Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and FlowingMail, a product of Sadonis ("FlowingMail", "we", "us"), governing your access to and use of the FlowingMail website at flowingmail.com and the associated email automation platform (the "Service"). By creating an account or using the Service, you accept these Terms.

1. Eligibility and accounts

You must be at least 16 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind it. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

2. The Service

FlowingMail provides email automation tooling - workflows, contacts, templates, campaigns, and analytics - that dispatches messages through an email-sending provider you supply (such as Resend, SendGrid, Mailgun, Amazon SES, or a SMTP server). You are responsible for obtaining and maintaining your own account with that provider and for complying with the provider's terms.

3. Customer content and license

You retain all rights in the content you upload or create in the Service - contacts, templates, workflows, campaign results ("Customer Content"). You grant FlowingMail a limited, non-exclusive license to host, process, transmit, and display Customer Content solely as necessary to provide the Service.

4. Acceptable use

You agree not to use the Service to:

• Send unsolicited commercial email (spam), or email that violates CAN-SPAM, CASL, GDPR, PECR, or other applicable anti-spam or data-protection law
• Send email to recipients who have not consented where consent is required, or who have opted out
• Send content that is unlawful, fraudulent, deceptive, harassing, defamatory, or infringes others' rights, including intellectual property rights
• Distribute malware, phishing links, or attempt to access other users' accounts or data without authorization
• Interfere with, disrupt, reverse-engineer, or probe the Service or its infrastructure
• Use the Service to send bulk email through a provider in violation of that provider's terms

Violation of these rules may result in suspension or termination of your account without notice.

5. Fees and payment

Paid plans are billed in advance on a recurring basis as described on the pricing page. Fees are exclusive of taxes unless stated otherwise. You authorize us to charge your payment method for each billing cycle until the subscription is cancelled. Cancellations take effect at the end of the current billing period. FlowingMail does not charge per-contact and does not mark up the cost of email sent through your email provider - provider charges are billed by the provider directly.

6. Free plan

The Free plan is offered as-is. We may change the Free plan limits or discontinue the Free plan at any time with reasonable notice.

7. Intellectual property

The Service, the FlowingMail name and logos, and all related software, documentation, and content (excluding Customer Content) are owned by FlowingMail and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term of your subscription in accordance with these Terms. No other rights are granted.

8. Third-party services

The Service integrates with third-party services (email providers, payment processors, webhook sources). Your use of those services is governed by their own terms, and we are not responsible for their acts or omissions. You are responsible for any fees or obligations owed to those providers.

9. Warranties and disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWMAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT DELIVERABILITY, OPEN RATES, OR COMMERCIAL OUTCOMES - EMAIL DELIVERY IS PROVIDED BY YOUR SELECTED PROVIDER.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWMAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO FLOWMAIL IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless FlowingMail and its affiliates from and against any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your Customer Content; (c) your violation of these Terms or applicable law; or (d) your violation of the rights of any third party, including email recipients.

12. Suspension and termination

You may cancel your account at any time through the dashboard. We may suspend or terminate your access to the Service if you breach these Terms, fail to pay amounts due, pose a security or legal risk, or if we discontinue the Service. On termination, your right to use the Service ends; sections that by their nature should survive - such as intellectual property, disclaimers, limitations of liability, and indemnification - will survive.

13. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. We will post the revised Terms with an updated effective date and, for material changes, provide notice through the Service or by email. Continued use after the effective date constitutes acceptance.

14. Governing law and disputes

These Terms are governed by applicable law in the jurisdiction where FlowingMail's operating entity is registered. Any dispute will be resolved in the courts of that jurisdiction, unless both parties agree otherwise in writing.

15. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FlowingMail regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a corporate transaction.

16. Contact

Questions about these Terms can be directed to [email protected]