Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using DreamFlow, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are using the Service on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent. If you do not agree to these Terms, you must not use the Service.

2. Definitions

• "Service" means the DreamFlow CRM platform, including all features, tools, APIs, and related services accessible through dreamflowcrm.com.
• "Customer Data" means all data, content, and information that you or your authorized users upload, input, or store in the Service, including contacts, communications, business records, and files.
• "Organization" means the business entity or workspace created within DreamFlow under which users and data are managed.
• "User"means any individual authorized by the Organization owner to access the Service under the Organization's account.
• "Subscription" means the paid plan tier selected by the Customer, which determines features, usage limits, and pricing.

3. Description of Service

DreamFlow is a comprehensive customer relationship management (CRM) platform designed for businesses. The Service includes, but is not limited to:

• Contact and Lead Management: Store, organize, and manage contacts, leads, companies, and custom fields.
• Sales Pipeline: Visual pipeline management, deal tracking, proposals, and forecasting.
• Email Communication: Send and receive emails, create email campaigns, marketing sequences, and automated email workflows.
• SMS Messaging: Send and receive SMS messages to contacts via integrated phone numbers.
• Voice Calling: Make and receive phone calls with call recording and AI-powered transcription.
• Live Chat: Embeddable chat widget for real-time customer communication.
• AI Features: AI-powered content generation, call transcription, lead scoring, analytics insights, and the Sally AI assistant.
• Marketing Tools: Campaign management, audience segmentation, form builder, and deliverability tools.
• Task and Calendar Management: Task tracking, calendar scheduling, and team coordination.
• Analytics and Reporting: Revenue forecasting, performance dashboards, and custom reports.
• Automations: Workflow automation, triggers, and custom automation sequences.

Features and capabilities may vary based on your Subscription tier. We reserve the right to modify, add, or remove features with reasonable notice to customers.

4. Account Registration

• You must provide accurate, current, and complete information during registration and keep your account information updated.
• Each account is associated with one Organization. The individual who creates the Organization is the Organization owner and has full administrative control.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must notify us immediately at support@whywedream.com if you suspect unauthorized access to your account.
• You must be at least 18 years of age to create an account and use the Service.
• We reserve the right to refuse registration or cancel accounts that violate these Terms.

5. Free Trial

• New accounts are eligible for a 14-day free trial with access to Scale-tier features. No credit card is required to start a trial.
• At the end of the trial period, your account will be placed in read-only mode. You will retain the ability to view and export your data but will not be able to create or modify records until you subscribe to a paid plan.
• Your data will be retained for 30 days after trial expiration. After 30 days, data from unconverted trial accounts is permanently deleted.
• We reserve the right to modify or discontinue the free trial offer at any time. Any changes will not affect active trials.

6. Subscription and Billing

6.1 Plan Tiers

DreamFlow is offered on the following subscription tiers (pricing is per month, billed monthly):

6.2 Billing Terms

• Subscriptions are billed in advance on a monthly or annual basis. Annual subscriptions receive a discount compared to monthly billing.
• All fees are stated and charged in United States Dollars (USD).
• Payment is processed securely through Stripe. We accept major credit cards and other payment methods supported by Stripe.
• Fees are non-refundable except as expressly stated in Section 7 (Cancellation and Refunds) or as required by applicable law.

6.3 Plan Changes

• Upgrades: Plan upgrades take effect immediately. You will be charged a prorated amount for the remainder of your current billing period at the new plan rate.
• Downgrades: Plan downgrades take effect at the start of your next billing period. You will retain access to higher-tier features until the end of your current billing period.

6.4 Failed Payments

If a payment fails, we will attempt to process the payment for up to 7 days, notifying you by email on days 1, 3, and 7. If payment is not resolved within 7 days, your account will be placed in read-only mode until a valid payment method is provided and outstanding charges are settled.

6.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any sales tax, use tax, VAT, or other applicable taxes associated with your subscription, unless you provide a valid tax exemption certificate.

7. Cancellation and Refunds

• You may cancel your subscription at any time from the Settings page within DreamFlow. Cancellation takes effect at the end of your current billing period.
• Upon cancellation, you retain full access to the Service until the end of your paid billing period. After that, your account enters read-only mode.
• Your data will remain available for export for 30 days after your subscription ends. After 30 days, your data will be permanently deleted.
• We offer a 30-day money-back guarantee for new subscribers. If you are not satisfied within the first 30 days of a paid subscription, contact us for a full refund.
• Outside the 30-day money-back guarantee period, we do not provide refunds for partial billing periods, except as required by applicable law.
• At the time of cancellation, we may offer a retention discount. Acceptance of such discount constitutes a new billing agreement at the discounted rate.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree not to:

• Send unsolicited bulk communications (spam), including unsolicited emails, SMS messages, or calls to individuals who have not opted in to receive such communications.
• Violate any applicable local, state, national, or international law or regulation, including but not limited to CAN-SPAM, TCPA, GDPR, CCPA, and any applicable telecommunications regulations.
• Upload, store, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Upload or transmit malware, viruses, or other malicious code.
• Attempt to gain unauthorized access to other users' accounts, our systems, or any connected networks.
• Interfere with or disrupt the Service's infrastructure, servers, or networks, including via excessive API calls or denial-of-service attacks.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service.
• Resell, sublicense, or redistribute the Service or any part of it without our express written authorization.
• Use the Service to conduct or promote any fraudulent, deceptive, or misleading business practices.
• Scrape, data mine, or use automated means to extract data from the Service beyond what is provided through authorized APIs and export features.

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice, depending on the severity of the violation.

9. Communication Services

DreamFlow provides email, SMS, and voice calling capabilities. By using these features, you acknowledge and agree to the following:

• Compliance: You are solely responsible for ensuring that your use of communication features complies with all applicable laws, including but not limited to CAN-SPAM (email), TCPA (calls/SMS), and GDPR (European recipients). This includes obtaining proper consent before sending marketing communications.
• Opt-Out Obligations: You must honor all unsubscribe requests and opt-out preferences. DreamFlow provides automated opt-out handling, but you are responsible for ensuring compliance.
• Call Recording: If you enable call recording, you are responsible for complying with all applicable recording consent laws, which vary by jurisdiction. Some jurisdictions require all-party consent.
• Usage Limits:Each plan tier includes specific allocations for emails, SMS messages, and call minutes. Usage beyond your plan's allocation may result in additional charges or throttling. Current usage limits are detailed on our pricing page.
• Prohibited Content: You may not use communication features to send content that is illegal, harassing, threatening, or that infringes on third-party rights.

9.1 SMS / Text Messaging Terms

DreamFlow may send SMS text messages to you for account notifications and, with your separate consent, marketing and promotional purposes. By opting in to receive SMS messages from DreamFlow, you agree to the following:

• Program Name: DreamFlow CRM SMS Notifications and Marketing.
• Message Frequency: Message frequency varies based on your account activity and preferences. You may receive up to 10 messages per month.
• Message and Data Rates: Message and data rates may apply. Contact your mobile carrier for details about your text messaging plan.
• Opt-Out: Reply STOP to any message to unsubscribe from SMS communications. You will receive a one-time confirmation message. You may also opt out from your account settings.
• Help: Reply HELP to any message for assistance, or contact support@whywedream.com.
• Consent Not Required: Consent to receive SMS messages is not a condition of purchasing any goods or services from DreamFlow.
• Carrier Disclaimer: DreamFlow and mobile carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages.
• Supported Carriers:Major US carriers are supported, including AT&T, Verizon, T-Mobile, Sprint, and others. Carrier coverage may vary.

For full details on how we handle your phone number and SMS data, see Section 3 of our Privacy Policy.

10. AI-Powered Features

• DreamFlow includes AI-powered features such as content generation, email drafting, call transcription, lead scoring, and the Sally AI assistant. These features are provided by third-party AI services (Anthropic and OpenAI).
• AI-generated content is provided "as is" and may contain errors or inaccuracies. You are responsible for reviewing, editing, and approving all AI-generated content before use.
• Your data processed by AI features is not used to train third-party AI models, pursuant to our data processing agreements with AI providers.
• AI features may be subject to usage limits based on your plan tier. We refer to these as "AI credits."
• You may disable AI features at any time from your account settings without affecting core CRM functionality.
• We are not liable for actions taken based on AI-generated content or recommendations. You should exercise your own judgment when using AI features for business decisions.

11. Data Ownership and Licensing

• Your Data: You retain all rights, title, and interest in and to your Customer Data. We do not claim ownership of your data. DreamFlow acts as a data processor on your behalf.
• License to Us: You grant us a limited, non-exclusive, worldwide license to use, process, store, and transmit your Customer Data solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete your data or close your account.
• Aggregated Data: We may create anonymized, aggregated data derived from your use of the Service (such as aggregate usage statistics). This aggregated data does not identify you or your contacts and may be used for product improvement, benchmarking, and research.
• Data Portability: You may export your Customer Data at any time through the Settings page in standard formats (CSV, JSON). We will not hold your data hostage.

12. Intellectual Property

The Service, including its original content, features, functionality, design, trademarks, logos ("DreamFlow," "Why We Dream," "Sally" and related marks), and source code, is and will remain the exclusive property of Why We Dream LLC and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand features without our prior written consent.

13. Service Availability

• We use commercially reasonable efforts to maintain high availability of the Service but do not guarantee uninterrupted or error-free access. The Service is not covered by a formal Service Level Agreement (SLA) unless separately negotiated under an Enterprise agreement.
• We may perform scheduled maintenance with reasonable advance notice. Where possible, maintenance will be scheduled during off-peak hours.
• We are not liable for any downtime, delays, or disruptions caused by factors beyond our reasonable control, including but not limited to internet outages, third-party service failures, natural disasters, or government actions.

14. Third-Party Integrations

The Service may integrate with or provide links to third-party services. Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for the content, accuracy, availability, or practices of any third-party services. Enabling a third-party integration may require sharing certain data with that third-party service, and you consent to such sharing when you enable an integration.

15. Termination

• By You: You may terminate your account at any time by cancelling your subscription from Settings and requesting account deletion. Cancellation takes effect at the end of your current billing period.
• By Us: We may suspend or terminate your account immediately and without notice if: (a) you violate these Terms or the Acceptable Use Policy; (b) your use of the Service poses a security risk to us or other customers; (c) we are required to do so by law; or (d) your account has been inactive for more than 12 months.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. Your data will be available for export for 30 days following termination. After 30 days, your data will be permanently deleted from our systems, except where retention is required by law.
• Survival: Sections relating to Data Ownership, Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law survive termination of these Terms.

16. Disclaimer of Warranties

17. Limitation of Liability

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States Dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless Why We Dream LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including communications laws (CAN-SPAM, TCPA, GDPR); (d) your Customer Data or any content you transmit through the Service; or (e) your infringement of any third-party rights.

19. Dispute Resolution

• Informal Resolution: Before filing any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us at support@whywedream.com. We will attempt to resolve the dispute within 30 days.
• Binding Arbitration:If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Salt Lake City, Utah. The arbitrator's decision shall be final and binding.
• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
• Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. To the extent that arbitration does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah for any legal proceedings arising out of or relating to these Terms.

21. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email at least 30 days before the changes take effect. We will also update the "Last updated" date at the top of this page. The most current version of these Terms will always be available at dreamflowcrm.com/terms. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must stop using the Service and cancel your subscription.

22. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Why We Dream LLC regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure: We shall not be liable for any failure to perform obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet infrastructure failures.
• Notices: We may send you notices via email to the address associated with your account. You may send notices to us at support@whywedream.com. Notices are deemed delivered when sent by email.

23. Contact Us

If you have questions about these Terms of Service or need to report a violation, please contact us: