Terms of Service

Last updated: November 19, 2025

FlowTruss Network Dataflow Analyzer (NDA) Terms of Service

These Terms of Service ("Terms") govern access to and use of the FlowTruss Network Dataflow Analyzer desktop and web applications, related services, and documentation (collectively, the "Service") provided by FlowTruss LLC, a Kentucky limited liability company ("FlowTruss," "we," "us," or "our"). If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. By creating an account, accessing, or using the Service, you agree to these Terms.

1. Relationship to the EULA

Use of downloadable or desktop software is also subject to the FlowTruss End User License Agreement ("EULA"). If there is a conflict, the Order (if any) controls as to commercial terms (fees, quantity, term, metric), then the EULA for the software license, and then these Terms for Service-related matters. Third-party licenses (for datasets or creative assets) govern those materials.

2. Accounts & Eligibility

2.1 You must provide accurate registration and billing information, keep credentials secure, and promptly notify FlowTruss of unauthorized access. You are responsible for activities under your account.

2.2 You must be at least the age of majority in your jurisdiction to use the Service. If you sign up on behalf of an entity, "you" means that entity.

3. Plans, Subscriptions, and Cancellations

3.1 Plans. The Service is offered as: (a) Free Tier (no fee, personal/non-commercial), (b) Individual, and (c) Enterprise. A browser-based Web Version is available and operates under the same use restrictions as the Free Tier unless otherwise stated.

3.2 Subscriptions. Individual and Enterprise are subscription plans that auto-renew for the term shown at checkout or in the Order unless you cancel before the renewal date. You may cancel at any time; cancellation is effective at the end of the then-current term, and you remain licensed or entitled to access through that date. Unless required by law or stated otherwise in the Order, fees are non-refundable for partial terms.

3.3 Pricing & Changes. We may change plan features or pricing prospectively. Any changes take effect on renewal or as otherwise stated in an Order.

4. Payment, Taxes, and Trials

4.1 Charges are billed to your selected payment method per the pricing posted on the NDA site or as set out in your Order. You authorize us to charge all fees, including renewal fees, taxes, and applicable surcharges.

4.2 Taxes. Fees are exclusive of taxes; you are responsible for any sales, use, VAT, or similar taxes (excluding taxes based on our net income).

4.3 Trials/Promotions. Any free trial or promotional offering is subject to its posted terms and may be modified or terminated at any time.

5. Refund Policy

If you are unsatisfied, you may request a refund within thirty (30) days of your initial purchase or renewal. Refunds are issued to the original payment method. After 30 days, refunds are evaluated case-by-case for outages or material defects. Submit requests to billing@flowtruss.com. Approved refunds are typically processed within seven (7) business days.

6. Acceptable Use & Lawful Monitoring

6.1 You will not:

use the Service for unlawful purposes or in violation of others' rights;
interfere with or impair the Service's security or performance;
probe, scan, or test networks without authorization;
upload malicious code;
attempt to circumvent technical protections or license controls; or
redistribute, sublicense, resell, or provide the Service to third parties without our written permission.

6.2 Network or packet capture may be regulated. You are responsible for obtaining all necessary consents and complying with applicable laws when capturing, inspecting, or processing traffic or personal data.

7. Customer Data, Service Data & Privacy

7.1 "Customer Data" means packet captures and operational data you submit to or process with the Service. You retain all rights to Customer Data.

7.2 Desktop software generally processes data locally or within your managed infrastructure. When you use the Web Version or enable cloud features, data may be transmitted to and processed by FlowTruss-controlled systems to provide those features.

7.3 We may collect telemetry and usage metrics ("Service Data") to secure, maintain, and improve the Service. Any processing of personal data is described in our Privacy Policy available on the FlowTruss website.

8. Third-Party Materials and Services

The Service may include or depend on third-party software, datasets, or creative assets that are licensed under their own terms (for example, open-source components, IP geolocation datasets, or icon libraries). To the extent required, those terms govern the relevant components, and nothing in these Terms limits your rights under those third-party licenses.

9. Changes to the Service

We may modify, discontinue, or deprecate features from time to time. For material changes, we will provide reasonable notice when feasible. If you do not agree with changes, your remedy is to cancel prior to renewal (see Section 3).

10. Intellectual Property; Feedback; DMCA

10.1 Ownership. FlowTruss and its licensors retain all rights in the Service. Except as expressly granted, no rights are transferred.

10.2 Feedback. You grant FlowTruss a worldwide, irrevocable, royalty-free license to use suggestions or feedback to improve our offerings without obligation.

10.3 DMCA. If you believe your content has been used in a way that constitutes infringement, contact legal@flowtruss.com with details of the claimed infringement and your contact information.

11. Security; Suspension

We implement commercially reasonable technical and organizational measures for the Service. We may suspend or limit access immediately if use (a) poses a security risk, (b) violates law or these Terms, or (c) could harm the Service or others.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWTRUSS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) FLOWTRUSS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) FLOWTRUSS'S AGGREGATE LIABILITY FOR ALL CLAIMS IS LIMITED TO THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME LIMITS MAY NOT APPLY.

14. High-Risk Use

The Service is not designed for use in hazardous environments requiring fail-safe performance (for example, life support, nuclear, or aviation). You assume all risk for such use.

15. Export, Sanctions & Compliance

You must comply with all applicable export control and sanctions laws. You represent that you are not on any U.S. government denied-party list and will not export, re-export, or use the Service in embargoed destinations or prohibited end-uses. You must comply with laws applicable to network monitoring and data privacy.

16. U.S. Government End Users

The Service and documentation are "commercial computer software" and "commercial computer software documentation." Government end users acquire only those rights set forth in these Terms and the EULA.

17. Indemnification

You will defend, indemnify, and hold harmless FlowTruss from and against third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your (a) breach of these Terms, (b) unlawful capture or processing of data, or (c) misuse of the Service, except to the extent caused by FlowTruss's willful misconduct.

18. Termination

Either party may terminate for convenience upon notice; if you terminate, access continues through the end of the paid term (if any). Either party may terminate for material breach not cured within ten (10) days after written notice. Upon termination, you must stop using the Service and delete any copies within your control. Sections intended to survive (including 7–15 and 17–22) will survive.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with an updated "Last updated" date. If you continue to use the Service after changes become effective, you accept the updated Terms. If you do not agree, you must stop using the Service and, for paid plans, cancel before renewal.

20. Governing Law & Venue

These Terms are governed by the laws of the Commonwealth of Kentucky, USA, without regard to conflict-of-law rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Kentucky.

21. Notices

Legal notices to FlowTruss must be sent by email to legal@flowtruss.com. We may send notices to the email address associated with your account or Order.

22. Miscellaneous

22.1 Entire Agreement. These Terms, the EULA, any applicable Order, and any linked policies (for example, our Privacy Policy) constitute the entire agreement regarding the Service and supersede prior or contemporaneous agreements on that subject.

22.2 Assignment. You may not assign these Terms without our consent, except to a successor to substantially all of your assets or business who agrees in writing to be bound by these Terms. Any prohibited assignment is void.

22.3 Severability & Waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder will remain in effect. No waiver is effective unless in writing and signed. Headings are for convenience only.