Terms and Conditions

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Last updated: September 9^th, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

·        Application means the software program provided by the Company downloaded by You on any electronic device, named Lightning Flows App

·        Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

·        Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

·        Account means a unique account created for You to access our Service or parts of our Service.

·        Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lightning Flows, LLC, 7720 NE Hwy 99, Ste D PMB 1027, Vancouver, WA 98665.

·        Content refers to content such as text, images, audio, video, code, prompts, transcripts, or other information that can be posted, uploaded, linked to, ingested by, or otherwise made available by You, regardless of the form of that content.

·        Country refers to: Washington, United States

·        Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

·        Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

·        In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

·        Service refers to the Application, the Website, Custom Development projects, SaaS offerings, and AI Agent Services, either individually or in combination.

·        Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

·        Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

·        Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

·        Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

·        Website refers to Lightning Flows, accessible from https://LightningFlows.com

·        You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of the Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services, which include Custom Development, SaaS, and AI Agent Services.

Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use any part of the Services.

By accessing or using the Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services.

Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Relationship, Roles, and Data Processing

• Controller vs. Processor. For Website/App accounts, We act as Controller. For Customer Data processed in Custom Development, SaaS, and AI Agent     Services, We act as Processor/Service Provider and You act as Controller/Business.
• Instructions. You instruct Us to process Customer Data to provide the Services, including deploying automations, sending communications, generating AI outputs, and storing logs.
• Subprocessors. We use vetted subprocessors (e.g., cloud hosting, AI model providers, comms APIs, analytics). We require them to maintain confidentiality and security.
• Security. We implement appropriate safeguards, including encryption in transit and at rest, access controls, and incident response.

AI Agent Services — Specific Terms

• Scope. With Your authorization, AI Agents may access Customer Data and third-party systems (e.g., CRM, calendars, email, chat, phone) to draft, summarize, classify, schedule, or send communications.
• Model Providers. We may route prompts/content to third-party AI providers. Where possible, We configure providers not to use Customer Data to train their models. If retention/improvement use applies, We will disclose and obtain authorization where required.
• Outputs. AI outputs are probabilistic and may be inaccurate. They are not legal, medical, or financial advice. You must review and validate outputs before relying on them.
• Recordings. If enabled, calls, chats, or meetings may be recorded/transcribed. You are responsible for providing legally required notices and consents to participants.
• Prohibited Data. Do not input or connect regulated data (PHI, PCI, export-controlled data, classified data, etc.) unless covered by a written agreement.
• Customer Messaging. AI Agents may send SMS, email, or other communications directly to Your leads or customers. You are solely responsible for ensuring You have obtained valid opt-ins/permissions under applicable laws (e.g., TCPA, CAN-SPAM, GDPR e-Privacy).

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion ofthe Company.

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase.In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safe guarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party.You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

In addition, You are responsible for:

• Maintaining secure accounts and credentials.
• Providing lawful, accurate, and authorized integrations and data.
• Ensuring You have obtained proper consents and permissions for all communications and recordings conducted through the Services, including SMS and email messages sent by AI Agents to Your leads and customers.
• Complying with all applicable laws and regulations, including data protection, telemarketing, and consumer rights laws.
• Reviewing and validating outputs generated by AI Agents before relying on them for critical decisions or representations.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about protected characteristics.
• Spam, unauthorized advertising, chain letters, lottery or gambling.
• Viruses, worms, malware, trojan horses, or malicious code.
• Content infringing on proprietary rights of others.
• Impersonating any person or entity, including the Company.
• Violating the privacy rights of others.
• False or misleading information.

In addition, You must not:

• Reverse engineer, decompile, or attempt to derive source code from the Services.
• Circumvent security mechanisms, rate limits, or access restrictions.
• Use the Services to distribute harmful misinformation, malicious outputs, or content intended to deceive.
• Resell, sublicense, or white-label the Services without Our written consent.
• Benchmark, test, or disclose performance data of the Services without authorization.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company furtherreserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss ordamage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service,You must submit Your notice in writing to the attention of our copyright agent via email at Jeremy@LightningFlows.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·        An electronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright’s interest.

·        A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

·        Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

·        Your address, telephone number, and email address.

·        A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

·        A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act onthe copyright owner’s behalf.

You can contact our copyright agent via email at Jeremy@LightningFlows.com.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Custom Development: Deliverables and IP

• Work Product. Our pre-existing frameworks, libraries, prompts, and tools remain Our IP. You receive a license to use them as embedded in deliverables.
• Deliverables. Bespoke deliverables identified in a Statement of Work as “Customer-Owned” are assigned to You upon full payment.
• Know-How. We retain the right to reuse general knowledge, ideas, and non-confidential learnings.

Service Changes; Beta Features

We may add, modify, or discontinue features or Services atany time. Beta or preview features are provided “as is” with no guarantees and may be withdrawn without notice or liability.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Indemnification
You agree to indemnify and hold harmless the Company, its Affiliates, and personnel against any claims, damages, or costs (including attorney’s fees) arising out of:

• Your Content or Customer Data,
• Your misuse of AI outputs,
• Your failure to secure proper opt-in consent for SMS/email/communications sent through AI Agents, or
• Your breach of these Terms or applicable law.

Limitation of Liability

Not withstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited tothe amount actually paid by You through the Service during the twelve (12) months preceding the claim, or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, or any damages arising out of or related to:

• The use of or inability to use the Service,
• Outputs generated by AI Agents or automated decision-making systems,
• Third-party services, software, and/or hardware used with the Service, or
• Any reliance placed on AI-generated content without independent review,

even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Services (including the Application, Website, Custom Development, SaaS, and AI Agent Services) are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services (including AI Agent outputs or beta features) will:

• Meet Your requirements,
• Achieve any intended results,
• Be compatible or work with any other software, applications, systems or services,
• Operate without interruption or errors, or
• Produce outputs that are accurate, reliable, or appropriate for professional reliance.

Without limiting the foregoing, neither the Company nor any of its providers makes any representation or warranty: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services, including AI outputs; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of lawrules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are residentin.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Serviceis a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of anysubsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail inthe case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new term staking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use any part of the Services (including the Application, Website, Custom Development, SaaS, or AI Agent Services) after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Services.

Contact Us

If you have any questions about these Terms andConditions, You can contact us:

By email: Jeremy@LightningFlows.com