These Terms of Service ("Terms") are a binding legal agreement between FLNT Systems LLC, an Arizona limited liability company ("FLNT," "we," "us," or "our"), and you, the individual or entity using our Services ("you," "Client," or "your"). By purchasing, accessing, or using any of our Services — or by checking the agreement box at checkout — you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
IMPORTANT: These Terms include a binding arbitration agreement and a class action waiver in Section 21. Please read them carefully.
You must be at least 18 years old, legally able to enter into a binding contract, and acting on behalf of a lawful business to use the Services. You agree to provide accurate information when registering and to keep your Account information current. You are responsible for all activity under your Account, including activity by your employees, contractors, and any other authorized users.
We provide marketing technology, websites, automation, and related services to local and home service businesses. The exact features available to you depend on your Subscription plan. We may add, modify, or discontinue features from time to time. We will not materially reduce the core functionality of your Subscription without notice.
We currently offer the following base plan:
Additional systems are available as optional add-ons to your Subscription. They are not included in the base plan, are never added without your agreement, and are priced individually based on your business's needs and confirmed with you before you are billed for them. Current starting prices are:
Subscription fees do not include usage-based charges for texting, calling, or phone numbers — see Section 6.
Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle.
In addition to your Subscription fee, you will be billed for actual usage-based charges for phone numbers, text messaging, and voice calling generated by your Account, at FLNT's then-current pass-through rates. The figures below reflect FLNT's current pass-through provider rates as of this Agreement and are subject to change with notice as described below.
| Service | Rate |
|---|---|
| Local phone number | $1.15/month |
| Toll-free phone number | $2.15/month |
| SMS (US/Canada) | $0.0079/segment (inbound and outbound) |
| MMS (US/Canada) outbound | $0.02/message |
| MMS (US/Canada) inbound | $0.01–$0.02/message |
| Voice calls outbound | $0.0180/minute |
| Voice calls inbound | $0.0085–$0.0220/minute |
Rates are subject to change with 30 days' notice. Usage charges are calculated monthly and billed to your payment method on file in addition to your Subscription fee. You are responsible for monitoring your own usage; unusually high usage (for example, a client sending large SMS campaigns) will increase your bill accordingly.
All payments to FLNT are final and non-refundable, including Subscription fees, usage charges, and annual prepayments. By signing up, you acknowledge that our products and Services are custom-built, initiated promptly upon payment, and non-reversible once delivery begins.
You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Terms. We reserve the right to:
Services are considered delivered and rendered once your website has been completed and made available, and Platform and automation setup is finalized. Standard build time is 5–8 business days following receipt of your completed onboarding form. Onboarding support may be provided but is not a prerequisite for fulfillment.
Suspension does not relieve you of the obligation to pay outstanding fees.
You may cancel your Subscription at any time through the Platform or by contacting us. Cancellation becomes effective at the end of your current billing period (monthly or annual), and you will not be charged again after that date. You keep full access through the end of the period you already paid for. Early cancellation does not entitle you to a refund of any prepaid amount, including any unused portion of an annual term.
The Platform, our software, website templates, automations, marketing materials, brand, and all underlying technology are owned by FLNT or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Services solely for your internal business purposes during your Subscription.
You retain ownership of your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Client Content as necessary to provide the Services.
Websites we build for you are licensed to you under Section 12.1 and hosted on our infrastructure. Upon termination of your Subscription, your right to access and use the website ends immediately, and FLNT is not obligated to transfer the website's source code, theme, or templates to you. You retain ownership of any custom Client Content (text, images, logos) you provided. If you registered a domain through us, ownership of the domain registration transfers to you upon request and payment of any applicable transfer fee.
If you provide us with suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, royalty-free license to use it without obligation to you.
You agree NOT to use the Services to:
We may suspend or terminate Accounts engaged in any prohibited activity.
This section is the most important protection in this document for a business built on SMS and calling. Do not weaken it without attorney input.
When you use the Platform to send SMS, MMS, voice messages, or emails to your customers and prospects, you — not FLNT — are the sender. You are solely responsible for:
If you upload personal information about consumers to the Platform, you act as the "controller" or "business" under applicable privacy law and FLNT acts as the "processor" or "service provider." By uploading personal information to the Platform, you represent that you have provided all required notices to data subjects, obtained all required consents, and have the legal right to upload and process the data through the Platform. FLNT's separate Data Processing Addendum, incorporated into and forming part of these Terms, sets out additional detail on our processing roles, sub-processors, and related obligations.
You agree to indemnify and hold FLNT harmless from any claims, fines, penalties, or damages arising from your communications or your processing of consumer data, as further described in Section 19.
FLNT does not currently record sales, onboarding, or support calls. If this changes in the future, we will update these Terms and our Privacy Policy and provide verbal notice at the start of any recorded call before continuing.
These Terms begin when you accept them and continue until your Subscription is terminated.
You may cancel at any time as described in Section 11.
We may suspend or terminate your Account and these Terms, with or without notice, if: you breach these Terms; you fail to pay amounts when due; we are required to do so by law; or you engage in conduct that creates legal, regulatory, or reputational risk for us.
Upon termination, your right to access and use the Services ends immediately. We will retain Client Content for 30 days following termination so you can export it; after 30 days, we may delete or archive it. You are responsible for exporting your data before termination. Provisions intended to survive termination (intellectual property, indemnification, limitation of liability, dispute resolution, governing law) will continue.
By opting in to our SMS services, you agree to receive text messages related to notifications, account matters, and service-related communications from FLNT. Message frequency may vary. Standard message and data rates apply according to your mobile carrier's terms. To opt out, reply STOP to any message you receive. For assistance, text HELP. FLNT does not send unsolicited marketing text messages to prospective customers who have not first engaged with FLNT (such as by submitting a website form) and provided consent as described in Section 17.2.
You must explicitly consent to receive messages from FLNT, and consent for transactional messages is collected separately from consent for marketing messages. Transactional/informational messages (such as appointment reminders and confirmations) require your prior express consent, which may be given through our website forms, paper forms, or verbally through customer service interactions. Marketing and promotional messages require your prior express written consent, given only through a dedicated, unchecked-by-default marketing checkbox on our website forms — never verbally, never bundled with transactional consent, and never required as a condition of booking an appointment or using the Services. You may consent to one, both, or neither category independently. Transactional/informational consent is established independently by the act of providing your phone number for a specific purpose, such as booking an appointment — the transactional checkbox, where displayed, serves as a disclosure of expected messaging and is not itself a required condition of that consent.
FLNT does not guarantee that messages will be delivered without delay or failure. Such issues can occur due to factors outside our control, such as network problems or device compatibility.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FLNT DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING NUMBER OF LEADS, SALES, REVENUE, OR SEARCH RANKINGS.
You agree to defend, indemnify, and hold harmless FLNT and its officers, employees, contractors, and agents from any third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your Client Content, your communications sent through the Services (including TCPA and CAN-SPAM claims), your processing of personal information, or your violation of these Terms or any law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: FLNT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before initiating any formal dispute, you and FLNT agree to first attempt to resolve the dispute informally by emailing [email protected] with a written description of the dispute. If we cannot resolve it within 30 days, either party may proceed under this Section.
You and FLNT agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Arizona (or remotely, by agreement). Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND FLNT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any representative or class proceeding.
Either party may bring an individual action in small claims court, or a court action seeking injunctive or equitable relief for infringement or misappropriation of intellectual property.
You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out," including your name, business name, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Terms.
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law principles. Subject to Section 21, any action not subject to arbitration must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties consent to personal jurisdiction and venue there.
Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages, or labor disputes.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets without your consent.
We may provide notices to you by email to the address on your Account, by posting in the Platform, or on our website. You may provide notices to us at [email protected].
We may modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our site at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.
By purchasing any Services from FLNT or checking the agreement box at checkout, you confirm that you have read, understood, and agree to these Terms; that you accept our No Refund policy; that you waive the right to initiate chargebacks for Services rendered; and that you agree to the binding arbitration agreement and class action waiver in Section 21 (subject to your right to opt out within 30 days).
FLNT Systems LLC
Arizona, United States
Email: [email protected] (for general inquiries; see Section 25 for legal notices)
Phone: 623-292-7464
Web: flntsystems.com