Terms of Use

Please read these Terms of Use (“Terms”) carefully before using the OccasionFlow platform. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

“Company,” “we,” “our,” or “us” refers to OccasionFlow LLC, a Texas limited liability company.

“Service” refers to the OccasionFlow web application and any related services, including automated occasion scheduling, gift selection, and order placement through Third-Party Vendors.

“User,” “you,” or “your” refers to any individual who creates an account or otherwise uses the Service.

“Third-Party Vendor” refers to any florist, gift retailer, delivery service, or other provider from whom products are sourced and delivered on your behalf.

“Subscription” refers to your paid or free plan that grants access to the Service’s features.

2. Nature of the Service

OccasionFlow is a platform service, not a retailer. We act solely as an intermediary that facilitates automated gift ordering on your behalf. When an order is placed through the Service:

1. The purchase contract for any physical product is formed directly between you and the applicable Third-Party Vendor.
2. OccasionFlow does not manufacture, store, ship, or handle any physical products.
3. All product warranties, guarantees, return policies, and liability for product quality rest exclusively with the Third-Party Vendor.
4. OccasionFlow’s role is limited to transmitting your order instructions and payment to the Third-Party Vendor.

3. Eligibility

You must be at least 18 years old to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

If we learn that a User is under 18, we reserve the right to immediately terminate the account without notice.

4. Account Registration and Security

To use the Service, you must create an account with a valid email address and a secure password. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify us immediately at legal@occasion-flow.com if you become aware of any unauthorized use of your account. OccasionFlow will not be liable for any loss arising from unauthorized account access that results from your failure to safeguard your credentials.

5. Subscription and Payments

Subscription Fees. Access to the Service requires a paid Subscription unless a free tier is offered. Fees are charged in advance on a monthly or annual basis, as selected at checkout. All fees are stated in the applicable currency and are non-refundable except as expressly provided herein.

Product Costs. In addition to Subscription fees, you will be charged for the actual cost of gifts, flowers, or other products ordered through the Service, plus any applicable delivery fees. These charges are passed through to the Third-Party Vendor and are not retained by OccasionFlow as revenue.

Budget Limits. You may set a per-recipient budget limit within the Service. OccasionFlow will not place an order that exceeds your stated budget without prior notification.

Payment Processing. Payments are processed by third-party payment processors (such as Stripe or PayPal). OccasionFlow does not store your full payment card details. Your use of these payment processors is subject to their respective terms of service.

Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account dashboard. Cancellation takes effect at the end of the current billing period.

6. Order Placement and Fulfillment

When an occasion triggers an automated order, OccasionFlow will transmit your order to the appropriate Third-Party Vendor based on your preferences (product category, budget, recipient address, and delivery timing).

Modifications and Cancellations. You may modify or cancel a pending order up to 48 hours before the scheduled delivery date at no charge. Modifications or cancellations after this window may not be possible and are subject to the Third-Party Vendor’s policies.

Delivery. While OccasionFlow coordinates delivery timing with Third-Party Vendors, we do not guarantee specific delivery times. Delivery is performed entirely by the Third-Party Vendor or their logistics partners. Any delivery issues, damages, or product defects must be resolved directly with the Third-Party Vendor.

7. No Product Warranty

Any product-related claims—including but not limited to defective goods, incorrect items, spoiled flowers, late delivery, or non-delivery—are the sole responsibility of the applicable Third-Party Vendor. OccasionFlow will use commercially reasonable efforts to assist you in contacting the relevant vendor but assumes no liability for the outcome.

8. Service Warranty Disclaimer

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use the Service at your own risk.

9. Limitation of Liability

• Lost profits, revenue, or business opportunities
• Failure or delay of a Third-Party Vendor to deliver products
• Defective, damaged, or incorrect products delivered by a Third-Party Vendor
• Emotional distress or reputational harm resulting from missed or incorrect deliveries
• Unauthorized access to your account or data

10. Indemnification

You agree to indemnify, defend, and hold harmless OccasionFlow and its officers, directors, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your use of the Service or violation of these Terms;
2. Any content or information you provide through the Service;
3. Your violation of any applicable law or the rights of any third party.

11. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Submit false, fraudulent, or misleading information
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to other accounts or systems
• Use the Service for any purpose that is harassing, threatening, or harmful to others

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this Section.

12. Intellectual Property

All content, features, and functionality of the Service—including but not limited to text, graphics, logos, icons, software, and the overall design—are the exclusive property of OccasionFlow LLC and are protected by U.S. and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

14. Third-Party Services

The Service integrates with and relies upon third-party services, including payment processors, delivery providers, and gift vendors. OccasionFlow is not responsible for the availability, accuracy, or performance of any third-party service.

Your interactions with Third-Party Vendors, including payment for products and resolution of disputes, are solely between you and the vendor. OccasionFlow encourages you to review the terms and policies of any Third-Party Vendor before an order is placed.

15. Termination

By You. You may cancel your Subscription and close your account at any time through the account dashboard. Cancellation takes effect at the end of the current billing period. Any pending orders within 48 hours of delivery at the time of cancellation will still be fulfilled.

By Us. We may suspend or terminate your access to the Service at any time, with or without cause, including for violation of these Terms. If we terminate your account without cause, we will provide a pro-rata refund of any prepaid Subscription fees.

Effect of Termination. Upon termination, your right to use the Service ceases immediately. Sections 7 through 10, 12, 16, and 17 shall survive termination.

16. Dispute Resolution and Arbitration

Informal Resolution. Before initiating any formal proceeding, you agree to contact us at legal@occasion-flow.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration. If the dispute is not resolved informally, you and OccasionFlow agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Texas.

Class Action Waiver. You and OccasionFlow agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void.

Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction located in Travis County, Texas, to prevent the actual or threatened infringement of intellectual property rights or to address unauthorized access to the Service.

Small Claims. Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a prominent notice within the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and OccasionFlow with respect to your use of the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

21. Contact Information

If you have any questions about these Terms, please contact us at:

OccasionFlow LLC
Email: legal@occasion-flow.com
Website: www.occasion-flow.com