These terms of service outline the basis of a legally binding contract between You, personally or on behalf of an entity (referred to as “You”), and SubscriptionFlow (https://subscriptionflow.com) website as well as any related applications (referred to as “Site”, “Us”, “We”, or “Site & Services”). These terms govern Your, Your Affiliates, Users and End Customers right to access and use the Site & Services based on your subscription contract with us.

If you choose to access or use our Site & Services, or authorize or permit any User or End-Customer to access or use our Site & Services, You agree to be bound by these terms. In the event of a conflict, these terms of service shall prevail.

1.Right to Use Site & Services

1.1.The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to legal regulations or which would subject us to any registration requirement within such jurisdiction or country.


1.2.The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without supervision.

2.Changes to Terms & Conditions

2.1We may make changes to these Terms & Conditions at any time. The updated version of these Terms & Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You take responsibility for reviewing these updated Terms & Conditions. Your continued use of the Site implies that you have accepted any revisions in our Terms of Service.

 

3.Intellectual Property Rights

3.1 Unless otherwise indicated, the Site & Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site are owned or licensed to us, and are protected by copyright and trademark laws.

3.2 Except as expressly provided in these Terms and Conditions, no part of the Site & Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.3 Provided that you are eligible to use the Site & Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for personal use.

3.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site & Services including the modification of the paper or digital copies you may download.

3.5 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on the Site is accurate, complete or up to date.

4. Billing and Payments

4.1 Subscription Fees: When you are on a paying plan, you shall be charged a fee based on the plan You choose for the Services as “Subscription Fees”. Unless specified otherwise herein or in a Pricing Agreement, the Subscription Fees are payable in full and in advance until Your Subscription is terminated.

4.2 Payment: You agree to pay the Subscription Fees through a payment method acceptable to Us. You hereby authorize us and/or our authorized agents, as applicable, to bill you in accordance with Your Plan and/or Pricing Agreement for Your Subscription (and any renewal thereof). Unless otherwise stated in a Pricing Agreement, Your payment is due in full immediately upon each due date with respect to Your Subscription. You must notify Us of any change in Your payment account information, either by updating via e-mail to [email protected].

4.3 Renewal: For any Renewal Term (as defined below), unless otherwise agreed to in a Pricing Agreement, We reserve the right to change the subscription fees and billing methods upon a thirty (30) day notice. For existing Subscriptions for which the Subscription Fees has been already received by Us, We will implement the price changes during the next Renewal Term.

4.4 Refunds: Unless otherwise specified in these Terms or Pricing Agreement, all Subscription Fees are non-refundable. We do not provide refunds or credits for any partial use or non-use of the Services.

4.5 Taxes: Unless otherwise specified in a Pricing Agreement, the Subscription Fees do not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which You are responsible except for taxes imposed on Our income. You agree to pay or reimburse us for all such amounts upon demand or provide evidence of payment or exemption.

4.6 Delayed Payments/ Non-payment of Subscription Fees: Where we do not receive payment towards the Subscription Fees within the due date for a Subscription, You shall be notified of such non-payment. We must receive payments within a maximum of thirty (30) days from the date of our notice. If We do not receive payment within the above mentioned time period, in addition to our right to other remedies available under law, We may (i) charge an interest for late payment and/or (ii) suspend Your access to and use of the Services until We receive Your payment towards the outstanding Subscription Fees; and/or (iii) terminate the Subscription in accordance with Section 5.

4.7 Upgrades and Downgrades: You may upgrade or downgrade between the plans. You understand that downgrading may cause loss of features or capacity of the Services as available to you before downgrading Your Subscription. We will not be liable for such loss. When you upgrade or downgrade, the new Subscription Fees become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting month would be charged on a prorated basis and shall be payable in accordance with Section 4.2 (Payment). Subsequent months will be charged in full according to the new Subscription Fees and any credits will be adjusted appropriately.

4.8 Benefits: We may, at our sole discretion, offer you certain non-transferrable benefits (such as discounts on Subscription Fees or a free extension in Term) specific to a Subscription. The benefits may have an expiration date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from the date they were offered to You.

5. Term, Termination and Suspension

5.1 Term: Unless otherwise specified in a Pricing Agreement, a Subscription is valid for a period of twelve (12) months from the date of Your Subscription (“Initial Term”) and shall renew automatically for a term equivalent in length to the then expiring term (“Renewal Term”) unless terminated in accordance with these Terms. For the purposes of these Terms, “Term” shall mean the Initial Term and any Renewal Terms.

5.2 Termination by You: You may terminate a Subscription at any time by raising a request for cancellation of Your Subscription or by emailing Us at [email protected] and ceasing all use of the Services.

5.3 Suspension and Termination by Us: In the event of any actual or threatened breach of these Terms by You (including non-payment of Subscription Fees), we may immediately suspend all or part of Your Subscription(s). We may terminate these Terms, including Your Subscription(s), if you have breached any of these Terms and if that breach can be cured, you fail to cure that breach within fifteen (15) days after receiving written notice of that breach from us (“Your Cure Period”).

Consequences of Termination of a Subscription

5.4 We shall not be liable to You or any other third party for suspension or termination of Your Subscription or Your access to and use of the Services.

5.5 Following termination of a Subscription, We will retain that Account’s Service Data for certain period days beyond which, We will have no obligation to maintain or provide You, Your Users and End-Customers access to Service Data. Thereafter, unless legally prohibited, We reserve the right to destroy all Service Data in Our possession in the normal course of Our operations in accordance with the Privacy Notice and GDPR regulations.

5.6 Unless your subscription fee is waived by Us in writing or where the total Subscription Fee has already been prepaid, if a Subscription is terminated in accordance with Section 5.2 (Termination by You) or 5.3 (Suspension and Termination by Us) of these Terms, in addition to other amounts You may owe Us, You must immediately pay all unpaid Subscription Fees for the Term accrued through and including Your Cure Period.

Additional policies which also apply to your use of the Site include:

5.7 Our Privacy Notice, which sets out how we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

5.8 Our Cookie Policy which sets out information about the cookies on the Site.

5.9 If you purchase digital goods from the Site, our terms and conditions of supply will apply to the sales. Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms of Service, also be subject to our Terms and conditions of supply.

6. Confidentiality

6.1 The access, disclosure and use of Confidential Information and any other rights and obligations regarding such information shall be solely and exclusively governed by these Terms. All confidentiality obligations shall remain in force and effect for the Term plus one (1) year.

6.2 You or SubscriptionFlow (the “Disclosing Party”) may from time to time, while Your Subscriptions are valid, disclose to the other (the “Receiving Party”) the Disclosing Party’s confidential, proprietary and/or non-public information, materials or knowledge that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information, materials or knowledge and/or the circumstances of disclosure (the “Confidential Information”). For purposes of these Terms, Your Confidential Information includes Service Data, and Our Confidential Information includes the Services, Documentation and the contents of any Pricing Agreement. The Receiving Party agrees to protect the Disclosing Party’s Confidential Information from unauthorized access, disclosure or use in the same manner that the Receiving Party protects its own confidential or proprietary information of a similar nature but with no less than reasonable care.

6.3 The Receiving Party’s obligations with respect to Confidential Information of the Disclosing Party will terminate if the Receiving Party can document that such information (i) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party free from any obligation of confidence, (ii) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions, (iii) is, or through no fault of the Receiving Party has become, generally available to the public or (iv) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information.

6.4 The Receiving Party will return to the Disclosing Party all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party. At the Disclosing Party’s request, the Receiving Party will certify in writing that it has fully complied with its obligations under this Section 7 (Confidentiality).

7.   Disclaimer/Limitation of Liability

7.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site & Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

7.2 We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (i) errors or omissions in content; (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (iii) any interruption or cessation of transmission to or from the site or services; and/or (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise,

8.   General

8.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

8.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

8.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

8.4 We may assign any or all of our rights and obligations to others at any time.

8.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

8.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

8.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected].