These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Optimoflow360 (“Optimoflow360,” “we,” “us,” or “our”) governing your access to and use of:
Any related websites, dashboards, subdomains, or services
All software, tools, content, and features provided by Optimoflow360
By accessing or using our website or platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the platform.
Optimoflow360 is operated in the United States.
Jurisdiction and governing law: State of Indiana, USA.
Support contact:
[email protected]
You must be at least 16 years of age to use the platform.
By using Optimoflow360, you represent and warrant that:
You have the legal capacity to enter into this agreement
You will comply with all applicable laws and regulations
Optimoflow360 is a business operations and automation platform that may include features such as:
CRM and contact management
Marketing automation
Email and SMS communication tools
Funnel and website builders
Scheduling and booking tools
Analytics and reporting
Integrations with third-party services
Optimoflow360 is not a healthcare system, legal service, financial advisory service, or Electronic Health Record (EHR).
To access certain features, you must create an account.
You agree to:
Provide accurate and current information
Maintain the security of your login credentials
Notify us immediately of unauthorized access
You are solely responsible for all activity that occurs under your account.
Subscriptions
Certain features require a paid subscription. Subscription details, pricing, and billing frequency are displayed at the time of purchase.
Billing
Payments are processed via third-party processors (e.g., Stripe, PayPal)
We do not store full payment card information
You authorize us to charge your selected payment method
Renewals
Subscriptions automatically renew unless canceled prior to the renewal date.
Failed Payments
We reserve the right to suspend or terminate access for failed or overdue payments.
Refunds
Refunds are governed by our Refund Policy, incorporated by reference.
You agree not to use Optimoflow360 to:
Violate any law or regulation
Send spam, unsolicited messages, or fraudulent communications
Harass, abuse, or harm others
Transmit malware or malicious code
Collect data without consent
Misrepresent identity or affiliation
Infringe intellectual property rights
Engage in deceptive, illegal, or unethical practices
We reserve the right to suspend or terminate accounts that violate this policy.
You are solely responsible for complying with all applicable communication laws, including but not limited to:
CAN-SPAM Act
TCPA (Telephone Consumer Protection Act)
A2P messaging requirements
International messaging regulations
You represent that:
You have proper consent to contact recipients
You honor opt-out requests
Your communications are lawful
Optimoflow360 is not responsible for violations caused by user activity.
8. USER CONTENT
You retain ownership of content you upload or create on the platform (“User Content”).
By using Optimoflow360, you grant us a limited, non-exclusive, royalty-free license to host, process, transmit, and display User Content solely for the purpose of operating and improving the platform.
We do not claim ownership of your business data.
All platform software, designs, text, graphics, logos, and trademarks are owned by or licensed to Optimoflow360 and protected by U.S. and international intellectual property laws.
You may not:
Copy, modify, distribute, or reverse-engineer the platform
Use our branding without permission
Optimoflow360 integrates with third-party services (e.g., Stripe, PayPal, Twilio, Google).
We are not responsible for:
Third-party service availability
Data handling by third parties
Errors, outages, or policy changes of third-party providers
Your use of third-party services is subject to their respective terms.
Optimoflow360 is not a HIPAA-compliant EHR and does not provide medical, mental health, legal, or financial services.
Users are responsible for:
Regulatory compliance
Proper handling of sensitive data
Ensuring the platform meets their professional obligations
Do not store Protected Health Information (PHI) unless governed by a separate written agreement.
12. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
UNINTERRUPTED OR ERROR-FREE SERVICE
We do not guarantee results, uptime, or accuracy of content.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Optimoflow360 shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
Our total liability shall not exceed the amount paid by you to Optimoflow360 in the preceding 12 months.
14. INDEMNIFICATION
You agree to indemnify and hold harmless Optimoflow360 from any claims, damages, liabilities, or expenses arising from:
Your use of the platform
Your violation of these Terms
Your communications or User Content
Your regulatory non-compliance
15. TERMINATION
We may suspend or terminate your account at our discretion, with or without notice, for violations of these Terms or applicable law.
Upon termination:
Access to the platform may cease
Certain data may be deleted subject to legal obligations
We reserve the right to modify, suspend, or discontinue any part of the platform at any time.
17. GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of the State of Indiana, United States.
Any disputes shall be resolved exclusively in Indiana courts.
18. SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in full force and effect.
19. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Optimoflow360.