Terms of Service

1. Parties and acceptance

1.1 Provider. The Service is provided by FlashTower, operated by Boostlete LLC, a Wyoming limited liability company (“FlashTower”, “we”, “us”, or “our”), with its principal mailing address at 1620 N Carpenter Rd, Suite D46, Modesto, CA 95351, United States.

1.2 Customer. If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind it, and “Customer”, “you”, and “your” refer to that organization. Otherwise they refer to you individually. You must be at least 18 years old. The Service is intended for business use and not for personal, family, or household purposes.

1.3 Related documents. These Terms incorporate the Privacy Policy, Acceptable Use Policy, AI Monitoring and Guard Terms, API Terms, Data Processing Addendum, Security Incident Terms, Data Retention, Export, and Deletion, and, for customers with an Order Form, the Enterprise Provisions (together, the “Agreement”).

2. Definitions

• “Authorized User” means an individual whom Customer permits to access the Service under Customer's account, such as an employee or contractor.
• “Automation Policy” means a rule, created and enabled by Customer's Owner or Admin, that pre-authorizes FlashTower Guard to perform a specified Guard Action when specified conditions occur.
• “Customer Data” means data that Customer or its Authorized Users submit to, record in, or connect to the Service, excluding Aggregate Statistics and Usage Data.
• “Aggregate Statistics” means de-identified statistics derived from many organizations as described in Section 8.3, which do not identify Customer or any individual.
• “Free Service” means any part of the Service provided without charge, including the FlashTower Scan, free tools, free plans, and trials.
• “Guard Action” means a response action (such as revoking a credential or suspending an AI agent) recorded or carried out through FlashTower Guard.
• “Order Form” means an ordering document or online checkout, signed or accepted by Customer, that specifies the plan, fees, and term.
• “Paid Deliverable” means a report, assessment, export, analysis, or other deliverable made available for a fee.
• “Service” means the FlashTower website, application, FlashTower Scan, free tools, FlashTower Monitor, FlashTower Guard, APIs, and related documentation and support.
• “Subscription Term” means each monthly, annual, or other billing period for which Customer purchases a subscription.
• “Usage Data” means technical and usage information about the operation of the Service, such as feature usage, performance, and security logs.

3. The Service

3.1 Scope. FlashTower provides tools to inventory AI systems, assess AI-related security and governance risk using a deterministic ruleset, monitor recorded changes and raise alerts, track remediation, manage policies, generate reports, and — only where Customer opts in — record and carry out Guard Actions authorized by Customer.

3.2 Changes. We may improve, modify, or discontinue features. If we remove functionality that is material to a paid plan during a Subscription Term, we will give reasonable advance notice and, as Customer's sole remedy, Customer may cancel the affected subscription and receive a pro-rata refund of prepaid fees for the unused remainder of that Subscription Term.

3.3 Beta and upcoming features. Features labeled “Coming soon” are not part of the Service until released. Features labeled “Beta”, “Preview”, or “Lab”, and integrations labeled “New” that have not yet completed general availability, are provided for evaluation, may be incomplete, may change or be withdrawn at any time, are excluded from any service commitments, and are used at Customer's own risk.

4. No guarantees; limits of detection; no professional advice

4.1 Limits of detection. FlashTower is designed to help identify, monitor, detect, assess, and report certain AI-related risks and security events. No security system can identify, detect, prevent, or report every threat, vulnerability, unauthorized action, malicious actor, AI behavior, configuration issue, or security incident. No security system can identify or prevent every threat. FlashTower does not guarantee the prevention of every attack, the detection of every threat, vulnerability, or incident, perfect security, perfect or predictable behavior of any AI system, uninterrupted or error-free operation of the Service, or any regulatory, certification, audit, or compliance outcome.

4.2 Informational output. FlashTower findings and alerts are informational. FlashTower does not guarantee detection of every threat. FlashTower does not guarantee prevention of incidents. FlashTower does not certify compliance. FlashTower does not provide legal advice. Findings, alerts, scores, and recommendations are produced from the information and sources available to the Service. FlashTower Monitor observes only what Customer records in or connects to FlashTower; it does not see systems, accounts, or activity that are not recorded or connected.

4.3 Frameworks. Findings are “mapped to” topics in third-party frameworks and regulations for reference. Assessments, findings, framework mappings, policy templates, and reports do not constitute legal advice, an audit, a certification, or an attestation, and do not establish that Customer is or is not compliant with any law, regulation, or standard. Customer is solely responsible for its compliance decisions and should consult its own qualified advisors.

4.4 Deterministic scoring. Risk scores and alert severities are produced only by FlashTower's deterministic rules. Optional AI features may write narrative explanations but never determine scores or severities.

4.5 No certification claims. FlashTower does not currently hold SOC 2, ISO 27001, HITRUST, or any other security certification or third-party attestation. FlashTower enters into a Business Associate Agreement only by a separate written agreement signed by both parties; current availability is described on the healthcare security page. Nothing in the Service is a representation that FlashTower or any customer is certified or compliant.

5. Accounts and account security

5.1 Customer must provide accurate registration information and keep it current. Customer's Owners and Admins control membership and roles, and Customer is responsible for all activity under its account, including the acts and omissions of its Authorized Users.

5.2 Customer must keep credentials confidential, must not share accounts, and must enable multi-factor authentication for Authorized Users with administrative or approval privileges. Certain actions, including approval of high-impact Guard Actions, require a multi-factor-authenticated session.

5.3 Customer must notify security@flashtower.com promptly of any suspected unauthorized access to its account or credentials. FlashTower is not responsible for losses caused by compromised credentials, shared accounts, or Customer's failure to use available security controls.

6. Customer responsibilities

Customer is solely responsible for, and represents and warrants that it will remain in compliance with respect to:

1. Legal authority. Having, and maintaining throughout its use, all rights, authority, notices, and consents required by law or contract to connect, describe, assess, and monitor every system, account, AI tool, integration, and individual it records in or connects to the Service, including any monitoring of personnel.
2. Credentials and access. The security of its credentials, API keys, and integration tokens, and the permissions and scopes it grants FlashTower, which it should limit to what it needs.
3. Configuration. How it configures the Service, including roles, alert rules, retention settings, dry-run mode, rate limits, approval requirements, and kill switches.
4. Approvals and Guard Actions. Every Guard Action its Authorized Users approve and every Automation Policy its Owners or Admins enable, and the business consequences of those decisions (Section 7).
5. Integrations and third-party systems. The third-party systems it connects, its compliance with their terms, and changes it makes in them.
6. Authorized Users. Who it invites, the roles it assigns, removing access promptly when no longer needed, and its Authorized Users' compliance with the Agreement.
7. Customer Data. The accuracy, quality, legality, and appropriateness of Customer Data, and not submitting secrets, payment card numbers, protected health information (except as a signed Business Associate Agreement permits), or other data the Agreement prohibits.
8. Decisions and remediation. Its security program, incident response, remediation, and all decisions made on the basis of the Service.
9. Misuse. Preventing misuse of the Service through its account, and complying with the Acceptable Use Policy and applicable law.

7. FlashTower Guard and customer-authorized actions

7.1 Default. By default the Service observes and reports only. FlashTower does not revoke access, disable accounts, stop AI agents, terminate sessions, change permissions, or otherwise modify Customer's systems unless Customer opts in under this Section.

7.2 Customer authorization only. FlashTower executes a Guard Action only (a) after an Owner, Admin, or Security Admin of Customer's organization approves that specific action, or (b) within the conditions and limits of an Automation Policy that Customer's Owner or Admin explicitly created and enabled. FlashTower personnel never approve, deny, or pre-authorize Guard Actions on Customer's behalf. Autonomous action beyond Customer's own policies is not offered.

7.3 Safeguards. Dry-run mode is on by default and makes no changes. High-impact approvals require a multi-factor-authenticated session and typed confirmation, and Customer may require dual approval. Your organization's owners and admins can switch off Guard automation at any time (kill switch). FlashTower may pause Guard execution platform-wide for safety; a pause can only stop actions from executing, never start them.

7.4 Responsibility. FlashTower Guard acts only on actions your organization approves or on policies your authorized administrators explicitly pre-authorize. Your organization remains responsible for the permissions it grants FlashTower and for the decisions it makes. Automated responses can interrupt business processes; use dry-run mode, limits, and approvals appropriate to your environment. No security system detects or stops every threat. Because Customer decides whether each Guard Action runs, Customer is responsible for the effects of actions it authorizes, including interrupted workflows, revoked access, and irreversible changes. To the maximum extent permitted by law, FlashTower is not liable for the consequences of a Guard Action executed as Customer authorized, or for any failure to act while Guard was off, in dry-run mode, paused, rate-limited, awaiting approval, or unable to reach an integration.

7.5 Release. To the maximum extent permitted by law, Customer releases FlashTower from claims arising from Guard Actions executed in accordance with Customer's approval or Automation Policy. With respect to that release only, Customer waives the benefit of California Civil Code §1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

7.6 The AI Monitoring and Guard Terms describe Guard levels, safeguards, and current availability in more detail.

8. Customer Data

8.1 Ownership and license. As between the parties, Customer owns Customer Data. Customer grants FlashTower a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely to provide, secure, maintain, and support the Service, as described in the Privacy Policy and Data Processing Addendum, and as required by law.

8.2 Prohibited data. Customer must not upload passwords, API keys, access tokens, or other secrets; payment card numbers; protected health information, unless Customer and FlashTower have signed a Business Associate Agreement that covers it; or government identification numbers. The Service is designed to work with descriptions and metadata about systems, not the sensitive data those systems hold.

8.3 Aggregate Statistics. FlashTower may combine de-identified metadata from many organizations into aggregate statistics, such as peer benchmarks. A statistic is published or shown only when it is derived from at least 10 organizations, each organization contributes at most one value, and cells that are too small or dominated by a single organization are suppressed. Aggregates never include assessment answers, evidence, documents, prompts, credentials, personal information, organization names, or any organization-specific weakness. Organizations can opt out in Settings → Privacy. FlashTower does not sell customer data and does not use customer data to train AI models. Aggregate Statistics are not Customer Data, and FlashTower may use them to operate and improve the Service and to publish research.

8.4 AI features and model training. Optional AI features are off by default, subject to usage budgets, and run only if Customer's administrator enables them. AI output may be inaccurate. FlashTower does not use Customer Data to train AI models without Customer's explicit written authorization.

8.5 Usage Data. FlashTower may collect and use Usage Data to operate, secure, and improve the Service, provided it does not disclose Usage Data that identifies Customer or any individual except as described in the Privacy Policy.

9. Acceptable use and security testing

Customer must comply with the Acceptable Use Policy. Customer may use the Service only with systems it owns or is authorized to assess and monitor. Security testing of FlashTower itself is authorized only under the Responsible Disclosure Policy.

10. APIs

Use of any FlashTower API, API key, or webhook is subject to the API Terms, including keeping keys confidential and respecting rate limits.

11. Plans, fees, billing, and automatic renewal

11.1 Prices. Fees, plans, and entitlements are those shown on FlashTower's pricing page, in the application at checkout, or in an Order Form. FlashTower's published pricing or the Order Form governs. Payments are processed by Stripe on FlashTower's behalf, and Boostlete LLC is the merchant of record.

11.2 Automatic renewal. Subscriptions are billed in advance for each Subscription Term and renew automatically for successive terms of the same length at the then-current price until cancelled. By subscribing, Customer authorizes FlashTower, through Stripe, to charge its payment method at the start of each Subscription Term.

11.3 Trials. Where a plan includes a free trial, the subscription converts to a paid subscription at the end of the trial and the payment method is charged unless Customer cancels before the trial ends. Trial terms shown at signup control.

11.4 Price changes. FlashTower will give at least 30 days' notice before a price change applies to Customer's next renewal. Customer may cancel before the change takes effect.

11.5 Taxes. Fees exclude taxes. Customer is responsible for all sales, use, value-added, withholding, and similar taxes, other than taxes on FlashTower's net income, which FlashTower or Stripe may collect where required.

11.6 Invoiced customers. Where an Order Form provides for invoicing, invoices are due within 30 days of the invoice date unless the Order Form states otherwise.

12. Cancellation and refunds

12.1 Cancellation. Customer may cancel a subscription at any time from Billing in the application or by emailing billing@flashtower.com. Cancellation stops future renewals and takes effect at the end of the current Subscription Term. Customer keeps access to paid features until then.

12.2 Subscriptions are non-refundable once a period begins. Subscription fees are non-refundable once a Subscription Term begins, including for partial periods, unused features or seats, downgrades, and periods of non-use.

12.3 Paid Deliverables are non-refundable once delivered. Fees for a Paid Deliverable are fully earned and non-refundable once the deliverable has been generated, accessed, or downloaded, in whole or in part.

12.4 Discretionary refunds. Any refund or credit is issued solely at FlashTower's discretion where permitted by law, does not create an obligation to issue refunds or credits in the future, and ends access to whatever the refunded purchase unlocked. Refund requests may be sent to billing@flashtower.com.

12.5 Mandatory rights. Nothing in this Section limits any right to a refund or cancellation that applicable law grants and that cannot be waived by contract, or the pro-rata refunds expressly provided in Sections 3.2 and 19.3 and in the Data Processing Addendum.

12.6 Chargebacks. If Customer disputes a charge with its card issuer without first contacting billing@flashtower.com, FlashTower may suspend the account while the dispute is resolved.

13. Non-payment and suspension

If a payment fails or an invoice is overdue, FlashTower will notify Customer and may retry the charge. If the amount remains unpaid 14 days after notice, FlashTower may suspend paid features or downgrade the account until payment is received. Suspension does not relieve Customer of its obligation to pay amounts owed. Overdue invoiced amounts may accrue interest at the lesser of 1% per month or the maximum rate permitted by law.

14. Third-party services and integrations

Integrations depend on third-party services, their APIs, and their terms, which Customer accepts separately. Third-party services are not part of the Service, and FlashTower is not responsible for them, for their availability, or for changes they make that affect an integration. Customer may disconnect an integration at any time.

15. Availability and support

FlashTower uses commercially reasonable efforts to keep the Service available but does not guarantee uninterrupted or error-free operation. No service-level agreement applies unless one is expressly included in an Order Form. FlashTower may perform scheduled and emergency maintenance. Alerts, notifications, and emails may be delayed, deduplicated, or not delivered for reasons outside FlashTower's control; Customer should review alerts in the application and not rely solely on email. Support is available at support@flashtower.com.

16. Intellectual property and feedback

16.1 FlashTower and its licensors own all rights in the Service, including the risk engine, ruleset, detection logic, content, policy templates, documentation, and Aggregate Statistics. No rights are granted except as expressly stated in the Agreement.

16.2 Subject to the Agreement and payment of applicable fees, Customer may use reports and policy templates generated for its organization for its internal business purposes and may share reports with its advisors, auditors, insurers, customers, and regulators.

16.3 Customer will not copy, modify, resell, sublicense, or create derivative works of the Service, or use the Service or its content to build a competing product. FlashTower may use any feedback Customer provides without restriction or obligation.

17. Confidentiality

Each party will protect the other's non-public information that is marked or reasonably understood to be confidential (“Confidential Information”) using at least reasonable care, and will use and disclose it only to perform under or exercise rights under the Agreement. These obligations do not apply to information that is or becomes public through no fault of the recipient, was known to the recipient without restriction, is independently developed, or is rightfully received from a third party. A recipient may disclose Confidential Information when legally compelled, after giving notice where legally permitted. Customer Data is Customer's Confidential Information.

18. Security and incident notification

FlashTower maintains administrative, technical, and organizational safeguards designed to protect Customer Data, as summarized on the Security page and in the Data Processing Addendum. FlashTower will notify Customer of a confirmed Security Incident affecting Customer Data without undue delay and in any event within 72 hours of confirmation, as described in the Security Incident Terms. No system is perfectly secure.

19. Term, suspension, and termination

19.1 Term. The Agreement continues while Customer has an account or active subscription.

19.2 Suspension. FlashTower may suspend access, in whole or in part, with notice where practicable, for non-payment under Section 13, a violation of the Acceptable Use Policy, a security risk to the Service or others, or a legal requirement. FlashTower will limit a suspension to what is reasonably necessary and restore access once the cause is resolved.

19.3 Termination. Customer may terminate by cancelling and closing its account. Either party may terminate the Agreement for the other party's material breach that remains uncured 30 days after written notice. If FlashTower terminates for convenience or discontinues the Service, it will refund prepaid fees for the unused remainder of the Subscription Term.

19.4 Data export. For 30 days after termination, Customer may request an export of Customer Data. After that period, FlashTower deletes Customer Data as described in Data Retention, Export, and Deletion.

19.5 Survival. Sections that by their nature should survive termination survive, including Sections 4, 6, 7.4, 7.5, 8.3, 12, 16, 17, and 20 through 28, and any obligation to pay fees accrued before termination.

20. Disclaimer of warranties

THE SERVICE, INCLUDING ALL FINDINGS, SCORES, ALERTS, REPORTS, RECOMMENDATIONS, POLICY TEMPLATES, GUARD ACTIONS, AND AI-GENERATED NARRATIVE, IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASHTOWER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, FLASHTOWER DOES NOT WARRANT THAT THE SERVICE WILL IDENTIFY, DETECT, PREVENT, OR STOP ANY OR ALL RISKS, THREATS, VULNERABILITIES, ATTACKS, OR INCIDENTS; THAT ALERTS WILL BE ACCURATE, COMPLETE, DELIVERED, OR TIMELY; THAT RECOMMENDED OR AUTOMATED ACTIONS WILL BE APPROPRIATE FOR CUSTOMER'S ENVIRONMENT OR WILL SUCCEED; THAT ANY AI SYSTEM WILL BEHAVE AS EXPECTED; THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR THAT USE OF THE SERVICE WILL RESULT IN ANY REGULATORY, CERTIFICATION, AUDIT, OR COMPLIANCE OUTCOME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY.

21. Limitation of liability

21.1 EXCLUDED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLASHTOWER, BOOSTLETE LLC, OR THEIR MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, BUSINESS INTERRUPTION, COSTS OF PROCURING REPLACEMENT SERVICES, OR LOSSES FROM CYBER INCIDENTS, ATTACKS, OR SECURITY EVENTS CAUSED BY OR ORIGINATING IN CUSTOMER'S ENVIRONMENT OR THIRD PARTIES, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 FREE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASHTOWER'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE FREE SERVICE, OR TO ANY USE BY A CUSTOMER THAT HAS NOT PAID FEES TO FLASHTOWER, IS ZERO DOLLARS (US$0).

21.3 PAID SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND UNLESS APPLICABLE LAW REQUIRES OTHERWISE, FLASHTOWER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID BY THAT CUSTOMER TO FLASHTOWER DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (AND, FOR FEES PAID IN ADVANCE FOR A PERIOD LONGER THAN ONE MONTH, THE PORTION OF THOSE FEES ATTRIBUTABLE TO ONE MONTH).

21.4 Application. These limitations apply to all claims in the aggregate, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and even if a limited remedy fails of its essential purpose. They do not limit Customer's payment obligations or indemnification obligations. The fees reflect this allocation of risk.

21.5 Non-excludable liability. Nothing in the Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation, intentional misconduct, gross negligence to the extent such liability cannot lawfully be limited, death or personal injury caused by negligence, or rights under statutes that cannot be waived by contract.

22. Indemnification

22.1 Customer indemnity. Customer will defend, indemnify, and hold harmless FlashTower, Boostlete LLC, and their members, managers, employees, and agents from and against any third-party claim, demand, investigation, or proceeding, and resulting losses, damages, fines, penalties, costs, and reasonable attorneys' fees, arising out of or relating to:

1. Customer's or its Authorized Users' misuse of the Service or use in violation of the Agreement or applicable law;
2. Customer Data, including any claim that Customer Data or its processing as permitted by the Agreement infringes or violates a third party's rights or applicable law;
3. Guard Actions Customer approved, Automation Policies Customer enabled, and any other instruction Customer gave to FlashTower Guard or other response features;
4. monitoring, assessment, or connection of any system, account, or individual that Customer was not authorized to monitor, assess, or connect, including any failure to give required notices or obtain required consents;
5. integrations Customer connected without authorization from the owner of the connected system;
6. Customer's configuration of the Service or of its own or third-party systems; or
7. Customer's violation of any third party's rights, including intellectual property and privacy rights.

22.2 Procedure. FlashTower will (a) give Customer prompt written notice of the claim (a delay relieves Customer of its obligations only to the extent Customer is materially prejudiced), (b) give Customer sole control of the defense and settlement, except that Customer may not settle any claim that imposes an obligation or admission on FlashTower without FlashTower's prior written consent, and (c) provide reasonable cooperation at Customer's expense. FlashTower may participate with counsel of its choosing at its own expense.

22.3 FlashTower indemnity. Any indemnity from FlashTower applies only if and as expressly set out in an Order Form.

23. Dispute resolution; binding arbitration; class-action waiver

23.1 Informal resolution first. Before starting arbitration or a court proceeding, a party must send the other a written notice describing the dispute and the relief sought (a “Dispute Notice”). Legal notices to FlashTower must be sent by email to privacy@flashtower.com with the subject line “Legal Notice”, with a copy by mail or courier to Boostlete LLC, Attn: Legal, 1620 N Carpenter Rd, Suite D46, Modesto, CA 95351. FlashTower will send its Dispute Notice to Customer's account email. The parties will try in good faith to resolve the dispute for 60 days after the Dispute Notice is received, including, on request, by a video or telephone conference. Statutes of limitation are tolled during this period.

23.2 Agreement to arbitrate. Except as provided in Sections 23.5 and 23.6, any dispute, claim, or controversy arising out of or relating to the Agreement or the Service, including its formation, scope, or enforceability (a “Dispute”), will be resolved exclusively by final and binding arbitration on an individual basis. The Federal Arbitration Act (9 U.S.C. §1 et seq.) governs this Section.

23.3 Rules and administration. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if Customer is an individual using the Service primarily for personal, family, or household purposes, and otherwise under its Commercial Arbitration Rules, as modified by this Section. The rules are available at adr.org. A single arbitrator will decide the Dispute. Hearings will take place by video conference or, if the arbitrator requires an in-person hearing, in Stanislaus County, California, or another location the parties agree. Payment of filing, administration, and arbitrator fees is governed by the AAA rules, and FlashTower will pay any fees the applicable rules or law require it to pay. The arbitrator may award the same individual relief a court could, and the award may be entered in any court of competent jurisdiction.

23.4 Class, collective, and jury waivers. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one party or preside over any class, collective, or representative proceeding, and may award relief only in favor of the individual party seeking it and only to the extent necessary for that party's individual claim. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

23.5 Small-claims exception. Either party may bring an individual claim in small-claims court if it qualifies and remains there on an individual basis.

23.6 Injunctive and emergency relief exception. Either party may seek temporary, preliminary, or permanent injunctive relief or other emergency equitable relief in court to protect its intellectual property rights or Confidential Information, or to stop or prevent unauthorized access to, misuse of, or a threat to the security or integrity of the Service or its systems, without first completing the informal resolution process.

23.7 Mass arbitration. If 25 or more Dispute Notices or demands for arbitration raising substantially similar claims are submitted by or with the assistance of the same or coordinated counsel or organizations, they will be administered in batches of up to 100 claims each (with the final batch containing any remainder). Each batch will be assigned to a single arbitrator for a single set of fees and one consolidated award per batch, and the next batch will not proceed until the prior batch is resolved, unless the parties agree otherwise. Statutes of limitation are tolled for claims awaiting a batch. A court of competent jurisdiction may resolve any disagreement about whether this provision applies.

23.8 30-day right to opt out. You may opt out of this agreement to arbitrate by sending an email to privacy@flashtower.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms. The opt-out must state your name (and organization, if any), the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of the Agreement. If FlashTower makes a material change to this Section, you may opt out of the changed provisions within 30 days after the change takes effect.

23.9 Severability. If the class-action or collective-action waiver in Section 23.4 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) will be severed and must proceed in court and not in arbitration, and it will be stayed pending the completion of any individual arbitration. If any other part of this Section is found unenforceable, the remainder will be enforced to the fullest extent permitted by law.

23.10 Venue for non-arbitrable matters. Any Dispute not subject to arbitration, including a claim by a party that has opted out, will be brought exclusively in the state courts located in Stanislaus County, California, or the United States District Court for the Eastern District of California, and each party consents to the personal jurisdiction of and venue in those courts.

24. Governing law

The Agreement is governed by the laws of the State of California, subject to applicable federal law and to the Federal Arbitration Act as provided in Section 23, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

25. Changes to these Terms

FlashTower may update these Terms. The updated version will be posted on this page with a new “Last updated” date. For material changes, FlashTower will give at least 30 days' notice by email to account owners and by notice in the application before the changes take effect. Changes required by law or addressing new features may take effect sooner where permitted. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If Customer does not agree, it must stop using the Service and may cancel as described in Section 12. Changes do not apply retroactively to Disputes of which a party had notice before the change.

26. Order Forms and enterprise agreements

Where Customer and FlashTower have signed an Order Form or master services agreement, the Enterprise Provisions apply, including their order of precedence. Terms in a Customer purchase order, vendor portal, or similar document do not modify the Agreement, even if accepted or acknowledged by FlashTower.

27. Electronic communications and notices

Customer consents to receive communications electronically. Transactional and security communications — including sign-in emails, security notices, alerts, Guard approval requests, billing receipts, and notices about the Agreement — are part of the Service. Marketing emails are optional and include an unsubscribe link. FlashTower sends notices to Customer's account email or through the application. Legal notices to FlashTower must be sent by email to privacy@flashtower.com with the subject line “Legal Notice”, with a copy by mail or courier to Boostlete LLC, Attn: Legal, 1620 N Carpenter Rd, Suite D46, Modesto, CA 95351.

28. General

• Entire agreement. The Agreement is the entire agreement between the parties about its subject matter and supersedes all prior agreements and understandings.
• Assignment. Customer may not assign the Agreement without FlashTower's prior written consent, except to a successor to substantially all of its business that assumes the Agreement. FlashTower may assign the Agreement in connection with a merger, acquisition, reorganization, or transfer of the FlashTower business, including to an affiliate or a dedicated FlashTower entity, with notice to Customer.
• Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or utility failures, failures of third-party providers, and attacks by third parties.
• Export and sanctions. Each party will comply with applicable export-control and sanctions laws. Customer represents that it is not located in, or owned or controlled by a person in, a comprehensively sanctioned jurisdiction, and is not a restricted party.
• Independent contractors. The parties are independent contractors. No partnership, agency, fiduciary, or employment relationship is created.
• No third-party beneficiaries. There are no third-party beneficiaries of the Agreement, except the indemnified persons in Section 22.
• Severability and waiver. If a provision is unenforceable, it will be enforced to the maximum extent permissible and the rest of the Agreement remains in effect, subject to Section 23.9. A failure to enforce a provision is not a waiver.
• Publicity. FlashTower will not use Customer's name or logo as a customer reference without Customer's prior written consent.
• Headings. Headings are for convenience only. “Including” means “including without limitation”.

Contact

FlashTower is operated by Boostlete LLC, 1620 N Carpenter Rd, Suite D46, Modesto, CA 95351. Privacy and legal notices: privacy@flashtower.com. Security: security@flashtower.com. Support: support@flashtower.com. Billing: billing@flashtower.com. General inquiries: hello@flashtower.com.