Flaggity Terms of Service
Effective Date: June 2026 | Version: 1.0
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Flaggity platform, website, and services (collectively the "Service") operated by Flaggity Inc., a Delaware corporation ("Flaggity," "we," "us," or "our").
By creating an account, accessing the Service, or clicking "I agree" — you agree to be bound by these Terms. If you are using the Service on behalf of an organization — you represent that you have authority to bind that organization to these Terms and that your organization agrees to these Terms.
If you do not agree to these Terms do not use the Service.
2. Definitions
"Customer" means the company or organization that subscribes to Flaggity and is responsible for the account.
"User" means any individual who accesses the Service under a Customer account including the account owner and invited team members.
"Content" means data, information, text, photographs, documents, and other materials submitted to the Service by Users.
"Inspection Data" means photographs, analysis results, findings, certificates, and related records generated through the inspection features of the Service.
"Subscription" means a paid plan providing access to the Service.
"Add-on" means an optional additional feature or module available for purchase beyond the base Subscription.
3. Account Registration and Security
3.1 To use the Service you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.
3.2 You must notify us immediately at support@flaggity.com if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized account access where you have failed to maintain credential security.
3.3 You must be at least 18 years of age to create an account. By creating an account you represent that you meet this requirement.
3.4 Each User account is for a single individual. Sharing account credentials between multiple individuals is prohibited. Customer accounts may have multiple Users as permitted by their Subscription plan.
3.5 The Customer is responsible for all activity that occurs under their account — including the actions of all Users on their account.
4. Subscriptions and Payment
4.1 — Plans and Pricing
Flaggity offers multiple Subscription tiers with different features and usage limits as described on flaggity.com/pricing. Pricing is subject to change with 30 days notice to existing subscribers.
4.2 — Billing
Subscriptions are billed in advance on a monthly or annual basis depending on your selected billing cycle. All fees are in US dollars and are non-refundable except as expressly provided in these Terms.
4.3 — Payment
You authorize Flaggity to charge your payment method on file for your Subscription fees and any applicable Add-on fees. You are responsible for ensuring your payment method remains valid. Failed payments may result in suspension of your account.
4.4 — Add-ons
Add-on features are available to Enterprise plan subscribers and are billed in addition to the base Subscription fee. Add-ons are activated and managed by Flaggity upon your request through our sales team.
4.5 — Founding Enterprise Partner Program
Customers who participate in the Founding Enterprise Partner Program at $2,099/month billed annually ($25,188/year) receive a lifetime price lock on the platform portion of their package rate — the platform base and every module included in the Founding Enterprise Partner package as described at flaggity.com/pricing at the time of activation. The AI component of the rate (Flaggity AI+ and AI usage) is a separate component not covered by the lifetime price lock: it may adjust with AI infrastructure costs, and never without at least 3 months' advance notice. The lifetime price lock also does not apply to additional Add-ons enabled after activation, usage overages, or capacity add-ons (additional users, inspections, or facilities), which are billed at standard rates. Participation requires a 3-year commitment. All 25 Founding Enterprise Partner spots are limited and non-transferable.
4.6 — Upgrades and Downgrades
You may upgrade your Subscription at any time — the new rate applies immediately with prorated billing for the remainder of the billing period. Downgrades take effect at the start of the next billing period.
4.7 — Cancellation
You may cancel your Subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the paid period. We do not provide refunds for unused portions of a Subscription period.
4.8 — Taxes
Subscription fees are exclusive of taxes. You are responsible for all applicable taxes, levies, and duties imposed by taxing authorities. Where required by law Flaggity will collect applicable taxes.
5. Acceptable Use
5.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates applicable law or regulation
- Submit false, misleading, or fraudulent inspection data or quality records
- Attempt to gain unauthorized access to any part of the Service or another Customer's data
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated means to access the Service beyond what is expressly permitted by your API add-on subscription
- Interfere with or disrupt the integrity or performance of the Service
- Attempt to circumvent any usage limits, feature gates, or access controls
- Use the Service to store or transmit malicious code
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use the Service in any manner that could damage, disable, overburden, or impair the Service
5.2 Flaggity reserves the right to investigate suspected violations of these Terms and to suspend or terminate accounts where violations are confirmed.
6. Inspection Data and AI Analysis
6.1 — Nature of AI Analysis
Flaggity uses artificial intelligence to analyze inspection photographs and generate findings. AI-generated analysis is provided as a tool to assist qualified inspection professionals — it does not replace the judgment of a certified welding inspector or other qualified professional.
6.2 — Your Responsibility
You are solely responsible for verifying the accuracy and appropriateness of AI-generated findings before acting on them. Flaggity inspection results should be reviewed by qualified personnel before being used as the basis for safety decisions, structural decisions, or regulatory compliance determinations.
6.3 — No Warranty on Analysis Accuracy
While we strive to provide accurate AI analysis Flaggity makes no warranty that inspection findings will detect all defects or that findings will meet any particular standard of accuracy. See Section 13 for full warranty disclaimers.
6.4 — Certificates
Inspection certificates generated by Flaggity are records of the inspection performed and the AI analysis results. They are not a substitute for formal third-party inspection, certification, or approval required by applicable codes, standards, or regulatory authorities. Customers are responsible for determining whether additional formal certification is required for their specific application.
7. Customer Data and Ownership
7.1 — Your Data Belongs to You
All Content you submit to Flaggity remains your property. We claim no ownership over your inspection data, quality records, production data, or any other Content you upload or create within the Service.
7.2 — License to Provide the Service
By submitting Content to the Service you grant Flaggity a limited, non-exclusive, royalty-free license to store, process, and display your Content solely for the purpose of providing the Service to you. This license terminates when you close your account and your data is deleted per our retention policy.
7.3 — Data Isolation
Your Content is completely isolated from other Customers. No other Customer can access your data. Flaggity employees access Customer data only when necessary for support purposes and only with appropriate authorization.
7.4 — AI Training
We do not use your Content to train AI models without your explicit written consent. We do not currently operate any program that uses Customer Content for AI training.
7.5 — Data Export
Master Admin users may request an export of their company's data at any time by contacting support@flaggity.com. We will provide a complete data export in a structured format within 30 days of a verified request.
8. Account Deletion and Data Deletion
8.1 — Account Deletion Process
Flaggity does not offer self-serve account deletion. All account deletion requests must be submitted to privacy@flaggity.com from the email address associated with the Master Admin account.
Account deletion requests are subject to review and verification by Flaggity to confirm the identity and authority of the requesting party and to ensure the integrity of quality records that may have regulatory or legal significance.
We will process verified deletion requests within 30 days and send written confirmation to the requesting email address upon completion.
8.2 — Effect of Deletion
Upon account deletion:
- Personal identifiers are removed from the system within 30 days
- Operational records (inspections, NCRs, quality reports) are anonymized to preserve audit trail integrity
- Financial records are retained for 7 years as required by law
- Inspection certificates already issued and shared with third parties remain valid
8.3 — Data Retention After Cancellation
If you cancel your Subscription without requesting account deletion — we retain your data for 90 days after cancellation during which you may reactivate your account and recover your data. After 90 days data is deleted subject to legal retention requirements.
9. Intellectual Property
9.1 — Flaggity's Intellectual Property
The Service — including its software, design, algorithms, AI models, user interface, documentation, and all content created by Flaggity — is owned by Flaggity Inc. and protected by copyright, trademark, patent, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software. You may not reverse engineer or attempt to extract the source code of the Service.
9.2 — Feedback
If you provide feedback, suggestions, or ideas about the Service — you grant Flaggity a perpetual, irrevocable, royalty-free license to use that feedback without compensation or attribution to you. We welcome feedback and use it to improve the platform.
9.3 — Trademarks
Flaggity, the Flaggity logo, Flaggity AI, and Flaggity AI+ are trademarks of Flaggity Inc. You may not use our trademarks without our prior written consent.
10. Confidentiality
Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Flaggity's confidential information includes but is not limited to: pricing structures, product roadmap, technical architecture, and business processes.
Your confidential information includes but is not limited to: inspection data, quality records, production data, business processes, and trade secrets submitted to the Service.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
11. Service Availability and Maintenance
11.1 — Uptime
We strive to maintain high availability of the Service. We do not guarantee uninterrupted access and are not liable for downtime caused by factors outside our reasonable control including internet infrastructure failures, third-party service outages, or force majeure events.
11.2 — Maintenance
We may take the Service offline for scheduled maintenance. We will provide advance notice of planned maintenance windows via in-app notification and email to account administrators where possible. Emergency maintenance may occur without advance notice.
11.3 — Service Changes
We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service with reasonable notice. We will not materially reduce the core functionality of your Subscription tier without providing a pro-rated refund for the affected period.
12. Third-Party Services and Integrations
The Service integrates with third-party services including QuickBooks, Xero, Microsoft Teams, Slack, Google Drive, SharePoint, and others. Your use of these integrations is subject to the terms and privacy policies of those third-party providers. Flaggity is not responsible for the practices, availability, or accuracy of third-party services.
13. Disclaimers and Warranty Limitations
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW FLAGGITY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.
FLAGGITY DOES NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- AI-GENERATED INSPECTION FINDINGS WILL BE ACCURATE OR COMPLETE
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
- ANY DEFECTS IN THE SERVICE WILL BE CORRECTED
AI INSPECTION ANALYSIS IS A TOOL TO ASSIST QUALIFIED PROFESSIONALS AND DOES NOT CONSTITUTE PROFESSIONAL ENGINEERING, INSPECTION, OR CERTIFICATION SERVICES. FLAGGITY IS NOT A LICENSED INSPECTION BODY AND MAKES NO REPRESENTATION THAT ITS ANALYSIS SATISFIES ANY REGULATORY, CODE, OR CONTRACTUAL INSPECTION REQUIREMENT.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FLAGGITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL — ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE EVEN IF FLAGGITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FLAGGITY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FLAGGITY IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS FLAGGITY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to indemnify, defend, and hold harmless Flaggity Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:
- Your use of the Service in violation of these Terms
- Your Content submitted to the Service
- Your violation of any applicable law or regulation
- Any misrepresentation of the inspection capabilities of the Service to third parties
- Any claim that your Content infringes the intellectual property rights of a third party
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Service shall first be subject to good faith negotiation between the parties for a period of 30 days following written notice of the dispute.
If good faith negotiation fails to resolve the dispute — it shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be conducted in Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any purported class action. Class actions are waived to the fullest extent permitted by law.
Notwithstanding the above — either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
For users in jurisdictions where mandatory arbitration clauses are not enforceable — disputes shall be subject to the exclusive jurisdiction of the courts of the State of Delaware.
17. Changes to These Terms
We may update these Terms from time to time. When we make material changes we will notify you by email at least 30 days before the changes take effect and update the effective date at the top of this document.
Your continued use of the Service after the effective date of revised Terms constitutes your acceptance. If you do not agree to the revised Terms you must stop using the Service and may cancel your Subscription.
18. General Provisions
Entire Agreement: These Terms together with our Privacy Policy constitute the entire agreement between you and Flaggity regarding the Service and supersede all prior agreements.
Severability: If any provision of these Terms is found unenforceable — that provision will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will continue in full force.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Flaggity may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.
Notices: Legal notices to Flaggity must be sent to privacy@flaggity.com and to your registered Delaware mailing address. We will send notices to the email address associated with your account.
Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Flaggity.
19. Contact Us
Legal and Terms inquiries:
privacy@flaggity.com
General support:
support@flaggity.com
Mailing address:
Flaggity Inc. 8 The Green, Suite A, Dover, DE 19901, United States
Last updated: June 2026