1.Introduction and Acceptance
These Terms of Service ("Terms") are an agreement between you and MarketFlow ("we", "us" or "our") and govern your use of the MarketFlow website, platform, APIs and related services (the "Service").
By creating an account, accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business or other organisation, you confirm that you have authority to bind it, and "you" means that organisation. If you do not agree, do not use the Service.
2.Eligibility
MarketFlow is intended for businesses and professionals. To use it you must be old enough to form a binding contract where you live, be using it for business purposes, and not be barred from using it under any applicable law.
3.MarketFlow Account
You need an account to use most of the Service. You agree to give accurate information when you register and to keep it up to date.
You are responsible for keeping your password and any API keys confidential, and for all activity under your account. Tell us promptly if you believe your account has been accessed without your permission.
4.Workspace and Team Members
Your account operates within one or more workspaces. The workspace owner can invite team members and assign them roles - such as Workspace Admin, Marketing Manager, Sales Agent, Support Agent, Analyst or Viewer - which control what each person can see and do.
The workspace owner is responsible for who is given access, for the roles they hold, and for the actions team members take in the workspace.
5.User Responsibilities
When you use MarketFlow, you are responsible for:
- the customer and lead data you upload, import, capture or create in your workspace;
- having the rights, and any permission or consent required by law, to collect that data and to contact the people it relates to;
- the content of your messages, templates, campaigns, posts and automations;
- making sure your use of the Service complies with the laws that apply to you and to the people you contact, and with the policies of the channels you use;
- the third-party accounts you connect and the access you grant to them;
- the configuration of your automations, integrations and webhooks.
6.Acceptable Use
You must not use MarketFlow to:
- send spam, or messages to people who have not given any consent the law requires, or who have opted out;
- use purchased, rented, scraped or otherwise improperly obtained contact lists;
- send content that is unlawful, deceptive, fraudulent, harassing, hateful, defamatory or infringes anyone's rights;
- impersonate any person or organisation, or misrepresent who a message is from;
- distribute malware, phishing links or other harmful code;
- breach the policies of WhatsApp, email and SMS providers, social platforms or other connected services;
- attempt to gain unauthorised access to the Service, other workspaces or connected systems, or probe, scan or test their vulnerabilities without permission;
- interfere with or overload the Service, or circumvent its usage limits or security controls;
- copy, resell or reverse-engineer the Service, except where the law expressly allows it.
We may investigate suspected violations and take action under Section 20, including removing content or suspending messaging.
7.Customer Data
"Customer Data" means the contacts, leads, conversations, orders and other information about your customers that you or your integrations put into MarketFlow. As between you and us, you own your Customer Data.
You grant us permission to host, store, process, transmit and display Customer Data as needed to provide, secure and support the Service for you, and as described in our Privacy Policy. We process Customer Data on your behalf and according to your instructions as expressed through your use of the Service.
You are responsible for the accuracy, quality and legality of Customer Data and of the means by which you obtained it, and for keeping any copies you need outside MarketFlow.
8.Campaigns and Marketing Communications
You decide who receives your campaigns, what they say and when they are sent. You are responsible for making sure every campaign complies with the marketing, privacy and consumer protection laws that apply to you and to your recipients.
Where the law requires it, you must obtain permission from recipients before sending them marketing messages, identify yourself as the sender, provide a way to opt out, and honour opt-out requests promptly. MarketFlow provides tools to help - such as segments and templates - but using them correctly remains your responsibility.
9.WhatsApp, Email, SMS and Social Messaging
MarketFlow sends and receives messages through channels operated by other companies. When you use a channel, you must also follow that provider's terms and policies - for example WhatsApp's business and commerce policies and template approval rules, your email provider's sending rules, carrier and registration requirements for SMS, and each social platform's terms.
Delivery depends on those providers. They can reject, filter, delay, throttle or block messages, decline templates, or restrict or suspend your account with them, and none of that is within our control. MarketFlow does not guarantee that any WhatsApp, email, SMS or social message will be delivered, delivered on time, opened or read.
Provider fees, message limits and quality ratings may apply in addition to your MarketFlow subscription, and are set by the provider.
10.Automation and Workflows
Workflows run the actions you configure - such as sending messages, updating contacts or moving leads - when their triggers and conditions are met. You are responsible for building, testing and monitoring your workflows, and for the messages and changes they produce.
Automations can act on large numbers of contacts quickly. Review a workflow before activating it, and pause it if it behaves unexpectedly. We are not responsible for the results of a workflow that runs as it was configured.
11.Commerce, Products and Orders
MarketFlow lets you manage products, categories, inventory, catalogs, discounts and orders. You are the seller: you are responsible for your products, their descriptions and prices, fulfilment, returns, refunds, taxes, and your relationship with your customers.
Where payments are handled through a third-party payment provider, that provider processes them under its own terms. MarketFlow is not a party to transactions between you and your customers.
12.Integrations, APIs and Webhooks
You may connect third-party services to MarketFlow and use our API and webhooks to exchange data with your own systems. You are responsible for the accounts you connect, the credentials you use, and where your webhooks send data.
Keep API keys secure and do not share them publicly. We may apply rate limits and other technical limits to the API, and may change, deprecate or discontinue API features with reasonable notice where practical. An integration can stop working if the third party changes or withdraws its service.
13.Analytics and Reporting
MarketFlow's analytics and reports are based on data from your workspace and from the providers you connect. Some figures - such as delivery, open and attribution data - depend on what those providers report and may be delayed, estimated or incomplete.
Reports are provided to help you understand your activity. They are not a guarantee of any result, and you should not rely on them as your only source for financial, tax or legal decisions.
14.Intellectual Property
The Service - including its software, design, text, graphics, logos and the MarketFlow name - is owned by us or our licensors and protected by intellectual property laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription. They do not transfer any ownership to you.
If you send us feedback or suggestions, we may use them without any obligation to you.
15.User Content
"User Content" means the templates, messages, campaigns, media, product listings and other material you create or upload. You keep ownership of it, and give us permission to host, copy, process and display it as needed to operate the Service for you.
You confirm that you have the rights needed to use your User Content, and that it does not infringe anyone else's rights or break the law. We may remove User Content that we reasonably believe violates these Terms.
16.Third-Party Services
The Service works with third-party services that we do not own or control, including messaging providers, social platforms and commerce tools. Your use of them is governed by their own terms and privacy policies, and we are not responsible for their availability, content, actions or data practices.
17.Subscriptions and Billing
Paid plans are billed in advance on a monthly or yearly basis, as selected when you subscribe. Plan features and limits - such as workspaces, contacts and message volumes - are described on our pricing page and may differ between plans.
Subscriptions renew automatically at the end of each billing period unless cancelled. You authorise us, or our payment provider, to charge the payment method on file for each renewal and for any upgrades. Fees are exclusive of taxes unless stated otherwise, and you are responsible for applicable taxes.
You can change plans from your workspace billing settings. We may change our prices; if we do, we will give you notice before the change applies to your next billing period. Except where required by law or stated otherwise in writing, fees already paid are non-refundable.
If a payment fails, we may retry it and, if it remains unpaid, limit or suspend access to paid features until the balance is settled.
18.Free Trial / Free Plan
If we offer a free trial or free plan, its length, features and limits will be described when you sign up. Unless you cancel before a trial ends, it may convert to a paid subscription and your payment method will be charged, if one was provided.
Free trials and free plans are provided as they are, may have lower limits than paid plans, and may be changed or ended by us at any time.
19.Cancellation
You can cancel your subscription at any time from your workspace billing settings. Cancellation stops the next renewal; your workspace remains available until the end of the period you have already paid for.
20.Account Suspension or Termination
We may suspend or terminate your access to all or part of the Service - including sending on particular channels - if you materially breach these Terms, fail to pay fees, create a risk of harm or legal exposure for us, other users or recipients, or if a provider requires us to. Where reasonable, we will notify you first and give you an opportunity to fix the issue.
You may stop using the Service and close your account at any time.
21.Data After Termination
Before your account closes, you can export your contacts, campaign history and other data from the Service. After closure, we may delete your workspace and Customer Data after a reasonable period, except where we must keep information to meet legal obligations, resolve disputes or enforce our agreements. Deleted data cannot be recovered.
22.Service Availability
We work to keep MarketFlow available and reliable, but we do not promise that it will be uninterrupted, error-free or available at any particular time. The Service may be unavailable during maintenance, updates or events outside our control, and features that depend on third-party providers are subject to their availability.
23.Disclaimers
To the extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
MarketFlow does not guarantee any business outcome from using the Service - including message delivery or open rates, lead volumes, conversion rates, sales or revenue. Results depend on your business, your content, your audience and third-party providers.
24.Limitation of Liability
To the extent permitted by law, MarketFlow and its affiliates, directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising from or related to your use of the Service.
To the extent permitted by law, our total liability for any claim arising from or related to these Terms or the Service is limited to the amount you paid us for the Service in the twelve months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
25.Indemnification
You agree to defend, indemnify and hold harmless MarketFlow and its affiliates, directors, employees and suppliers from claims, damages, losses and expenses (including reasonable legal fees) arising from your Customer Data, your User Content, the messages you send, your violation of these Terms or of any law or third-party policy, or your violation of anyone's rights.
26.Changes to the Service
We continually develop MarketFlow and may add, change or remove features. If we make a change that materially reduces the core functionality of a paid plan you are subscribed to, we will give you reasonable notice.
27.Changes to the Terms
We may update these Terms from time to time. We will change the "Last updated" date at the top of this page and, for material changes, give you notice by email or in the Service before they take effect. If you continue to use the Service after the changes take effect, you accept the updated Terms.
28.Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction in which MarketFlow is registered, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Service will be resolved in the courts of that jurisdiction, unless applicable law requires otherwise.
Before starting formal proceedings, please contact us at legal@example.com so we can try to resolve the issue informally.
29.Contact Information
If you have questions about these Terms, contact us:
- Company - MarketFlow
- Address - 123 Innovation Avenue, Dhaka 1212, Bangladesh
- Legal enquiries - legal@example.com
- Privacy enquiries - privacy@example.com