Terms of Service

1This agreement

These Terms of Service are an agreement between Flowsier LLC, a Wyoming (United States) limited liability company (“SymoLink”, “we”, “us”), and the company that creates a SymoLink account (“you”). They cover symolink.com, the dashboard at app.symolink.com, the SymoLink Android app, the SymoLink Box software and our support (together, “SymoLink” or the “Service”).

You agree to them when you tick “I agree” at sign-up, or when you use SymoLink. The person who agrees confirms that they are at least 18 and have authority to bind the company. SymoLink is for businesses only, not for personal or household use.

Our Privacy Policy and our Data Processing Addendum (“DPA”) are part of these Terms. If they conflict about personal data, the DPA wins.

2Words we use

• Agency: a company that sets up SymoLink for its own clients.
• Business: a company that uses SymoLink only for itself.
• Client: a business an agency serves, with its own client account inside the agency.
• Seat: what you pay for. An SMS Gateway seat is one active gateway phone; a Call Gateway seat is one SymoLink Box assigned to a client account.
• Gateway phone: an Android phone with a SIM card that runs the SymoLink app and sends and receives your texts and calls.
• SymoLink Box: a small computer that links to a gateway phone over Bluetooth so calls can be made and answered from the browser.
• Your data: the contacts, messages, calls, recordings and other content that you, your clients and your users put into or send through SymoLink.
• Users: the people you, or your clients, let sign in.

3What SymoLink is, and is not

SymoLink connects your CRM to phones you own, so texts and calls go out from your own numbers. We provide the software, the servers and support. We will make reasonable efforts to keep SymoLink available and to fix problems, but we do not promise it will always be available or error-free, and we may change or improve features.

SymoLink is not a phone company and not for emergencies. Texts and calls travel over your mobile carrier, through your phone. We do not control the carrier network and cannot promise that a message is delivered or a call connects. Do not use SymoLink to contact emergency services; use a phone directly.

Some features (for example WhatsApp, AI call summaries, or new features we mark as early) may be offered only to some accounts, may change, and may be withdrawn.

4Accounts and security

• Give true details when you sign up and keep them up to date, especially your email.
• The person who signs up is the account Owner. You are responsible for everything your users and your clients’ users do in SymoLink.
• Keep passwords, the mobile app password and activation codes secret. Tell us at once if you think someone got into your account.
• Gateway phones and Boxes must be kept where only you or your client can reach them.

5Agencies and whitelabel

• Your brand: agencies may offer SymoLink to their clients under the agency’s own name and brand (“whitelabel”), and set their own prices. You may not claim to have built SymoLink or remove our notices from the software itself.
• Your clients are yours: you make your own agreement with each client, bill them and support them. We have no contract with your clients and do not support them directly. If one contacts us, we will send them to you.
• Pass the rules on: your agreement with each client must be at least as protective as these Terms on texting and calling rules (section 8), acceptable use (section 9) and data protection (the DPA). You are responsible to us for what your clients do in SymoLink.
• Our support for you: we support agencies and businesses by email at [email protected] and aim to reply within 24 hours. This is a goal, not a guarantee.
• Support access: our team can open your account to help only while you allow it in Agency Settings → SymoLink support. Every visit is written in your audit log.

6Seats, fees and payment

• Price: $9.97 (US dollars) per seat in use per month, plus any tax due. With no phones or Boxes set up, you pay nothing.
• No trial and no free seats: you pay from day one for every seat in use, including seats you give your clients for free.
• Card and subscription: you add a card at sign-up through Stripe, and we bill it each month. Sending stays paused until a card is on file. Card details stay with Stripe; we never see or store them.
• Changes in the month: when seats are added or removed during a month, the charge is prorated.
• Seats stop counting when a phone is removed, a Box is unassigned, a client account is suspended, or its CRM removes the SymoLink app.
• Late payment: if a payment fails and stays unpaid for 5 days, we pause your account (sending from your phones stops) until it is paid. We email you before the pause.
• Refunds: fees are not refundable, except where the law requires or we agree in writing.
• Price changes: we will tell you at least 30 days before a price change takes effect. You can cancel before it does.
• Taxes: prices do not include taxes. You pay any sales, use, value added or similar tax on our fees, other than taxes on our income.
• SymoLink Box hardware: if you buy a Box, its price, delivery and any hardware warranty are those shown when you order it.

7Your phones, SIMs and carriers

• You supply and pay for the gateway phones, their SIM cards, mobile plans, Wi-Fi and power. We are not responsible for carrier charges.
• You must follow your carrier’s terms. Many carriers do not allow automated or bulk messaging, or using many SIMs to get around their limits. If a carrier blocks a SIM or a number, that is between you and the carrier.
• You must have the right to use every phone number you connect.

8Texting and calling rules

You are responsible for following every law and rule that applies to your texts and calls, in every country you send to or call. That includes getting consent where it is needed, honouring opt-outs, sending only at permitted times, identifying yourself, and keeping the records the law asks for.

• Conversational, not unsolicited marketing: SymoLink is for conversations with your own contacts who expect to hear from you. Do not send unsolicited marketing or bulk messages to people who have not agreed to receive them.
• Opt-outs: stop texting anyone who replies STOP or otherwise asks you to stop, at once.
• The United States and Canada are allowed with conditions. You are responsible for following carrier rules and the laws there, including the Telephone Consumer Protection Act (TCPA) and Canada’s Anti-Spam Legislation (CASL). Before messages sent automatically or in bulk from phones with a US or Canadian SIM can go out, the account must accept these conditions (at sign-up or in Your SymoLink plan → Country terms). Until then, those messages wait; replies a person types still go. Phones in these countries also start with lower daily limits and a shorter sending window.
• Other countries: we may add conditions, lower limits or blocks for other countries. We show them in the dashboard.
• Call recording: some places require everyone on a call to agree before it is recorded. If you switch recording on, you are responsible for any notice and consent needed. By default SymoLink plays a short recording notice when recording is on.
• Sending limits: SymoLink applies daily limits and pacing to protect your numbers. You may change some limits, but you remain responsible for what you send.

9Acceptable use

You, your clients and your users must not use SymoLink to:

• send spam, or unsolicited marketing to people who have not agreed to receive it;
• phish, scam, impersonate others, or deceive people about who is texting or calling;
• send or store illegal content, or content that harasses, threatens, exploits or harms anyone, including children;
• run SIM farms or SIM boxes, or use many SIMs or numbers to get around carrier limits or terms (“snowshoeing”);
• make robocalls or prerecorded calls without the consent the law requires;
• break any law, including privacy, anti-spam, consumer protection and telecommunications laws, or anyone’s rights;
• send malware, or try to get into accounts, systems or data that are not yours;
• overload, attack, copy, reverse engineer or resell SymoLink, except as section 5 allows agencies; or
• help anyone else do any of these.

We may look into suspected misuse, remove content, lower limits, and report unlawful activity to the authorities.

10Other services you connect

SymoLink works with services we do not run: your CRM, your mobile carrier, payment providers, AI providers you connect for call summaries, and WhatsApp if you link it. You use them under their own terms, and you are responsible for having the right to connect them. We are not responsible for them, their availability, or changes they make. If a service changes or ends its connection, the matching SymoLink feature may stop working.

WhatsApp, where offered, connects through a linked WhatsApp account and is not an official WhatsApp Business API service. WhatsApp may limit or ban numbers that it believes break its terms. You use it at your own risk.

If you connect your own AI keys for call summaries, recordings and transcripts are sent to those providers under your account with them.

11Your data and privacy

• Your data stays yours. You give us permission to host, copy, send and process it only to provide SymoLink to you, to keep it secure, and as the law requires.
• You are responsible for your data: for having the right to collect it, for the notices and consents your contacts need, and for its accuracy.
• We handle personal data in your data as your processor under the DPA, and our own account data as our Privacy Policy says.
• We may use counts and statistics about how SymoLink is used (with no content and nothing that identifies a person) to run and improve it.
• If you send us ideas or feedback, we may use them freely.

12Our software

SymoLink, including its software, the Android app, the Box software, designs and documentation, belongs to us and our licensors. While you follow these Terms, we give you a limited, non-exclusive, non-transferable right to use it for your business and, for agencies, to provide it to your clients. You may install the SymoLink Android app only on gateway phones used with your account. Nothing else is licensed to you.

13Suspension

We may pause or suspend all or part of your account, a client account, a phone or a Box:

• for non-payment, as section 6 says;
• if we reasonably believe it is being used for spam, fraud, abuse or anything section 9 forbids;
• if a carrier, the law or a court requires it, or to protect SymoLink, other customers or the public from harm or a security risk.

Where we can, we will tell you first and give you a chance to fix the problem. When the reason is gone, we restore the account. Fees continue during a suspension caused by you.

14Ending the agreement

• You can cancel any time from Your SymoLink plan. The subscription then ends at the end of the period already paid for.
• We can end this agreement with 30 days’ notice, or at once if you seriously or repeatedly break these Terms, do not pay, or the law requires it.
• When the agreement ends, your access stops. Your data is deleted as our DPA and Privacy Policy describe. Before you cancel, keep any copies you need; messages and calls are also in your CRM when it is connected.
• Sections that by their nature should continue (fees owed, sections 11 and 15 to 20) continue after the agreement ends.

15No warranties

SymoLink is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that SymoLink will be uninterrupted, error-free or secure, or that any message or call will be delivered.

16Limits on liability

To the fullest extent the law allows: (a) neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business, goodwill or data, even if told they were possible; and (b) each party’s total liability for all claims about SymoLink or these Terms is limited to the fees you paid us in the 12 months before the event that caused the claim, or US $100 if that is more.

These limits do not apply to your payment obligations, to your obligations in section 17, to a party’s breach of section 9 or misuse of the other’s intellectual property, or to anything the law does not allow to be limited.

17Your responsibility for claims

You will defend us, and pay any damages, fines, settlements and reasonable legal costs, if a third party (including a regulator, carrier, one of your clients or one of your contacts) makes a claim against us arising from your data, your texts and calls, your clients’ or users’ use of SymoLink, or your breach of these Terms or of the law (for example a TCPA, CASL or anti-spam claim). We will tell you about the claim promptly and let you control the defence, but you may not settle a claim that admits fault for us without our agreement.

18Changes

We may update these Terms. We change the effective date at the top, and for important changes we tell account Owners by email or in the dashboard at least 30 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using SymoLink after a change takes effect, the new Terms apply. If you do not agree, you can cancel before then.

19Governing law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute about SymoLink or these Terms, and both parties agree to them. Either party may still ask any court for urgent relief to protect its rights or data. The UN Convention on Contracts for the International Sale of Goods does not apply.

20General

• Whole agreement: these Terms, the Privacy Policy, the DPA and anything you accept in the dashboard (such as country conditions) are the whole agreement about SymoLink. Your own purchase order terms do not apply.
• Assignment: you may not transfer this agreement without our written consent. We may transfer it to a company that takes over SymoLink.
• Events beyond control: neither party is responsible for delays caused by events it cannot reasonably control, such as carrier or internet outages, power cuts, disasters or government action (this does not excuse payment).
• Independent parties: we are independent companies, not partners, agents or employer and employee.
• Sanctions: you may not use SymoLink where US law forbids it, or if you are on a US sanctions list.
• If part fails: if a court finds part of these Terms unenforceable, the rest still applies. Not enforcing a right now does not waive it.
• Language: these Terms are written in English, and the English version applies.

21Contact and notices

We send notices to the Owner’s email address or show them in the dashboard. Send legal notices to us by email, and by post if you need to: