, role assignments, and removal of former or unauthorized users. Customer Admins may manage users, roles, stores, permissions, password-reset workflows, account blocks, forced sign-outs, and other organization settings. Company may rely on instructions, approvals, settings, and actions submitted by Customer Admins. Customer is responsible for selecting trustworthy Admins, reviewing permissions, preventing credential sharing, and promptly notifying Company of suspected unauthorized access. 6. Acceptable use Customer may use FLO only for its own facilities management, maintenance, work order, technician workflow, store operations, time/travel recordkeeping, vendor coordination, inventory/asset, spending, and related internal business purposes. Do not access or attempt to access another customer, account, store, or data set. Do not share credentials with unauthorized people or third parties. Do not upload malware or disrupt, overload, probe, scan, bypass, or compromise the service. Do not reverse engineer, decompile, scrape, copy, or extract non-public platform structure, workflows, code, pricing, or product information, except legitimate export of Customer Data. Do not use FLO to build, train, benchmark, or assist a competing product or to obtain competitive intelligence. Do not use FLO for unlawful surveillance, discrimination, retaliation, harassment, wage/hour violations, off-duty tracking, or other unlawful employment practices. Do not upload illegal, infringing, malicious, harmful, deceptive, or unauthorized content. Do not route work for non-participating stores through participating stores to avoid fees. 7. Prohibited sensitive information Unless Company expressly authorizes it in writing, Customer and users must not upload Social Security numbers, payment-card data, full bank credentials, medical records or protected health information, criminal background files, immigration documents, highly sensitive HR files, consumer data unrelated to facilities operations, or information Customer is not authorized to process. 8. Customer Data and license "Customer Data" includes work orders, schedules, store profiles, users, time records, route records, vendor and inventory data, files, photos, receipts, attachments, messages, budget entries, and other operational content submitted by Customer or its users. As between the parties, Customer owns Customer Data. Customer grants Company a limited license to host, process, transmit, display, store, back up, troubleshoot, secure, support, and use Customer Data as reasonably necessary to provide, maintain, improve, and protect FLO. Company may use aggregated or de-identified information for analytics, benchmarking, security, product improvement, and business planning when it does not identify Customer, its stores, users, vendors, or confidential information. 9. Data export, retention, and deletion During the pilot, automated export, deletion, backup, and recovery systems may be incomplete. Customer should maintain independent copies of business-critical information and should not rely on FLO as the sole system of record unless a signed agreement expressly provides otherwise. After termination, Customer may request an export of reasonably available Customer Data within 30 days, subject to technical limitations, payment issues, security review, law, and the signed agreement. After the export period, data may be deleted or retained for legal, billing, dispute, backup, audit, security, fraud-prevention, or compliance purposes for the periods stated in the Privacy Policy or required by law. Removing a store may delete or make store records unavailable. Customer is responsible for reviewing warnings and exporting records before store removal. Audit and security logs may survive deletion of related operational data. 10. Time and location tracking Continuous route and background work-location collection occurs only while a user is actively clocked in and the applicable location feature is enabled. When a user is clocked out, FLO may collect a limited, point-in-time location only after the user deliberately activates a work-related feature that requires location and receives an on-screen prompt. A point-in-time location request while clocked out does not activate continuous or background route tracking. Certain route or work-verification features may require the user to clock in before they can be used. Location may support route proof, work verification, time and travel records, operational accountability, troubleshooting, audit, security, and disputes. FLO is not intended for personal surveillance, off-duty background tracking, discrimination, retaliation, harassment, or unrelated monitoring. Customer is responsible for providing all notices, policies, consents, reimbursement, device-use, labor, wage/hour, union, and workplace-monitoring disclosures required before enabling time or location tracking. Customer represents that it will obtain and maintain every employee notice and consent required by law before it enables these features, and that it acts as the employer and data controller for this information. See the Privacy Policy and Location Tracking Notice. 11. Fees, store count, payment methods, invoices, and refunds Fees are stated in the signed agreement, Order Form, applicable invoice, and any final payment-setup or checkout screen accepted by Customer. During the pilot, Company may collect payment through FLO's Stripe-powered payment experience using supported card or U.S. bank-account methods. Company may also issue invoices and accept payments outside FLO when stated in the signed agreement, Order Form, or invoice, and may record their verified status in FLO. Stripe collects payment credentials through its secure experience. FLO does not receive or store full card numbers, bank-account numbers, routing numbers, CVCs, or online-banking credentials. A Customer representative who completes payment setup or checkout represents that the representative has authority to select the payment method and authorize the disclosed initial and recurring charges. Implementation services are optional. Customer may onboard using self-service tools at no implementation fee, or purchase optional paid implementation services as stated in the Order Form. Whether or not Customer purchases implementation services, production access requires Customer to meet the payment, security, insurance, and contract prerequisites stated in the signed agreement and Order Form. If Customer purchases paid implementation services, the implementation fee is due as stated in the Order Form before those services begin, and the first subscription payment is due before production go-live. Sensitive bank details must be provided only through Stripe's secure experience or another secure process authorized by Company. Added stores become billable as stated in the Order Form. Inactive, temporarily closed, or remodeling stores remain billable while their profiles, history, and records remain available. Store removal does not automatically eliminate a minimum commitment or remaining committed fees. Invoices and in-app charges are due as stated in the signed agreement, Order Form, applicable invoice, or accepted checkout. Subscription fees are billed in advance at the monthly or annual interval accepted by Customer. A record in FLO of an externally issued invoice or externally received payment does not change the external invoice terms and is treated as payment evidence only after Company verifies receipt. Customer must submit a good-faith written dispute within seven days after receipt, identify the invoice or transaction and disputed amount, and pay all undisputed amounts on time. Subscription fees and any implementation fee are non-refundable except for approved corrections or as required by law or a signed agreement. No mid-period proration applies following non-use, suspension, breach, or cancellation. Cancellation of renewal takes effect at the end of the already-paid period and does not create a refund for unused time. The versioned FLO Payment, Renewal, Cancellation, and Refund Policy shown during payment setup or checkout supplies the additional payment-authorization terms and is incorporated into these Terms. 12. Audit logs and security monitoring Company may maintain audit, access, security, support, billing, and change records. These records may be used for security, troubleshooting, compliance, billing, disputes, abuse prevention, and enforcement, and may be retained after related Customer Data is deleted. 13. Security and incidents Company uses commercially reasonable administrative, technical, and organizational safeguards appropriate to the pilot stage and the information processed. No system is completely secure, error-free, continuously available, or guaranteed to preserve all data. Customer is responsible for its users, Admins, devices, credentials, permissions, internal controls, and prompt notice of suspected compromise. Company will notify Customer without undue delay, and in no event later than seventy-two (72) hours, after confirming a security incident that affects Customer Data, using the contact on file, or within any shorter period required by law. The signed agreement and Data Processing Addendum may state additional notification terms. 14. Intellectual property FLO, its software, source and object code, product design, workflows, business logic, databases, documentation, branding, pricing, roadmap, improvements, and related intellectual property are owned by Company or its licensors. Customer receives only a limited, non-exclusive, non-transferable right to access and use the service during the paid term. 15. Feedback Customer grants Company a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate feedback, suggestions, ideas, bug reports, requests, and workflow recommendations without attribution or compensation. 16. Safety and operational responsibility FLO is an operational software tool. It is not an emergency dispatch system, life-safety system, alarm, inspection, licensed-contractor substitute, code-compliance service, OSHA or ADA guarantee, health-department service, legal advice, accounting advice, or professional engineering service. Customer remains responsible for its facilities, inspections, repairs, vendors, employees, work quality, emergencies, approvals, maintenance, payroll, wage/hour practices, safety, code compliance, health requirements, franchise requirements, landlord obligations, insurance, and business decisions. 17. Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLO IS PROVIDED DURING THE PILOT "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, BACKUP, RECOVERY, DATA PRESERVATION, OR ERROR-FREE OPERATION. 18. Limitation of liability To the maximum extent permitted by law, Company liability arising from the service or these Terms will not exceed the fees Customer paid Company during the 12 months before the event giving rise to the claim, unless a signed agreement states a different cap. To the maximum extent permitted by law, Company will not be liable for indirect, incidental, consequential, special, exemplary, punitive, lost-profit, lost-revenue, lost-data, loss-of-goodwill, business-interruption, store-downtime, vendor, repair-delay, or similar damages, even if advised that such damages were possible. The cap and the exclusions in this section do not apply to Customer's payment obligations, either party's indemnification obligations, Customer's breach of the license or acceptable-use restrictions, Customer's infringement or misappropriation of Company intellectual property, or any liability that cannot be limited or excluded under applicable law. This section applies to the maximum extent permitted by law and survives termination. 19. Indemnification Customer will indemnify, defend, and hold harmless Company and its personnel from third-party claims, damages, losses, liabilities, and reasonable costs arising from Customer or user misuse, unlawful tracking, failure to provide employee notices, wage/hour violations, safety failures, uploaded content, violation of law, breach of these Terms, or use outside the permitted scope. Company will give Customer prompt written notice of a claim covered by this section. Customer will control the defense and settlement of the claim, except that Customer will not agree to any settlement that imposes a payment, an admission, or an ongoing obligation on Company without Company's prior written consent. Company may take part in the defense with its own counsel at its own expense. 20. Suspension and termination Company may suspend or terminate access for nonpayment, breach, security risk, legal risk, misuse, unauthorized access, prohibited content, confidentiality violation, circumvention, or conduct reasonably likely to harm Company, the service, another customer, or a person. Customer may stop using FLO, but doing so does not cancel unpaid invoices, minimum commitments, remaining committed balances, confidentiality, indemnity, intellectual property, dispute, or other surviving obligations. Suspension, deactivation, or account closure does not waive Company rights or remedies. 21. Confidentiality Each party may receive non-public business, technical, product, operational, employee, vendor, pricing, roadmap, or security information from the other. Each party will protect confidential information, use it only for the relationship, and disclose it only to personnel and service providers with a need to know and appropriate duties of confidentiality. Confidential information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party without a duty of confidentiality, is independently developed without use of the other party's information, or is rightfully received from a third party. A party may disclose confidential information when required by law or legal process, after giving reasonable prior notice when the law allows, so the other party can seek protection. After the relationship ends, each party will return or destroy the other party's confidential information on request, except for copies kept in routine backups or as required by law. Misuse of confidential information may cause irreparable harm that money cannot repair, so the affected party may seek injunctive relief in addition to any other remedy. This section survives termination. 22. Disputes and governing law The parties will first try to resolve any dispute through good-faith discussions between senior representatives, starting with written notice that describes the dispute. If the dispute is not resolved within 30 days, either party may submit it to binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, before one arbitrator, seated in Orange County, California. Each party waives any right to bring or take part in a class, collective, or representative action. Either party may still bring an individual claim in small claims court, and either party may ask a court for injunctive or other equitable relief to protect its confidential information or intellectual property. The arbitrator decides all issues, except that a court decides whether the class-action waiver is enforceable. A party must bring any claim within one year after it arises, to the extent the law allows a shortened period. These Terms are governed by California law, without regard to its conflict-of-laws rules. For any matter not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California. 23. General provisions These Terms, together with any signed agreement, Order Form, and the policies referenced in them, form the entire agreement between the parties on this subject and replace prior discussions. If a court finds any provision unenforceable, the rest stays in effect, and the unenforceable provision is limited or reformed only as far as needed to make it enforceable. A party's failure to enforce a provision is not a waiver of that provision. Company may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, reorganization, financing, or sale of assets. Customer may not assign these Terms without Company's prior written consent, and any attempt to do so is void. The parties are independent contractors. These Terms create no third-party beneficiaries. Neither party is responsible for delay or failure caused by events beyond its reasonable control. The signed agreement and Order Form address taxes, invoicing details, and other commercial terms. The provisions that by their nature should continue, including accrued fees, license and use restrictions, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, survive termination of these Terms. 24. Changes to these Terms Company may update these Terms. Material changes will be communicated to Customer Admins through email, in-app notice, or another reasonable method. Changes will not retroactively alter negotiated commercial terms in a signed long-term agreement unless permitted by that agreement and applicable law. 25. Contact Privacy: privacy@flosystems.app Legal: legal@flosystems.app Support: support@flosystems.app