Draft for legal review. This document contains placeholder content structured for review by legal counsel. It does not constitute a final legal agreement and should not be relied upon until formally reviewed and approved.
These Terms of Service ('Terms') govern your access to and use of FlowNurture's website, platform, and services (collectively, 'Services') provided by FlowNurture Ltd ('FlowNurture', 'we', 'our', or 'us'). By creating an account or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
1.Acceptance of Terms
By accessing or using the FlowNurture platform, you confirm that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them. If you do not agree to these Terms, you may not use the Services.
These Terms incorporate our Privacy Policy and Cookie Policy, which are available on our website.
2.Description of Service
FlowNurture provides an integrated email marketing and workflow automation platform that includes:
- Email campaign creation, sending, and analytics
- Workflow automation with triggers, conditions, and actions
- Landing page and form builder
- Contact management, segmentation, and lead scoring
- AI-powered features including the Nura onboarding assistant, AI Writing Assistant, and AI Copilot (availability varies by plan)
- CRM integrations and API access
We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice, except where urgent action is required for security or legal reasons.
3.Account Registration and Security
To use the Services, you must create an account and provide accurate, complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us promptly of any unauthorised access or security breach at security@flownurture.com
- Ensuring that any team members you invite comply with these Terms
You may not share account credentials with third parties outside your organisation or create accounts on behalf of others without their consent.
4.Subscription, Payment, and Billing
FlowNurture offers Free and paid subscription plans. Paid plans are billed monthly or annually in advance. By providing payment information, you authorise FlowNurture to charge the applicable subscription fees.
- Prices are stated exclusive of applicable taxes unless otherwise noted
- Upgrades take effect immediately and are prorated for the current billing period
- Downgrades take effect at the start of the next billing period
- Overages (emails above your monthly plan limit) are billed at the end of each billing period
- Failed payments may result in suspension of your account after a grace period
We reserve the right to change pricing with at least 30 days' notice. Your continued use after the effective date constitutes acceptance of the new pricing.
[Refund policy to be confirmed with legal counsel.]
5.Acceptable Use
You agree not to use the Services to:
- Send spam, unsolicited bulk email, or email to contacts who have not given consent
- Violate any applicable laws, including data protection and anti-spam regulations (e.g. GDPR, CAN-SPAM, CASL)
- Transmit harmful, threatening, defamatory, obscene, or fraudulent content
- Impersonate any person or entity, or falsify sender information
- Attempt to gain unauthorised access to the Services or other users' accounts
- Reverse engineer, decompile, or extract source code from the platform
- Use the Services in a way that could damage, disable, or impair their performance
- Resell or sublicense access to the Services without our written consent
We may suspend or terminate accounts that violate these restrictions without prior notice and without liability to you.
6.Your Content
You retain ownership of all content you upload, create, or transmit through the Services, including your contact lists, email templates, and campaign content ('Your Content').
By using the Services, you grant FlowNurture a limited, non-exclusive licence to process, store, and transmit Your Content solely to provide the Services to you.
You are solely responsible for:
- Ensuring you have obtained appropriate consent to contact the individuals on your lists
- Complying with all applicable laws governing your email marketing activities
- The accuracy and legality of Your Content
7.Intellectual Property
FlowNurture and its licensors retain all intellectual property rights in the Services, including the platform, software, branding, and documentation. Nothing in these Terms grants you any ownership rights in the Services.
The FlowNurture name, logo, and product marks are trademarks of FlowNurture Ltd. You may not use our trademarks without our prior written consent.
8.Termination
You may cancel your account at any time from your account settings. Cancellation takes effect at the end of your current billing period; you retain access until then.
We may suspend or terminate your account immediately if:
- You breach these Terms in a material way
- We are required to do so by law
- Your use of the Services poses a risk to other users or the platform's integrity
On termination, your right to use the Services ceases. We will retain and delete your data in accordance with our Privacy Policy.
9.Disclaimers
The Services are provided 'as is' and 'as available' without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. We are not responsible for the content of emails you send using the platform or for the actions of your recipients.
10.Limitation of Liability
To the maximum extent permitted by applicable law, FlowNurture's total liability to you for any claims arising from your use of the Services shall not exceed the greater of: (a) the amounts paid by you to FlowNurture in the 12 months preceding the claim, or (b) £100 / €100 / $100 (as applicable).
In no event shall FlowNurture be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profits, data, or goodwill.
[Liability caps and exclusions to be reviewed by legal counsel.]
11.Governing Law and Disputes
These Terms are governed by the laws of [Jurisdiction — to be confirmed]. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction — to be confirmed].
Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days.
12.Changes to These Terms
We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or prominent notice in the product. Continued use of the Services after the effective date of the updated Terms constitutes your acceptance of them.
13.Contact
Questions about these Terms should be directed to:
Questions about this policy?
Contact us at legal@flownurture.com or visit our contact page.