ZaderFlo Systems Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of ZaderFlo services, websites, software, automations, communication systems, AI-powered tools, and related offerings (collectively, the "Services").

By accessing, purchasing, using, or interacting with ZaderFlo ("ZaderFlo," "we," "us," or "our"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use our Services.

These Terms apply to all visitors, customers, users, and businesses using ZaderFlo Services.

1.1 Commercial and Business Customer Representation

The Services are intended for business and commercial use. By purchasing or using the Services, you represent that you are acting on behalf of a business, commercial operation, or professional service provider and not primarily for personal, family, or household purposes. If you are entering into these Terms on behalf of a company or other legal entity, you personally represent and warrant that you have full authority to bind that entity to these Terms.

2. Services

2.1 Service Offerings

ZaderFlo provides workflow automation and business system services to businesses, including but not limited to:

• Custom website development
• Website hosting and maintenance
• Booking and communication systems
• Voice AI assistants, including Bella
• Workflow automation and integrations
• CRM and scheduling automations
• Social media and branding services
• Logo and graphic design services
• Communication and operational tools
• Business process automation services

Services may evolve over time.

We reserve the right to modify, suspend, discontinue, or update any portion of the Services at any time.

2.2 Service Scope and Change Requests

Requests outside the originally agreed scope of Services, including but not limited to additional integrations, revisions, pages, workflows, features, automations, content creation, customizations, or implementation changes, may require additional fees, revised timelines, or a separate written agreement. ZaderFlo reserves the right to determine whether requested work falls outside the original scope of Services. For purposes of these Terms, "content updates" means minor text edits, image swaps, and similar routine changes. Content updates do not include new page creation, major design revisions, additional features, copywriting, coding, new integrations, or structural changes unless expressly included in the applicable package or written agreement.

2.3 Deliverable Acceptance

Upon delivery or activation of a Service, website, automation, or other deliverable, you agree to review and test the deliverable promptly. If you do not notify ZaderFlo in writing of any material defects or issues within seven (7) calendar days of delivery or activation, the deliverable will be deemed accepted. Acceptance does not waive your rights under these Terms with respect to ongoing service obligations, but it does establish the baseline for what was delivered for purposes of any future dispute regarding scope or completion.

2.4 Customer-Provided Content

You are solely responsible for all content, materials, information, data, and assets you provide to ZaderFlo for use in connection with the Services, including but not limited to business names, logos, photographs, copy, claims, pricing, service descriptions, and branding materials. ZaderFlo may rely on customer-provided content without independent verification of its accuracy, legality, or compliance. You represent and warrant that all content you provide does not infringe any third-party intellectual property rights, does not contain false or misleading claims, and complies with all applicable laws and regulations. Any marketing language, descriptions, or materials approved by you for publication are your responsibility. ZaderFlo is not liable for claims, losses, or damages arising from content you provided, approved, or directed.

3. No Professional Advice

ZaderFlo does not provide legal, accounting, tax, financial, medical, employment, regulatory, or compliance advice.

Customers remain responsible for ensuring their own compliance with all applicable laws, regulations, licensing requirements, privacy obligations, recording laws, employment laws, advertising rules, industry standards, and customer communication requirements.

Any information provided by ZaderFlo is for general informational purposes only.

4. Customer Responsibilities

Customers remain primarily responsible for:

• Maintaining accurate business information
• Monitoring workflows and automations
• Reviewing AI-generated outputs and communications
• Confirming appointments and bookings
• Managing customer relationships
• Maintaining required disclosures and legal notices
• Obtaining customer consents where required
• Maintaining independent backups and data records
• Reviewing automated actions before relying on them
• Compliance with all applicable federal, state, and local laws
• Ensuring proper functioning of automated greeting systems and call disclosure mechanisms
• Providing timely access, credentials, and approvals for the setup and ongoing operation of Services

You acknowledge that ZaderFlo provides tools and systems, but final business decisions and customer interactions remain your responsibility.

5. AI and Automation Disclaimers

5.1 AI Systems

ZaderFlo may use artificial intelligence, automation systems, machine learning tools, language models, and voice systems, including Bella.

AI-generated outputs may:

• Be inaccurate
• Be incomplete
• Misinterpret customer requests
• Produce incorrect information
• Fail to execute properly
• Experience interruptions or delays
• Produce unexpected or unsuitable results

You acknowledge that AI and automation systems are probabilistic technologies and are not guaranteed to be error-free.

5.2 Bella Booking Concierge

Bella is an automated communication and booking system. Unless separately configured in writing, Bella is designed for inbound call handling and does not initiate outbound calls or SMS messages.

You acknowledge and agree that:

• Bella may misunderstand callers
• Bella may fail to capture information correctly
• Bella may create inaccurate bookings
• Bella may experience outages or delays
• Bella may provide incomplete or inaccurate responses
• Bella should be monitored and reviewed regularly

You remain responsible for:

• Reviewing appointments
• Confirming customer communications
• Monitoring system performance
• Correcting errors
• Maintaining fallback processes for important business functions

ZaderFlo is not liable for:

• Missed appointments
• Incorrect bookings
• Lost leads
• Customer dissatisfaction
• Scheduling conflicts
• Business interruption
• Customer communication errors
• Revenue loss resulting from automation failures

5.3 Emergency and Life-Safety Exclusion

ZaderFlo Services are not designed for, and must not be used in, emergency, medical, legal, financial, law enforcement, or crisis response contexts. You are solely responsible for implementing appropriate systems and procedures for such situations.

6. Communications, Monitoring, Transcription, and Consent

You are solely responsible for complying with all laws relating to:

• Call recording
• Telephone communications
• SMS and text messaging
• Marketing communications
• Customer outreach
• Consent requirements
• Privacy disclosures
• TCPA compliance
• California recording consent laws
• Honoring opt-out and revocation requests where required by law

You acknowledge that California is a two-party consent state.

6.1 Call Disclosure

ZaderFlo's standard Bella service configuration includes an automated greeting message that provides notice of call monitoring and transcription before Bella answers the call. This greeting is intended to satisfy applicable disclosure requirements for call monitoring and transcription in California and other applicable jurisdictions.

The standard greeting states:

"Thank you for calling [Business Name]. Calls may be monitored or transcribed to assist with scheduling, booking, service delivery, and quality assurance. Please hold while we connect you to our booking concierge."

By using ZaderFlo Services, you authorize us to deploy this greeting on your behalf and represent that:

• The greeting accurately reflects your business name and call monitoring and transcription practices
• You have reviewed and approved the disclosure language
• You understand that this greeting constitutes notice to callers that calls may be monitored or transcribed

6.2 Customer Responsibility for Compliance

While ZaderFlo provides the technical greeting system as part of the Services, you remain solely responsible for:

• Ensuring that your use of call monitoring and transcription complies with all applicable laws in your jurisdiction and the jurisdictions where your customers are located
• Verifying that the automated greeting functions properly during your onboarding and on an ongoing basis
• Notifying ZaderFlo immediately if the greeting system malfunctions or fails to play
• Maintaining alternative methods of providing legally required notices if technical issues prevent the greeting from functioning
• Compliance with all other communication, marketing, consent, and privacy laws applicable to your business operations

6.3 Limitation of ZaderFlo's Responsibility

ZaderFlo provides the greeting system on a commercially reasonable efforts basis as part of the Services, subject to the limitations and disclaimers set forth in these Terms.

ZaderFlo is not responsible for:

• Legal compliance if you modify, disable, or override the standard greeting system
• Failures of third-party telephony providers that prevent the greeting from playing
• Your failure to verify that the greeting is functioning during setup or ongoing operations
• Changes in applicable law that require modifications to disclosure language
• Jurisdiction-specific consent requirements beyond the scope of the standard greeting
• Your implementation of SMS, marketing, or outbound communication systems outside of Bella's inbound call handling

6.4 No Legal Advice

The automated greeting provided by ZaderFlo is designed to provide reasonable notice of call monitoring and transcription but does not constitute legal advice regarding compliance with applicable consent laws. You are encouraged to consult with legal counsel regarding your specific compliance obligations.

ZaderFlo does not guarantee that the automated greeting or your use of the Services complies with all applicable laws in all jurisdictions.

7. Third-Party Services and Integrations

ZaderFlo Services may rely on third-party platforms and providers, including but not limited to:

• Hosting providers
• AI providers
• Telephony providers
• SMS providers
• Payment processors
• Calendar systems
• CRM systems
• Email platforms
• Analytics platforms
• Cloud providers
• Integration tools

These third-party services are outside our control.

We are not responsible for:

• Third-party outages
• API failures
• Security incidents
• Platform changes
• Service interruptions
• Account suspensions
• Data loss caused by third parties
• Third-party pricing changes
• Delayed or failed communications
• Third-party bankruptcies or service discontinuations

Third-party providers may modify or discontinue services at any time.

We reserve the right to modify or discontinue features affected by third-party changes.

8. Website Hosting and Performance

Websites and hosted systems may experience downtime, interruptions, delays, cyberattacks, maintenance events, or technical failures.

While ZaderFlo aims to provide commercially reasonable service availability, uninterrupted or error-free service is not guaranteed.

You acknowledge that:

• Hosting providers may fail
• DNS services may experience interruptions
• Security incidents may occur
• Software bugs may exist
• Internet infrastructure failures may affect service availability

ZaderFlo is not liable for:

• Downtime
• Website interruptions
• Hosting outages
• Security breaches caused by third parties
• Data corruption
• Search engine ranking fluctuations
• Loss of traffic or revenue

9. Payment Terms and Invoicing

9.1 Fees and Automatic Renewal Notice

Fees are charged according to the selected plan, proposal, invoice, or agreement. Setup fees are one-time fees and are earned as work is performed. Invoices are due within fifteen (15) calendar days unless otherwise stated in writing.

Recurring Charges:

Monthly subscription fees are due on the same calendar date each month corresponding to the original service start date and will automatically renew and recur monthly unless cancelled with 30 days' written notice. Details on the recurring fee structures and clear pricing intervals are disclosed on your specific proposal, setup invoice, or checkout page prior to purchase or service activation. Cancellation instructions will be provided in proposals, invoices, or written onboarding materials where recurring Services are offered.

9.2 Payment Disputes

Customers agree to notify ZaderFlo promptly regarding any invoice disputes by sending an email with transaction details to hello@zaderflo.com so that the parties may attempt a good-faith resolution before any escalations occur.

9.3 Payment Processing

Payments may be processed through third-party payment providers. ZaderFlo is not responsible for payment processor outages, failed transactions, unauthorized charges caused by third parties, banking interruptions, or transfer delays.

9.4 Consequences of Non-Payment

Accounts unpaid more than seven (7) calendar days after the payment due date are considered overdue. ZaderFlo may provide a courtesy reminder before taking action regarding overdue balances. If payment remains outstanding after reasonable notice, ZaderFlo reserves the right to suspend ongoing Services, pause operational support, delay implementation work, remove or temporarily disable hosted systems, or terminate access entirely until payment is received. You remain responsible for all outstanding fees incurred prior to cancellation, suspension, or termination.

9.5 Service Restoration Conditions

Following a temporary suspension due to non-payment, the technical restoration of suspended Services, websites, or automation sequences may require additional setup time. Restoration remains subject to third-party API configurations, account status, workflow configurations, and overall technical system conditions.

9.6 Refund Policy

All setup fees are non-refundable once the associated work has commenced. Monthly fees are non-refundable for the current billing period once initiated. Refunds are not provided for change of mind, business closure, customer dissatisfaction with results, third-party service failures, or issues caused by customer error or misconfiguration. If the workflow system fails to become operational or does not function as intended due to issues solely caused by ZaderFlo, a refund for the affected portion of the Services may be issued at ZaderFlo's sole discretion.

10. Cancellation and Termination

10.1 Cancellation by Customer

Customers may cancel recurring Services by providing 30 days' written notice. Notices for cancellation must be submitted directly via email to hello@zaderflo.com. Cancellation submissions do not relieve responsibility for outstanding balances or fees incurred during the 30-day notice period.

10.2 Termination by ZaderFlo

We reserve the right to suspend or terminate Services immediately if:

• You violate these Terms
• You misuse the Services
• You engage in illegal activity
• You fail to pay invoices
• You abuse or harass staff
• Your use creates security, legal, or operational risks

10.3 Effect of Termination

Upon termination, access to Services may end immediately, automations may stop functioning, hosted systems may be disabled, and data may be deleted after a reasonable retention period. Customers are responsible for requesting exports or copies of available customer data prior to termination. ZaderFlo is not responsible for business disruption resulting from termination.

11. Customer Data and Intellectual Property

11.1 Ownership of Customer Data

You retain ownership of the content and business data you provide to ZaderFlo ("Customer Data"). You grant ZaderFlo a limited license to use, store, process, transmit, and display Customer Data solely as necessary to provide the Services. Use of personal information within Customer Data is also governed by ZaderFlo's Privacy Policy.

11.2 Customer Accounts and Assets

Customer retains ownership of accounts, domains, phone numbers, social media profiles, and third-party assets explicitly established or purchased directly by the customer.

11.3 ZaderFlo Intellectual Property

ZaderFlo retains ownership of software, workflow architecture, automation methodologies, templates, prompt structures, AI configurations, internal systems, design frameworks, proprietary business processes, underlying code, reusable frameworks, workflow structures, templates, and general operational know-how used to provide Services. Except where explicitly stated in writing, purchase of Services does not transfer ownership of ZaderFlo's internal systems or methodologies.

11.4 Data Export and Retention

ZaderFlo will make commercially reasonable efforts to provide available customer data exports upon request prior to termination; however, ZaderFlo does not guarantee compatibility, completeness, formatting, or retention of third-party platform data. ZaderFlo may retain business records, invoices, communications, and certain operational information for periods reasonably necessary for business operations, legal compliance, dispute resolution, tax purposes, security purposes, or other legitimate business needs.

11.5 Data Loss

ZaderFlo is not responsible for data loss, corrupted data, third-party platform failures, unauthorized access, security incidents outside our reasonable control, customer deletion of data, or failure to maintain backups. Customers remain responsible for maintaining independent backups of important information.

11.6 Customer Account Security

Customers remain responsible for maintaining the confidentiality and security of account credentials, passwords, API keys, authentication methods, and access permissions associated with the Services.

ZaderFlo is not responsible for unauthorized access, account compromise, security incidents, or resulting damages arising from:

• Customer credential sharing
• Weak password practices
• Compromised devices
• Unauthorized account access
• Third-party authentication failures
• Customer failure to maintain reasonable security practices

Customers are encouraged to use strong passwords, multi-factor authentication where available, and appropriate account security measures.

12. Confidential Information

Each party may receive confidential or proprietary information from the other party in connection with the Services, including but not limited to customer lists, access credentials, operational information, pricing structures, internal procedures, business information, and specialized customer information.

Each party agrees to use reasonable administrative, technical, and operational safeguards appropriate under the circumstances to protect such confidential information and to avoid unauthorized disclosure.

Confidential information may be disclosed only:

• As reasonably necessary to provide or support the Services
• To authorized contractors or service providers bound by confidentiality obligations
• As required by law, court order, or governmental request

Information that becomes publicly available through no fault of the receiving party, was independently developed, or was lawfully obtained from another source shall not be considered confidential information.

13. Acceptable Use

You may not use ZaderFlo Services to:

• Violate laws or regulations
• Send spam or unlawful marketing communications
• Harass or threaten others
• Commit fraud or deceptive practices
• Distribute malware or harmful code
• Infringe intellectual property rights
• Conduct unlawful robocalling activity
• Misrepresent automated systems as humans where prohibited by law
• Abuse or interfere with systems or networks

ZaderFlo may suspend Services for violations of this section.

14. Intellectual Property Rights

Except for Customer Data and fully paid-for custom deliverables explicitly assigned to the customer in writing:

All rights, title, and interest in the Services remain the property of ZaderFlo.

For custom design or website projects:

• Customers receive rights to final deliverables upon full payment
• ZaderFlo retains ownership of internal methods, frameworks, reusable systems, and general know-how as set forth in Section 11.3
• ZaderFlo may display completed projects in portfolios and marketing materials unless otherwise agreed in writing

15. Force Majeure

ZaderFlo is not liable for failures, delays, or interruptions caused by circumstances beyond our reasonable control, including but not limited to:

• Acts of God
• Natural disasters
• War, terrorism, or civil unrest
• Pandemics or public health emergencies
• Government regulations, orders, or restrictions
• Changes in law affecting AI, automation, or communication services
• Internet or telecommunications infrastructure failures
• Cyberattacks, hacking, or security incidents
• Third-party service provider failures, outages, or bankruptcies
• AI provider failures or discontinuations
• Power outages or utility failures
• Labor disputes or strikes

In the event of a Force Majeure occurrence, ZaderFlo's obligations under these Terms are suspended for the duration of the event.

16. No Guaranteed Results

ZaderFlo does not guarantee specific business outcomes or results, including but not limited to revenue increases, customer acquisition, appointment volume, lead generation, search rankings, conversion rates, social media growth, customer retention, or operational efficiency gains. Actual outcomes depend on numerous factors outside ZaderFlo's control. ZaderFlo is not liable for failure to achieve specific business outcomes, revenue targets, bookings, rankings, leads, or conversion rates. All marketing and promotional language used by ZaderFlo, including on its website, brochures, proposals, and advertising materials, is promotional in nature and does not constitute a guarantee, warranty, or promise of specific results.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

ZADERFLO SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES
• CONSEQUENTIAL DAMAGES
• SPECIAL DAMAGES
• INCIDENTAL DAMAGES
• LOST PROFITS
• LOST REVENUE
• LOST BUSINESS OPPORTUNITIES
• DATA LOSS
• BUSINESS INTERRUPTION
• CUSTOMER LOSS
• MISSED APPOINTMENTS
• COMMUNICATION FAILURES
• SECURITY INCIDENTS CAUSED BY THIRD PARTIES
• FORCE MAJEURE EVENTS

ZADERFLO'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO ZADERFLO BY THE CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Nothing in these Terms limits liability that cannot legally be limited under applicable law, including liability arising from fraud, willful misconduct, or gross negligence where applicable.

18. Indemnification

You agree to defend, indemnify, and hold harmless ZaderFlo and its owners, contractors, employees, affiliates, and service providers from any claims, liabilities, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Services
• Your violation of law
• Your violation of these Terms
• Your communications with customers
• Your failure to obtain required consents
• Your failure to provide legally compliant call disclosures
• Your misuse of automation systems
• Content or data you provide
• Customer disputes arising from your business operations
• Your failure to provide timely and accurate access, credentials, or approvals

19. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZADERFLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• CONTINUOUS AVAILABILITY
• ERROR-FREE OPERATION
• SECURITY OR RELIABILITY OF THIRD-PARTY SERVICES

ZaderFlo does not guarantee that Services will be uninterrupted, secure, or error-free.

20. Dispute Resolution

20.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

20.2 Informal Resolution

Before filing any formal legal claim, both parties agree to attempt a good-faith informal resolution by contacting ZaderFlo directly at hello@zaderflo.com. Either party may pursue qualifying claims in small claims court instead of arbitration where permitted by applicable law. To the maximum extent permitted by law, claims must be brought individually and not as part of any class, consolidated, representative, or collective proceeding.

20.3 Arbitration Agreement

Any disputes arising out of or relating to these Terms or the Services that cannot be resolved through informal resolution shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. The arbitration shall take place in Los Angeles, California. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees, unless otherwise awarded by the arbitrator in accordance with applicable law. This arbitration agreement is intended to be broadly interpreted. If any portion of this arbitration agreement is found unenforceable by a court of competent jurisdiction, that portion shall be severed and the remaining provisions of this arbitration agreement shall continue in full force and effect.

20.4 Public Injunctive Relief Provision

Nothing in this dispute resolution section or these Terms prevents either party from seeking public injunctive relief in a court of competent jurisdiction where a waiver of such a right is prohibited by applicable statutory law.

21. Service Implementation and Timelines

Timelines for the implementation and operationalization of Services, typically estimated at 7 to 10 business days, are contingent upon timely client cooperation, provision of necessary access and credentials, prompt approvals, and the responsiveness of third-party services. ZaderFlo is not liable for delays caused by factors outside its reasonable control, including but not limited to client-side delays or third-party service interruptions. Failure to provide timely approvals, content, credentials, access, or required information may result in implementation delays, revised timelines, additional development time, or additional setup fees.

22. Agreement Hierarchy

In the event of any conflict between these Terms and a separately executed written agreement (such as a custom project proposal, invoice, order form, or formal service agreement) concerning specific pricing, scope, deliverables, or timelines, the terms of the separately executed written agreement shall prevail.

23. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Failure to enforce any provision does not waive future enforcement rights.

You may not assign these Terms without prior written consent from ZaderFlo. ZaderFlo reserves the right to assign these Terms to an affiliate, future corporate structure, or a successor entity in connection with a corporate reorganization, merger, acquisition, sale, or transfer of business assets.

Notices to ZaderFlo must be sent to hello@zaderflo.com unless a separate written agreement specifies another notice method.

These Terms, together with the Privacy Policy and any active written agreements between the parties, constitute the entire agreement between the parties.

24. Contact Information

ZaderFlo Systems LLC

• Disputes, Support, Notices & Cancellations: hello@zaderflo.com
• Privacy & Terms Queries: privacy@zaderflo.com
• Website: zaderflo.com

Phone: (818) 618-0902