Terms of Service

Last updated: April 13, 2026

1. Acceptance of Terms

By creating an account, subscribing to any plan, or using BKFlow ("the Platform", "the Service"), operated by BKFlow LLC ("Company", "we", "us"), you ("User", "Agent", "you") agree to be bound by these Terms of Service. If you do not agree, do not use the Platform. Your continued use constitutes ongoing acceptance of these Terms and any updates thereto.

2. Description of Service

BKFlow provides a software-as-a-service (SaaS) platform that enables insurance agents to send automated SMS sequences to their existing contacts via Twilio. The Platform includes CRM functionality, message scheduling, conversation management, and analytics. BKFlow does not provide telecommunications services directly — all SMS messages are sent through third-party carriers and Twilio infrastructure.

3. User Responsibilities & Compliance

You are solely and entirely responsible for:

  • TCPA Compliance: You represent and warrant that every contact you upload to BKFlow has provided prior express written consent to receive text messages from you, as required by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all applicable FCC regulations. You understand that sending unsolicited text messages may violate federal and state laws and subject you to fines of $500 to $1,500 per message.
  • Lead Data Ownership: You represent and warrant that you have the legal right to possess, store, and use all contact data uploaded to the Platform. You are solely responsible for the accuracy, legality, and source of all lead data.
  • Message Content: You are solely responsible for the content of all messages sent through the Platform. Messages must not contain false, misleading, deceptive, defamatory, or illegal content.
  • Opt-Out Handling: You must honor all opt-out requests immediately. The Platform automatically processes "STOP" messages, but you are responsible for ensuring compliance with all opt-out mechanisms required by law.
  • State & Local Laws: You are responsible for compliance with all applicable state, local, and federal laws governing telemarketing, text messaging, insurance solicitation, and data privacy in every jurisdiction where your contacts reside.
  • 10DLC Registration: You understand that business SMS messaging in the United States requires 10DLC (Ten Digit Long Code) campaign registration with wireless carriers, and you agree to provide accurate business information for this registration.
  • Insurance Licensing: You represent and warrant that you hold all necessary insurance licenses and certifications required to conduct insurance business in your jurisdiction(s).

4. Disclaimer of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • BKFlow is a technology platform only. We do not send messages on your behalf — you direct the Platform to send messages using your credentials, your Twilio number, and your contact lists. You are the sender of all messages.
  • BKFlow shall not be held liable for any fines, penalties, lawsuits, claims, damages, or regulatory actions arising from your use of the Platform, including but not limited to TCPA violations, CAN-SPAM violations, state telemarketing violations, or any other legal claims related to messages sent through the Platform.
  • BKFlow shall not be liable for any loss of business, loss of revenue, loss of data, loss of leads, missed appointments, failed message delivery, carrier filtering, or any indirect, incidental, special, consequential, or punitive damages.
  • BKFlow shall not be liable for any actions taken by third-party services including but not limited to Twilio, Stripe, wireless carriers, or any data providers.
  • BKFlow makes no guarantees regarding message delivery rates, response rates, appointment bookings, or any specific business outcomes.

5. Indemnification

You agree to indemnify, defend, and hold harmless BKFlow LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any law or regulation, including but not limited to the TCPA; (d) any claim by a third party that messages sent through your account were unsolicited, unlawful, or harmful; (e) your lead data, message content, or business practices.

6. Subscription & Billing

  • Subscriptions are billed monthly or annually at the rate displayed at the time of purchase. All fees are non-refundable except as required by law or at our sole discretion.
  • We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance.
  • Failed payments may result in service suspension. Accounts with payment failures for more than 14 days may be terminated.
  • Twilio messaging fees, 10DLC registration fees, and phone number fees are separate from your subscription and may be charged additionally based on your usage.

7. Data & Privacy

  • You retain ownership of all data you upload to the Platform. We do not sell, share, or use your lead data for any purpose other than providing the Service to you.
  • We implement industry-standard security measures including encryption, row-level security, and access controls to protect your data.
  • Upon account termination, your data will be retained for 30 days and then permanently deleted unless otherwise required by law.
  • See our Privacy Policy for full details on data handling.

8. Prohibited Uses

You may not use BKFlow to:

  • Send messages to contacts who have not provided prior express written consent
  • Send messages containing illegal, fraudulent, or deceptive content
  • Violate any federal, state, or local law or regulation
  • Harass, threaten, or intimidate any person
  • Impersonate any person or entity
  • Upload data obtained through illegal means
  • Attempt to circumvent platform limits, security measures, or opt-out mechanisms
  • Resell, sublicense, or share your account with unauthorized users

9. Account Termination

We reserve the right to suspend or terminate your account immediately, without notice, if we believe you are violating these Terms, engaging in illegal activity, or causing harm to the Platform, other users, or third parties. You may cancel your subscription at any time through the Platform settings or Stripe billing portal.

10. Limitation of Liability

IN NO EVENT SHALL BKFLOW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO BKFLOW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You agree to waive any right to a jury trial or to participate in a class action lawsuit. The arbitration shall take place in the state where BKFlow LLC is incorporated.

12. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Your continued use after modifications constitutes acceptance.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

14. Contact

For questions about these Terms, contact us at legal@bkflow.com.