Terms of Use
Flomark, LLC
Last updated: April 21, 2025
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement between Flomark, LLC, an Arizona limited liability company (“Flomark”) and the client, personally or on behalf of an entity (“Client”), regarding access to and use of Flomark’s website (https://www.flomark.io) and all related services including website redesign, ongoing maintenance, SEO updates, content optimization, and related support (collectively the “Services”). Failure to agree to all terms, conditions, and obligations herein expressly prohibits Client’s use of Flomark's Services and website.
1. Intellectual Property Rights
All website materials, source code, software, databases, text, and graphics developed by Flomark for its website are owned and protected under applicable copyright, trademark, and other intellectual property laws. The Client acknowledges that Flomark provides ongoing maintenance and content management services, and nothing in this Agreement transfers ownership of Flomark's proprietary methods, templates, or systems used to deliver the Services.
2. Client Ownership of Website Materials
Client retains full ownership and copyright of all content, materials, images, text, graphics, and other digital assets originally provided by Client to Flomark. Upon completion of website redesign and updates, all finalized versions of Client’s website, including content and visuals specifically created for Client’s use and paid for by Client under this Agreement, belong to Client.
3. Third-Party Assets & Licensing
Flomark may utilize third-party plugins, tools, images, software, or other assets requiring independent licensing. Flomark will inform Client when third-party licenses are required. Client is solely responsible for securing and maintaining any required third-party licenses, subscriptions, or permissions for ongoing legal use.
4. User Representations
Client represents and warrants:Legal capacity to agree to these Terms.Not a minor in their jurisdiction.Will use Services lawfully and not for any unauthorized or prohibited activities.
5. Prohibited Activities
Client agrees to refrain from activities including but not limited to:
- Unauthorized access or copying of Flomark’s website or proprietary processes.
- Disrupting, interfering with, or circumventing Flomark’s operations or security.
- Reverse engineering, decompiling, or unauthorized usage of Flomark’s methods or tools.
- Engaging in unlawful or malicious use of Services.
6. Client Feedback
Feedback provided to Flomark by Client regarding website improvement or Service enhancements is considered non-confidential. Flomark retains unrestricted rights to utilize such feedback for Service enhancement, without compensation or obligation to Client.
7. Monitoring and Enforcement
Flomark reserves the right to monitor Client use of Services and website, and to restrict or terminate access due to violations of these Terms or applicable laws, at Flomark’s sole discretion.
8. Privacy Policy
Use of Flomark’s website and Services is subject to Flomark’s Privacy Policy. By accessing Flomark’s website, Client consents to data handling practices outlined in the Privacy Policy.
9. Refund, Pause, Cancellation & Payment Policies:
Flomark offers a 7-day satisfaction guarantee. Clients dissatisfied within the first 7 days of subscription may request a refund in writing (to support@flomark.io) for the unused portion of their subscription. Completed work is non-refundable.
Pause Policy:
Clients may pause their subscription at any time via their Stripe Client Portal. Flomark understands life circumstances can change; however, frequent pausing is not recommended, as consistent website updates are crucial for website growth and performance. Remaining subscription days will be preserved for use upon resumption.
Cancellation Policy:
Clients may cancel their subscription at any time via their Stripe Client Portal. Cancellation requests must be made at least 7 days before the next billing date to avoid future charges. Services will continue through the current billing period. No refunds are provided for unused subscription time, but no further charges will occur after cancellation.
Failed Payments:
If a payment method is declined or fails to process, Flomark will attempt to collect payment for up to 7 business days. During this period, services may be temporarily paused. If payment is not successfully processed within 10 business days, the subscription will be canceled, and any active or pending work will be placed on hold until payment is resolved. Websites and work will not be transferred to accounts with outstanding balances. After 30 days of non-payment, your account will be sent to collections and your Flomark created website will be deleted.
10. Modifications
Flomark reserves the right to modify or discontinue Services or content without prior notice.
11. Service Interruptions
Flomark does not guarantee uninterrupted availability of Services. Flomark will not be liable for damages or losses resulting from Service interruptions beyond its reasonable control.
12. Governing Law
These Terms are governed by Arizona law, without regard to conflict-of-law principles.
13. Litigation
Any legal disputes must be brought exclusively in state or federal courts in Maricopa County, Arizona. Client consents to this jurisdiction and waives all objections to venue.
14. Disclaimer
Services are provided “as-is,” without warranties, express or implied. Flomark disclaims all warranties, including merchantability or fitness for particular purposes.
15. Limitation of Liability & Indemnification
Flomark is not liable for indirect, consequential, or punitive damages related to Client’s use of Services. Client agrees to indemnify Flomark against third-party claims arising from Client’s breach of these Terms or misuse of Services.
16. Client Data
Client is responsible for data accuracy and backups. Flomark is not liable for data loss or corruption arising from Service use.
17. Electronic Communications
Client consents to receive electronic communications and acknowledges that electronic interactions meet all legal communication requirements.
18. Licensing & Content Responsibility
Client assumes full responsibility for properly licensing content used on their website. Flomark assumes no liability for Client’s unauthorized use of unlicensed third-party materials.
19. Showcasing Work
Flomark reserves the right to showcase Client’s completed website as part of its portfolio unless explicitly restricted by a mutually agreed-upon non-disclosure agreement (NDA).
20. Webflow Transfer & Site Plan Responsibility
Upon subscription cancellation, ownership will be transferred to the Client’s Webflow account. The Client is solely responsible for purchasing and maintaining their Webflow site plan, hosting plan, or any other subscriptions required to keep their website live. Flomark does not cover these costs and is not liable for any disruptions in service due to lapsed or unpaid Webflow plans.
21. Miscellaneous
These Terms constitute the full agreement between Flomark and Client. Severability of any term does not affect the remainder of this Agreement. Nothing herein establishes a joint venture, partnership, or employment relationship.
22. Contact Information
For questions regarding these Terms, please contact Flomark at: support@flomark.io.