Terms of Service

1. Agreement and Acceptance

These Terms of Service ("Terms") govern your use of the Flumen Data Analytics service ("Service"), operated by Joseph Velez, doing business as Flumen Data Analytics, Fort Collins, Colorado ("Flumen", "we", "us"). By creating an account, completing checkout, or using the Service, you ("Client", "you") agree to these Terms. If you are accepting on behalf of a business, you represent that you have authority to bind that business.

2. The Service

Flumen provides data analytics dashboards for restaurants, food trucks, breweries, and similar food and beverage businesses. The Service includes:

• Connection to your point-of-sale system (Square, Toast, or Clover) via secure, read-only access, or import of sales data you export from another POS system.
• Custom dashboards built from your sales data, accessible through your private client portal.
• Automatic nightly synchronization of your sales data for supported direct connections.

Dashboards are typically live within 3 business days of your data being connected. The specific dashboards provided depend on your business type, the number of locations you operate, and the data available from your POS system. Flumen may adjust deliverables with reasonable notice if technical limitations arise, including limitations in the data your POS system makes available.

3. Free Trial, Fees, and Billing

• The Service is offered at $49 per month with a 7-day free trial. There are no setup fees.
• A valid payment card is collected at signup. Your card is not charged during the trial. Billing begins automatically when the trial ends, and we will email you a reminder before your first charge.
• Subscriptions are billed monthly in advance through our payment processor, Stripe. You may cancel at any time; cancellation stops future billing, and no refunds are issued for the current billing period.
• If a payment fails, we will notify you and Stripe will retry the charge. Continued non-payment may result in suspension of access to the Service until payment is received. We will provide notice before suspending access.
• Flumen may change pricing with at least 30 days advance notice by email. Price changes take effect at your next billing cycle after the notice period.

4. Term, Cancellation, and Effect of Termination

The Service continues month to month until cancelled. You may cancel at any time, with no notice period and no cancellation fee, by contacting support@flumendataanalytics.com or through any self-service cancellation option we provide. Flumen may terminate or suspend the Service for material breach of these Terms, including non-payment, with notice. Upon termination:

• Your access to the client portal and dashboards ends at the close of your final paid billing period (or at the end of your trial, if you cancel during the trial).
• Flumen will disconnect access to your point-of-sale data within 48 hours of termination.
• You may request deletion of your data at any time, including after termination, by contacting support@flumendataanalytics.com. We will permanently delete your data from our systems within 30 days of your request.
• Any outstanding payment obligations survive termination.

5. Your Data, Access, and Privacy

Flumen acts as a data processor on behalf of Client, who remains the data controller of their business information. Flumen requires read-only access to your point-of-sale transaction data solely to provide the Service. Flumen agrees that:

• Flumen accesses only the minimum data necessary to deliver the Service: transaction totals, timestamps, payment types, and item-level sales data. No identifying, personal, or confidential customer data is accessed or processed, including customer names, contact details, and payment card numbers.
• Your transaction data is used to generate analytics and dashboards for you. We may also use aggregated, anonymized data that does not identify you or your business to improve our services and develop benchmarks.
• Your data is stored on secured, access-controlled, encrypted servers hosted on DigitalOcean infrastructure. DigitalOcean acts as a subprocessor and stores data in accordance with its published security standards.
• Your data will never be sold, shared, or disclosed to any third party without your explicit written consent, except as required to operate the Service or comply with law.
• In the event of a confirmed data breach affecting your data, Flumen will notify you within 72 hours of discovery.

Flumen operates in compliance with the Colorado Privacy Act and applicable U.S. data protection regulations. Additional detail is provided in our Privacy Policy, which is incorporated into these Terms.

6. Confidentiality

Both parties agree to keep confidential all non-public information shared in connection with the Service, including business performance data, pricing, methodology, and operational details. This obligation survives termination for a period of two (2) years. Any use of your name, logo, or business results in Flumen's marketing materials requires your separate written permission.

7. Intellectual Property

Flumen retains ownership of all proprietary tools, methodologies, software, scripts, dashboard designs, and analytical frameworks used or developed in providing the Service. You retain ownership of your underlying business data. Use of Flumen's materials to replicate or re-create the Service without Flumen's written consent is prohibited.

8. Acceptable Use

You agree to use the Service only for lawful business purposes, to provide accurate information at signup, to keep your portal login credentials secure, and not to attempt to access other clients' data, probe or disrupt the Service, or resell access to the Service without Flumen's written consent.

9. Disclaimers and Limitation of Liability

The Service is provided for informational and analytical purposes only. Dashboards and analytics depend on the data provided by your point-of-sale system, and Flumen does not warrant that data or analytics will be error-free or uninterrupted. Flumen makes no guarantees regarding business outcomes resulting from use of the Service, and business decisions you make based on the Service are your responsibility.

To the maximum extent permitted by law, Flumen shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Service. Flumen's total liability under these Terms shall not exceed the total fees paid by you in the three (3) months preceding the claim. Flumen is not liable for data loss resulting from circumstances beyond its reasonable control, including third-party infrastructure failures.

10. Indemnification

Flumen shall defend, indemnify, and hold harmless Client from losses arising from Flumen's gross negligence or willful misconduct, or Flumen's material breach of these Terms. Client shall defend, indemnify, and hold harmless Flumen from losses arising from Client's misuse of the Service or Client's material breach of these Terms. Neither party is obligated to indemnify the other for losses arising from the indemnified party's own negligence, willful misconduct, or bad faith.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic or public health emergency, government actions, power outages, internet or telecommunications failures, or third-party infrastructure failures including cloud hosting providers, point-of-sale providers, and payment processors. If a force majeure event prevents performance for more than thirty (30) days, either party may terminate without penalty.

12. General

• Non-exclusivity: Flumen may provide the same or similar services to other businesses, including businesses in your industry or area.
• Independent contractor: Flumen is an independent contractor and not an employee, partner, or agent of Client.
• Survival: Sections 5, 6, 7, 9, 10, and 13 survive termination, along with any outstanding payment obligations.
• Changes to these Terms: Flumen may update these Terms with reasonable notice, posted on our website or sent by email. Continued use of the Service after changes take effect constitutes acceptance.
• Entire agreement: These Terms, together with the Privacy Policy, are the entire agreement between you and Flumen regarding the Service.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. The parties will attempt in good faith to resolve any dispute informally before pursuing formal proceedings. Any legal action shall be brought in the state or federal courts located in Colorado.

14. Contact

Questions about these Terms: support@flumendataanalytics.com