Terms of Service

1. Acceptance of Terms

By creating an account or accessing dramwell.ai ("the Service", "Platform"), you agree to be legally bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, you may not access or use the Service.

2. Subscription & Billing

FluteOS offers prepaid subscription plans. Your subscription fee covers platform access and a fixed allocation of features for the billing period. Variable usage (such as AI voice minutes, SMS messages, and additional contacts) is charged against a separate usage balance that you pre-fund. When your usage balance falls below a defined threshold, you authorize FluteOS to automatically reload your balance using your payment method on file. All prices are quoted and charged in United States Dollars (USD).

3. Payment

A valid credit or debit card is required to access paid features of the Service. Subscription fees are billed in advance at the start of each billing period (monthly or annual, as selected). Usage charges are deducted from your pre-funded balance in real time. If a payment fails, FluteOS will notify you and provide a 72-hour grace period to update your payment method. Failure to cure a payment failure within the grace period may result in suspension of your account until payment is received.

4. Free Trial

FluteOS may offer a 30-day free trial for new accounts. A valid payment method is required to start a free trial. Your card will not be charged during the trial period. Unless you cancel before the trial ends, your subscription will automatically convert to a paid plan and your payment method will be charged at the applicable rate. Free trials are limited to one per organization and may not be combined with other promotional offers.

5. Cancellation & Refunds

You may cancel your subscription at any time through the account dashboard or by contacting customer support. Cancellation takes effect at the end of the current billing period; you retain full access to the Service until that date. FluteOS does not provide refunds for any unused portion of a prepaid subscription period. Pre-funded usage balance is non-refundable.

Following cancellation, your account and associated data will remain in a read-only state for 30 days. After that period, your account and data will be permanently deleted. You are responsible for exporting any data you wish to retain before the deletion window closes.

6. Service Availability

FluteOS targets 99.9% monthly uptime for the core platform. We will endeavor to provide at least 48 hours of advance notice for scheduled maintenance that may impact availability. FluteOS is not liable for downtime or degraded performance caused by third-party providers (including telecommunications carriers, AI model providers, or cloud infrastructure), force majeure events, or actions taken by the customer.

7. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations, including the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA). You must obtain proper prior express written consent from recipients before sending marketing messages. All outbound communications must include a clear and conspicuous opt-out mechanism, and opt-out requests must be honored promptly.

The following uses are strictly prohibited:

• Sending unsolicited commercial messages (spam) or phishing content
• Harassment, threats, or abusive communications
• Distributing malware, viruses, or harmful code
• Illegal content or facilitation of illegal activity
• Impersonating any person or entity
• Circumventing platform rate limits or security controls

Violations of this section may result in immediate account suspension without notice.

8. Data & Privacy

FluteOS processes personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of all customer data you upload to or generate through the Service. You grant FluteOS a limited, non-exclusive license to process that data solely for the purpose of providing and improving the Service. FluteOS may use aggregated, anonymized, and de-identified data to improve platform performance and develop new features. Upon account deletion, FluteOS will delete your personal data within 30 days, subject to legal retention obligations.

9. Intellectual Property

FluteOS retains all rights, title, and interest in and to the Platform, including all software, algorithms, designs, trademarks, and documentation. Nothing in these Terms transfers any ownership rights to you. You grant FluteOS a limited license to display your business name, logo, and content within the Platform solely to provide the Service.

10. Limitation of Liability

To the fullest extent permitted by applicable law, FluteOS's total cumulative liability to you arising out of or related to these Terms or your use of the Service will not exceed the total fees paid by you to FluteOS in the twelve (12) months immediately preceding the event giving rise to the claim.

In no event will FluteOS be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, or business interruption, even if FluteOS has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless FluteOS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Modifications

FluteOS reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or an in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.

14. Contact

If you have questions about these Terms of Service, please contact us: