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 build and manage websites for contractors and other local service businesses, and offer optional services that can be added to a website plan. The website is the core product; every other service is optional and separately priced, as set out in Section 4. We may add, modify, or discontinue features from time to time, and will not materially reduce the core functionality of your Subscription without notice.
FLNT sells one website plan. Every other service is optional and priced separately.
Optional services are not included in the $197 website plan. Each is billed in addition to it, at the rates below. You may add or remove them at any time, and none is required in order to purchase or keep the website.
| Optional Service | Price |
|---|---|
| Missed-Call Text-Back | $97/month |
| Personalized Review Requests | $97/month |
| Leads & Messages | $147/month |
| Customer Campaigns | From $147/month |
| Local SEO | From $597/month |
| Paid Advertising | From $697/month, plus advertising spend |
| Job-Site Content | From $750 per shoot |
Prices shown as "from" are starting prices. Final pricing depends on scope and is confirmed in writing before the service begins. Advertising spend is paid by you directly to the advertising platform and is not included in the management fee. Messaging and telephony usage is billed separately as described in Section 6.
All plans are month to month. FLNT does not currently offer an annual or prepaid term.
Pricing is subject to change. We will give you at least 30 days' notice of any price increase affecting your Subscription, 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 monthly Subscription fees, optional service fees, and usage charges. Because billing is month to month, cancelling stops future charges rather than refunding the current month. 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 any purchased optional Services are set up. Typical build time is within 72 hours of receiving your completed onboarding information and all required content. Larger or more customized websites, and websites awaiting content from you, may take longer; we will tell you before we begin. Onboarding support may be provided but is not a prerequisite for fulfillment.
Suspension does not relieve you of the obligation to pay outstanding fees.
There is no contract and no minimum term. You may cancel your Subscription at any time by contacting us. Cancellation takes effect at the end of the month you have already paid for — you keep full access through that date, and you will not be charged again after it. Cancelling does not entitle you to a refund or proration of the current month. Optional Services may be cancelled individually without cancelling the website.
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.
Everything you supply is and remains yours. Your text, photographs, video, logo, brand marks, business information, customer lists, leads, and reviews are your property, and cancelling does not change that. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, and process Client Content as necessary to provide the Services. You may export or request a copy of your Client Content at any time, and we will retain it for 30 days after termination so you can do so. (Photographs and video that FLNT captures for you are covered separately in Section 12.5.)
The website FLNT designs and builds for you — the design, layout, templates, code, and configuration — is FLNT's property and is licensed to you under Section 12.1 for as long as your Subscription is active. It is hosted on our infrastructure. If your Subscription ends, your right to use the website ends with it, and FLNT is not obligated to transfer the site, its code, or its templates to you.
Buyout option. If you want to keep the website after cancelling, you may ask us to sell it to you. We will quote a one-time buyout price in writing. On payment of that price, we will transfer the site files to you and you may host them wherever you choose. A buyout is optional for both parties and is not automatic on cancellation.
If you registered your domain yourself, or already owned it before working with FLNT, it stays yours. You keep it after cancellation and we will help point it away from our hosting at no charge.
If FLNT registered or purchased a domain on your behalf, that registration is held by FLNT. You may purchase it from us at any time — we will quote a price in writing, and on payment we will transfer the registration to an account you control.
This section applies to photographs and video FLNT captures for you, whether at your job site, your shop, or elsewhere.
Who owns it. Under United States copyright law, the person who takes a photograph or shoots a video owns the copyright in it from the moment it is created. FLNT is the creator of this material and holds the copyright.
What you get. The photographs and video are yours to use anywhere, for as long as you like. On payment for the shoot, FLNT grants you a perpetual, worldwide, royalty-free, non-exclusive licence to use the finished material for your own business — your website, social media, print materials, vehicle wraps, advertising, and anything else promoting your business. This licence does not end when your Subscription ends. You paid for the shoot; you keep the right to use what came out of it.
What you may not do. You may not resell, sublicense, or distribute the raw or finished files as stock imagery, or licence them to another business.
What FLNT keeps. FLNT may use the material in its own portfolio, case studies, website, and marketing. If you would rather we did not, tell us in writing and we will not.
Full ownership. If you want the copyright itself rather than a licence, we will quote a one-time price in writing and assign it to you on payment, the same way a website or domain buyout works under Sections 12.3 and 12.4.
Permissions you are responsible for. Before a shoot, you are responsible for obtaining permission from the property owner to photograph and publish images of the site, and consent from any identifiable person appearing in the material, including your crew and any customers present. You confirm you have those permissions when you schedule the shoot, and you indemnify FLNT for claims arising from their absence under Section 19.
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.
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. Where FLNT provides a separate Data Processing Addendum, it is incorporated into and forms part of these Terms and 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, as described in Section 12.3; 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.
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).