IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING FLASHFLOW. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you, either individually or on behalf of the business entity you represent ("User," "you," or "your"), and HVAC Success, Inc., a company organized and existing under the laws of the United States ("Company," "FlashFlow," "we," "our," or "us"), governing your access to and use of the FlashFlow financial intelligence platform, including any associated websites, applications, software, APIs, features, and services (collectively, the "Service").
By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you represent that: (a) you have read, understood, and agree to be bound by these Terms; (b) you are at least 18 years of age; (c) if you are agreeing on behalf of a business entity, you have the authority to bind that entity; and (d) your use of the Service does not violate any applicable law or regulation.
FlashFlow is a business financial intelligence platform that allows users to:
FlashFlow is a financial data aggregation and visualization tool only. FlashFlow does not provide financial advice, investment advice, accounting advice, tax advice, or legal advice. All insights, projections, and data presented within the Service are for informational purposes only and do not constitute professional financial guidance of any kind. You should consult a qualified financial professional, accountant, or attorney before making any financial or business decisions.
The Service is available only to businesses and individuals operating on behalf of a business. The Service is not intended for personal, family, or household use. You must be at least 18 years of age to use the Service. By using the Service, you represent that you meet these eligibility requirements.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. FlashFlow reserves the right to suspend or terminate your account if any information provided proves to be inaccurate, outdated, or incomplete.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to: (a) immediately notify FlashFlow of any unauthorized use of your account or any other breach of security; and (b) ensure that you log out of your account at the end of each session. FlashFlow will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you create an account on behalf of a business entity, you represent that you have the legal authority to bind that entity to these Terms, and that the entity accepts these Terms. You are responsible for ensuring that all authorized users of the account comply with these Terms.
FlashFlow uses Plaid, Inc. to connect your business bank and credit card accounts. By connecting your financial accounts through Plaid, you authorize Plaid to access and transmit your financial data to FlashFlow on your behalf. Your use of Plaid's services is subject to Plaid's End User Privacy Policy and Terms of Service, available at plaid.com/legal. FlashFlow is not responsible for Plaid's practices, availability, accuracy, or security. FlashFlow does not store or have access to your financial institution login credentials.
FlashFlow integrates with Intuit QuickBooks through Intuit's authorized API platform. By connecting your QuickBooks account, you grant FlashFlow access to your QuickBooks data as described in our Privacy Policy and authorize FlashFlow to read, retrieve, and display such data within the Service. Your use of QuickBooks is subject to Intuit's Terms of Service and Privacy Policy. FlashFlow is not responsible for the accuracy, completeness, or availability of data from QuickBooks.
By connecting any third-party account to FlashFlow, you expressly authorize FlashFlow to access, retrieve, store, process, and display data from those accounts as described in these Terms and our Privacy Policy. You represent that you have the right and authority to connect such accounts and grant such access, and that doing so does not violate any agreement with your financial institution or any applicable law.
By using the Service, you expressly consent to and authorize members of the FlashFlow team, including employees, contractors, and other authorized personnel of HVAC Success, Inc., to access and view your account data, including your connected financial data, transaction records, and accounting information, for the following purposes:
FlashFlow personnel access is logged and governed by internal access control policies. Access is limited to personnel with a legitimate operational need. By continuing to use the Service, you acknowledge and accept this access as a necessary and material term of the agreement.
FlashFlow's functionality depends on third-party services including Plaid and QuickBooks. FlashFlow does not control these services and is not responsible for their availability, performance, accuracy, or changes to their APIs, terms, or data access policies. FlashFlow may modify, suspend, or discontinue integrations with any third-party service at any time without notice or liability.
Access to the Service requires a paid subscription. FlashFlow offers various subscription tiers with different features and pricing. Subscription details, pricing, and plan features are described on the FlashFlow website and may be updated from time to time.
By subscribing, you authorize FlashFlow to charge your payment method for the applicable subscription fee on a recurring basis. All fees are due in advance of the applicable service period. You are responsible for providing accurate billing information and for keeping your payment method current.
Subscription fees are exclusive of all applicable taxes, including sales tax, use tax, VAT, GST, and similar taxes. You are responsible for all taxes associated with your subscription, except for taxes based on FlashFlow's net income.
All fees paid are non-refundable except as expressly required by applicable law or as otherwise stated in writing by FlashFlow. FlashFlow reserves the right to modify pricing and subscription plans upon notice to you.
Failure to pay fees when due may result in suspension or termination of your access to the Service. FlashFlow reserves the right to charge interest on overdue amounts at the maximum rate permitted by applicable law.
You agree to use the Service only for lawful business purposes and in accordance with these Terms. You agree not to:
FlashFlow reserves the right, in its sole discretion, to suspend or terminate your access to the Service for any violation of this Section, without prior notice and without liability to you.
The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and other content (collectively, "FlashFlow Content"), is owned by HVAC Success, Inc. or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved by HVAC Success, Inc.
Subject to your compliance with these Terms and payment of applicable fees, FlashFlow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription.
You retain ownership of the financial data and business data you connect to or upload to the Service ("Your Data"). By using the Service, you grant FlashFlow a non-exclusive, worldwide, royalty-free license to access, use, process, store, transmit, and display Your Data solely as necessary to provide, maintain, and improve the Service, including for the purposes described in our Privacy Policy.
If you provide FlashFlow with any suggestions, ideas, feedback, or recommendations regarding the Service ("Feedback"), you assign to FlashFlow all right, title, and interest in and to such Feedback, and FlashFlow may use such Feedback without restriction or compensation to you.
FlashFlow, the FlashFlow logo, and all related names and marks are trademarks or service marks of HVAC Success, Inc. You may not use any FlashFlow trademark without our prior written consent.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FLASHFLOW PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A FLASHFLOW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall the total cumulative liability of the FlashFlow Parties to you for all claims arising out of or related to the Service exceed the greater of: (a) the total amounts paid by you to FlashFlow in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred dollars ($100.00 USD).
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the FlashFlow Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
FlashFlow reserves the right, at your expense, to assume exclusive control of the defense and settlement of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. You will not settle any claim without FlashFlow's prior written consent.
Before initiating any formal dispute, you agree to contact FlashFlow at the address below and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within thirty (30) days of receiving notice.
Notwithstanding the arbitration requirement, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Miami, Florida.
You agree that any claim arising out of or related to the Service must be brought within one (1) year after the cause of action arises, or such claim is permanently barred.
These Terms commence on the date you first accept them and continue until your subscription is terminated or these Terms are otherwise terminated.
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the then-current billing period. No refunds will be provided for partial subscription periods, except as required by law.
FlashFlow may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if: (a) you breach these Terms; (b) we determine that your use poses a security risk; (c) we are required to do so by law; or (d) we decide to discontinue the Service.
Upon termination: (a) your license to use the Service immediately terminates; (b) you remain responsible for all fees accrued prior to termination; and (c) Sections 7, 8, 9, 10, 11, and 13 survive termination. FlashFlow will retain your data as described in the Privacy Policy.
These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and FlashFlow regarding the Service and supersede all prior and contemporaneous agreements, representations, and understandings.
FlashFlow reserves the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on the Service with a revised effective date, and, where required, by providing notice via email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to modified Terms, you must stop using the Service.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
FlashFlow's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of FlashFlow.
You may not assign or transfer these Terms or any rights or obligations hereunder without FlashFlow's prior written consent. FlashFlow may freely assign these Terms in connection with a merger, acquisition, asset sale, or corporate reorganization, without notice to you.
FlashFlow shall not be liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, internet outages, power failures, cyberattacks, or failures of third-party services including Plaid or Intuit.
Nothing in these Terms creates a partnership, joint venture, employment, agency, fiduciary, or advisory relationship between you and FlashFlow. FlashFlow is not your financial advisor, accountant, attorney, or fiduciary, and no content or output of the Service should be construed as professional advice of any kind.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in, under the control of, or a national of any country subject to U.S. trade sanctions.
You consent to receive communications from FlashFlow electronically, including via email or in-app notifications. You agree that electronic communications, agreements, and notices satisfy any requirement that such communications be in writing. Notices to FlashFlow must be sent to the contact address below.
HVAC Success, Inc. — FlashFlow Legal
Email: [email protected]
Mailing Address: 66 West Flagler Street – Suite 900, Miami, FL 33130