Terms and Conditions

Welcome to Fresh Flow Media!

These terms and conditions outline the rules and regulations for the use of Fresh Flow Media's Website, located at https://freshflowmedia.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Fresh Flow Media if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Fresh Flow Media, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Fresh Flow Media and/or its licensors own the intellectual property rights for all material on Fresh Flow Media. All intellectual property rights are reserved. You may access this from Fresh Flow Media for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Copy or republish material from Fresh Flow Media

  • Sell, rent, or sub-license material from Fresh Flow Media

  • Reproduce, duplicate or copy material from Fresh Flow Media

  • Redistribute content from Fresh Flow Media

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Fresh Flow Media does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Fresh Flow Media, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Fresh Flow Media shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Fresh Flow Media reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Fresh Flow Media a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources;

  • Dot.com community sites;

  • Associations or other groups representing charities;

  • Online directory distributors;

  • Internet portals;

  • Accounting, law, and consulting firms; and

  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Fresh Flow Media; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Fresh Flow Media. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Fresh Flow Media's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury;

  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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TERMS AND CONDITIONS OF SERVICE

Automated Booking & AI FAQ Systems Agreement (B2B)

IMPORTANT NOTICE: These Terms and Conditions govern the provision of automated booking and AI-powered FAQ communication systems by the Provider to the Client. The Client's attention is drawn particularly to the sections regarding artificial intelligence deployment, third-party architecture (GoHighLevel), data protection (GDPR compliance), data loss limitations, and the comprehensive exclusions of legal liability.

1. DEFINITIONS & INTERPRETATION

"The Provider": The service provider entity deploying, configuring, and provisioning the Platform and Services.

"The Client": The corporate entity, business, or sole trader purchasing the Services for use within their commercial operations.

"The Platform": The automated booking, calendar synchronisation, and AI-driven FAQ response systems provided, built, or configured by the Provider.

"Third-Party Infrastructure": The core software, APIs, sub-accounts, and systems owned and operated by GoHighLevel (GHL) and associated Large Language Model (LLM) engines utilized to deliver the system.

"End User": Any customer, consumer, visitor, or third-party individual interacting directly with the automated Platform.

2. NATURE OF SERVICE & AI DEPLOYMENT

2.1 The Provider provides configuration, deployment, and integration services utilizing Third-Party Infrastructure (GoHighLevel) coupled with Large Language Models (LLMs) to automate booking procedures and answer client-facing FAQs.

2.2 The Client explicitly acknowledges that AI communication tools are inherently subject to conversational variance, unpredicted behaviors, and potential "hallucinations" (the generation of factually incorrect, incomplete, or misleading outputs).

2.3 The Client retains full, non-delegable responsibility for supervising, reviewing, and auditing the outputs, conversational parameters, and booking parameters generated by the Platform. The Provider disclaims all liability for any conversational discrepancies, pricing representations, or inaccurate scheduling commitments executed by the AI.

3. GDPR, DATA PROTECTION & PRIVACY INDEMNITY

3.1 Role of the Parties: The Client is, and shall remain, the Data Controller under the UK GDPR / EU GDPR and the Data Protection Act 2018. The Provider operates solely as a service configurator. To the extent the Provider has administrative access, it functions strictly as a Data Processor.

3.2 Independent Third-Party Infrastructure: The Client acknowledges that all End User Personal Data is captured, routed, processed, and stored via Third-Party Infrastructure (specifically GoHighLevel and its integrated AI engine subprocessors). The Provider has no custody, control, or physical ownership over the servers, databases, or security layers protecting this information.

3.3 Data Protection Exclusions: To the maximum extent permitted by applicable law, the Provider shall have zero liability to the Client, its End Users, or any regulatory authority (including the Information Commissioner's Office - ICO) for:

Data breaches, unauthorized access, exfiltration, or leaks occurring within or via the Third-Party Infrastructure.

Failure to execute Data Subject Access Requests (DSARs), data deletion requests, or right-to-be-forgotten queries within the automated chat flow or database layers.

The omission of explicit, GDPR-compliant consent mechanisms or tracking banners inside the chat interfaces, the provision of which remains exclusively the Client's legal responsibility.

3.4 Client Warranties & Indemnity: The Client warrants that it has established a valid lawful basis under GDPR Article 6 (and Article 9 if sensitive biometric or health data is processed) prior to routing End User data through the Platform. The Client shall fully indemnify, defend, and hold harmless the Provider against any administrative fines, regulatory penalties, litigation costs, legal fees, or damages arising out of a breach of data protection legislation.

4. DATA LOSS, BACKUPS & SYSTEM FAILURE

4.1 The Client is solely responsible for maintaining secondary, independent backups of all booking registers, customer contacts, appointment logs, and customer interaction transcripts.

4.2 The Provider does not guarantee uninterrupted, continuous, or secure access to the Platform. Service availability is strictly contingent upon the uptime of GoHighLevel, active API connections, and associated communication networks.

4.3 The Provider explicitly disclaims liability for any loss of data, corrupted databases, deleted profiles, broken automation workflows, or calendar desynchronisations, regardless of whether such events arise from software updates, system bugs, API depreciation, or manual technical support intervention.

5. ABSOLUTE LIMITATION OF LIABILITY

5.1 EXCLUSION OF CONSEQUENTIAL LOSS: IN NO EVENT SHALL THE PROVIDER BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, REPUTATIONAL DAMAGE, LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE DEPLOYMENT, OPERATIONAL PERFORMANCE, OR FAILURE OF THE AI BOOKING SYSTEM, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2 FINANCIAL CAP ON LIABILITY: THE TOTAL AGGREGATE LIABILITY OF THE PROVIDER TO THE CLIENT FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, OR LAWSUITS ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PLATFORM SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLIENT TO THE PROVIDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

5.3 Nothing in this Agreement seeks to exclude or limit liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability which cannot be lawfully excluded under English Law.

6. THIRD-PARTY PLATFORM DEPENDENCY (GOHIGHLEVEL)

6.1 The performance of the booking and FAQ platform is dependent on GoHighLevel’s software-as-a-service ecosystem. The Provider has no liability for any changes to GoHighLevel’s pricing structures, terms of service, feature deprecations, account suspensions, or functional alterations that render the custom-built AI configuration partially or fully non-operational.

6.2 Any terms of service, acceptable use policies, or privacy policies mandated by GoHighLevel are hereby incorporated by reference, and the Client agrees to comply fully with them.

7. CLIENT RESPONSIBILITIES & OPERATIONAL SUPERVISION

7.1 The Client assumes all operational risk concerning customer communication. The Client must monitor the automated system to ensure it coordinates scheduling accurately and does not present illegal, deceptive, or unauthorized copy to End Users.

7.2 The Client shall maintain secure administrative credentials for all connected systems and assumes full liability for activities occurring under their platform sub-accounts.

8. GOVERNING LAW & JURISDICTION

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.