FlockConnect Terms of Service

Effective date: June 4, 2026 · Last updated: June 4, 2026

These Terms of Service are the operative terms for the FlockConnect service, adopted by FlockConnect LLC. They take effect on the date above.

In plain language (a non-binding summary — the full Terms below control):

We make software for churches. You (the Church) control, and are responsible for, your members' data and your communications.

Collie's AI features are assistive and may be inaccurate — a person must review and approve before anything is sent or acted on.

The Service is provided "as is," our liability is capped, and you use the Service at your own risk.

Disputes are resolved in North Carolina courts (not arbitration); you keep your right to a jury trial; class actions are waived (claims are individual).

1. The Contracting Entity and These Terms

1.1 Who you are contracting with. These Terms of Service ("Terms") are a binding agreement between you and your organization (together, "you," "your," the "Church," or "Customer") and FlockConnect LLC ("FlockConnect," "we," "us," or "our"), the provider of the FlockConnect software service (the "Service" or the "Product"). "FlockConnect" is our product name; we do not claim any registered trade name or DBA.

1.2 Contact and notice address. You may reach us, and may send legal and privacy notices, at:

FlockConnect LLC, 4030 Wake Forest Road, STE 349, Raleigh, NC 27609, USA
support@flockconnect.com (privacy, support, and security)

1.3 What the Service is. FlockConnect is software that churches use for pastoral care coordination and member connection. We provide the software; the Church controls and is responsible for the member, pastoral, and ministry data it puts into and manages through the Service. Section 4 (Church Responsibilities) describes this allocation in detail and is central to these Terms.

1.4 Governing law. These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules.

1.5 Venue. Subject to Section 1.6, you and FlockConnect agree to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina for any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction in those courts.

1.6 Dispute resolution. Disputes are resolved by litigation in the North Carolina state and federal courts named in Section 1.5 — not by binding arbitration. North Carolina law (N.C.G.S. §22B-10) does not permit pre-dispute jury-trial waivers; accordingly, these Terms do not waive the right to a trial by jury. To the fullest extent permitted by law, you and FlockConnect each waive any right to bring or participate in a class, collective, or representative action, and all disputes will be brought only in an individual capacity. Nothing in this Section prevents either party from seeking relief in small-claims court for a qualifying dispute or from seeking injunctive or equitable relief in the courts named in Section 1.5. If the class/representative-action waiver is held unenforceable, it will be severed and the remainder of this Section will continue to apply.

1.7 Privacy Policy. Our handling of personal information is described in the FlockConnect Privacy Policy, which is incorporated into these Terms by reference. Where these Terms and the Privacy Policy address the same topic, the Privacy Policy controls as to data-handling specifics.

1.8 Order of precedence. If there is a conflict among the documents that govern your use of the Service, the order of precedence is: (1) a signed master or customer agreement or data processing addendum (DPA); (2) any order or plan terms you accept; (3) these Terms; and (4) the Privacy Policy — except that the Privacy Policy controls on data-handling specifics where it and these Terms address the same topic.

2. Acceptance, Eligibility, and Authority

2.1 Acceptance. By creating an account, accepting an invitation to a workspace, or accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2.2 Account users must be 18+. Account users — including the account owner, administrators, and care partners — must be at least 18 years old. The Service is not offered to minors as account users.

2.3 Authority to bind the Church. If you create or administer a workspace on behalf of a church or organization, you represent that you are authorized to bind that organization to these Terms. If you accept an invitation to join a workspace, you represent that you are authorized to act in the role assigned to you. The organization is the "Church" or "Customer" and is bound by these Terms through the acts of its authorized users.

2.4 Members do not have accounts. Church members do not create or hold accounts. Members interact with the Service only through token-scoped secure links provided at the Church's direction (see Section 5).

2.5 Electronic communications and signatures. By creating an account or using the Service, you consent under the federal E-SIGN Act and the North Carolina Uniform Electronic Transactions Act to transact electronically and to receive all communications, notices, disclosures, and agreements (including legal notices and any security-breach notifications) electronically — by email to your account contact, by in-Service notice, or by posting. You agree that your electronic acceptance of these Terms constitutes a binding signature. You may withdraw consent to electronic communications only by closing your account, which may end your ability to use the Service.

3. Roles and Data Responsibility

3.1 FlockConnect provides software. We provide a software service to churches. We do not direct or control how a Church gathers, uses, or manages its members' information.

3.2 The Church controls member and pastoral data. For member records, pastoral care data, assessment and form responses, communications, and similar Church-controlled information, FlockConnect acts as the Church's service provider / processor, processing that data on the Church's instructions and on its behalf. The Church is the controller of that data.

3.3 FlockConnect as business/controller for its own data. For account, billing, public website, marketing, support, and product-telemetry data, FlockConnect acts as a business / controller. In short: the Church owns and controls its members' information, while FlockConnect controls only its own business data (accounts, billing, website, marketing, support); the Privacy Policy explains this split in detail.

3.4 Why this matters. The allocation in this Section and in Section 4 is the basis on which FlockConnect prices and provides the Service and limits its liability. The Church's compliance obligations for its own member data are described in Section 4; FlockConnect does not assume responsibility for obtaining member consent on the Church's behalf.

4. Church Responsibilities

The Church is solely responsible for the following. These responsibilities are material to these Terms and underpin the limitations and indemnity in Sections 16–18.

4.1 Authority and consent. The Church represents and warrants that it has the authority and all consents, permissions, and legal bases necessary to upload, import, sync, store, process, message, and otherwise use the personal information of its members and other individuals through the Service, and to direct FlockConnect to process that data. This includes any consents required for pastoral notes, care reports, assessment responses, prayer and care details, records concerning children or minors, location and proximity information, and any communications.

4.2 User permissions and roles. The Church is responsible for designating its account owner, administrators, and care partners; for assigning roles and permissions appropriately; and for ensuring that only authorized adults (18+) access member and pastoral data within the Service.

4.3 Member communications. The Church is responsible for the content of, and the legal basis for, all email, SMS, and other communications it sends or schedules through the Service, including obtaining and honoring any required consents, opt-outs, and quiet-hours and timing restrictions (see Section 11).

4.4 Accuracy of imported and synced data. The Church is responsible for the accuracy, lawfulness, and currency of data it imports (including CSV and manual imports), syncs (including via Planning Center), or otherwise enters into the Service, and for resolving conflicts surfaced during import or sync review.

4.5 Lawful use. The Church is responsible for using the Service in compliance with all laws applicable to it and its handling of its members' information, and for any professional, pastoral, legal, or regulatory obligations that apply to the Church or its staff. FlockConnect does not assume those obligations.

5. Member Data and Token-Scoped Secure Links

5.1 No member accounts. Members do not have accounts. When a Church chooses to collect information from, or send a form or message to, a member, the Service may issue a token-scoped secure link.

5.2 Token-scoped access. Secure links are scoped to a specific purpose and are time-limited. The Church controls who receives forms and messages and therefore who receives secure links.

5.3 Member-submitted data. Information a member submits through a secure link becomes Church-controlled data, handled as described in Section 3.2 and in the Privacy Policy.

6. Planning Center, Calendars, and Other Providers

6.1 Church-authorized connections. The Church may choose to connect third-party services to the Service, such as Planning Center (via OAuth, for sync and import and for reviewed writebacks), calendar providers (Google Calendar and Microsoft Calendar, for event writebacks), and others. The Church authorizes each connection and is responsible for its own accounts and credentials with those providers and for compliance with those providers' terms.

6.2 Reviewed writebacks. Where the Service writes back to a connected provider (for example, Planning Center person updates or calendar events), those writes occur under the Church's authorization and, where the Service provides it, after human review (see Section 9.3).

6.3 No promise of future integrations. We do not promise that any particular integration will be added, retained, or maintained. Third-party providers may change or discontinue their services, which may affect features that depend on them. We are not responsible for third-party services.

6.4 Service providers generally. FlockConnect uses third-party service providers and sub-processors to operate the Service. These are described in the Privacy Policy.

7. Billing, Trials, Plans, and Refunds

7.1 Free trial. New Churches may start a 14-day trial that does not require a payment card. At the end of the trial, a payment method is collected to continue on a paid plan; if no payment method is on file when the trial ends, the trial does not convert to a paid subscription and is cancelled.

7.2 Plans and billing. Paid plans are offered in tiers. Billing is processed through Stripe. FlockConnect stores billing identifiers and status only; Stripe retains payment-card and transaction records under its own policies. By subscribing, you authorize the recurring charges associated with your selected plan.

7.3 Annual pricing. Plans may be offered on an annual basis at the pricing shown at the time of purchase.

7.4 Cancellation. You may cancel your subscription at any time. Cancellation stops future renewals; it does not retroactively refund amounts already paid except as stated in Section 7.5. Post-cancellation data handling is described in Section 13 and Section 20.

7.5 Refunds. The following refund policy applies:

(a) FlockConnect does not provide prorated refunds for monthly plans, except in the case of a billing error, a duplicate charge, where required by law, or as a discretionary courtesy granted by FlockConnect.
(b) A Church's first annual plan purchase is refundable if requested within 30 days of that purchase.
(c) Other amounts are non-refundable except where required by law.

7.5.1 Automatic renewal. Paid subscriptions automatically renew at the then-current price for successive periods (monthly or annual, as selected) until cancelled. You may cancel at any time in your account settings (Section 7.4); cancellation stops future renewals. Where required by law (for example, California's Automatic Renewal Law and similar state laws), we provide clear pre-checkout disclosure of the renewal terms, renewal reminders, and an online method to cancel.

7.6 Taxes. Stated prices do not include taxes. You are responsible for any sales, use, VAT, GST, or similar taxes applicable to your purchase, other than taxes on FlockConnect's net income.

7.7 Failed payment; restricted state. If a charge fails or an account becomes past due, FlockConnect may place the account into a restricted or read-only state until the balance is resolved. During a restricted state, some features may be unavailable. Data retention during such states is described in Section 13.

8. Acceptable Use

8.1 You agree not to, and not to permit any user to:

(a) upload, store, or transmit unlawful data, or data you lack authority or consent to provide;
(b) send spam, or harassing, abusive, deceptive, or otherwise unlawful communications through the Service;
(c) misuse member or pastoral data, including using it for any purpose other than the Church's legitimate ministry and care purposes;
(d) scrape, harvest, or perform unauthorized export of data from the Service, or use automated means to access the Service except as expressly permitted;
(e) attempt to bypass, disable, or circumvent any security control, access control, authentication, rate limit, or row-level security or tenant-isolation mechanism;
(f) attempt to access data of another church, tenant, or workspace, or any data you are not authorized to access;
(g) reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by applicable law;
(h) interfere with or disrupt the integrity or performance of the Service; or
(i) misuse the AI features as described in Section 9.

8.2 We may suspend or terminate access for violations of this Section, as described in Section 20.

9. AI Features ("Collie")

9.1 What Collie is. The Service includes AI-assisted features under the name "Collie." Collie is provider-abstracted (it may use different underlying AI providers over time) and is designed to operate on privacy-aware or redacted context where possible, with provenance records for AI-assisted outputs. The AI service providers are described in the Privacy Policy.

9.2 Assistive only; may be inaccurate. Collie is assistive only. Its outputs may be inaccurate, incomplete, or unsuitable for a given situation. You are responsible for reviewing and verifying AI-assisted outputs before relying on or acting on them.

9.3 Human approval required. Collie requires human review and approval before any meaningful external write or any member-facing message is sent. AI-generated content is a draft for a human to approve, edit, or discard.

9.4 Not a substitute for professional judgment. Collie is not a substitute for pastoral, medical, mental-health, legal, or financial judgment. It must not be used for emergency response, crisis intervention, or mandated reporting. See Section 19 (Not Professional Advice).

9.5 Acceptable use. You must not use Collie to generate unlawful, harassing, or deceptive content, to attempt to extract data you are not authorized to access, or otherwise in violation of Section 8.

10. Intellectual Property, Customer Data, and Feedback

10.1 FlockConnect's intellectual property. FlockConnect and its licensors own all right, title, and interest in and to the Service, including the software, user interfaces, look and feel, documentation, and the "FlockConnect" and "Collie" names and logos. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your church's internal ministry purposes during your subscription. You may not copy, modify, create derivative works of, sublicense, sell, or remove proprietary notices from the Service, except as expressly permitted (see Section 8.1).

10.2 Your Customer Data. As between you and FlockConnect, the Church owns its Customer Data (the member, pastoral, ministry, and related data it puts into the Service). You grant FlockConnect a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service for you and consistent with the Privacy Policy. We do not sell Customer Data and do not use it for third-party advertising (Privacy Policy §11), and Collie's AI providers operate under zero-data-retention terms (Privacy Policy §7).

10.3 De-identified and aggregated data. We may create and use de-identified or aggregated data (which cannot reasonably be used to identify any individual, member, or church) for operating, securing, analyzing, and improving the Service. We will not attempt to re-identify such data.

10.4 Feedback. If you provide feedback, ideas, or suggestions about the Service, you grant FlockConnect a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

10.5 Copyright / DMCA. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe content available through the Service infringes your copyright, send a notice with the required §512(c)(3) elements to our designated agent at support@flockconnect.com (subject: "DMCA Notice"). We will respond appropriately, including removing infringing content and terminating repeat infringers in appropriate circumstances. A counter-notification procedure is available to affected users.

11. Communications (Email, SMS, Calendar)

11.1 Consent and approvals. Email, SMS, and calendar features operate under the Church's control. The Church is responsible for obtaining and maintaining the consents required to contact its members and others, and for completing any required in-Service approvals before messages are sent.

11.2 Opt-out and quiet hours. The Church must honor recipient opt-outs and any quiet-hours or timing restrictions, whether required by law or configured in the Service. The Service may provide opt-out and quiet-hours mechanisms, but the Church remains responsible for lawful messaging.

11.3 Provider terms. Email is delivered via Resend, SMS via Twilio, and calendar writebacks via Google and Microsoft calendar APIs, each subject to the applicable provider's terms and acceptable-use policies. The Church is responsible for compliance with messaging laws applicable to its communications, including, where applicable, the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA) and any analogous state laws governing email and text-message consent and opt-outs.

12. Security and Account Protection

12.1 Your responsibilities. You are responsible for safeguarding your account credentials and any device or method used to authenticate, for the activity of your users, and for configuring access within your workspace appropriately.

12.2 Reporting. You must promptly notify us at support@flockconnect.com if you suspect any unauthorized access to or use of the Service, or any compromise of credentials.

12.3 Our security. FlockConnect maintains administrative, technical, and organizational measures intended to protect data in the Service. No method of transmission or storage is perfectly secure, and we do not guarantee that the Service cannot be compromised. In the event of a security breach affecting personal information, we will provide notification without unreasonable delay, consistent with applicable law (including the North Carolina Identity Theft Protection Act), as described in the Privacy Policy. Where FlockConnect acts as a processor for the Church's data, we will notify the affected Church without undue delay after confirming a breach so the Church can meet its own obligations as controller.

13. Data Export, Deletion, and Retention

13.1 Self-serve export. An account owner can generate a self-serve export of workspace data. The export is delivered as a privacy-filtered ZIP via a short-lived signed download link (approximately 15 minutes). Exports exclude credentials and secrets.

13.2 Post-cancellation window. After cancellation, there is a 90-day reversible window during which the Church may export data or request deletion, after which staged deletion proceeds as described below.

13.3 Import data lifecycle. Raw imported CSV data is deleted approximately 30 days after the import is approved or rejected. Records that were approved during import remain in the workspace as Church data.

13.4 Staged tenant deletion. Deletion of a workspace proceeds in stages and includes provider-cleanup steps. Deletion is not immediate, not necessarily permanent across all systems, and not provider-wide. In particular:

(a) Third-party providers (for example, Stripe and other service providers) retain records under their own policies and retention schedules, which FlockConnect does not control.
(b) Backups, logs, and similar copies may persist for a period after deletion from the active Service.
(c) A legal hold, billing dispute, or legal obligation may pause or limit deletion.

13.5 Retention generally. Data is retained while the account is active. Trial, grace, and restricted-state retention applies as described in Sections 7.1 and 7.7. The 90-day cancellation window (13.2) and 30-day raw-CSV window (13.3) apply as stated. Audit and security logs are retained for up to 24 months, and longer where required by a legal hold, an ongoing security investigation, or for legal-defense purposes. Provider retention applies per provider, and legal-hold exceptions apply.

13.6 No bare "immediate and permanent deletion" claim. Nothing in these Terms should be read as a promise that all data is permanently and immediately erased from every system upon cancellation. Section 13.4 governs.

14. Service Availability

14.1 FlockConnect will use reasonable efforts to keep the Service available. The Service is provided on an as-available basis.

14.2 We do not offer a guaranteed uptime, service-level agreement, or availability commitment unless and until one is separately agreed in a written contract signed by FlockConnect. We may modify, suspend, or discontinue features, perform maintenance, or impose limits, and third-party provider outages may affect availability.

14.3 Beta and pre-release features. Features identified as beta, preview, early-access, or experimental (which may include new AI capabilities) are provided "AS IS," without warranties of any kind, may be changed or withdrawn at any time, and should not be relied upon for production-critical or time-sensitive use. Your use of such features is at your own risk (Sections 15–17).

15. Warranty Disclaimer

15.1 AS-IS / AS-AVAILABLE. THE SERVICE, INCLUDING ALL AI FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

15.2 Disclaimer of implied warranties. TO THE MAXIMUM EXTENT PERMITTED BY NORTH CAROLINA LAW, FLOCKCONNECT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLOCKCONNECT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-ASSISTED OUTPUTS WILL BE ACCURATE OR SUITABLE.

15.3 Non-waivable warranties. The disclaimers in this Section are made to the maximum extent permitted by North Carolina law and are presented in capitalized text for conspicuousness (including the express mention of merchantability). Some jurisdictions do not allow the exclusion of certain implied warranties; to the extent an implied warranty cannot lawfully be disclaimed as to you, that exclusion does not apply to you, and the remaining disclaimers continue to apply to the fullest extent permitted.

16. Assumption of Risk

16.1 You acknowledge that the Service supports sensitive pastoral and member-care activities and that AI-assisted features may be inaccurate. You use the Service at your own risk. You are responsible for exercising independent human judgment in all pastoral, care, and communication decisions, and for not relying on the Service for emergency, crisis, medical, mental-health, legal, financial, or mandated-reporting needs (see Section 19).

17. Limitation of Liability

17.1 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOCKCONNECT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR DATA USE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOCKCONNECT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES THE CUSTOMER PAID TO FLOCKCONNECT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

17.3 Essential basis. The limitations in this Section are an essential basis of the bargain between you and FlockConnect and apply even if a remedy fails of its essential purpose.

17.4 Non-waivable rights and carve-outs. Some jurisdictions do not allow certain exclusions or limitations. To the extent an exclusion or limitation is not permitted, it applies to the maximum extent allowed, and the remainder of these Terms remains in effect. The exclusions in Section 17.1 and the cap in Section 17.2 do not apply to liability that cannot lawfully be limited or excluded — for example, liability for gross negligence or willful misconduct, or non-waivable statutory liability — and do not limit the Customer's indemnification obligations under Section 18.

18. Indemnification

18.1 By the Church. You (the Church/Customer) will defend, indemnify, and hold harmless FlockConnect LLC and its officers, members, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) your or your users' data, content, and use of the Service;
(b) your failure to obtain or maintain the authority, consents, and legal bases required for the member and other personal information you process through the Service (Section 4.1);
(c) your member communications and your failure to honor required consents, opt-outs, or quiet-hours restrictions (Sections 4.3 and 11);
(d) your violation of these Terms or of any law applicable to your use of the Service; or
(e) a dispute between you and any of your members or other individuals.

18.2 Process. FlockConnect will notify you of a claim subject to indemnification, allow you to control the defense (with counsel reasonable to FlockConnect), and reasonably cooperate. FlockConnect may participate with its own counsel at its expense. You may not settle a claim in a way that imposes obligations on FlockConnect without FlockConnect's prior written consent.

18.3 No reciprocal indemnity in these standard Terms. FlockConnect does not provide an indemnity to the Customer under these Terms. The Service is provided AS-IS and AS-AVAILABLE (Section 15), and FlockConnect disclaims the warranty of non-infringement. A limited, capped indemnity (for example, for third-party intellectual-property claims against the Service) may be negotiated only in a separate written agreement signed by FlockConnect.

19. Not Professional Advice

19.1 The Service, including all AI-assisted features, is a software tool. It does not provide and is not a substitute for pastoral, medical, mental-health, clinical, legal, or financial advice or services.

19.2 The Service is not designed or intended for emergency response, crisis intervention, suicide or self-harm response, or any time-critical safety situation. In an emergency, contact local emergency services.

19.3 The Service does not fulfill, and must not be relied upon for, any mandated-reporting or other legal duty that applies to you or your staff. You remain solely responsible for those obligations.

20. Changes to the Service and Termination

20.1 Changes to the Service. We may change, add, or remove features of the Service over time as described in Section 14.

20.2 Termination by you. You may stop using the Service and cancel your subscription at any time (Section 7.4).

20.3 Termination or suspension by us. We may suspend or terminate your access if you materially breach these Terms (including Sections 4, 8, or 9), if required by law, to protect the Service or others, or for non-payment after notice as described in Section 7.7. For a curable material breach, we will provide notice and a 10-day period to cure before terminating, where practicable. We may suspend or terminate immediately, without a cure period, for: non-payment after the Section 7.7 notice; a security threat or an attempt to breach access controls or tenant isolation (Section 8.1(e)–(f)); unlawful use; an acceptable-use violation that risks harm to others or to the Service; or where required by law or by a third-party provider.

20.4 Effect of termination. On termination, your right to access the Service ends. Post-cancellation data handling — including the 90-day reversible export/deletion window and the staged-deletion caveats (legal hold, provider retention, backups) — is governed by Section 13.

20.5 Survival. Sections 1.4–1.6 (governing law, venue, dispute resolution, and the class/representative-action waiver), 2.5, 3, 4, 7 (as to amounts owed), 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, this Section 20.5, and 21 survive termination.

21. Miscellaneous

21.1 Entire agreement. These Terms, together with the Privacy Policy and any order or plan terms you accept, are the entire agreement between you and FlockConnect regarding the Service and supersede prior understandings on that subject. Chat, email, or informal statements are not part of this agreement unless incorporated in writing.

21.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions remain in effect.

21.3 No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.

21.4 Assignment. You may not assign these Terms without FlockConnect's prior written consent, except to a successor of all or substantially all of your assets or operations with notice to FlockConnect. FlockConnect may freely assign or transfer these Terms, in whole or in part — including in connection with a merger, acquisition, financing, reorganization, change of control, or sale of all or substantially all of its assets or equity — without the Customer's consent. A merger, acquisition, financing, reorganization, change of control, or assignment by FlockConnect does not, by itself, give the Customer any right to terminate, to a refund, to withhold or withdraw data, or to consent to or veto the transaction. These Terms bind permitted successors and assigns.

21.5 Force majeure. FlockConnect is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, third-party provider outages, governmental actions, and security incidents not caused by FlockConnect's failure to maintain reasonable measures.

21.6 Relationship; no third-party beneficiaries. The parties are independent contractors. These Terms create no agency, partnership, or joint venture, and confer no rights on any third party except as expressly stated.

21.7 Notices. Legal notices to FlockConnect must be sent to the address in Section 1.2. We may provide notices to you by email to your account contact, by in-Service notice, or by posting.

21.8 Privacy Policy reference. Your use of the Service is also governed by the FlockConnect Privacy Policy (Section 1.7), which describes the data we and our service providers process and the rights available to individuals.

21.9 Export controls and sanctions. The Service is provided from the United States and is subject to U.S. export-control and economic-sanctions laws (including the Export Administration Regulations and the regulations administered by the U.S. Office of Foreign Assets Control (OFAC)). You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S., EU, or UK restricted-, denied-, or blocked-party list (including OFAC's SDN list). You agree not to use or export the Service in violation of these laws. We may suspend or terminate access as necessary to comply.

21.10 Local-law rights (non-waivable protections). Nothing in these Terms limits any right that cannot lawfully be limited or waived under the mandatory law that applies to you. If you are a consumer protected by non-waivable consumer-protection laws in your country or state of residence (for example, in the EEA, the United Kingdom, or Australia), those protections — and any non-waivable right to bring proceedings in, or have your local law applied by, your home jurisdiction — apply to you notwithstanding the governing-law, venue, and class/representative-action provisions in Section 1.

21.11 Accessibility. We aim to make the Service usable by people of differing abilities. This is a good-faith effort and not a warranty of conformance to any particular standard. If you encounter an accessibility barrier, contact support@flockconnect.com and we will try to help.

22. Effective Date, Updates, and How We Notify You of Changes

22.1 Status. These Terms are adopted by FlockConnect LLC and are effective as of the date below.

22.2 Effective date. Effective date: June 4, 2026.

22.3 Last updated. Last updated: June 4, 2026.

22.4 How we notify you of changes. We may update these Terms from time to time. When we make material changes, we will update the "Effective date" and "Last updated" labels above and provide notice — by in-Service notice and email to your account contact — at least 14 days before the change takes effect, where practicable. Your continued use of the Service after an update takes effect constitutes acceptance of the updated Terms. For changes to dispute resolution (Section 1.6) or the limitation of liability (Section 17), we will seek your affirmative acceptance where required by applicable law.

Adopted by FlockConnect LLC, effective June 4, 2026.