Terms of Service
Version TERMS-2026.1 · Effective July 11, 2026
MCD FLOW TERMS OF SERVICE
Effective Date: July 10, 2026
Version: 20261
These MCD Flow Terms of Service (“Terms”) constitute a legally binding agreement between MCD CAD CORP, a Florida corporation (“MCD Flow,” “MCD CAD CORP,” “we,” “us,” or “our”), and the individual or legal entity that creates, purchases, accesses, or uses an MCD Flow workspace (“Customer,” “you,” or “your”).
These Terms govern access to and use of the MCD Flow software-as-a-service platform, MCD Desk, client portals, websites, applications, communications, integrations, and related services collectively referred to as the “Service.”
By creating an account, accepting an order, purchasing a Subscription, inviting Authorized Users, or otherwise accessing or using the Service, you agree to these Terms.
If you access or use the Service on behalf of a company, architecture studio, construction company, engineering firm, interior design studio, contractor, consultant, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, “Customer,” “you,” and “your” refer to that organization.
If you do not agree to these Terms, you may not create an account, purchase a Subscription, or use the Service.
These Terms incorporate by reference, where applicable:
- the MCD Flow Privacy Policy;
- the Subscription and Automatic Renewal Terms;
- the Cancellation Policy;
- the Refund Policy;
- the Acceptable Use Policy;
- the Data Processing Addendum;
- any Order Form or online checkout summary accepted by Customer; and
- any additional terms presented for a particular feature or integration.
If there is a conflict between these Terms and an executed Order Form, the Order Form will control only with respect to that conflict.
1. DEFINITIONS
1.1 “Account”
“Account” means the credentials and profile used by an individual to access the Service.
1.2 “Authorized User”
“Authorized User” means an individual authorized by Customer to access or use the Service under Customer’s Workspace, including Founders, owners, administrators, employees, team members, contractors, consultants, subcontractors, vendors, and other permitted participants.
1.3 “Client Portal”
“Client Portal” means the restricted, project-specific area through which a Customer may share selected information, files, messages, updates, invoices, payment records, approvals, or other content with a client or external participant.
1.4 “Customer Data”
“Customer Data” means information, content, documents, and materials submitted, uploaded, created, transmitted, stored, or processed through the Service by or on behalf of Customer or its Authorized Users.
Customer Data may include, without limitation:
-
- company and contact information;
- leads and client records;
- project information;
- plans, drawings, specifications, and construction documents;
- PDF, CAD, BIM, image, video, and document files;
- photographs and field records;
- tasks, schedules, phases, milestones, and notes;
- messages, comments, markups, mentions, and communications;
- estimates, budgets, invoices, receipts, and payment records;
- labor, workforce, vendor, subcontractor, and timesheet information;
- addresses, project locations, maps, and geographic information;
- contracts, proposals, reports, and approvals; and
- information submitted through integrations.
1.5 “Documentation”
“Documentation” means help materials, product descriptions, onboarding instructions, technical guides, policies, and other materials made available by MCD Flow regarding use of the Service.
1.6 “Founder” or “Workspace Owner”
“Founder” or “Workspace Owner” means the individual who initially creates the Workspace or is subsequently designated as its primary owner.
1.7 “Order Form”
“Order Form” means an ordering document, online checkout, subscription summary, invoice, proposal, or other ordering interface identifying the Subscription, billing cycle, included seats, fees, and applicable terms.
1.8 “Preview”
“Preview” means a limited, temporary, free, trial, demonstration, beta, or evaluation version of the Service offered before activation of a paid Subscription.
1.9 “Service”
“Service” means the MCD Flow platform, including MCD Desk, Workspace features, Client Portal features, websites, applications, communications, updates, modules, integrations, and related services made available by MCD CAD CORP.
1.10 “Subscription”
“Subscription” means the right to access and use specified paid features of the Service during an applicable Subscription Term, subject to plan limits, seat limits, payment of fees, and these Terms.
1.11 “Subscription Term”
“Subscription Term” means the monthly, quarterly, semiannual, annual, or other period identified during checkout or in an applicable Order Form.
1.12 “Workspace”
“Workspace” means the tenant-specific MCD Flow environment created for Customer, within which Customer manages its company, users, clients, projects, files, communications, billing, and related information.
2. ELIGIBILITY AND BUSINESS USE
2.1 Eligibility
You must be at least eighteen years old and legally capable of entering into a binding agreement to create an Account or purchase a Subscription.
2.2 Business Use
MCD Flow is primarily intended for business and professional use. You represent that you are using the Service for lawful business, professional, educational, or organizational purposes.
2.3 Authority to Bind an Organization
If you create a Workspace or purchase a Subscription for an organization, you represent that:
-
- you are authorized to act on behalf of that organization;
- the information you provide is accurate;
- the organization agrees to these Terms; and
- you are authorized to manage its Subscription, Authorized Users, billing, and Customer Data.
2.4 Geographic Availability
The Service may not be available in every country, language, currency, or jurisdiction. We may restrict availability where required for legal, operational, sanctions, security, payment-processing, or regulatory reasons.
3. ACCOUNTS AND EMAIL VERIFICATION
3.1 Account Information
You must provide complete, current, and accurate information when creating or maintaining an Account.
3.2 Email Verification
MCD Flow may require verification of an email address before allowing access to a Workspace, MCD Desk, Client Portal, or other protected features.
You may not bypass, interfere with, or misuse email verification, security codes, invitation links, authentication processes, or access controls.
3.3 Account Security
You are responsible for:
-
- maintaining the confidentiality of your credentials;
- using unique and secure passwords;
- restricting access to your Account;
- ensuring Authorized Users do not share credentials;
- promptly updating inaccurate information; and
- notifying us of suspected unauthorized access.
You are responsible for activity performed through your Account or Workspace unless caused directly by MCD Flow’s breach of its obligations.
3.4 Unauthorized Access
You must promptly contact us at support@mcdflow.com if you reasonably believe that an Account, Workspace, password, verification link, payment method, or Customer Data has been compromised.
4. WORKSPACES, TENANCY, AND ADMINISTRATION
4.1 Workspace Ownership
The Workspace belongs to the Customer organization, not to an individual employee or team member, except when the Customer is an individual sole proprietor.
4.2 Founder and Administrator Authority
The Founder and authorized Workspace administrators may:
-
- configure the Workspace;
- invite, suspend, remove, or assign Authorized Users;
- assign roles and permissions;
- create and manage projects;
- configure Client Portal access;
- manage Customer Data;
- manage Subscription and billing settings; and
- perform other administrative actions.
Customer is responsible for determining who receives administrative authority.
4.3 Internal Disputes
MCD Flow is not responsible for resolving disputes between:
-
- owners;
- employees;
- contractors;
- clients;
- former employees;
- business partners; or
- other individuals claiming authority over a Workspace.
We may request documentation reasonably necessary to verify ownership or authority before changing Workspace control.
4.4 Tenant Isolation
MCD Flow is designed to logically separate Customer Workspaces. Customer must not attempt to access another customer’s Workspace, Account, Customer Data, or protected system resources.
5. ACCESS RIGHTS AND LICENSE
5.1 Limited Right to Use the Service
Subject to these Terms, payment of applicable fees, and compliance with plan limits, MCD Flow grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable Subscription Term to access and use the Service for Customer’s internal business operations and authorized collaboration with clients, consultants, vendors, subcontractors, and other permitted participants.
5.2 No Transfer of Ownership
These Terms do not transfer ownership of the Service, software, source code, Documentation, trademarks, designs, interfaces, proprietary methods, or other MCD Flow intellectual property.
5.3 Improvements
MCD Flow may release fixes, updates, enhancements, redesigned interfaces, new features, new modules, or other improvements.
Some improvements may:
-
- be included in an existing Subscription;
- be offered only in certain plans;
- require an additional fee;
- be released in beta; or
- replace or modify existing functionality.
6. PREVIEW AND BETA ACCESS
6.1 Preview Access
MCD Flow may provide limited Preview access for a specified time or with specified usage limits.
Preview access may include restrictions on:
-
- number of clients;
- number of projects;
- seats;
- invitations;
- file storage;
- external collaboration;
- email delivery;
- Client Portal access;
- exports;
- payment processing; or
- other features.
6.2 No Guarantee of Continued Preview Access
Preview access may expire automatically and does not guarantee future free access, continued availability, data retention, or inclusion of any feature in a paid plan.
6.3 Beta Features
Beta, experimental, early-access, or preview features may be incomplete, modified, suspended, or discontinued at any time.
Unless required by law, beta features are provided without service-level commitments or warranties.
7. SUBSCRIPTIONS, PLANS, AND SEATS
7.1 Subscription Plans
Available plans, features, included seats, usage limits, billing cycles, and fees are displayed during checkout or in an applicable Order Form.
7.2 Authorized User Seats
Each individual Authorized User requiring team access must use a separate Account and, where applicable, an available seat.
Credentials and seats may not be shared among multiple individuals.
Customer may reassign a seat when an Authorized User no longer requires access, subject to reasonable security controls and plan rules.
7.3 Plan Limits
Customer agrees not to circumvent:
-
- seat limits;
- project limits;
- storage limits;
- invitation limits;
- account restrictions;
- usage limits; or
- feature restrictions.
7.4 Plan Changes
Upgrades, downgrades, seat changes, and billing-cycle changes may take effect immediately or at the next renewal date, as disclosed during the transaction.
Additional fees, prorated charges, credits, or restrictions may apply.
7.5 Future Features
Customer’s purchase is not contingent upon delivery of any future product, integration, feature, roadmap item, or functionality unless expressly stated in a signed Order Form.
Statements regarding future development are informational and are not binding commitments.
8. FEES AND PAYMENT
8.1 Subscription Fees
Customer must pay all fees shown in the applicable checkout summary or Order Form.
Except where required by law or expressly stated in the Refund Policy, payment obligations are non-cancelable during the paid Subscription Term and fees already paid are non-refundable.
8.2 Payment Authorization
By providing or selecting a payment method, Customer authorizes MCD Flow and its payment processors to charge:
-
- Subscription Fees;
- recurring renewal fees;
- additional seats;
- approved add-ons;
- taxes;
- adjustments;
- prorated amounts; and
- other amounts expressly disclosed and authorized.
8.3 Payment Processors
Payments may be processed by third-party providers such as Stripe.
MCD Flow does not ordinarily store complete payment-card numbers. Payment processing is also subject to the applicable payment processor’s terms and privacy practices.
8.4 Accurate Billing Information
Customer must maintain complete and accurate billing, tax, company, contact, and payment information.
8.5 Failed Payments
If a payment fails or becomes overdue, MCD Flow may:
-
- retry the charge;
- request an updated payment method;
- provide a grace period;
- limit features;
- suspend operational actions;
- place the Workspace in read-only mode;
- suspend the Subscription; or
- terminate access after reasonable notice where appropriate.
Suspension does not eliminate Customer’s obligation to pay amounts already due.
9. AUTOMATIC RENEWAL
9.1 Renewal
Unless Customer cancels or disables automatic renewal before the applicable renewal deadline, a Subscription may automatically renew for the renewal period disclosed during checkout.
9.2 Renewal Charges
Customer authorizes MCD Flow and its payment processor to charge the selected payment method for the renewal amount, plus applicable taxes, on or around the renewal date.
9.3 Renewal Pricing
Renewals may be charged at the then-current price for the applicable plan and billing cycle, subject to legally required notice of material pricing changes.
9.4 Cancellation of Renewal
Customer may cancel or turn off automatic renewal through Billing & Plan or another method stated in the Cancellation Policy.
Unless otherwise disclosed or required by law:
-
- cancellation stops future renewal charges;
- access continues through the end of the already-paid Subscription Term; and
- cancellation does not automatically create a refund for the current term.
9.5 Additional Terms
The Subscription and Automatic Renewal Terms and Cancellation Policy provide additional details and are incorporated into these Terms.
10. TAXES
10.1 Fees Exclusive of Taxes
Unless expressly stated otherwise, Subscription Fees and other charges are exclusive of applicable taxes.
10.2 Applicable Taxes
Customer is responsible for sales, use, value-added, goods and services, consumption, withholding, digital services, excise, and similar taxes, duties, levies, or governmental charges applicable to Customer’s purchase or use of the Service, except taxes based solely on MCD CAD CORP’s net income.
10.3 Collection and Remittance
Where MCD Flow is legally required to collect or remit taxes, those amounts may be added to Customer’s invoice or checkout total.
10.4 Tax Information
Customer must provide accurate billing location, tax identification, exemption certificates, and other information reasonably required to determine applicable taxes.
10.5 Withholding
If Customer is legally required to withhold an amount from a payment, Customer is responsible for complying with applicable law and providing official evidence of the withholding.
The parties may cooperate in good faith regarding legally available tax documentation or treaty relief, but MCD Flow is not required to provide tax advice to Customer.
10.6 Customer Responsibility
Customer is responsible for determining its own tax, accounting, reporting, invoicing, withholding, and regulatory obligations in each jurisdiction where it conducts business.
MCD Flow does not provide tax, legal, or accounting advice.
11. CUSTOMER RESPONSIBILITIES
Customer is responsible for:
-
- its use of the Service;
- its Authorized Users;
- the legality, accuracy, quality, and integrity of Customer Data;
- obtaining all required permissions and consents;
- configuring roles, permissions, sharing, and Client Portal access;
- determining what information is shared externally;
- maintaining appropriate internal backups and business procedures;
- complying with professional, contractual, regulatory, and licensing obligations;
- verifying calculations, drawings, estimates, invoices, schedules, reports, and outputs;
- securing its devices and networks; and
- complying with applicable laws.
12. PROFESSIONAL SERVICES DISCLAIMER
12.1 Management Software Only
MCD Flow is a project, collaboration, communication, and business-management platform.
MCD Flow does not perform or provide:
-
- architectural services;
- engineering services;
- construction services;
- legal advice;
- accounting advice;
- tax advice;
- safety inspections;
- code review;
- permitting approval;
- professional certification;
- financial advice; or
- licensed professional services.
12.2 Customer Professional Responsibility
Customer remains solely responsible for professional judgment, design decisions, construction means and methods, code compliance, safety, supervision, permits, contracts, calculations, approvals, and regulatory compliance.
12.3 No Substitute for Professional Review
Information generated, organized, displayed, calculated, summarized, or transmitted through the Service must be independently reviewed by appropriately qualified persons before being relied upon for professional, contractual, financial, construction, engineering, architectural, or safety decisions.
13. CLIENT PORTAL AND EXTERNAL COLLABORATION
13.1 Customer-Controlled Access
Customer may choose whether and when to invite a client or external participant to a Client Portal.
Creating a lead or client record does not necessarily create an Account or grant portal access.
13.2 Project-Specific Permissions
Client Portal permissions may be configured separately for each project.
Customer is responsible for deciding whether a client may access:
-
- project overviews;
- shared files;
- updates;
- photographs;
- messages;
- invoices;
- receipts;
- schedules;
- approvals;
- requests for information; or
- other project information.
13.3 Internal and Client Communications
Team communications and Client Portal communications may be separated.
Customer is responsible for:
-
- selecting the correct audience;
- avoiding accidental disclosure;
- managing team permissions; and
- reviewing content before sharing it externally.
13.4 Client Conduct
Customer is responsible for ensuring that invited clients and external users comply with these Terms and any applicable portal terms.
14. CUSTOMER DATA AND OWNERSHIP
14.1 Customer Ownership
As between Customer and MCD Flow, Customer retains all right, title, and interest in Customer Data.
14.2 License to Operate the Service
Customer grants MCD Flow and its authorized service providers a worldwide, non-exclusive, limited license to host, copy, transmit, display, format, back up, process, analyze, and otherwise use Customer Data solely as reasonably necessary to:
-
- provide the Service;
- fulfill Customer instructions;
- maintain platform functionality;
- provide support;
- prevent fraud or abuse;
- maintain security;
- comply with law;
- resolve technical issues; and
- improve the Service as permitted by the Privacy Policy and applicable law.
14.3 Customer Representations
Customer represents that it has all rights, permissions, notices, and consents necessary to submit and process Customer Data through the Service.
14.4 Personal Data
Where Customer uploads or processes personal data relating to clients, employees, workers, contractors, vendors, or other individuals, Customer is responsible for determining the lawful basis and providing required notices.
Where applicable, the Data Processing Addendum governs MCD Flow’s processing of personal data on Customer’s behalf.
14.5 Sensitive Data
Unless MCD Flow expressly agrees otherwise in writing, Customer must not use the Service to store:
-
- complete payment-card data;
- bank-account credentials;
- social security numbers;
- passport or government-identification numbers;
- medical records;
- protected health information;
- biometric identifiers;
- precise credentials or passwords;
- classified information;
- data subject to special regulated-security requirements; or
- personal data of children where prohibited.
This restriction does not prohibit ordinary business contact information or information reasonably necessary for lawful AEC project management, provided Customer handles it appropriately.
14.6 Data Exports and Backups
Customer should maintain appropriate copies of critical records.
MCD Flow may provide export tools, but does not guarantee that every format, field, integration, or historical item will always be exportable in Customer’s preferred structure.
15. FILES, DRAWINGS, AND PROJECT CONTENT
15.1 Customer Responsibility for Files
Customer is responsible for verifying the accuracy, completeness, version, status, authorship, and intended use of every file uploaded to or downloaded from the Service.
15.2 No Record-Document Certification
The Service does not independently certify that a document is:
-
- current;
- approved;
- stamped;
- issued for construction;
- code compliant;
- contractually binding;
- free of errors; or
- suitable for a particular purpose.
15.3 Markups and Comments
Markups, comments, tasks, annotations, and observations made through the Service are collaboration tools and do not replace formal professional review, contract notices, change orders, requests for information, submittals, or other legally required project procedures unless the parties separately agree otherwise.
16. COMMUNICATIONS AND TRANSACTIONAL EMAIL
16.1 Service Communications
MCD Flow may send operational and transactional communications, including:
-
- email verification;
- password resets;
- security codes;
- team invitations;
- client invitations;
- trial notices;
- billing notices;
- invoices;
- receipts;
- account alerts;
- security notifications; and
- material legal updates.
16.2 Customer Communications
Customer may use the Service to communicate with Authorized Users, clients, and project participants.
Customer is responsible for ensuring that its communications comply with applicable laws, contracts, consent requirements, and anti-spam rules.
16.3 Delivery Limitations
Email, SMS, push notifications, and other messages may be delayed, filtered, blocked, rejected, or misdirected due to recipient settings, third-party providers, network conditions, or inaccurate contact information.
MCD Flow does not guarantee delivery of every communication.
17. ARTIFICIAL INTELLIGENCE AND AUTOMATED FEATURES
17.1 AI Features
MCD Flow may offer artificial intelligence, machine-learning, automation, extraction, recommendation, generation, summarization, classification, or predictive features.
17.2 Outputs May Be Inaccurate
AI-generated or automated outputs may be incomplete, inaccurate, outdated, misleading, or unsuitable for Customer’s intended use.
17.3 Human Review Required
Customer must independently review and verify AI or automated outputs before using them in:
-
- contracts;
- professional documents;
- estimates;
- invoices;
- drawings;
- specifications;
- schedules;
- compliance decisions;
- safety decisions;
- legal matters;
- financial matters; or
- client communications.
17.4 No Professional Reliance
AI features are not a substitute for licensed architects, engineers, contractors, attorneys, accountants, safety professionals, or other qualified professionals.
17.5 Input Rights
Customer must not submit content to an AI feature unless Customer has the right to process that content for the intended purpose.
Additional AI-specific terms may apply when such features are released.
18. THIRD-PARTY SERVICES AND INTEGRATIONS
18.1 Third-Party Services
The Service may integrate with or depend upon third-party services, including payment processors, email providers, hosting providers, analytics providers, mapping services, file-storage providers, accounting platforms, and identity or authentication providers.
18.2 Separate Terms
Use of third-party services may be subject to separate terms and privacy policies between Customer and the third party.
18.3 No Control Over Third Parties
MCD Flow does not control and is not responsible for:
-
- third-party availability;
- outages;
- pricing;
- security practices;
- data handling;
- feature changes;
- service discontinuation; or
- actions taken by third-party providers.
18.4 Integration Changes
An integration may be modified, suspended, or discontinued if a provider changes its API, policies, technical requirements, pricing, or availability.
19. ACCEPTABLE USE AND RESTRICTIONS
Customer and Authorized Users must not:
-
- use the Service for unlawful, fraudulent, deceptive, abusive, or harmful purposes;
- infringe intellectual property, privacy, confidentiality, publicity, or other rights;
- upload malware, viruses, harmful code, or destructive files;
- interfere with the integrity, security, availability, or performance of the Service;
- attempt unauthorized access to another Account, Workspace, system, or network;
- bypass seat, subscription, permission, storage, or feature restrictions;
- share Accounts or credentials between individuals;
- reverse engineer, decompile, disassemble, or attempt to discover source code, except where such restriction is prohibited by law;
- scrape, crawl, harvest, copy, or extract data through unauthorized automated methods;
- use the Service to build or train a competing product using unauthorized access to MCD Flow systems or confidential materials;
- resell, sublicense, rent, timeshare, or commercially redistribute the Service without written permission;
- impersonate another person or misrepresent affiliation;
- send unsolicited or unlawful communications;
- use the Service to harass, threaten, discriminate, or exploit others;
- upload content involving child sexual abuse or unlawful exploitation;
- use the Service in violation of sanctions or export-control laws; or
- encourage or assist another person in doing any of the above.
The Acceptable Use Policy may provide additional restrictions.
20. SECURITY
20.1 Safeguards
MCD Flow will maintain reasonable administrative, technical, and organizational measures designed to protect the confidentiality, integrity, and availability of the Service and Customer Data.
20.2 No Absolute Security
No internet-based system is completely secure. MCD Flow does not guarantee that unauthorized third parties will never defeat security measures or that the Service will be free from every vulnerability, interruption, or attack.
20.3 Customer Security Responsibilities
Customer is responsible for:
-
- secure devices;
- secure networks;
- access management;
- removal of former users;
- appropriate permissions;
- secure passwords;
- account monitoring; and
- protecting exported or downloaded information.
20.4 Security Cooperation
Customer agrees to reasonably cooperate with security investigations and not publicly disclose vulnerabilities before giving MCD Flow a reasonable opportunity to investigate and address them.
21. CONFIDENTIALITY
21.1 Confidential Information
“Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or should reasonably be understood to be confidential.
Confidential Information may include:
-
- Customer Data;
- project information;
- pricing;
- business plans;
- security information;
- technical information;
- software architecture;
- product roadmaps;
- financial information; and
- proprietary processes.
21.2 Exclusions
Confidential Information does not include information that the receiving party can demonstrate:
-
- is publicly available without breach;
- was lawfully known before disclosure;
- was independently developed without use of the confidential information; or
- was lawfully received from a third party without confidentiality obligations.
21.3 Protection
Each party will:
-
- use the other party’s Confidential Information only as necessary to perform under these Terms;
- use reasonable care to protect it;
- limit access to persons who need it and are subject to confidentiality duties; and
- not disclose it except as authorized or legally required.
21.4 Required Disclosure
A party may disclose Confidential Information where legally required, provided it gives notice when legally permitted and discloses only what is required.
21.5 Equitable Relief
Unauthorized disclosure may cause harm not adequately compensated by money alone. The injured party may seek appropriate injunctive or equitable relief in addition to other available remedies.
22. INTELLECTUAL PROPERTY
22.1 MCD Flow Property
MCD CAD CORP and its licensors own all rights in:
-
- MCD Flow;
- MCD Desk;
- the Service;
- software;
- source code;
- interfaces;
- designs;
- workflows;
- Documentation;
- trademarks;
- logos;
- templates created by MCD Flow;
- databases and schemas;
- proprietary methods; and
- improvements.
22.2 Customer Property
Customer retains ownership of Customer Data and intellectual property Customer independently creates.
22.3 Feedback
If Customer provides ideas, suggestions, or feedback, Customer grants MCD Flow a worldwide, perpetual, irrevocable, royalty-free right to use that feedback to operate, improve, and develop the Service without obligation or compensation.
This does not grant MCD Flow ownership of Customer’s confidential project files or professional work product.
22.4 Branding
Customer may not use MCD Flow trademarks, logos, or branding in a way that suggests sponsorship, endorsement, or affiliation without permission.
MCD Flow will not publicly use Customer’s name or logo as a customer endorsement without permission, except where necessary to operate a Customer-configured portal or branded output.
23. AVAILABILITY, SUPPORT, AND CHANGES
23.1 Availability
MCD Flow aims to provide reliable access but does not guarantee uninterrupted, error-free, or continuous availability.
23.2 Maintenance
We may perform scheduled or emergency maintenance that temporarily limits access.
23.3 Support
Support channels, response targets, and availability may vary by plan.
Unless expressly stated in a signed agreement, response times are targets rather than guaranteed service levels.
23.4 Changes to the Service
We may modify or discontinue features where reasonably necessary for:
-
- security;
- legal compliance;
- performance;
- technical compatibility;
- product improvement;
- third-party changes; or
- business operations.
Where a change materially reduces a paid core feature, we may provide reasonable notice where practicable.
24. SUSPENSION
MCD Flow may suspend or limit an Account, Workspace, Authorized User, or feature where reasonably necessary because of:
-
- nonpayment;
- security threats;
- suspected fraud;
- unlawful activity;
- material breach of these Terms;
- excessive or abusive use;
- sanctions or legal restrictions;
- risk to other customers;
- harm to platform integrity; or
- a valid legal request.
Where appropriate, MCD Flow will provide notice and an opportunity to cure. Immediate suspension may occur where necessary to prevent harm, fraud, unlawful conduct, or security incidents.
25. TERM AND TERMINATION
25.1 Term
These Terms begin when Customer first accepts them or uses the Service and continue until all Accounts and Subscriptions governed by them have ended.
25.2 Termination by Customer
Customer may stop using the Service and may cancel its Subscription according to the Cancellation Policy.
25.3 Termination by MCD Flow
MCD Flow may terminate these Terms or access to the Service if Customer:
-
- materially breaches these Terms;
- fails to cure a curable breach after reasonable notice;
- repeatedly violates policies;
- engages in fraud or unlawful conduct;
- creates a material security risk;
- fails to pay amounts due; or
- becomes subject to insolvency proceedings, where legally permitted.
25.4 Effect of Termination
Upon termination or expiration:
-
- Customer’s right to use paid features ends;
- Authorized Users may lose access;
- the Workspace may become read-only;
- MCD Flow may deactivate Accounts;
- outstanding payment obligations remain due; and
- provisions intended to survive will continue.
25.5 Data Retrieval and Deletion
Subject to the plan, termination reason, legal obligations, security requirements, and applicable policy, Customer may receive a limited period to export Customer Data.
After the applicable retention period, MCD Flow may delete or anonymize Customer Data, except where retention is required by law or reasonably necessary for fraud prevention, dispute resolution, security, backups, or enforcement.
The Privacy Policy and Data Processing Addendum provide further details.
26. REFUNDS
Refund eligibility is governed by the Refund Policy presented at the time of purchase.
Unless expressly stated in that policy or required by law:
-
- fees are non-refundable;
- unused time is not refundable;
- cancellation stops future renewal rather than reversing the current paid term; and
- failure to use the Service does not create a right to a refund.
Nothing in these Terms limits a mandatory right that cannot lawfully be waived.
27. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
MCD FLOW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF:
-
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- RELIABILITY; AND
- QUIET ENJOYMENT.
MCD FLOW DOES NOT WARRANT THAT:
-
- THE SERVICE WILL BE UNINTERRUPTED;
- THE SERVICE WILL BE ERROR-FREE;
- EVERY DEFECT WILL BE CORRECTED;
- DATA WILL NEVER BE LOST;
- COMMUNICATIONS WILL ALWAYS BE DELIVERED;
- THE SERVICE WILL MEET EVERY CUSTOMER REQUIREMENT;
- THE SERVICE WILL BE COMPATIBLE WITH EVERY DEVICE OR SYSTEM;
- OUTPUTS WILL BE ACCURATE OR COMPLETE; OR
- THE SERVICE WILL SATISFY CUSTOMER’S PROFESSIONAL OR REGULATORY OBLIGATIONS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
28. LIMITATION OF LIABILITY
28.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCD FLOW, MCD CAD CORP, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR:
-
- INDIRECT DAMAGES;
- INCIDENTAL DAMAGES;
- SPECIAL DAMAGES;
- CONSEQUENTIAL DAMAGES;
- EXEMPLARY OR PUNITIVE DAMAGES;
- LOST PROFITS;
- LOST REVENUE;
- LOST BUSINESS;
- LOST OPPORTUNITIES;
- LOSS OF GOODWILL;
- LOSS OR CORRUPTION OF DATA;
- BUSINESS INTERRUPTION;
- DELAYS;
- PROJECT COST OVERRUNS;
- PROFESSIONAL LIABILITY;
- CONSTRUCTION DEFECTS;
- PAYMENT DISPUTES; OR
- COSTS OF SUBSTITUTE SERVICES,
ARISING FROM OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
28.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCD FLOW’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF:
-
- THE FEES PAID OR PAYABLE BY CUSTOMER TO MCD FLOW DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED UNITED STATES DOLLARS (US$100).
28.3 Exceptions
The limitations in this section do not apply to liability that cannot legally be limited or excluded.
28.4 Allocation of Risk
Customer acknowledges that the disclaimers and limitations are an essential allocation of risk and form part of the basis for pricing the Service.
29. INDEMNIFICATION
Customer will defend, indemnify, and hold harmless MCD Flow, MCD CAD CORP, and their officers, directors, employees, contractors, and affiliates from third-party claims, damages, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from:
-
- Customer Data;
- Customer’s use of the Service;
- Customer’s breach of these Terms;
- Customer’s violation of law;
- Customer’s professional services or project decisions;
- Customer’s relationships with clients, employees, contractors, vendors, or subcontractors;
- unauthorized or improper portal sharing;
- infringement caused by materials submitted by Customer; or
- Customer’s failure to obtain necessary permissions or consents.
MCD Flow will provide reasonable notice of an indemnified claim and reasonable cooperation. Customer may control the defense, but may not settle a claim in a way that admits liability by MCD Flow or imposes obligations on MCD Flow without written consent.
30. INTERNATIONAL USE
30.1 Operation from the United States
The Service is controlled and operated by MCD CAD CORP from the United States.
30.2 Local Compliance
Customers accessing the Service from other jurisdictions are responsible for complying with applicable local laws, including laws regarding:
-
- business operations;
- professional licensing;
- privacy;
- data protection;
- electronic communications;
- employment;
- taxation;
- consumer protection;
- record retention;
- construction;
- architecture;
- engineering; and
- electronic contracting.
30.3 Mandatory Local Rights
Nothing in these Terms is intended to exclude mandatory rights or protections that cannot lawfully be waived under applicable law.
30.4 Data Transfers
Where personal data is transferred internationally, applicable safeguards may be addressed through the Privacy Policy, Data Processing Addendum, contractual clauses, or other legally recognized mechanisms.
30.5 Export Controls and Sanctions
Customer may not use or export the Service in violation of United States export-control, trade-sanctions, or similar applicable laws.
31. GOVERNING LAW AND DISPUTES
31.1 Governing Law
Except where mandatory local law requires otherwise, these Terms are governed by the laws of the State of Florida and applicable federal laws of the United States, without regard to conflict-of-law principles.
31.2 Venue
Subject to Section 31.3 and any mandatory rights that cannot be waived, the state and federal courts located in Palm Beach County, Florida will have exclusive jurisdiction over disputes arising from these Terms or the Service.
31.3 Informal Resolution
Before filing a formal claim, each party agrees to attempt in good faith to resolve the dispute by sending written notice describing:
-
- the facts;
- the legal basis;
- the requested remedy; and
- relevant contact information.
The parties will have at least thirty days to attempt informal resolution.
31.4 Arbitration Decision Required
Choose one approach with legal counsel before publication:
-
- court litigation only;
- binding individual arbitration;
- arbitration with a class-action waiver; or
- a jurisdiction-specific dispute framework.
Do not publish this placeholder. This section must be finalized by qualified counsel.
32. NOTICES
32.1 Electronic Notices
MCD Flow may provide operational or legal notices through:
-
- email;
- MCD Desk;
- Account notifications;
- Billing & Plan;
- the MCD Flow website; or
- other electronic means.
Customer agrees that electronic notices satisfy written-notice requirements where legally permitted.
32.2 Notices to MCD Flow
Legal notices must be sent to:
MCD CAD CORP
Attn: Legal Department
10799 Lake Oak Way
BOCA RATON, FLORIDA 33498
United States
Email: LEGAL@MCDFLOW.COM
Email alone may not constitute formal service of legal process unless MCD Flow expressly agrees or applicable law permits.
33. CHANGES TO THESE TERMS
33.1 Updates
MCD Flow may update these Terms to reflect:
-
- legal or regulatory changes;
- new products or features;
- security requirements;
- business changes;
- changes to third-party services; or
- clarification of existing terms.
33.2 Notice of Material Changes
For material changes, MCD Flow may provide advance notice through email, MCD Desk, the website, or another reasonable method.
33.3 Reacceptance
MCD Flow may require Customer or Authorized Users to review and accept a new version before continuing to use some or all features.
33.4 Version Records
MCD Flow may maintain records of:
-
- the version accepted;
- the date and time of acceptance;
- the acceptance context;
- the Account involved; and
- other reasonable evidence of consent.
Continued use after the effective date may constitute acceptance where legally permitted and where affirmative reacceptance is not required.
34. GENERAL PROVISIONS
34.1 Independent Contractors
The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, franchise, fiduciary, or employment relationship.
34.2 No Third-Party Beneficiaries
Except as expressly stated, these Terms do not create rights for third parties.
34.3 Assignment
Customer may not assign these Terms without MCD Flow’s written consent.
MCD Flow may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer to an affiliate or successor.
34.4 Force Majeure
Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control, including:
-
- natural disasters;
- war;
- terrorism;
- civil unrest;
- labor disputes;
- government actions;
- internet failures;
- utility failures;
- cyberattacks;
- denial-of-service attacks;
- epidemics;
- hosting-provider failures; or
- third-party service interruptions.
Payment obligations for services already provided are not excused by this section.
34.5 Severability
If a provision is found invalid or unenforceable, it will be limited or modified to the minimum extent necessary, and the remaining provisions will continue in effect.
34.6 No Waiver
Failure to enforce a provision is not a waiver of that provision or any other right.
34.7 Order of Precedence
In the event of conflict, the following order applies unless expressly stated otherwise:
-
- a mutually signed Order Form;
- the Data Processing Addendum for personal-data processing matters;
- applicable product-specific terms;
- these Terms; and
- general website materials or Documentation.
34.8 Entire Agreement
These Terms, incorporated policies, and applicable Order Forms constitute the entire agreement regarding the Service and replace prior or contemporaneous understandings on the same subject.
34.9 Headings
Section headings are for convenience and do not affect interpretation.
34.10 Language
The English version of these Terms will control unless applicable law requires otherwise or MCD Flow expressly designates another version as controlling.
Translations are provided for convenience and accessibility. The English and Spanish versions should be reviewed to ensure substantive consistency.
34.11 Survival
Sections that by their nature should survive expiration or termination will survive, including provisions concerning:
-
- fees owed;
- Customer Data rights;
- confidentiality;
- intellectual property;
- disclaimers;
- limitation of liability;
- indemnification;
- dispute resolution; and
- general provisions.
35. CONTACT INFORMATION
Questions about these Terms may be sent to:
MCD CAD CORP
MCD Flow Legal & Compliance
10799 Lake OAK WAY
BOCA RATON, FLORIDA, 33498
United States
Legal: LEGAL@MCDFLOW.COM
Privacy: PRIVACY@MCDFLOW.COM
Security: SUPPORT@MCDFLOW.COM
Support: SUPPORT@MCDFLOW.COM
Website: mcdflow.com
ACCEPTANCE
By creating an MCD Flow Account, accepting an Order Form, purchasing a Subscription, or accessing or using the Service, Customer acknowledges that it has read, understood, and agreed to these Terms of Service.