Terms of Service

Last updated: October 2, 2026

These Terms of Service (the "Terms") govern access to and use of the Floxar platform, websites, applications, APIs and related services (the "Service") provided by Floxar, Inc., a Delaware corporation ("Floxar", "we", "us" or "our").

PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

1. AGREEMENT AND ACCEPTANCE

1.1 Who is bound. If you accept these Terms on behalf of an organization, "you" and "Customer" mean that organization, and you represent that you are authorized to bind it. Otherwise "you" means the individual accepting them. Each person who uses the Service under a Customer's account ("User") must comply with these Terms, and Customer is responsible for its Users.

1.2 Acceptance. You accept these Terms by creating an account, by clicking to accept them, or by using the Service. Electronic acceptance has the same effect as a handwritten signature, including under the U.S. Electronic Signatures in Global and National Commerce Act and applicable state electronic transactions law.

1.3 Business use; age. The Service is provided for business and professional use only, and not for personal, family or household purposes. You must be at least 18 years old to use it.

2. RELATED TERMS AND ORDER OF PRECEDENCE

2.1 Incorporated documents. These Terms incorporate the Floxar Privacy Policy (floxar.com/legal/privacy), the Data Processing Addendum (floxar.com/legal/dpa, the "DPA"), the Fees and Billing Terms (floxar.com/legal/fees), the Sub-processors page (floxar.com/legal/subprocessors), any supplemental terms that apply to a feature you enable (such as the Secrets Vault Terms, "Supplemental Terms"), and any order form or other ordering document that references these Terms ("Order Form"). Together with any Master Agreement, they are the "Agreement".

2.2 Master Agreement. Where Customer and Floxar have signed a written agreement for the Service (a "Master Agreement"), it governs the Service in place of these Terms to the extent it covers the same subject, and these Terms apply to everything else.

2.3 Order of precedence. If documents conflict: (a) Supplemental Terms prevail for the feature they govern; then (b) the DPA, for the processing of personal data; then (c) a Master Agreement; then (d) an Order Form; then (e) these Terms and the Fees and Billing Terms; then (f) documentation and other policies Floxar publishes.

2.4 No other terms. Terms in a purchase order, vendor portal, supplier code or similar document that Customer issues have no effect, even if Floxar accepts or signs the document.

3. THE SERVICE

3.1 What the Service is. Floxar is an execution platform that turns process knowledge into structured, observable workflows that people and AI agents carry out. Customers author flows, run them as trails, register AI agents, connect their own AI clients (including over the Model Context Protocol), and analyze how work is executed.

3.2 Changes to the Service. Floxar continually changes the Service and may add, modify or remove features, limits and plans at any time. Where a change materially reduces a paid feature during a prepaid period, Floxar will give notice under Section 18 or, at Customer's request, refund the prepaid fees for that feature for the rest of the period.

3.3 Third-party services. The Service can connect to systems, AI clients and services operated by third parties. Customer's use of them is governed by its agreements with their providers. Floxar is not responsible for them or for data once it leaves the Service at Customer's direction.

4. ACCOUNTS, ADMINISTRATORS AND SECURITY

4.1 Accounts. Customer must provide accurate account information and keep it current. Customer's account administrators ("Administrators") control the account, its Users, agents, settings and content, and Floxar may rely on their instructions.

4.2 Credentials. Customer is responsible for safeguarding all credentials used with its account, including passwords, sign-in factors, agent credentials, API tokens and keys, and for all activity under them. Customer will notify Floxar promptly at help@floxar.com of any suspected unauthorized access to its account.

4.3 Security measures. Floxar maintains reasonable administrative, technical and physical measures designed to protect the Service and Customer Content. Floxar may apply rate limits, usage controls and other protective measures based on any factor it considers appropriate, such as account, User, agent, credential, network address or type of request, and may change them at any time.

5. AGENTS, AUTOMATED ACCESS AND CONNECTED AI CLIENTS

5.1 Responsibility. Customer may register AI agents as members of its account and connect AI clients to the Service. Every action taken in the Service by an agent Customer registers, or by a client Customer or its Users connect, using credentials or permissions Customer granted, is deemed authorized by Customer, and Customer is responsible for it as if Customer had taken it.

5.2 Oversight. Customer decides which work in its account is performed by people and which by agents, and is responsible for the review, approval and human oversight appropriate to that work, particularly where it has legal or similarly significant effects on individuals.

5.3 Credentials and limits. Customer will keep agent credentials confidential and revoke them promptly if they may be compromised. Floxar may suspend, revoke or require rotation of any agent's credentials, or limit an agent's or client's use of the Service, where Floxar suspects compromise or where the activity threatens the security, stability or availability of the Service or of others.

5.4 Automated access. Automated access to the Service is permitted only through the interfaces and within the limits Floxar documents.

6. PLANS, FEES AND CREDITS

6.1 Fees and Billing Terms. Plans, fees, billing, renewal, credits, taxes, refunds, price changes and non-payment are governed by the Fees and Billing Terms (floxar.com/legal/fees), which form part of these Terms. The features and limits of each plan are those shown when Customer subscribes or in its Order Form.

6.2 Usage limits. Usage above a plan's limits may be refused, or charged as the Fees and Billing Terms provide.

7. FREE PLANS, TRIALS AND BETA FEATURES

7.1 Scope. "Free Services" are free plans, free trials and any feature Floxar identifies as beta, preview, early access or similar.

7.2 Terms for Free Services. Free Services are provided "as is", without support, warranty or indemnity of any kind, and Floxar may change, limit, suspend or end them at any time. Beta features may be unreliable and may never become generally available. At the end of a trial, data entered during it may become inaccessible unless Customer subscribes to a paid plan.

7.3 Inactive free accounts. Floxar may delete a free account, and its content, that has had no sign-in or activity for 12 months, after giving its Administrators at least 15 days' notice.

8. ACCEPTABLE USE

Customer will not, and will not permit any User, agent or connected client to:

(a) violate any law, or infringe or misappropriate the rights of others;

(b) upload or transmit malware or other harmful code, or use the Service to attack, probe or gain unauthorized access to any system, including through agents;

(c) attempt to gain unauthorized access to the Service, test its vulnerabilities outside Floxar's published security policy, or interfere with or disrupt it;

(d) circumvent or exceed rate limits, usage limits, plan limits or other protective measures, including by creating multiple free accounts or accounts not used by the person or organization that registered them;

(e) scrape or access the Service by automated means except through the interfaces Floxar documents;

(f) reverse engineer, decompile or attempt to derive source code, models or non-public interfaces of the Service, except as law expressly permits;

(g) use the Service to build or train a competing product, or publish benchmarks of it, without Floxar's written consent;

(h) resell, sublicense or provide the Service to third parties other than its Users, except as a Master Agreement allows;

(i) send unsolicited communications, impersonate any person, or misrepresent AI Output as human-generated where that would mislead;

(j) store or process protected health information, payment card data subject to PCI DSS, government identification numbers, special categories of personal data or data subject to export controls, unless Floxar has expressly agreed in writing; or

(k) use AI features in breach of Section 10.4.

9. CUSTOMER CONTENT AND DATA

9.1 Ownership. "Customer Content" means the data and content Customer, its Users and its agents submit to the Service, including flows, bits, trails, references and their element values. As between the parties, Customer owns Customer Content.

9.2 Licence to Floxar. Customer grants Floxar a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Content to provide, secure, support, develop and improve the Service, and as the Agreement otherwise permits.

9.3 Responsibility for content. Customer is responsible for Customer Content, for having the rights and consents needed to submit it, and for its accuracy and lawfulness.

9.4 Usage data. Floxar may collect and use data about the operation and use of the Service, such as configuration, performance and usage metrics ("Usage Data"), to provide, secure and improve the Service and its other products. Floxar may use and disclose Usage Data and Customer Content only in aggregated and de-identified form that does not identify Customer, its Users or any individual. Floxar owns Usage Data.

9.5 Feedback. If Customer or its Users provide suggestions or feedback, Floxar may use them without restriction or obligation.

9.6 Privacy and data processing. Floxar processes personal data in Customer Content under the DPA, and other personal data as described in the Privacy Policy. The third parties that process Customer Content on Floxar's behalf are listed on the Sub-processors page.

9.7 Export and deletion. Customer may export or delete its content during the term using the features the Service provides, and is responsible for doing so before the account ends. After termination Floxar may delete Customer Content and will do so within a reasonable period, subject to Supplemental Terms, the Privacy Policy and any legal obligation to retain it.

10. AI FEATURES

10.1 AI Output. Some features generate content using machine-learning models, such as answers and drafts of flows and bits ("AI Output"). AI Output may be inaccurate, incomplete, not unique or unsuitable for Customer's purpose, and it is not professional, legal, medical or financial advice. Customer is responsible for reviewing AI Output before relying on it, approving it or putting it into use, including any flow or bit drafted by an AI feature or agent.

10.2 Ownership of AI Output. As between the parties, AI Output generated for Customer is Customer Content. Floxar makes no representation that AI Output is original or that any rights subsist in it.

10.3 Improving the Service. Floxar may use Customer Content, AI Output and Usage Data to operate, maintain, develop and improve the Service, including its AI features, as described in the Privacy Policy and the DPA and subject to any settings the Service makes available. Floxar's third-party AI model providers process content to provide their services to Floxar and, under Floxar's agreements with them, may not use it to train their own models.

10.4 Model providers and use policies. AI features process the content needed for each request through third-party AI model providers listed on the Sub-processors page. Customer will comply with the usage policy of the provider that processes its requests, currently the Anthropic Usage Policy. Customer will not use AI features to generate unlawful, harmful or infringing content, to make decisions with legal or similarly significant effects on individuals without appropriate human review, to attempt to extract the instructions, prompts or configuration that govern an AI feature, or to circumvent any safeguard or limit applied to AI features or agents.

11. SUPPORT AND AVAILABILITY

11.1 Support. Support is limited to the support included in Customer's plan, Order Form or Master Agreement. Where none includes a support commitment, support is limited to the documentation and self-service resources Floxar makes generally available, and Floxar has no obligation to respond to individual requests.

11.2 Availability. Floxar works to keep the Service available but does not guarantee that it will be uninterrupted, timely or error-free. The Service may be unavailable for maintenance, updates, incidents or other reasons. No service level or service credit applies unless an Order Form or Master Agreement grants one.

12. SUSPENSION AND TERMINATION

12.1 Suspension. Floxar may suspend all or part of the Service, an account, a User or an agent where reasonably necessary to protect the Service, Floxar or others, to comply with law, on a breach of the Agreement, or for non-payment. Floxar will limit a suspension to what is reasonably necessary and, unless prohibited or impractical, give notice.

12.2 Termination by Floxar. Floxar may terminate the Agreement or any account (a) for convenience, on at least 15 days' notice, refunding any prepaid fees for the period after termination; or (b) immediately on notice, for breach of the Agreement, non-payment, conduct that harms or threatens the Service, Floxar or others, or where required by law. Free Services may be ended under Section 7.

12.3 Termination by Customer. Customer may cancel a subscription at any time. Cancellation takes effect at the end of the current billing period, and no refund is due. Customer may close a free account at any time.

12.4 Effect. On termination, Customer's right to use the Service ends, Customer pays any fees due, and Section 9.7 governs Customer Content. Section 6 and the Fees and Billing Terms (for amounts due), Sections 8, 9.4, 9.5, 9.7, 13 to 17 and 19, and any provision that by its nature should survive, survive termination.

13. DISCLAIMERS

EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICE, AI OUTPUT AND ALL CONTENT AND MATERIALS PROVIDED BY FLOXAR ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOXAR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLOXAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST OR CORRUPTED, THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE, OR THAT ITS SECURITY MEASURES WILL PREVENT EVERY UNAUTHORIZED ACCESS. CUSTOMER IS RESPONSIBLE FOR MAINTAINING ITS OWN COPIES OF CUSTOMER CONTENT.

14. LIMITATION OF LIABILITY

14.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOXAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE OR DATA, COST OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM THE FAILURE OF SECURITY MECHANISMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.

14.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOXAR'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, INCLUDING ANY SUPPLEMENTAL TERMS, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY CUSTOMER TO FLOXAR FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY U.S. DOLLARS (USD 50).

14.3 Application. These limitations apply even if a remedy fails of its essential purpose, and they allocate risk in a way reflected in the fees. Nothing in the Agreement limits liability that cannot be limited under applicable law.

15. INDEMNIFICATION

15.1 By Customer. Customer will defend Floxar, its affiliates and their officers, directors, employees and agents against any claim, demand, suit or proceeding brought by a third party arising out of or relating to (a) Customer Content; (b) the use of the Service by Customer, its Users, its agents or clients connected to its account; (c) any system or service Customer connects to the Service; or (d) Customer's breach of the Agreement or of law, and will pay the damages, fines, settlements and costs (including reasonable attorneys' fees) resulting from it.

15.2 Procedure. Floxar will notify Customer of the claim, except that a delay relieves Customer only to the extent it is prejudiced. Floxar may control the defence and settlement with counsel of its choice at Customer's expense, or allow Customer to do so; Customer may not settle a claim that imposes any obligation or admission on Floxar without its written consent.

16. CONFIDENTIALITY

Floxar will treat Customer Content as confidential and will not disclose it except to its personnel and Sub-processors who need it to provide the Service and are bound by confidentiality obligations, as Customer directs, as the Agreement permits, or as required by law (in which case Floxar will notify Customer where legally permitted).

17. DISPUTE RESOLUTION

17.1 Governing law. The Agreement is governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules, and by the Federal Arbitration Act for this Section 17. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal resolution. Before starting arbitration or a court action, a party will send the other a written description of the dispute (to Floxar at legal@floxar.com), and the parties will try in good faith to resolve it for 30 days.

17.3 Binding arbitration. Any dispute, claim or controversy arising out of or relating to the Agreement or the Service, including its formation, scope or enforceability, will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or its Streamlined Arbitration Rules and Procedures where they apply), before a single arbitrator. The seat of arbitration is Wilmington, Delaware, and hearings may be held by video. The arbitrator's award is final and may be entered in any court of competent jurisdiction.

17.4 Individual claims only; jury waiver. CLAIMS MAY BE BROUGHT ONLY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT CUSTOMERS OR AWARD RELIEF TO ANYONE BUT THE INDIVIDUAL PARTY. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. If this Section 17.4 is found unenforceable as to a claim, that claim will proceed in court under Section 17.7, and not in arbitration.

17.5 Opt-out. Customer may opt out of arbitration under Section 17.3 by emailing legal@floxar.com within 30 days after first accepting these Terms, stating its name, account and intent to opt out. Opting out does not affect any other part of the Agreement, including the jury waiver.

17.6 Mass filings. If 25 or more similar demands are filed against Floxar by or with the assistance of the same law firm or coordinated parties, they will be administered in batches of no more than 25, with one arbitrator per batch, and the next batch will not be filed or charged fees until the previous batch is resolved. The statute of limitations is tolled for claims awaiting a batch.

17.7 Exceptions and courts. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information or to stop unauthorized use of the Service. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and each party submits to their jurisdiction.

17.8 Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises.

18. CHANGES TO THESE TERMS

18.1 Notice. Floxar may update these Terms. Floxar will notify Administrators of a material change by email or in the Service at least 15 days before it takes effect, and will post the updated Terms with their effective date. A change required by law, a change needed for security or abuse-prevention reasons, or a change that only adds functionality or is more favourable to Customer may take effect sooner.

18.2 Acceptance. Continued use of the Service after the effective date constitutes acceptance. If Customer does not agree, Customer may stop using the Service and cancel before the effective date, and the previous Terms continue to apply until then. Changes to Section 17 do not apply to disputes of which Floxar had notice before the change.

19. GENERAL

19.1 Assignment. Customer may not assign the Agreement without Floxar's written consent, except to a successor in a merger, acquisition or sale of all or substantially all of its assets on notice to Floxar. Floxar may assign the Agreement without consent. Any other assignment is void.

19.2 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, such as natural disasters, acts of government, war, terrorism, labour disputes, failures of utilities, networks or third-party hosting, or denial-of-service attacks, other than an obligation to pay money.

19.3 Export and sanctions. Customer will comply with applicable export control and sanctions laws, and represents that neither it nor its Users is located in, or is a resident or national of, a country subject to comprehensive U.S. sanctions, or is on a U.S. government list of restricted parties.

19.4 Publicity. Floxar may identify Customer by name and logo as a customer. Customer may ask Floxar to stop at any time by emailing legal@floxar.com.

19.5 Notices. Floxar may give notices by email to Administrators or to the account's registered address, or in the Service; Customer is responsible for keeping those addresses current. Customer will give legal notices to legal@floxar.com. Email notices are received when sent.

19.6 Entire agreement. The Agreement is the entire agreement between the parties about its subject and supersedes all prior or contemporaneous agreements and statements about it. Product documentation, security summaries and marketing materials are informational and are not part of the Agreement unless it says so.

19.7 Severability and waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of the Agreement remains in effect. A failure to enforce a provision is not a waiver of it.

19.8 Relationship. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship, or any third-party beneficiary rights.

19.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation".

20. CONTACT

Floxar, Inc. · Legal notices: legal@floxar.com · Support: help@floxar.com · Privacy: privacy@floxar.com