Terms of Service
Effective Date: May 1, 2025 | Last Updated: May 1, 2025
This Terms of Service agreement (this “Agreement”) is between you (the “Customer”, “you”, or “your”) and MoFlo, Inc. (“MoFlo”). This Agreement governs your use of the MoFlo Cloud Platform and all related solutions provided by MoFlo, including MoSocial, MoMail, MoLetters, MoBlogs, MoLeads, MoClicks, and any future products or features. MoFlo and Customer are each referred to herein as a “Party” and collectively the “Parties”.
BY ACCEPTING THIS AGREEMENT BY CREATING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICE.
THESE TERMS MAY BE MODIFIED OR AMENDED BY MOFLO IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. Changes will be effective immediately, provided MoFlo will make good faith efforts to provide a minimum of thirty (30) days’ notice prior to any material change. Continued use of the Service thereafter shall be deemed consent to and acceptance of this Agreement as revised. If you do not agree to any change(s), your sole remedy is to terminate this Agreement and cease using and accessing the Service.
1. Definitions
The following terms shall have the meaning set forth below:
“Aggregated Statistics” means data and information related to or arising from Customer’s use of the Service that is used by MoFlo in an aggregate and anonymized manner such that it cannot reasonably be used to identify Customer or any individual, including to compile statistical and performance information related to the provision and operation of the Service.
“Authorized User” means Customer and its employees, consultants, contractors, and agents who are authorized by Customer to access and use the Service under the rights granted to Customer pursuant to this Agreement.
“Customer Content” means, other than Aggregated Statistics, Personal Data, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Service.
“MoFlo IP” means the Services and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. MoFlo IP does not include Customer Content.
“Personal Data” means any data relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Customer’s business contact information is not by itself Personal Data.
“Service” or “Services” means the software-as-a-service platform MoFlo, available at moflo.ai, including any combination of MoSocial, MoMail, MoLetters, MoBlogs, MoLeads, MoClicks, any future products or features, and any other MoFlo website, software, service, mobile application, or offering offered by MoFlo that incorporates these terms.
“Term” means duration of this Agreement, beginning on the Customer’s subscription date to the Service and continuing until the termination or expiration of this Agreement in accordance with the provisions set forth herein.
2. Services Description, Use, and Access
MoFlo provides AI-powered automation tools for small and medium-sized businesses, including MoSocial, MoMail, MoLetters, MoBlogs, MoLeads, MoClicks, and future solutions. Subject to and conditioned on Customer’s payment of Subscription Fees (as defined below) and compliance with all other terms and conditions of this Agreement, MoFlo hereby grants Customer a non-exclusive, non-transferable right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein.
Access to specific features, functionality, or service levels may require payment of additional fees or execution of separate order forms. MoFlo reserves the right to modify, update, or discontinue any features, functionality, or service tier upon thirty (30) days’ prior written notice to Customer, except for beta or experimental features which may be modified or discontinued at any time. Customer acknowledges that certain features may be offered on a trial or experimental basis, and such features are provided “AS IS” without warranty.
3. Account Registration
Customer shall provide accurate, complete, and current information during registration. MoFlo reserves the right to suspend or terminate any account that contains false, misleading, or incomplete information.
4. Payment Terms
Each Service’s features, storage limits, minimum user requirements, and pricing are set forth at moflo.ai and in the Customer’s account (“Subscription Fees”). Subscriptions are billed in advance on a monthly basis and will automatically renew for successive terms unless canceled before the following renewal. Applicable refunds shall be issued in MoFlo’s sole discretion.
5. User Responsibilities
Customer is responsible and liable for all uses of the Services resulting from access provided by MoFlo, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer.
Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.
6. Prohibited Uses
Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to:
(i) copy, modify, or create derivative works of the Services, in whole or in part;
(ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services;
(iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
(iv) remove any proprietary notices from the Services; or
(v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
7. Intellectual Property Rights; Marks
Customer acknowledges that, as between MoFlo and Customer, MoFlo owns all right, title, and interest, including all intellectual property rights, in and to the MoFlo IP, including but not limited to MoFlo’s technology, underlying software, models, documentation, systems, and related intellectual property.
MoFlo acknowledges that, as between Customer and MoFlo, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Content and AI-generated content. Customer hereby grants MoFlo a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to reproduce, distribute, and otherwise use and display the Customer Content and perform all acts with respect to the Customer Content as may be necessary for MoFlo to provide the Services to Customer, including the right to create derivative works and improvements to the Services.
If Customer or any Authorized User provides MoFlo with any feedback, suggestions, or recommendations regarding the Services (“Feedback”), MoFlo shall be free to use such Feedback without restriction or compensation to Customer.
Customer shall not use MoFlo’s name, logo, or trademarks without MoFlo’s prior written consent.
8. Data Privacy; Highly Sensitive Information
MoFlo processes data under user instruction, in accordance with our Privacy Policy at moflo.ai/privacy and applicable data laws. Unless the Parties have entered into a separate Processing Agreement or Data Processing Addendum, Customer shall not upload, store, or transmit any trade secrets, sensitive personal data, or any other data type that would subject MoFlo to a burdensome regulatory framework, including but not limited to:
(a) protected health information subject to HIPAA or similar healthcare privacy laws,
(b) biometric data,
(c) genetic data,
(d) government-issued identification numbers,
(e) financial account information,
(f) precise geolocation data, or
(g) any other special categories of personal data as defined under applicable data protection laws.
9. AI-Generated Content
Customer acknowledges that the Service may utilize artificial intelligence and machine learning technologies, and Customer Content may be processed by such technologies in accordance with this Agreement. MoFlo will not use Personal Data for AI model training without Customer’s prior written consent.
Customer owns its inputs and, as between Customer and MoFlo, Customer owns the AI outputs delivered to Customer, subject to MoFlo’s ownership of the underlying MoFlo IP. Customer is solely responsible for reviewing, validating, and using outputs at Customer’s own risk. MoFlo does not guarantee any result, outcome, or uniqueness of AI outputs and disclaims all liability arising from Customer’s reliance on such outputs. Customer acknowledges that AI outputs may not be unique, and similar outputs may be generated for other users.
10. Third-Party Services
MoFlo may from time to time make third-party products available to Customer. For purposes of this Agreement, such third-party products are subject to their own terms and conditions. If Customer does not agree to abide by the applicable terms for any such third-party products, then Customer should not install or use such third-party products. MoFlo is not responsible for external websites or integrations linked through our platform.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND MOFLO HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MOFLO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MOFLO MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
12. Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOFLO WILL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION) ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AMOUNT OF DIRECT DAMAGES RECOVERABLE FROM MOFLO UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR (B) $100.
14. Indemnification
Customer shall defend, indemnify, and hold harmless MoFlo and its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, suit, action, or proceeding (collectively, “Third-Party Claim”) that the Customer Content, or any use of the Customer Content in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights, privacy right, or any other rights throughout the world and any Third-Party Claims based on, arising from, or related to Customer’s or any Authorized User’s:
(i) negligence or willful misconduct;
(ii) use of the Service in a manner not authorized by this Agreement;
(iii) use of the Service in combination with data, software, hardware, equipment or technology not provided by MoFlo or authorized by MoFlo in writing; or
(iv) modifications to the Service not made by MoFlo,
provided that Customer may not settle any Third-Party Claim against MoFlo unless MoFlo consents to such settlement, and further provided that MoFlo will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
15. Term; Termination
The term of this Agreement commences on the Customer’s subscription date to the Service (the “Initial Term”) and will automatically renew for successive periods equal in length to the Initial Term unless either Party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Either Party may terminate this Agreement for convenience upon thirty (30) days’ prior written notice. Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof.
Customer shall be responsible for all Subscription Fees accrued up until the effective date of termination, including, without limitation, any fees or expenses incurred by MoFlo for the Services. If the Customer terminates the Agreement before the end of the subscription term for any reason other than MoFlo’s material breach, the Customer forfeits any remaining prepaid fees for the unused portion of the subscription term.
Sections 7, 8, 11, 12, 13, 14, and 16 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.
16. Governing Law & Arbitration
This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Nevada.
Disputes arising under this Agreement shall be resolved by binding arbitration in Clark County, Nevada, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
THE PARTIES HEREBY WAIVE ANY RIGHTS TO A JURY TRIAL.
17. Assignment
Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of MoFlo. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder.
MoFlo may freely assign this Agreement in whole or in part, including to any affiliate, successor, or acquirer of all or substantially all of MoFlo’s business or assets relating to the Services, without Customer’s consent. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
18. Notices
All legal notices under this Agreement to MoFlo must be delivered in writing by courier, electronic facsimile, electronic mail, or by certified or registered mail (postage prepaid and return receipt requested) to:
MoFlo, Inc.
Attention: Legal
8020 W. Sahara Ave, Suite 240
Las Vegas, NV 89117
info@moflo.ai
(702) 350-1757
Notice will be deemed effective upon the earlier of:
(a) actual receipt by the intended recipient;
(b) upon delivery by courier;
(c) upon acknowledgement of receipt by electronic transmission; or
(d) five (5) business days after deposit with the U.S. Postal Service.
Customer agrees that MoFlo may provide notices and messages to Customer in any of the following ways:
(a) within the Service interface;
(b) sent to the email address in the Customer’s account; or
(c) by posting on MoFlo’s website.
Customer is solely responsible for maintaining current and accurate contact information in its account and for regularly checking the Service and email for notices. If Customer has provided an invalid email address, or such address is not capable of receiving notices, or Customer fails to check the Service interface or MoFlo’s website for posted notices, MoFlo’s dispatch or posting of such notice will nonetheless constitute effective notice.
