Terms of Service

Terms of Service

Effective Date: December 5th, 2025

1. Agreement to Terms

These Terms and Conditions ("Terms") apply to your use of https://www.quellflowpro.com (the "Site"), which is owned and operated by QuellFlowPro, a sole proprietorship owned by Cynthia A. Eyanson, located in California ("we", "us", "our"). By accessing or using the Site, you agree to comply with these Terms without modification. If you do not agree to these Terms, you must not access or use the Site.

We may update these Terms at any time by posting a revised version on the Site, with the "Effective Date" updated above. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms.

2. Definitions

  • "User," "you," and "your" mean any person or entity that accesses or uses the Site.
  • "Service" means any product, service, consultation, subscription, program, content, or feature offered via the Site.
  • "Content" means all material provided on or through the Site, including text, graphics, images, videos, audio, software, code, and other materials.
  • "Submissions" means any content, materials, information, feedback, ideas, or other items that you upload, submit, post, transmit, or otherwise provide to us through the Site or related channels.

3. Related Policies

Our Privacy Policy and any other policies or notices posted on the Site are incorporated into these Terms by reference and form part of the agreement between you and us. If there is any conflict between these Terms and the Privacy Policy, the Privacy Policy will control with respect to the collection and use of personal information under California and other applicable privacy laws.

4. SMS Messaging Policy

By providing a phone number and opting in, you consent to receive SMS and MMS messages regarding inquiries, appointments, alerts, reminders, and promotional offers related to our Services. Standard message and data rates may apply, and message frequency may vary.

  • Reply "STOP" to unsubscribe from future messages.
  • Reply "HELP" for help, or contact [email protected] or 805-455-3452 for support.
  • You can also re-enroll by providing consent again (for example, by opting in on our Site or through another enrollment method).

Mobile carriers are not liable for delayed or undelivered messages. For information on how your data is used in connection with messaging, please review our Privacy Policy.

5. Eligibility & User Responsibilities

You must be at least 18 years old and have the legal capacity to enter into a binding contract under California law to use the Site and Services. You agree to:

  • Provide accurate, current, and complete information when requested.
  • Maintain the security of any login credentials and accept responsibility for all activities under your account.
  • Use the Site and Services only for lawful purposes and in compliance with these Terms and all applicable federal, state (including California), and local laws and regulations.

You must not:

  • Use the Site in a way that infringes or violates the rights of others, including privacy, publicity, or intellectual property rights.
  • Interfere with or disrupt the operation or security of the Site, or attempt to gain unauthorized access to our systems or those of our service providers.

6. Content Accuracy & General Disclaimer

The Content and Services on the Site are provided for general informational, educational, and marketing purposes only and do not constitute professional advice (including legal, financial, tax, or medical advice). You should consult appropriate professionals for advice specific to your situation.

The Site and Content are provided on an "as-is" and "as-available" basis, and we do not warrant that they are accurate, complete, current, or error-free.

7. License to Use the Site & Termination

Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or internal business purposes.

We may, in our sole discretion and without liability, suspend or terminate your access to the Site or Services at any time, with or without notice, including if we reasonably believe that you have violated these Terms or applicable law.

8. Orders, Cancellations & Refunds

Any orders or purchases of Services or digital products through the Site are subject to our acceptance and to applicable pricing and terms shown at checkout or in an applicable service agreement.

  • We reserve the right to refuse, limit, or cancel any order or Service, including after submission, for any reason permitted by law.
  • If we cancel an order after charging your payment method, we will issue a refund of the amount paid for the canceled portion, subject to any applicable terms disclosed at the time of purchase.
  • Unless expressly stated otherwise at purchase, digital products, templates, and downloadable or immediately-accessible content are non-refundable once accessed or downloaded.

Where required by California or other applicable law, you may have additional rights to refunds or cancellations; any such statutory rights will apply in addition to these Terms.

9. Links to Third-Party Sites

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by us. These links are provided for convenience only.

We do not endorse and are not responsible or liable for the content, policies, or practices of any third-party websites or services. Your use of third-party sites is at your own risk and subject to those third parties' terms and policies.

10. User-Submitted Content

You represent and warrant that you own or have sufficient rights to any Submissions you provide and that your Submissions do not violate any applicable law or the rights of any third party, including intellectual property, privacy, or publicity rights.

By providing Submissions, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from your Submissions in any media now known or hereafter developed, for any lawful business purpose, including marketing, product development, and service improvement.

If you believe that any Content or Submissions on the Site infringe your copyright or other intellectual property rights, please contact us using the information in the "Contact Us" section with sufficient detail to identify the material and your claimed rights so that we can address the issue consistent with applicable law (including, as relevant, the Digital Millennium Copyright Act).

11. Intellectual Property Rights

All Content, trademarks, service marks, logos, trade dress, and other intellectual property appearing on the Site (other than your Submissions) are owned or licensed by us and are protected under U.S. and international copyright, trademark, and other intellectual property laws.

Except as expressly permitted by these Terms or with our prior written permission, you may not:

  • Copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any Content; or
  • Create derivative works from or otherwise use the Content for any public or commercial purpose.

Nothing on the Site grants any license or right to use any of our trademarks without express written permission.

12. Affiliate and Promotional Disclosures

From time to time, the Site or our communications may reference or link to products, services, or companies with which we have a "material connection," such as affiliate relationships, sponsorships, or other forms of compensation. When such relationships exist, we intend to disclose them in a manner consistent with Federal Trade Commission (FTC) guidelines and applicable California law.

Any references to earnings, income, or business opportunities are illustrative only and do not guarantee any specific results. Individual results depend on many factors, including your skills, experience, implementation, and market conditions. Testimonials or case studies are examples of individual experiences and are not promises or guarantees of similar outcomes.

13. Liability, Disclaimers & Indemnification

To the fullest extent permitted by California law, the Site, Services, and Content are provided "as-is" and "as-available," and we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the extent permitted by law, including applicable California law:

  • We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, data loss, business interruption, or loss of goodwill, arising out of or relating to your use of the Site, Services, or these Terms.
  • Our total aggregate liability for any claim arising out of or relating to the Site, Services, or these Terms will not exceed the greater of: (a) the amount you paid to us for the specific Service giving rise to the claim during the three (3) months prior to the event giving rise to the claim, or (b) one hundred dollars (US $100), unless a higher amount is required by applicable law.

Some jurisdictions, including California, do not allow certain limitations of liability or exclusion of certain damages, so some of the above limitations may not apply to you. In such cases, these limitations apply to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless QuellFlowPro, Cynthia A. Eyanson, and our affiliates, contractors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or Services; (b) your Submissions; or (c) your breach of these Terms or violation of any applicable law or third-party rights.

14. Health and Forward-Looking Statements

Any health-related, wellness, or lifestyle information provided on or through the Site is for general informational purposes only and is not intended as medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Any statements on the Site that are forward-looking or describe expected or potential outcomes (including business, financial, or performance statements) are not guarantees and are subject to numerous risks and uncertainties. Actual results may differ materially.

15. Governing Law & Dispute Resolution

These Terms and any dispute arising out of or relating to the Site, Services, or these Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict-of-laws principles that would result in the application of the laws of another jurisdiction.

You and we agree that:

  • Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services that cannot be resolved informally will be submitted to confidential, binding arbitration administered by the American Arbitration Association ("AAA") or another mutually agreed provider, under its applicable rules for consumer or commercial disputes, as appropriate, and as modified by this section to the extent permitted by law.
  • Unless the parties agree otherwise or applicable law requires a different venue, the arbitration will take place in Santa Barbara County, California, or may be conducted remotely (for example, by video conference) at the arbitrator's or provider's discretion.
  • Each party will be responsible for its own attorneys' fees and costs, and arbitration fees will be allocated as required by applicable law and the rules of the arbitration provider, subject to any rights you may have under California law to cost-shifting or fee waivers.

To the extent permitted by law, disputes will be resolved on an individual basis. You and we each waive any right to participate in a class, collective, or representative action or arbitration, except where such waivers are prohibited or unenforceable under applicable law (including certain claims under California's Private Attorneys General Act, to the extent such waivers are invalid).

Nothing in this section prevents either party from seeking temporary or preliminary injunctive or equitable relief in a court of competent jurisdiction in California as necessary to protect its rights pending final resolution through arbitration.

16. Miscellaneous

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

These Terms, together with any policies or additional terms referenced or posted on the Site, constitute the entire agreement between you and us regarding your use of the Site and Services and supersede any prior or contemporaneous understandings.

17. Anti-Spam

We strive to comply with the federal CAN-SPAM Act and applicable California anti-spam and marketing laws. Promotional email communications are sent only to users who have opted in or where otherwise permitted by law.[web:18]

Each promotional email will include a clear and conspicuous way to unsubscribe or manage your communication preferences. You may opt out at any time by using the unsubscribe link in our emails or by contacting us directly.

To report concerns or suspected abuse, please contact: [email protected].

18. Contact Us

QuellFlowPro
Attn: Cynthia A. Eyanson
169 N Kellogg Ave, Unit C
Santa Barbara, CA 93111
Phone: 805-455-3452
Email: [email protected]