Last Updated: October22, 2025
These Terms of Service (“Agreement”)form a legally binding contract between DatafloLLC, a New Mexico–based limited liability company (“Dataflo,” “we,” “our,” or “us”), and you, the customer or organization (“Customer,” “you,” or “your”).
By signing an order form or otherwise accessing or using Dataflo’s services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that organization.
Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
Customer Data: All data, content, or materials submitted by the Customer or its users to the Services, including any personal or confidential information.
Order Form: A mutually executed document specifying the Services purchased, subscription term, and associated fees.
Services: Dataflo’s AI-powered data intelligence, analytics, and automation platforms, as described in the applicable Order Form.
Subscription Term:The period during which the Customer is authorized to use the Services.
Usage Data:Aggregated or anonymized data generated by the use of the Services that does not identify any individual or organization.
User: Any individual authorized by the Customer to use the Services under Customer’s account.
Dataflo grants the Customer a limited, non-exclusive,non-transferable, revocable license to access and use the Services during the Subscription Term, solely for internal business or institutional purposes inaccordance with this Agreement and applicable law.
1. Delivery of Services: Dataflo will make the Services available to the Customer as outlined in each Order Form. No physical copy of the software is provided; all access is cloud-based.
2. Support:Dataflo provides ongoing technical and account support, subject to service level commitments detailed in the Support Policy or Order Form.
1. The Customer agrees to pay all fees specified in the applicable Order Form. All fees are quoted in U.S. dollars and are due Net 30 from the invoice date unless other wise stated.
2. Fees are based on purchased capacity or usage, not actual consumption, and unused capacity does not carry forward.
3. Fees exclude all applicable taxes, which are the Customer’s responsibility, except for taxes on Dataflo’s income.
4. Late payments may incur a finance charge of 1.5% per month or the highest rate permitted by law.
Each party may receive confidential or proprietary information from the other (“Confidential Information”). Both parties agree to:
● Protect Confidential Information with reasonable care;
● Use it only for purposes of performing this Agreement; and
● Not disclose it to any third party except to personnel or contractors bound by confidentiality obligations.
These obligations do not apply to information that:
(a) is or becomes public without breach,
(b) was known before disclosure,
(c) is independently developed without reference, or
(d) must be disclosed by law (with prior notice where legally permitted).
Confidentiality obligations survive for five (5) years after termination.
1. Each Order Form begins on its effective date and continues for the Subscription Term specified. Unless either party provides written notice at least 30 days before expiration, the subscription will renew annually.
2. Either party may terminate this Agreement or any Order Form if the other party:
○ Materially breaches and fails to cure within 30 days of written notice; or
○ Becomes insolvent or enters bankruptcy.
3. Upon termination, all outstanding fees become due.Customer may export its data within 30 days of termination.
The Customer agrees to:
● Maintain account security and ensure authorized use only;
● Use the Services in compliance with all applicable laws and regulations;
● Not reverse engineer, copy, or modify the Services;
● Not share, rent, or resell access to the Services; and
● Notify Dataflo immediately of any unauthorized use.
1. Dataflo retains all intellectual property rights to its Services, including all updates, enhancements, and related technology.
2. Dataflo may collect and analyze aggregated Usage Datato improve its products and ensure system reliability.
3. Dataflo may monitor usage for compliance and systemintegrity.
Availability Commitment:
Dataflo aims for 99.9%uptime each calendar month, excluding planned maintenance and factors beyond our control (e.g., force majeure, internet outages).
Support Response Targets:
Dataflo maintains administrative, technical, and physical safeguards to protect Customer Data, consistent with industry standards and state IT compliance requirements.
Key principles include:
● Encryption of data in transit and at rest
● Role-based access control
● Security audits and continuous monitoring
● No use of Customer Data for model training
Where applicable, Dataflo will enter into a Data Processing Agreement (DPA) to comply with GDPR, CCPA, and other regulations.
Each party represents that it has authority to enter this Agreement.
Dataflo warrants that the Services will operate substantially in accordance with their documentation.
Disclaimer: Except as expressly stated, the Services are provided “as is” without warranties of any kind, whether express, implied,or statutory. Dataflo does not guarantee uninterrupted or error-free operation.
To the maximum extent permitted by law:
● Neither party shall be liable for any indirect,incidental, or consequential damages; and
● Dataflo’s total liability under this Agreement shall not exceed the fees paid by the Customer during the 12 months preceding the event giving rise to the claim.
These limits do not apply to confidentiality breaches, grossnegligence, or willful misconduct.
● Dataflo willindemnify the Customer against third-party claims alleging that the Services infringe intellectual property rights.
● Customer will indemnify Dataflo for claims arising from misuse of the Services or violation of this Agreement.
Each party must provide prompt written notice and reasonable cooperation in any claim defense.
● Notices: Must be in writing and delivered by email or certified mail to the address listed in the Order Form.
● Assignment: Neither party may assign this Agreement without the other’s consent, except to a successor in a merger or acquisition.
● Force Majeure: Neither party is liable for delays due to causes beyond reasonable control.
● Relationship:The parties are independent contractors.
● Publicity: Dataflo may list Customer as a client with prior written consent.
● Governing Law: This Agreement is governed by the laws of the State of New Mexico, without regard to conflict of laws.
● Dispute Resolution: Any disputes will be resolved in the state and federal courts of New Mexico, and both parties consent to jurisdiction there.
● Entire Agreement: This document and the Order Form constitute the entire agreement and supersede prior communications.
Dataflo LLC
100 Sun Avenue NE, Suite 650
Albuquerque, NM 87110
Email: support@dataflo.ai
