Flisk Terms of Service

These Terms of Service ("Terms") govern access to and use of the services, websites, and software provided by Flisk Sofware, Inc., a Delaware corporation ("Flisk," "we," "us," or "our"). By creating an account, clicking "I agree," or using the Services, you agree to these Terms on behalf of the customer entity you represent ("Customer" or "you").

Notices & Contact. Flisk Sofware, Inc., 40 W 25th St., Floor 9, New York, NY 10010. Email: support@flisk.ai.

1. Services; Beta

1.1 Services

Flisk provides AI-assisted analytics engineering tools that analyze systems and configurations (e.g., Google Tag Manager and code repositories) to document tracking setups, monitor for configuration changes, and propose/implement changes upon Customer approval (the "Services").

1.2 Beta Features

Some features may be offered as beta, preview, or early access ("Beta"). Beta is provided as-is, may be modified or discontinued at any time, and is intended for evaluation and feedback.

2. Accounts & Access

2.1 Eligibility & Authority

You represent you have authority to bind Customer.

2.2 Authorized Users

Only Customer's authorized employees/contractors ("Users") may access the Services. Customer is responsible for Users' actions and for maintaining credential confidentiality.

2.3 Customer Inputs

To provide the Services, Customer may supply and maintain access, data, and configuration information (“Customer Inputs”), including without limitation: (a) access (e.g., OAuth grants, API keys, service accounts, webhooks) to systems where analytics-related configurations reside or are deployed—such as Google Tag Manager and similar tag managers, analytics/measurement platforms (e.g., GA4, Mixpanel, Amplitude, Segment, RudderStack, PostHog), A/B testing/experience tools, and related services; (b) access to code and configuration sources and developer tools where tracking is defined or deployed—such as GitHub, GitLab, Bitbucket, CI/CD pipelines, build artifacts, and deployment previews; (c) URLs, sitemaps, environments, and endpoints for monitoring/validation; and (d) any other documentation, specifications, or environment details reasonably requested by Flisk to analyze, monitor, or implement Customer-approved changes. Unless otherwise agreed, Flisk will request least-privilege scopes and implement changes only with Customer approval. Customer is responsible for the accuracy and completeness of Customer Inputs and for not providing personal data, as described in Section 3.

3. Data, Privacy & Security

3.1 No End-User Data

The Services are designed to analyze configurations and code, not to collect, process, or store any end-user personal data. Customer agrees not to submit personal data (as defined by applicable laws) to the Services.

3.2 Transient Processing; Encryption

Limited transient processing/cache may occur solely to operate the Services. Data handled by Flisk is encrypted in transit and at rest. Flisk does not store Customer source code or GTM configuration data beyond what is necessary for temporary analysis and operation.

3.3 Anonymization & Logs

Operational logs may be generated; Flisk endeavors to avoid including personal data and to anonymize log content where feasible.

3.4 Sub-processors

Flisk may use limited third-party providers, such as Amazon Web Services (AWS), solely to host/run the Services under confidentiality and security obligations. Flisk will notify Customer of any new material processor or material change prior to use; if unacceptable, Customer may terminate the affected order as its sole remedy.

3.5 Security Incidents

If Flisk becomes aware of unauthorized access to Customer Inputs within Flisk's systems, Flisk will notify Customer without undue delay and provide information reasonably available to Flisk.

3.6 Customer Responsibility

Customer is responsible for the legality of its Customer Inputs, for not providing personal or sensitive data, and for configuring access scopes. If Customer provides personal data contrary to Section 3.1, Customer remains responsible, and Flisk may delete such data.

4. Ownership; License; Feedback

4.1 Ownership

As between the parties, Flisk owns the Services and all related IP; Customer owns its Customer Inputs and any output reports specific to Customer.

4.2 License to Operate

Customer grants Flisk a limited, non-exclusive license to use Customer Inputs solely to provide the Services to Customer.

4.3 Feedback

Suggestions are voluntary and may be used by Flisk without restriction; no compensation is owed.

5. Acceptable Use

Customer will not: (a) misuse the Services; (b) attempt to bypass security or rate limits; (c) reverse engineer, decompile, or create derivative works of the Services; (d) use the Services to violate laws; or (e) interfere with others' use. Agent-initiated changes will be implemented only upon Customer approval, and Customer is responsible for reviewing changes before deployment.

6. Fees, Payment & Taxes

6.1 Plans; Auto-Renewal

Subscriptions are offered on monthly or annual terms and auto-renew unless canceled before the renewal date.

6.2 Payment Methods

Credit card (Stripe) is required unless Flisk agrees in writing to ACH or invoicing. If invoiced, amounts are due Net 30.

6.3 No Refunds

Except where required by law, fees are non-refundable; upon cancellation, access continues until the end of the then-current term.

6.4 Late Fees; Suspension

Overdue amounts may accrue interest at 1.5% per month (or the maximum allowed by law) and reasonable collection costs; Flisk may suspend Services for non-payment.

6.5 Taxes

Fees are exclusive of taxes; Customer is responsible for applicable taxes other than Flisk's income taxes.

7. Support; Availability; Changes

7.1 Support

Email support via support@flisk.ai during business hours (Eastern Time), with commercially reasonable efforts. No formal SLA applies unless expressly agreed in writing.

7.2 Service Changes

Flisk may modify or discontinue features; material changes will not reduce core paid functionality during the then-current term without a suitable alternative.

8. Term; Termination; Data Return/Deletion

8.1 Term

These Terms apply from account creation and continue while Customer uses the Services.

8.2 Termination

Either party may terminate for material breach not cured within 30 days of notice. Customer may cancel renewals at any time to end at the current term's expiration.

8.3 Effect

Upon termination/expiration, Customer's access ends. Within 30 days, Customer may export any available reports/artifacts; Flisk will delete Customer Inputs from active systems subject to legal retention requirements and standard backups.

9. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only for these Terms. Confidentiality does not apply to information that is public, independently developed, or lawfully obtained from third parties.

10. Warranties; Disclaimers

The Services (including Beta) are provided "as is" and "as available." To the maximum extent permitted by law, Flisk disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and error-free or uninterrupted operation.

11. Limitation of Liability

To the maximum extent permitted by law, Flisk will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, even if advised of the possibility. Flisk's aggregate liability arising out of or related to the Services will not exceed the amounts paid by Customer to Flisk in the 12 months before the event giving rise to liability.

12. Indemnification

12.1 By Flisk

Flisk will defend Customer against third-party claims alleging that the Services, as provided by Flisk and used by Customer in accordance with these Terms, infringe a U.S. intellectual property right, and will pay resulting damages finally awarded (or settlement approved by Flisk). Flisk has no obligation to the extent a claim arises from Customer Inputs, combinations not provided by Flisk, or misuse.

12.2 By Customer

Customer will defend Flisk against claims arising from (a) Customer Inputs (including any personal data provided contrary to Section 3), or (b) Customer's use of the Services in breach of these Terms, and will pay resulting damages finally awarded (or settlement approved by Customer).

12.3 Process

The indemnified party must provide prompt notice, reasonable cooperation, and exclusive control of defense to the indemnifying party.

13. Publicity

Flisk may use Customer's name and logo in customer lists and marketing materials, subject to Customer's right to opt out by written notice.

14. Third-Party Services

The Services may interoperate with third-party services (e.g., AWS, Google, GitHub). Flisk is not responsible for third-party services not controlled by Flisk. Use of third-party services is subject to their terms.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified (e.g., email or in-product notice) at least 30 days before they take effect, except for changes required by law. Your continued use after the effective date constitutes acceptance.

16. Governing Law; Venue; Miscellaneous

16.1 Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflicts of laws. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

16.2 Assignment

Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.

16.3 Notices

Notices must be in writing and deemed given when sent to support@flisk.ai and the address above, or to the email/address on Customer's account.

16.4 Order of Precedence

If there is a conflict between these Terms and a signed Beta Program Contract or order, the signed document controls for that engagement.

16.5 Export; Compliance

Each party will comply with applicable laws.

16.6 Severability; Waiver

If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.

16.7 Entire Agreement

These Terms (and any applicable order or Beta Program Contract) are the entire agreement regarding the Services and supersede prior or contemporaneous agreements on the same subject.