Terms of use

The rules for using floms.com, and what you can expect from us in return.

1. Acceptance of these terms

These Terms of Use ("Terms") are an agreement between you and Floms, Inc. ("Floms", "we", "us") that governs your use of floms.com and the features on it, including the chat assistant, contact and consultation forms, the newsletter and the blog (together, the "Website").

By using the Website you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Website. The Website is intended for business use by people who are at least 18 years old. If you use it on behalf of a company, you confirm you have authority to bind that company, and "you" includes the company.

2. Our services and other agreements

The Website describes our products and our engineering and consulting services. Nothing on it is an offer that you can accept to create a contract. Paid services are provided only under a separate written proposal, statement of work or agreement signed or accepted by both parties, and that document controls if it conflicts with these Terms.

Our products and our partners' platforms (for example Loxti, Upti, Proplox, Provelox, Patchvia, Andarvi, Domain Curious and the Coptev platforms) have their own sites and their own terms, which apply when you use them. These Terms cover only the Website.

3. Using the Website

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own lawful business and informational purposes, subject to these Terms.

You agree not to:

  • break any law or infringe anyone's rights, or use the Website to send unlawful, harmful or misleading content;
  • copy, scrape, harvest or republish the Website or its content at scale, or build a competing dataset from it, without our written permission;
  • use bots, crawlers or other automated means to submit forms or chat messages, other than ordinary search-engine indexing;
  • probe, scan or test the security of the Website, bypass or disable protections (including reCAPTCHA), or interfere with how it works;
  • introduce malware, overload our systems, or attempt to access data or systems that are not meant for you;
  • reverse engineer, decompile or attempt to extract the source code of any software on the Website, except where the law allows it;
  • impersonate any person or organization, or misrepresent your relationship with us.

4. Forms, chat and communications

When you submit a form, chat with the assistant or email us, you confirm that the information you provide is accurate and that you are entitled to share it. You agree that we may contact you using the details you provide to respond to your request.

  • The chat assistant is automated. It can be wrong or incomplete, and its answers are general information, not a quote, a commitment or advice. Conversations are stored and may be reviewed by our team (see the Privacy Policy).
  • No relationship is created by contacting us. We do not owe duties to you as a client, and you do not owe us fees, until we both agree in writing.
  • Do not send sensitive information, such as government ID numbers, financial account or payment card details, health information or passwords, through the Website or by email.

5. Intellectual property

The Website and everything on it, including text, design, graphics, illustrations, code, and the names and logos Floms, Loxti, Upti, Proplox, Provelox, Patchvia, Andarvi and Domain Curious, are owned by Floms, Inc., our affiliates or our licensors and are protected by copyright, trademark and other laws. Except for the limited license above, we grant you no rights in them. Names and logos of other companies belong to their owners, and their appearance here does not imply endorsement.

You may share links to the Website and quote short excerpts of blog posts with attribution and a link back. Any other use needs our written permission.

6. Feedback and submissions

If you send us ideas, suggestions or other feedback, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use it for any purpose without obligation to you. This does not apply to confidential information you share under a written agreement with us, and it does not transfer ownership of your own pre-existing materials.

7. Third-party links and services

The Website links to and uses services from third parties, such as Google Analytics, Google reCAPTCHA, our product sites and our partners. We do not control them and are not responsible for their content, availability, security or privacy practices. Your use of them is at your own risk and subject to their terms.

8. Information only, not advice

Blog posts, product descriptions and other content on the Website are provided for general information. They are not legal, tax, financial, security or other professional advice, and they may be out of date or not suited to your situation. We make no promise that following them will produce any particular result. Talk to a qualified professional before you rely on them.

9. Disclaimers

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, that it is free of viruses or other harmful components, or that content, including automated chat responses, is accurate or complete.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOMS, INC., ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED 100 US DOLLARS (US $100).

Some places do not allow certain disclaimers or limits, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law. Liability under a separate written agreement for paid services is governed by that agreement.

11. Indemnification

You agree to defend, indemnify and hold harmless Floms, Inc., its affiliates and its and their officers, directors, employees and agents from any claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of your use of the Website, your violation of these Terms or applicable law, or content or information you submit that infringes the rights of others.

12. Suspension and termination

We may suspend or restrict your access to the Website, or remove content you submitted, at any time and without notice if we believe you have violated these Terms or the law, or to protect the Website or others. You may stop using the Website at any time. Sections that by their nature should survive (including intellectual property, feedback, disclaimers, limitation of liability, indemnification and governing law) continue after your use ends.

13. Privacy and cookies

Our Privacy Policy explains what we collect and how we use it, including analytics cookies, which stay off until you accept them. You can change your choice any time with "Cookie settings" in the footer.

15. Governing law and disputes

These Terms and any dispute arising out of or related to them or the Website are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules.

Before starting a formal proceeding, you agree to contact us at info@floms.com and try in good faith to resolve the dispute informally for at least 30 days. If it is not resolved, you and we agree that the exclusive venue for any proceeding is the state and federal courts located in Atlanta, Georgia, and each of us consents to their jurisdiction. Either party may seek urgent relief in any court to protect its intellectual property or confidential information.

16. Changes to the Website and these Terms

We may change, suspend or discontinue any part of the Website at any time. We may update these Terms from time to time by posting the new version here with a new "last updated" date. Your continued use of the Website after a change means you accept the updated Terms. If you do not agree, stop using the Website.

17. General

  • Entire agreement: these Terms and the Privacy Policy are the whole agreement between you and us about the Website, and replace earlier statements about it.
  • Severability: if a part of these Terms is found unenforceable, the rest stays in effect and the part is applied to the extent allowed.
  • No waiver: if we do not enforce a right, that is not a waiver of it.
  • Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
  • Notices: we may give notice by posting on the Website or by email to an address you provided.
  • Force majeure: we are not responsible for delays or failures caused by events beyond our reasonable control.

18. Contact us

Questions about these Terms? Email info@floms.com or write to Floms, Inc., PO Box 724273, Atlanta, GA 31139, USA.