Terms of Use

These Terms of Use ("Terms") govern access to and use of the ALTITUDE website, software, trial offerings, subscriptions, related support, communications, and related services (collectively, the "Services") offered by Flowpoint Marketing, LLC ("Flowpoint," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

1. Eligibility and Authority

You must be at least 18 years old and have the legal capacity and authority to enter into these Terms. If you use the Services on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind that entity, and "you" and "your" refer to both you and that entity.

You may use the Services only in compliance with applicable laws, rules, and regulations.

2. Accounts and Registration

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activity occurring under your account; and
• notifying us promptly at support@runaltitude.com if you suspect unauthorized access, misuse, or a security incident involving your account.

We may suspend or disable credentials that we reasonably believe have been compromised or used in violation of these Terms.

3. Trials, Subscriptions, Billing, and Payments

We may offer free or discounted trials, pilot access, beta features, or promotional pricing. Trial eligibility, duration, features, limits, and conversion terms will be described at sign-up or in the applicable offer.

If you purchase a paid subscription, you agree to pay all fees, charges, taxes, and other amounts disclosed at checkout or in your order form. If your plan renews automatically, you authorize us and our third-party payment processor to charge the applicable payment method on a recurring basis until canceled.

Unless otherwise stated in an order form or required by law:

• fees are stated in U.S. dollars;
• fees are non-refundable;
• partial subscription periods will not be prorated or refunded; and
• you are responsible for applicable taxes, duties, levies, or similar governmental assessments, excluding taxes based on our net income.

Payment processing may be provided by Stripe or other third-party payment processors, and your payment may be subject to their terms and privacy practices.

We may change pricing, packaging, or features prospectively. We will provide advance notice where required by law or where reasonably practicable.

4. Acceptable Use

You may not, and may not permit any third party to, use the Services to:

• violate any applicable law, regulation, or third-party right;
• upload, transmit, or distribute malware, malicious code, harmful scripts, spam, deceptive content, or unlawful material;
• probe, scan, test, or circumvent the security, integrity, or vulnerability of the Services or any related system;
• gain or attempt to gain unauthorized access to accounts, data, networks, or environments;
• interfere with, disrupt, degrade, or overload the Services or other users' use of the Services;
• reverse engineer, decompile, disassemble, copy, frame, mirror, scrape, or otherwise attempt to derive source code, trade secrets, or underlying ideas except to the limited extent such restriction is prohibited by law;
• use the Services for fraudulent, abusive, harassing, misleading, or infringing activity;
• access the Services for competitive benchmarking or to build a competing product or service; or
• use the Services in any manner inconsistent with the documentation, plan limits, or authorized scope of use.

We may investigate suspected violations and may suspend or terminate access, remove content, or take other appropriate action.

5. Communications and Messaging

The Services may involve email, SMS, calling, voicemail, scheduling, automation, reminders, and related communications functionality, including functionality provided through third-party platforms, carriers, or integrators. Deliverability, routing, and message completion depend in part on third parties outside our control and are not guaranteed.

If you opt in to receive direct text messages from ALTITUDE regarding demos, appointments, support, account activity, billing, product updates, or marketing, your participation is also subject to our SMS Terms & Messaging Terms, which supplement these Terms with messaging-program-specific disclosures, opt-out instructions, and related conditions.

You are solely responsible for obtaining any notices, consents, and permissions required for communications you send or automate through the Services and for complying with applicable email, telemarketing, call recording, consumer protection, privacy, and anti-spam laws.

6. Customer Data and Content

As between you and Flowpoint, you retain ownership of content, materials, data, or information you submit to the Services ("Customer Content"). You grant us and our service providers a non-exclusive, worldwide, limited license to host, store, reproduce, transmit, modify as necessary for formatting, and otherwise use Customer Content solely to provide, maintain, secure, improve, and support the Services, to comply with law, and to enforce these Terms.

You represent and warrant that:

• you have all rights, permissions, and lawful bases needed for Customer Content and your use of the Services;
• Customer Content does not violate these Terms or applicable law; and
• your submission and our authorized use of Customer Content as described in these Terms will not infringe, misappropriate, or otherwise violate any third-party rights.

You are solely responsible for Customer Content and for maintaining any backups you require.

7. Ownership and Intellectual Property

The Services, including all software, technology, designs, text, graphics, interfaces, workflows, documentation, trademarks, service marks, and other materials provided by us, are owned by or licensed to Flowpoint and are protected by intellectual property and other laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription or permitted access period for your internal business or personal use, as applicable.

Except as expressly allowed in these Terms, you may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, publish, create derivative works from, or otherwise exploit the Services.

8. Feedback

If you provide ideas, suggestions, comments, or feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable right to use, disclose, reproduce, modify, distribute, and otherwise exploit that Feedback for any lawful purpose without restriction or obligation to you.

9. Third-Party Services and Links

The Services may integrate with, rely on, or contain links to third-party websites, tools, software, content, or services. We do not control and are not responsible for third-party services, and your use of them may be subject to separate third-party terms and privacy practices.

We are not liable for any loss or damage arising from your use of or reliance on third-party services.

10. Availability, Changes, and Beta Features

We may modify, update, suspend, discontinue, or limit any aspect of the Services at any time, including features, functionality, integrations, or plan tiers.

From time to time, we may offer alpha, beta, pilot, preview, or early-access functionality (collectively, "Beta Features"). Beta Features are provided strictly "as is" and may be changed, suspended, or discontinued at any time without notice. Beta Features may be more prone to errors and may not be suitable for production use.

11. Suspension and Termination

You may stop using the Services at any time and may cancel any subscription in accordance with the cancellation terms presented at sign-up or in your account.

We may suspend, limit, or terminate your access to some or all of the Services immediately if:

• you breach these Terms;
• you fail to pay amounts due;
• we reasonably believe your use creates legal exposure, security risk, or harm to us, the Services, or others; or
• we are required to do so by law or a governmental request.

We may also discontinue the Services or terminate your access for convenience with reasonable prior notice where practicable.

Upon termination, your right to use the Services ends immediately, but Sections that by their nature should survive will survive, including sections relating to payment obligations accrued before termination, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

12. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWPOINT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

YOU USE THE SERVICES AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWPOINT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FLOWPOINT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO FLOWPOINT FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless Flowpoint and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Services;
• your Customer Content;
• your violation of these Terms or applicable law; or
• your infringement, misappropriation, or violation of any third-party right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with that defense.

15. Governing Law and Dispute Resolution

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by the laws of the State of Missouri, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

Informal Resolution

Before filing any claim, the parties agree to try in good faith to resolve the dispute informally. A party seeking to initiate a claim must first send a written notice describing the dispute and the requested relief to legal@runaltitude.com. The parties agree to attempt informal resolution for at least thirty (30) days after the notice is received before filing suit or initiating arbitration.

Binding Arbitration

Except for the exclusions below, any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. Arbitration will be conducted in English by a single arbitrator.

Unless applicable law requires otherwise, arbitration will take place in Franklin County, Missouri, or remotely by video, telephone, written submissions, or another location mutually agreed by the parties.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FLOWPOINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, consolidated, mass, or representative proceeding.

Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FLOWPOINT WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING TO THESE TERMS OR THE SERVICES.

Exceptions

Nothing in this Section prevents either party from:

• bringing an individual claim in small claims court, if eligible;
• seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, misuse of intellectual property, or unauthorized access to systems or data; or
• enforcing an arbitration award in a court of competent jurisdiction.

If the arbitration or class action waiver provisions are found unenforceable as to a particular claim or remedy, then that claim or remedy must be severed and litigated exclusively in the state courts located in Franklin County, Missouri, or, where federal jurisdiction exists, the United States District Court for the Eastern District of Missouri, and the parties consent to that venue and personal jurisdiction.

16. Export and Sanctions Compliance

You may not access or use the Services in violation of U.S. export control, sanctions, or similar laws. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive embargoes, and that you are not identified on any applicable government restricted-party list.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms and update the "Last updated" date above. We may also provide notice by email, in-product notice, or other reasonable means where appropriate. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms.

18. Miscellaneous

These Terms, together with any applicable order form, subscription terms, or policies expressly incorporated by reference, constitute the entire agreement between you and Flowpoint regarding the Services and supersede prior or contemporaneous understandings regarding the Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision or any other provision. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

19. Contact

If you have questions about these Terms, contact:

Flowpoint Marketing, LLC
Email: legal@runaltitude.com
Support: support@runaltitude.com