Terms & Conditions

To access the Service, you must create an account by providing accurate, current, and complete information as prompted by our registration process. You agree to update your account information promptly if it changes.

You are responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities that occur under your account. You agree to:

• Not share your account or credentials with others or allow others to use your account.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your account if we suspect unauthorized or fraudulent activity.

You agree to:

• Use the Service solely for lawful purposes and in compliance with all applicable local, state, federal, and international laws and regulations, including those of New York and the United States.
• Provide and maintain your own internet connection, hardware, and software necessary to access the Service.
• Bear all costs associated with accessing the Service, including data charges.

By using the Service, you consent to receive communications from us electronically, including but not limited to emails, text messages, or in-app notifications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-essential communications by following the instructions provided in those messages, but you cannot opt out of critical service-related notices (e.g., account security alerts).

You agree to pay all fees associated with your use of the Service as specified on our pricing page at www.BidFlo.com or within the Service (“Fees”). Fees are quoted in U.S. dollars and exclude applicable taxes unless otherwise stated.

Payments are due according to the billing cycle you select (e.g., monthly or annually) and must be made via credit card, ACH, etc. You authorize us to charge your provided payment method automatically for all Fees due. You must provide current, complete, and accurate payment information and update it as necessary.

We may offer a free trial period during which you can use the Service without charge. At the end of the trial period, you will be charged the applicable Fees unless you cancel your subscription prior to the trial's expiration by following the instructions in your account settings.

You are responsible for all applicable sales, use, value-added, or other taxes arising from your use of the Service (“Taxes”). We will include Taxes on your invoice where required by law, and you agree to pay such Taxes unless you provide us with a valid tax exemption certificate.

If payment is not received by the due date, we may charge a late fee of 1.5% per month (or the maximum rate permitted by New York law, whichever is less) on the overdue amount. We may also suspend or terminate your access to the Service until payment is received in full.

All Fees are non-refundable except as required by applicable law or as expressly stated in our refund policy at BidFlo.com. Refunds, if applicable, will be processed to your original payment method within a reasonable time frame.

The Service, including all software, text, graphics, logos, designs, interfaces, and other content (excluding User Data), is the property of BidFlo, LLC or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted herein are reserved by BidFlo, LLC.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during the term of your subscription, subject to your compliance with these Terms.

You retain ownership of any data, content, or materials you upload to or create within the Service (“User Data”). By submitting User Data, you grant BidFlo, LLC a worldwide, royalty-free, non-exclusive license to use, store, process, reproduce, and display User Data solely for the purpose of providing, operating, and improving the Service. You represent and warrant that you have all necessary rights to grant this license and that your User Data does not infringe any third-party rights.

If you provide us with feedback, suggestions, or ideas about the Service (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, incorporate, and exploit such Feedback in any manner without obligation to you.

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of the Service is at your own risk.

To the fullest extent permitted by applicable law, BidFlo, LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or relating to these Terms or your use of the Service, even if advised of the possibility of such damages. Our total aggregate liability to you for any claim arising from these Terms or the Service shall not exceed the amount you paid to us for the Service in the twelve (12) months preceding the claim. These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if a remedy fails its essential purpose.

The disclaimers and limitations herein are subject to New York law, which may impose certain mandatory warranties or liability obligations that cannot be excluded (e.g., N.Y. Gen. Bus. Law § 349 for deceptive practices). In such cases, our liability is limited to the minimum extent required by law.

You may terminate your account at any time by following the instructions in your account settings or contacting us at [email protected]. Upon termination, you remain liable for any outstanding Fees.

We may suspend or terminate your account and access to the Service at any time, with or without cause, including but not limited to:

• Breach of these Terms;
• Non-payment of Fees;
• Suspected illegal activity or violation of the Acceptable Use Policy;
• Protection of our rights, property, or other users.

We will provide notice of termination via email or within the Service, except in urgent cases (e.g., security threats), where termination may be immediate.

Upon termination:

• Your right to use the Service ceases immediately.
• We may delete your User Data after 30 days, in accordance with our data retention policies and applicable law, unless you request otherwise.
• You may request a copy of your User Data in a commonly used electronic format (e.g., CSV) within 30 days of termination by contacting [email protected]. We will provide such data within a reasonable time frame, subject to any applicable export fees.

Provisions of these Terms that by their nature should survive termination (e.g., Sections 6, 12, 13, 15) will continue to apply.

These Terms and any disputes arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising under these Terms or the Service shall be brought exclusively in the state or federal courts located in New York City, New York. You irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, natural disasters, or internet outages.

Any notices required or permitted under these Terms shall be in writing and delivered:

• To you: via email to the address associated with your account or through the Service.
• To us: via email to [email protected] or by certified mail to BidFlo, LLC, 11 Surrey Ln, Bethpage, NY, 11228.

Notices are deemed received upon delivery (for email or in-Service notices) or 3 business days after mailing (for certified mail).

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, SLA, and any other documents expressly incorporated by reference, constitute the entire agreement between you and BidFlo, LLC regarding the Service, superseding all prior or contemporaneous agreements, understandings, or representations.

No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Section headings are for convenience only and do not affect the interpretation of these Terms.