Terms of Service

Effective Date: February 5, 2026

1. Acceptance of Terms

By accessing or using the Flowstate Industrial platform ("Service"), operated by Flowstate Industrial LLC("Company," "we," "us"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

Flowstate Industrial provides an Industrial Internet of Things (IIoT) monitoring platform for manufacturers, including:

  • Hardware sensor kits (LoRaWAN sensors, gateways, edge compute devices)
  • Cloud-based data collection, storage, and visualization
  • Real-time dashboards and alerting
  • AI-powered support and recommendations
  • Predictive maintenance analytics

3. Accounts and Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

4. Subscription Plans and Payment

4.1 Plans

The Service is offered under the following subscription plans: a Free tier (Device Library access and documentation only; no data collection); a Flowstate Starter plan (flat monthly rate, single-site cap, unlimited sensors and infrastructure endpoints); Flowstate Connect (per-machine pricing, minimum 3 machines, customer provides own hardware and MQTT broker); and Flowstate Fleet (per-machine pricing, minimum 5 machines, includes hardware, managed broker, and machine-level OEE). Features, device limits, data retention, and support levels vary by plan as specified in your service agreement.

4.2 Billing

Paid plans are billed monthly in advance via Stripe. Fleet plans have a 12-month minimum commitment; Connect plans are month-to-month. By subscribing, you authorize us to charge your payment method on a recurring basis. All fees are in US dollars unless otherwise stated. There is no setup fee on any plan.

4.3 Guarantee

Starter & Connect: 14-Day Money-Back Guarantee. If you are not satisfied within 14 days of your subscription start, request a full refund — no questions asked. Fleet: 30-Day Data Promise. Data flowing within 30 days of hardware installation or first-month subscription refund. Fleet: 90-Day ROI Guarantee. See measurable operational value within 90 days or up to 3 months of subscription fees refunded. Fleet: Fair Exit. Month-6 exit ramp — cancel with 30 days notice after month 6 with no penalty. Hardware transfers to you at month 12; must be returned if exiting before month 12.

4.4 Cancellation

You may cancel your subscription through the Settings page or by emailing support. Connect: Cancel anytime — no hardware to return, no early termination penalty. Fleet: Early termination (before month 6) requires 30 days notice and hardware return. After month 6, the Fair Exit ramp applies. No prorated refunds are issued for partial months beyond the guarantee periods.

5. Hardware

5.1 Ownership

Hardware is included in your subscription and pre-configured before shipping. Ownership of hardware transfers to you at month 12 of your subscription. Before month 12, hardware remains the property of Flowstate Industrial.

5.2 Installation

Flowstate Industrial provides configuration support and installation guidance. You are responsible for physical mounting, network connectivity, and providing electrical power at your facility.

5.3 Hardware Return Policy

If you exit your subscription before month 12, hardware must be returned within 30 days of cancellation:

  • Return shipping: Customer pays return shipping costs
  • Working condition: Hardware must power on, connect to network, and run the Flowstate software stack. Normal wear (scratches, dust) is acceptable. Physical damage (cracked enclosure, water damage, missing components) may result in a replacement fee at BOM cost
  • Return process: Contact support for a return authorization (RA) number. Ship to the address provided with the RA number visible on the package
  • Timeline: Returns must be initiated within 30 days of cancellation. Unreturned hardware after 60 days will be invoiced at BOM cost

5.4 Warranty

Flowstate Industrial does not manufacture hardware. Third-party hardware is covered by the manufacturer's warranty. Flowstate will assist with warranty claims during your subscription period.

6. Data Ownership and Usage

6.1 Your Data

You retain all ownership of sensor data, operational data, and any content you upload to the Service ("Customer Data"). We do not sell, share, or use Customer Data for purposes other than providing the Service.

6.2 Data Processing

We process Customer Data solely to deliver the Service (storage, visualization, alerting, analytics). Data is transmitted from your facility via encrypted MQTT (TLS 1.3) and stored in cloud infrastructure. See our Privacy Policy for details.

6.3 Data Retention

Data retention periods vary by plan. Paid plans (Flowstate Starter and Flowstate Fleet) include 365 days of hot-tier data (queryable time-series) and 2 years of archive-tier data (exportable on request). The Free tier does not include data collection or retention. Upon cancellation, Customer Data is retained for 30 days to allow export, then permanently deleted.

6.4 Data Export

You may request an export of your Customer Data at any time by contacting support. We will provide data in a standard machine-readable format (CSV or JSON) within 10 business days.

7. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to any part of the Service
  • Reverse engineer, decompile, or disassemble any software component
  • Exceed the device or usage limits of your subscription plan
  • Use the Service to store or transmit malicious code
  • Resell or redistribute the Service without written consent

8. Intellectual Property

The Service, including all software, dashboards, algorithms, documentation, and branding, is owned by Flowstate Industrial LLC and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or brand assets.

9. Third-Party Services

The Service integrates with third-party providers including Clerk (authentication), Stripe (payments), HiveMQ (MQTT broker), InfluxDB (time-series database), and Grafana (visualization). Your use of these integrations is subject to their respective terms. We are not responsible for third-party service outages or changes.

10. Service Availability

We strive for high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We do not currently offer a formal uptime service-level agreement (SLA); any SLA commitments must be explicitly set forth in a separately negotiated and signed agreement.

10.1 Support Response

For paid plans, we target a 24-hour response time during business days (Monday-Friday, 9 AM - 5 PM ET) for support inquiries submitted via email. This is a service target, not a guaranteed SLA. Actual response times may vary. Any binding SLA commitments must be set forth in a separately negotiated agreement.

10.2 Warranty Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.3 (GUARANTEES), THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLOWSTATE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

The guarantees in Section 4.3 (30-Day Data Promise and 90-Day ROI Guarantee) are the sole and exclusive remedies for service performance — if the stated conditions are not met, the refund described in each guarantee is the full extent of Flowstate's obligation.

10.3 AI and Recommendations

The Service includes AI-powered features (alerts, recommendations, agent actions) that process your operational data. AI outputs are informational guidance, not operational directives. You are solely responsible for decisions made based on AI recommendations. Flowstate is not liable for losses arising from action or inaction based on AI outputs.

Operational data processed by AI features may be sent to third-party AI providers (currently Anthropic) for real-time inference only. Your data is not used to train third-party AI models. See our Privacy Policy for details.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSTATE INDUSTRIAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

The Service monitors industrial equipment but is not a safety system. You remain solely responsible for workplace safety, equipment maintenance decisions, and compliance with safety regulations.

12. Indemnification

You agree to indemnify and hold harmless Flowstate Industrial LLC, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or if required by law. Upon termination, your right to use the Service ceases immediately. Sections 6, 8, 11, 12, and 14 survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Ohio, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Stark County, Ohio, except that either party may seek injunctive relief in court for intellectual property infringement.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the Service after changes constitutes acceptance.

16. Contact

For questions about these Terms, contact us at legal@flowstateindustrial.com.

Flowstate Industrial LLC
Massillon, OH 44646
United States