Terms of Service

Last updated: July 19, 2026

These terms are a binding agreement between Endless Marketing Inc., operating as Flamingo Flow ("Flamingo Flow", "we", "us"), and the business that uses flamingoflow.ca, our free tools, or the Flamingo Flow done-for-you Google review service ("the Service"). By starting a trial, purchasing a plan, or otherwise accepting these terms, you agree to them. Use of our free tools is governed by section 14. If you are accepting on behalf of a business, you confirm you have authority to bind that business, and "you" means that business.

1. What the Service Is

Flamingo Flow sends personal review requests to your real past and new customers, with polite follow-up, controlled daily batching, and Google review links. We also provide free tools such as the Google review QR code generator. We act as a service provider on your instructions: every review request and follow-up is sent at your direction, on your behalf, and to contacts you supply. We are not affiliated with or endorsed by Google. Google, Google Maps, and Google Business Profile are trademarks of Google LLC.

2. Acceptance of These Terms

This agreement is formed when you first do any of the following: click a button or check a box indicating you accept these terms, submit a signup or order form, start a free trial, or begin using the Service. Any of those acts is your signature on this agreement.

We keep records of that acceptance, which may include the date and time, the IP address, and the account details submitted. You will not object to the admission of those records on the ground that they are electronic, that they are not originals, or that no paper copy was signed.

You are responsible for the security of your account credentials and for keeping them confidential. Any action taken through your account is deemed authorized by you, and you are responsible for it, unless you told us in writing that the account was compromised before that action took place, or the compromise or action resulted from our own act, omission, negligence, or fraud, or from a breach of our systems. Tell us at info@flamingoflow.ca as soon as you suspect unauthorized use.

3. Business Use Only

The Service is offered solely to businesses and to persons acting for business purposes. You represent that you are entering into these terms for business purposes and not as a consumer within the meaning of the Consumer Protection Act, 2002 (Ontario). We rely on that representation in agreeing to provide the Service and in setting our fees.

4. Free Trial, Billing, and Taxes

• New accounts start with a 7-day free trial. A valid payment method is required to start the trial and is saved securely with Stripe, our payment processor. Nothing is charged during the trial, and we remind you by email before billing begins.
• Unless you cancel before the trial ends, the trial converts automatically into a paid monthly subscription and your saved payment method is charged. By providing a payment method you authorize recurring monthly charges until you cancel.
• Plan prices are the prices shown on the pricing page or in your order form at the time of purchase, billed monthly in Canadian dollars, plus applicable taxes (HST, GST, or PST). Custom plans are available for multi-location rollouts.
• There are no long-term contracts. You can cancel at any time, and cancellation takes effect at the end of the current billing period.
• All fees are non-refundable except where a refund is required by law. We may, at our sole discretion, issue a refund in a specific case after reviewing the reason; a discretionary refund does not create any obligation to issue refunds in any other case.
• We may change plan pricing with at least 30 days' notice; changes apply at your next renewal.

5. Late Payment, Suspension, and Collection

• If a payment is declined or fails, we may retry the charge and we may suspend or limit the Service immediately, without notice, until the amount owed is paid. Suspension does not pause or reduce fees that continue to accrue.
• Overdue amounts bear interest at 1.5% per month, compounded monthly, from the due date until paid in full. A rate of 1.5% per month is equivalent to a nominal rate of 18% per year calculated monthly not in advance, and to an effective rate of 19.56% per year. If the rate permitted by law is lower, the highest rate permitted by law applies.
• You will pay our reasonable costs of collecting overdue amounts, including collection agency fees and reasonable legal fees.
• If you initiate a chargeback or payment dispute on charges you properly authorized, that is a material breach of these terms. We may suspend or terminate the Service while the dispute is open, you remain responsible for amounts properly owed, and you will reimburse us for any fees the payment processor charges us for the dispute.
• If you believe an amount was billed in error, contact us at info@flamingoflow.ca first. We will review it.

6. Your Contacts and Consent: Your Sole Responsibility

You are the sender and initiator of every review request and follow-up sent through the Service. Flamingo Flow transmits those messages as your service provider, on your instructions. You represent and warrant that:

• Every contact you provide is a real customer who actually did business with you;
• You have obtained, and will maintain for as long as we message a contact, every consent and disclosure required by law for that contact to be messaged on your behalf, including express or implied consent under Canada's Anti-Spam Legislation (CASL), prior express consent (or prior express written consent, where required) under the US Telephone Consumer Protection Act (TCPA), and compliance with the CAN-SPAM Act and state telemarketing and messaging laws such as the Florida Telephone Solicitation Act;
• You will keep records proving those consents and provide them to us on request;
• You will not submit contacts who have opted out or asked not to be contacted, and you will tell us promptly if a customer withdraws consent;
• You will provide accurate business information, keep your contact details current, and will not use the Service or free tools for spam, harassment, or any unlawful purpose.

Sole responsibility for the lawful basis to contact your customers rests with you. Flamingo Flow is not liable for any violation of messaging, telemarketing, anti-spam, or privacy laws that results from your failure to obtain valid consent or to comply with applicable law for contacts you provide. You also acknowledge that telephone carriers and messaging providers may filter, delay, or block messages, and that this is outside our control.

7. Review Integrity

The Service is built around Google's review policies. We do not, and you must not ask us to:

• Create, buy, or post fake reviews;
• Offer incentives, discounts, or rewards in exchange for reviews;
• Use review gating (only asking happy customers while filtering out unhappy ones);
• Suppress, filter, or delete a customer's honest review, or prevent any customer from posting publicly on Google;
• Require specific ratings or keywords.

We may pause or refuse any campaign that we believe violates these rules or Google's policies, and may suspend accounts that do not correct violations after notice. See our Review Compliance page for full details.

8. No Guarantees and No Reliance

Reviews come from your real customers, and whether a customer leaves a review, what they write, and how Google ranks your business are outside our control. We do not guarantee a specific number of reviews, a specific star rating, or any Google Maps or search ranking. Case-study results shown on this site are real client outcomes, not promises of identical results.

You confirm that you have not relied on any representation, promise, forecast, projection, or statement that is not written in these terms, including anything said or shown in a sales call, demo, proposal, advertisement, or message. Any estimate of results we discuss is an estimate only. Your only remedy for any statement outside these terms is a claim for breach of these terms.

Nothing in this section limits liability for fraud or fraudulent misrepresentation, and nothing in this section is intended to exclude liability that cannot be excluded by law.

9. Not Professional Advice

Nothing we provide is legal advice or regulatory compliance advice. Our pages about CASL, the TCPA, Google's policies, and related topics are general information only. You are responsible for your own legal and regulatory compliance and should get your own advice before relying on anything we say.

10. Your Data and Feedback

You keep ownership of the customer lists and business information you provide. You grant us a limited, non-exclusive, royalty-free licence to use that information solely to provide, secure, and improve the Service. We handle personal information in your lists as a service provider acting on your instructions, as described in our Privacy Policy. We may use anonymized and aggregated usage data that does not identify you or your customers to operate and improve our services. If you send us feedback or suggestions, we may use them without restriction and without obligation to you.

11. Confidentiality

Each party will protect the other party's non-public business information that it receives under this agreement, will use it only to perform this agreement, and will not disclose it to anyone except its own staff, contractors, and advisers who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law or by a regulator. Your customer lists are confidential and are used only to deliver the Service. We do not sell your lists and we do not use them to market to your customers for ourselves.

12. Publicity

You grant us a limited, non-exclusive, royalty-free licence to use your business name and logo to deliver the Service (for example, in the messages sent on your behalf and in your review materials) and to identify you as a customer on our website and in marketing materials. We will use your name and logo accurately and will not suggest you endorse anything you have not agreed to. If you would rather we did not name you publicly, email info@flamingoflow.ca and we will stop using your name and logo in our marketing within a reasonable time.

13. Intellectual Property

The site, the Service, and all related content, designs, and software are owned by Endless Marketing Inc. or its licensors. You receive a limited, non-exclusive, non-transferable right to use the Service for your business while your account is active. QR codes generated with our free tool may be used freely for your own business's review collection.

14. Free Tools and Beta Features

Our free tools, including the Google review QR code generator, and any feature we label as beta, preview, or early access, are provided "as is" and "as available", with no warranty and no service commitment. We may change, limit, or discontinue them at any time without notice and without liability to you. Do not build anything you depend on around a free tool or a beta feature.

The free tools are offered under these terms only to persons using them for business purposes. If you use a free tool for personal, family, or household purposes, sections 3, 19, and 22 do not apply to you, and any dispute may be brought in a court of competent jurisdiction in Ontario.

15. Third-Party Services

The Service depends on third parties. These include Google (review links, Places and Maps data), Stripe (payments), SMS gateways and telephone carriers, email and SMTP providers, our CRM provider, and our hosting and content delivery providers. We are not responsible for the acts, omissions, outages, price changes, policy changes, or termination of service of these third parties, including Google's moderation, filtering, or removal of reviews, and including any filtering, delay, blocking, or non-delivery of a text message or email by a carrier, gateway, or mail provider. Some of these providers store and process data in the United States, where it may be subject to foreign law.

16. Disclaimer of Warranties

The Service and free tools are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error free, or that any message will be delivered.

17. Limitation of Liability

To the maximum extent permitted by law, Flamingo Flow will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, regardless of the theory of liability, whether in contract, tort (including negligence), statute, or otherwise, even if advised of the possibility of such damages. Without limiting the foregoing, Flamingo Flow is not liable for the actions of Google or any other third party (including removal or filtering of reviews, ranking changes, or suspension of a Google Business Profile), for outages of third-party services, or for losses arising from data, contacts, or instructions you provide. Our total aggregate liability for all claims arising out of or related to the Service, taken together, is limited to the amounts you paid us in the three months before the event giving rise to the first such claim.

The exclusions and the cap in this section apply to and may be enforced by Endless Marketing Inc. and each of its directors, officers, employees, contractors, and agents. For the purpose of this section only, Endless Marketing Inc. contracts both on its own behalf and as agent and trustee for each of those persons, and you agree that each of them may rely on and enforce this section directly. The cap and exclusions apply to all of us together, not separately, so claims against the company and those persons share the same single cap.

This section does not limit your obligation to pay amounts you owe us, your obligations under section 18 (Indemnification), or liability for fraud or fraudulent misrepresentation, and it does not exclude any liability that cannot be excluded by law. Some jurisdictions do not allow certain limitations or exclusions, so parts of this section may not apply to you.

18. Indemnification

You will indemnify, defend, and hold harmless Endless Marketing Inc. and its directors, officers, employees, contractors, and agents from and against all claims, demands, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising from: (a) the customer lists, content, or instructions you provide; (b) any claim, including regulatory action or class or collective claims, that messages sent on your behalf violated CASL, the TCPA, the CAN-SPAM Act, or any other messaging, telemarketing, privacy, or consumer protection law; (c) defamation or intellectual property claims arising from content or lists you provide; (d) enforcement action by Google or another platform caused by your breach of these terms; and (e) your breach of these terms or of applicable law. We may assume the defence of any indemnified matter at your expense, and you may not settle any indemnified claim without our written consent. For the purpose of this section, Endless Marketing Inc. contracts both on its own behalf and as agent and trustee for each of the persons named in this section, and you agree that each of them may rely on and enforce this section directly.

19. Time Limit on Claims

Any claim arising out of or related to the Service or these terms must be started within one year after the day the claim arose, or it is waived and permanently barred. These terms are a "business agreement" and this section varies the basic limitation period as permitted by section 22 of the Limitations Act, 2002 (Ontario). The one-year period in this section is suspended from the day a party delivers a written notice of dispute under section 22 until the day the 30-day informal resolution period ends.

20. Termination and Your Data Afterwards

You may cancel at any time. We may suspend or terminate the Service for non-payment, breach of these terms, or conduct that risks harm to us, Google policy compliance, or other users. On termination your right to use the Service ends and any amounts already accrued become due.

You own your lists. We process them as a service provider, as set out in our Privacy Policy. After termination we keep your campaign data only as long as needed for the purposes described in that policy, and we delete or anonymize it when it is no longer needed. Records we are required or reasonably need to keep for tax, accounting, billing, dispute, or other legal compliance purposes are retained for as long as those purposes require, and backups are overwritten on their normal cycle. We have no obligation to keep, restore, or export anything after termination, so export what you need before you cancel.

Sections 2, 3, 5, 6, and 8 through 23 survive termination, along with your obligation to pay amounts that accrued before termination and any other provision that by its nature should survive.

21. Governing Law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

22. Dispute Resolution and Class Action Waiver

Before starting a formal proceeding, the party with the complaint will send written notice of the dispute to the other party, and the parties will try in good faith to resolve it informally for 30 days. If they cannot, any dispute arising out of or relating to these terms or the Service will be finally resolved by binding arbitration before a single arbitrator under the Arbitration Rules of the ADR Institute of Canada. The seat of the arbitration is Toronto, Ontario, the language is English, and judgment on the award may be entered in any court with jurisdiction. Commencing an arbitration under this section counts as starting a claim for the purpose of section 19.

The arbitration, everything exchanged in it, and the award are confidential, except as needed to enforce or challenge the award or as required by law. The arbitrator may award costs, including reasonable legal fees, to the successful party against the unsuccessful party.

All disputes must be brought individually. Neither party may bring or take part in a class, collective, or representative proceeding against the other, and the arbitrator may not consolidate the claims of more than one person. If this individual-claims requirement is held unenforceable for a particular claim, then that claim alone is removed from arbitration and may proceed in court; the rest of this section, including arbitration of every other claim, stays in effect.

As exceptions, either party may bring an individual claim within the monetary limit of the Ontario Small Claims Court in that court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

23. General

These terms, together with your order form and the policies they reference, are the entire agreement between you and us and replace all prior discussions. If any part of these terms is found unenforceable, it is limited or removed to the smallest degree necessary and the rest remains in effect. A failure to enforce a provision is not a waiver of it. We may assign these terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our written consent.

We may set off any amount you owe us against any amount we owe you. You will pay all amounts in full without set-off, deduction, or withholding. Canadian dollars are the currency of account and of payment for every amount under these terms.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including carrier or gateway message filtering or blocking, changes to Google's APIs, policies, or availability, hosting, network, CDN, payment processor, or other third-party outages, cyber attacks, labour disruption, epidemic, government action, and natural disaster. This does not excuse your obligation to pay.

We may give you notice by email to the address on your account, and you may give us notice at info@flamingoflow.ca; notice by email is deemed given when sent. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation". The parties have expressly requested that these terms be drafted in English.

24. Changes to These Terms

We may update these terms. For material changes we will give you at least 30 days' notice by email to the address on your account and post the updated terms on this page with a new date. Material changes take effect at the start of your next billing period after the notice period ends. If you do not agree, you may cancel before they take effect; continued use of the Service after that date means you accept them. Non-material changes take effect on posting. If you do not have an account with us, posting the updated terms on this page with a new date is notice to you.

25. Contact

Questions about these terms can be sent to info@flamingoflow.ca or +1 (365) 889-8810. The Service is operated by Endless Marketing Inc., operating as Flamingo Flow, Ontario, Canada. See also our Privacy Policy.