Terms of Use

Version 1.1

Revised June 5, 2024

Terms of Use

Version 1.1

Revised June 5, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, THE PRODUCT OR THE SERVICES.

These Terms of Use (the “Terms”) govern your use of our website located at https://flowpoint.ai/ and any of its subdomains provided by Flowpoint (the “Website”), the Product (as defined below) and the Services (as defined below) provided through the Website.

All references to “we”, “us” or “our” in these Terms refer to Flowpoint Analytics Ltd, a company incorporated in accordance with the laws of England and Wales under company number 14068900, having its registered address at: Flat 41 Oslo Court, Prince Albert Road, London, England, NW8 7EN, or any one of its subsidiaries or affiliated companies (collectively referred to as “Flowpoint”).

When we refer to “you” or “your”, we mean any person that accesses or uses the Website, the Product or the Services. Your use of the Website, the Product or the Services and any purchases you make via the Website are subject to these Terms and the Privacy Policy.

Please read these Terms carefully, as they contain important information concerning your rights and limitations on these rights, as well as information about the Applicable Law and jurisdiction for the disputes. 

Flowpoint reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms at any time, with or without any prior notice to you. Please check these Terms periodically for any changes. Your continuing use of the Website, the Product or the Services following any revisions or changes to the Terms will constitute your irrevocable acceptance of any and all such revisions and changes.

BY ACCESSING OR USING THE WEBSITE, THE PRODUCT OR THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THE TERMS, AND USE THE WEBSITE, THE PRODUCT AND THE SERVICES IN ACCORDANCE WITH AND SUBJECT TO THESE TERMS AND THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND/OR OUR PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE WEBSITE, THE PRODUCT AND THE SERVICES AND MAKE PURCHASES VIA THE WEBSITE. 

Services

  1. Flowpoint provides software as a service product which uses artificial intelligence (the “AI”) to understand users’ behavior, identify the biggest revenue generating opportunities and provide to you insights in order to help you improve your return on investment (the “Product”). 

  2. Depending on your specific needs for the analytics of your data, you may choose provision of the Product as a cloud solution or on-site solution. For more information about the Product, please visit our Website or contact us via contact details given below.

  3. Flowpoint provides, without limitation, the following services connected to the Product depending on your subscription (the “Services”):

    • Free subscription: 1k monthly sessions, User Sessions, Page Exploration (10 pages), 5 User Flows, Reports, 3 Daily Marketing Insights, Ava Assistant powered by ChatGPT, Team members: 1, 1x Data Analysis Speed, Cross Domain Tracking, Early Access to Latest Features, Priority Support via Chat and Email

    • Standard subscription: 10k sessions/month, 10 User Flows, Advanced Page exploration (30 pages), Unlimited Daily Marketing Insights, Team members: unlimited, 2x Data Analysis Speed, 3 Auto Flow Insights, Standard support

    • Pro subscription: 50k sessions/month, Unlimited User Flows, Advanced Page Exploration (unlimited pages), 5x Data Analysis Speed, Unlimited Daily Marketing and UX Insights, Unlimited Auto Flow Insights, Marketing campaigns, Advanced Behavior Issue Exploration, Custom Events

    • Enterprise subscription: 100k sessions/month, On Premises Deployment, Feature Previews, Dedicated Customer Experience Manager, Dedicated Support via Chat, Email and Video

  4. For a more detailed description of Services, please visit https://flowpoint.ai/pricing/

  5. In order to use the Services, you have to integrate the Product as described on the Website and/or as instructed by us to you.

  6. Flowpoint has the right to change, modify, upgrade, add to, or discontinue provision of the Product, the Services or any portion or feature thereof at any time without any prior notice to you. Flowpoint also reserves the right to assign or transfer these Terms, in whole or in part, without restriction.

USE OF THE WEBSITE, THE PRODUCT AND THE SERVICES

  1. As a condition of your use of the Website, the Product or the Services, you agree that all information supplied by you in the course of your use of the Website, the Product or the Services is true, accurate, up-to-date and complete.

  2. The use of the Website, the Product and the Services is permitted by Flowpoint for your use, including commercial use, and/or to make legitimate requests to make a purchase of the offered Product. You agree not to use the Website, the Product or the Services to make any speculative, false, or fraudulent requests or purchases.

  3. You further agree that you:

  i. are not currently suspended and have not previously been banned by Flowpoint from using the Website, the Product or the Services;
ii. are not acting on behalf of a competitor of Flowpoint;
iii. have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.  

  1. We reserve the right to deny access to the Website, the Product or the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms.

  2. By using the Website, the Product or the Services, you also agree to the terms of the Flowpoint Privacy Policy and all other Flowpoint legal policies applicable to you, available on the Website or in the dashboard of the Product and/or the Services.

ACCOUNT REGISTRATION AND ACTIVATION

  1. If you opt for the provision of a Product as an on-site solution, please contact us via the customer support chat on the Website or by email at office@flowpoint.ai and follow the instructions.

  2. If you choose provision of a Product as a cloud solution, you will have to register a personal account with Flowpoint (the “Account”) in order to access and use the Product and the Services.

  3. The Product and the Services are not for use by anyone under the age of 18. By registering an Account and/or using the Product and the Services, you confirm that you are at least 18 years old.

  4. You can create an Account by providing your first name, last name, email address, and setting your Account password. Initially, you will enter a TRIAL account which is a PRO account with a 1k session limitation, instead of the 50k. The provided email address will be used for the Account creation and verification, as well as for contacting you regarding the work of the Website and/or your Account. You can complete the onboarding flow by setting up your details and your organisation’s details.

  5. Make sure you use true, accurate and complete information about yourself when registering an Account. Failure to do so shall constitute a breach of these Terms.

  6. You must not register an Account on behalf of another individual or entity, unless you are legally authorized to do so. You must not impersonate or misrepresent your identity or affiliations with other persons or entities.

  7. In order to activate your Account, you need to follow the onboarding process from the registration page. After you insert the javascript snippet we give you, all you need to do is start using your website. After Flowpoint records the first user session on your website, your Account will automatically be activated and ready to use.

  8. You are responsible for keeping your Account secure and maintaining the confidentiality of your password. Sharing your login credentials with third parties is at your own risk since you will be solely liable for all actions taken via your Account and under your password, whether or not made with your knowledge or authority.

  9. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

  10. We reserve the right to terminate or suspend your Account without providing any prior notice or reason in case of any violation of these Terms or the Applicable Law, or at our sole discretion. If your Account is terminated or suspended by us for any reason, you may be further prohibited from registering and creating a new account, even if you may be acting on behalf of a third party.

  11. You are solely responsible for the accuracy, validity, and correctness of all information you submit to us. Should there be any error, mistake, update, or change in information you have submitted prior, you are obliged to notify us immediately. 

  12. All use and security of your Account are your sole responsibility.

  13. By registering, you agree that you will use the Product and the Services only for the purposes established herein and on the Website.

FEES, PAYMENT TERMS, AND REFUNDS

  1. The Product and the Services are provided on “as is” and “as available” basis for a fee specified on the Website and, in case of the enterprise subscription, for a fee specified in the Flowpoint quote (the “Fee(s)”).

  2. The Product and the Services can be purchased on a subscription basis according to one of the subscription plans:

i. standard subscription plan
ii. pro subscription plan – offers 14 (fourteen) days of free trial with no credit card required and a session limitation of 1k sessions;
iii. enterprise subscription plan – requires you to contact us for a custom proposal.  

  1. At the end of the 14-day free trial, customers will be asked to move to another plan which could be either Free, Standard, or Pro. Customers can opt-in to pay and subscribe for any of the plans during the free trial period or at the end. 

  2. Flowpoint reserves the right, at any time and at its sole discretion, to change any Fees and any other pricing terms. Any changes shall be posted on the Website and will be effective immediately.

  3. Flowpoint reserves the right to cancel purchases of the Product and the Services, at any time, upon its discretion. In such case, other than the refund of the amounts paid by you, Flowpoint shall not be liable to compensate any of your loss or damage, or any other costs, penalties, fines of any nature incurred by you or your organisation due to or in connection with such cancellation of the Product or the Services.

  4. Refunds can only be requested if there have been technical issues with any of the Product systems, backend or dashboard that prevented you to completely access your Account, provided such outages were longer than 24h in a row. In such case, we can issue a refund to you upon request and only for the period of time you were unable to access your Account.

  5. To receive a refund according to clause 30 above, please contact us at office@flowpoint.ai within 7 (seven) calendar days from the date of technical issues. Refund requests received after the stated period will not be refunded.

  6. Your refund will be processed in the original currency that you used to pay the Fee. For example, if you paid the Fee in the U.S. dollars, the Fee will be refunded in the U.S. dollars. Flowpoint is not responsible for the exchange rate imposed by your payment service provider, or any charges that they may apply to convert the refunded amount into your local currency.

  7. If it is not possible to refund your payment using the payment method you used at the time of purchasing (e.g., because your card has expired), Flowpoint representative will contact you to arrange a refund by alternative means. If you do not provide details of a valid bank account within 30 (thirty) days of the request to provide such details, you will forfeit your right to receive a refund of your payment.

  8. The Product and the Services are paid for:

  i. according to invoices issued by us and sent to your email address; or
ii. by using payment methods specified on the Website (if applicable), in which case the payments are done with the help of third-party payment service providers and this means that we do not collect nor process your payment information.  

  1. We are not responsible for the payment solutions enabled by third-party payment service providers or for any decision taken by a payment provider to decline your payment, based on its risk assessment of you or that transaction. If you need customer support in relation to an online payment, you should contact the payment provider or your bank or payment card provider. We are not responsible for any bank charges charged by your bank when making the payment, or any taxes applicable to you according to your applicable law, - all these costs are your sole responsibility.

  2. Flowpoint may, at its sole discretion, offer partner/referral program or provide special offers (e.g., free trials) for the Product and/or the Services. Any such partner/referral programs or special offers shall always be subject to the eligibility criteria set out in our newsletters, publications on the Website, as well as the terms and conditions set out in the corresponding section of the Product and/or the Services or personalised offer sent to certain customers.

CONTENT, INTELLECTUAL PROPERTY, AND LINKS

  1. The Website as a whole, the Product and accounts on social media belong to us and are protected by the intellectual property legislation. All the Website information, content, software, graphics, texts, sounds, images, buttons, trademarks, services marks, trade names, logos and the software required for our Services used by or contained on the Website and the Product are owned by Flowpoint or Flowpoint licensors (the “Intellectual Property Materials”), and protected by copyright, trademarks, national and international laws, conventions, treaties and other laws. You agree that we exclusively retain all right, title, interest and intellectual property rights in and to the Intellectual Property Materials.

  2. Our Intellectual Property Materials may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, transferred, assigned, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Flowpoint. 

  3. Your user flows that you create on our Website or with the Product and other information that you submit to us while using the Services constitute the content generated by you. We will process it in accordance with our Privacy Policy.

  4. The Website or the Product may contain links to third-party websites or services, which do not belong to us, and we do not control them. We shall not be responsible for the content, privacy practices and the functioning of third-party websites and services. We disclaim any liability for any aspects of such third-party websites and services via your direct access or through our website. Please read public documents of those third-party websites and services before using them. 

PROHIBITED ACTIVITIES

  1. You may not use the Website, the Product and the Services in any manner that is illegal or harmful to them. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

  i. violate or help another person violate these Terms or the Applicable Law;
ii. violate intellectual property rights of any party;
iii. use the Website in any way that can damage, disable or overburden the Website, which may include, but is not limited to, uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware, or any other malicious code, performing DoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide access to the Website;
iv. attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, or extract data not intended for you;
v. impersonate or misrepresent your affiliation with another user, person, or entity, nor make other fraudulent, false, deceptive, or misleading representations;
vi. violate legislation which may apply to you when you use the Website.  

  1. You agree that you shall not, nor shall you allow any third party, to violate the Terms. In case of violation of the Terms, you bear responsibility and negative consequences according to the Terms and the Applicable Law. 

ELECTRONIC COMMUNICATIONS

  1. You consent that any emails, surveys, other information or feedback you provide to Flowpoint through the Product, the Services or the Website or via any other medium, except for personal data, as defined in the Flowpoint Privacy Policy, can be used by Flowpoint in any manner, including, but not limited to, for testimonials, reviews and ratings on Flowpoint or third-party websites.

  2. You may subscribe to our newsletters or choose the categories of emails that you would like to get from us in your Account dashboard. In such case, you represent that you consent to receiving the newsletters from us. You may unsubscribe from receiving such emails at any time by changing your preferences in your Account dashboard or by clicking the unsubscribing button in the emails sent by us to you aсcording to this clause.

LIABILITY

  1. Violation of these Terms will result in liability under the Applicable Law, unless otherwise provided in the Terms. 

  2. To the extent permitted by the Applicable Law, Flowpoint and/or any of our employees, officers, managers, directors, agents, licensors, partners, associated service providers, subcontractors, affiliates or other representatives shall not be liable for:

  i. the accuracy, completeness of the Website, the Product or their content;
ii. the accuracy, completeness, or content of any websites linked to the Website or the Product (through hyperlinks, banner advertising, or otherwise);
iii. property damage of any nature, connected with the use of the Website or the Product;
iv. third-party conduct;
v. any unauthorised access to or use of Flowpoint’s servers and/or any content, personal information or other information and data stored if such unauthorised access did not directly occur due to Flowpoint’s actions or inactions;
vi. any interruption or cessation of access to the Website or the Product;
vii. any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Website, the Product or any third-party websites;
viii. any loss or damage of any kind incurred as a result of your use of the Website or the Product, whether or not we advised of the possibility of such damages;
ix. other risks associated with the use of online platforms and websites;
x. the third parties’ services, whether associated with the Website, the Product and the Services or not.  

  1. The Website, the Product and the Services are provided on “as-is” basis without any warranty or guarantee whatsoever.

  2. To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless us from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys’ fees) arising from:

  i. your use of the Website, the Product or the Services;
ii. content that you use, distribute or save;
iii. your violation of these Terms and the Applicable Law.

  1. In case of any circumstances of insuperable force (i.e., events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the party’s control and that a party could neither foresee nor prevent for objective reasons, if these circumstances prevent a party from proper fulfilment of its obligations hereunder, the term for the fulfilment of such obligations shall be extended for the period of the effect of such circumstances of insuperable force.

  2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, epidemics and pandemics, failure of power supply or communication system, or other similar circumstances that prevent the parties from the proper fulfilment of their obligations under these Terms.

DISCLAIMER OF WARRANTIES

  1. THE PRODUCT, THE SERVICES AND THE WEBSITE, INCLUDING THEIR CONTENTS, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND FLOWPOINT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT FLOWPOINT DOES NOT WARRANT THAT THE PRODUCT, THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM FLOWPOINT OR THROUGH THE PRODUCT, THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WITHOUT LIMITATION TO THE FOREGOING, FLOWPOINT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT, THE SERVICES OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

  2. WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY SERVICES, OUR PROVIDER’S OR THIRD PARTY’S SERVICES. WE ARE NOT RESPONSIBLE FOR OUTAGES OR DISRUPTIONS OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURE WHICH ARE BEYOND OUR CONTROL AND CAN LEAD TO INTERRUPTIONS IN THE AVAILABILITY OF THE WEBSITE, THE PRODUCT OR THE SERVICES. WE MAY, TEMPORARILY AND UNDER CONSIDERATION OF OUR LEGITIMATE INTERESTS (E.G., BY PROVIDING PRIOR NOTICE), RESTRICT THE AVAILABILITY OF THE WEBSITE, THE PRODUCT OR THE SERVICES OR CERTAIN FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE WEBSITE, THE PRODUCT OR THE SERVICES. WITHOUT LIMITATION TO THE FOREGOING, FLOWPOINT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, INCLUDING THE USE, VALIDITY, QUALITY, SUITABILITY, FITNESS OF THE WEBSITE, THE PRODUCT OR THE SERVICES, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE DEFECTS-FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

LIMITATION OF LIABILITY 

  1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL FLOWPOINT AND/OR ANY OF OUR EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, LICENSORS, PARTNERS, ASSOCIATED SERVICE PROVIDERS, SUBCONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (i) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES; (ii) LOSS OF DATA, BUSINESS, REVENUE, CONTRACTS, INCOME, PROFITS, ANTICIPATED EARNINGS OR SAVINGS, OPPORTUNITY, USE, OR OTHER ECONOMIC ADVANTAGE OR BUSINESS INTERRUPTION, REPUTATION, GOODWILL; OR (iii) LOSS OR DAMAGE TO PROPERTY, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY INFORMATION, PRODUCT, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

  2. OUR MAXIMUM AGGREGATE LIABILITY TO YOU (AND ANY OTHER PARTY THAT HAS AN INTEREST IN THE PURCHASE) IN RELATION TO ANY PURCHASE MADE VIA THE WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL BE LIMITED SOLELY TO THE VALUE OF THE FEE THAT HAS BEEN PAID FOR THAT PRODUCT OR SERVICES. PRIOR TO MAKING A PURCHASE, YOU SHOULD ENSURE THAT YOU HAVE REVIEWED THE TERMS AND THAT THEY ARE ACCEPTABLE TO YOU.

TERMINATION

  1. These Terms are effective from the earliest of the date you use the Website until terminated according to terms and conditions specified in the Terms.

  2. You and Flowpoint may, at any time and for any reason, terminate these Terms. Termination by Flowpoint shall be effective upon:

  i. notice to you; or
ii. termination of your Account (if any); or
iii. at the time of Flowpoint’s discontinuing to offer and/or provide the Product and/or the Services on the Website.  

  1. The Terms shall be terminated automatically if you fail to comply with any of the terms and conditions specified in the Terms.

GOVERNING LAW

  1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of laws rules (the "Applicable Law”). You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and your use of the Product, the Services and the Website resides in the courts of England and Wales and you agree also to submit to the jurisdiction of these courts for the purposes of litigating any such claim or action. 

NO WAIVER

  1. A lack of enforcement will not result in waiver of any term. Also, no waiver by Flowpoint or you of any breach or default shall be deemed to be a waiver of any preceding or subsequent default. 

GENERAL PROVISIONS

  1. These Terms are drafted in the English language. Flowpoint may translate these Terms into other languages. If these Terms are translated into any other language, the English language version shall prevail. 

  2. Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.

  3. All notices and other communications under these Terms shall be delivered by electronic mail to Flowpoint at office@flowpoint.ai and to you at the electronic mail address provided by you to Flowpoint. Any change of email address by Flowpoint or you shall be notified to Flowpoint and you by giving a written notice of the new email address and the date upon which it will become effective.

  4. These Terms, the Privacy Policy, the Data Processing Agreement, and the Cookie Notice constitute the entire agreement between you and Flowpoint in relation to the subject-matter of these Terms and supersede any previous agreements or representations between Flowpoint and you relating to the subject-matter of this agreement. 

  5. We reserve the right to update or otherwise modify these Terms, as well as the contents of the Website, the Product and the Services, at any time and for any reason and without liability to you, any other user or any third party. You understand and agree that your continued access or use of the Website after such change signifies your acceptance of the updated Terms. This right shall not affect the Terms accepted by you upon making a legitimate purchase using the Website. We will note the date that updates were last made to the Terms at the top of this page, and the updated Terms will take effect upon posting. It is your responsibility to check these Terms each time you access the Website and review the most current version of these Terms.

  6. You agree that Flowpoint expressly reserves the right, at any time, for any reason, without prior notice and without any form of compensation, to suspend or deny you from using or accessing the Website, to cease providing the Product or any Services or to change or add any portion of the Website, the Product or the Services.

  7. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

CONTACT DETAILS 

In case of questions, complaints or comments about these Terms, please use the below details to contact us:

Flowpoint Analytics Ltd

Flat 41 Oslo Court, Prince Albert Road,

London, England, NW8 7EN

office@flowpoint.ai

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, THE PRODUCT OR THE SERVICES.

These Terms of Use (the “Terms”) govern your use of our website located at https://flowpoint.ai/ and any of its subdomains provided by Flowpoint (the “Website”), the Product (as defined below) and the Services (as defined below) provided through the Website.

All references to “we”, “us” or “our” in these Terms refer to Flowpoint Analytics Ltd, a company incorporated in accordance with the laws of England and Wales under company number 14068900, having its registered address at: Flat 41 Oslo Court, Prince Albert Road, London, England, NW8 7EN, or any one of its subsidiaries or affiliated companies (collectively referred to as “Flowpoint”).

When we refer to “you” or “your”, we mean any person that accesses or uses the Website, the Product or the Services. Your use of the Website, the Product or the Services and any purchases you make via the Website are subject to these Terms and the Privacy Policy.

Please read these Terms carefully, as they contain important information concerning your rights and limitations on these rights, as well as information about the Applicable Law and jurisdiction for the disputes. 

Flowpoint reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms at any time, with or without any prior notice to you. Please check these Terms periodically for any changes. Your continuing use of the Website, the Product or the Services following any revisions or changes to the Terms will constitute your irrevocable acceptance of any and all such revisions and changes.

BY ACCESSING OR USING THE WEBSITE, THE PRODUCT OR THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THE TERMS, AND USE THE WEBSITE, THE PRODUCT AND THE SERVICES IN ACCORDANCE WITH AND SUBJECT TO THESE TERMS AND THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND/OR OUR PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE WEBSITE, THE PRODUCT AND THE SERVICES AND MAKE PURCHASES VIA THE WEBSITE. 

Services

  1. Flowpoint provides software as a service product which uses artificial intelligence (the “AI”) to understand users’ behavior, identify the biggest revenue generating opportunities and provide to you insights in order to help you improve your return on investment (the “Product”). 

  2. Depending on your specific needs for the analytics of your data, you may choose provision of the Product as a cloud solution or on-site solution. For more information about the Product, please visit our Website or contact us via contact details given below.

  3. Flowpoint provides, without limitation, the following services connected to the Product depending on your subscription (the “Services”):

    • Free subscription: 1k monthly sessions, User Sessions, Page Exploration (10 pages), 5 User Flows, Reports, 3 Daily Marketing Insights, Ava Assistant powered by ChatGPT, Team members: 1, 1x Data Analysis Speed, Cross Domain Tracking, Early Access to Latest Features, Priority Support via Chat and Email

    • Standard subscription: 10k sessions/month, 10 User Flows, Advanced Page exploration (30 pages), Unlimited Daily Marketing Insights, Team members: unlimited, 2x Data Analysis Speed, 3 Auto Flow Insights, Standard support

    • Pro subscription: 50k sessions/month, Unlimited User Flows, Advanced Page Exploration (unlimited pages), 5x Data Analysis Speed, Unlimited Daily Marketing and UX Insights, Unlimited Auto Flow Insights, Marketing campaigns, Advanced Behavior Issue Exploration, Custom Events

    • Enterprise subscription: 100k sessions/month, On Premises Deployment, Feature Previews, Dedicated Customer Experience Manager, Dedicated Support via Chat, Email and Video

  4. For a more detailed description of Services, please visit https://flowpoint.ai/pricing/

  5. In order to use the Services, you have to integrate the Product as described on the Website and/or as instructed by us to you.

  6. Flowpoint has the right to change, modify, upgrade, add to, or discontinue provision of the Product, the Services or any portion or feature thereof at any time without any prior notice to you. Flowpoint also reserves the right to assign or transfer these Terms, in whole or in part, without restriction.

USE OF THE WEBSITE, THE PRODUCT AND THE SERVICES

  1. As a condition of your use of the Website, the Product or the Services, you agree that all information supplied by you in the course of your use of the Website, the Product or the Services is true, accurate, up-to-date and complete.

  2. The use of the Website, the Product and the Services is permitted by Flowpoint for your use, including commercial use, and/or to make legitimate requests to make a purchase of the offered Product. You agree not to use the Website, the Product or the Services to make any speculative, false, or fraudulent requests or purchases.

  3. You further agree that you:

  i. are not currently suspended and have not previously been banned by Flowpoint from using the Website, the Product or the Services;
ii. are not acting on behalf of a competitor of Flowpoint;
iii. have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.  

  1. We reserve the right to deny access to the Website, the Product or the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms.

  2. By using the Website, the Product or the Services, you also agree to the terms of the Flowpoint Privacy Policy and all other Flowpoint legal policies applicable to you, available on the Website or in the dashboard of the Product and/or the Services.

ACCOUNT REGISTRATION AND ACTIVATION

  1. If you opt for the provision of a Product as an on-site solution, please contact us via the customer support chat on the Website or by email at office@flowpoint.ai and follow the instructions.

  2. If you choose provision of a Product as a cloud solution, you will have to register a personal account with Flowpoint (the “Account”) in order to access and use the Product and the Services.

  3. The Product and the Services are not for use by anyone under the age of 18. By registering an Account and/or using the Product and the Services, you confirm that you are at least 18 years old.

  4. You can create an Account by providing your first name, last name, email address, and setting your Account password. Initially, you will enter a TRIAL account which is a PRO account with a 1k session limitation, instead of the 50k. The provided email address will be used for the Account creation and verification, as well as for contacting you regarding the work of the Website and/or your Account. You can complete the onboarding flow by setting up your details and your organisation’s details.

  5. Make sure you use true, accurate and complete information about yourself when registering an Account. Failure to do so shall constitute a breach of these Terms.

  6. You must not register an Account on behalf of another individual or entity, unless you are legally authorized to do so. You must not impersonate or misrepresent your identity or affiliations with other persons or entities.

  7. In order to activate your Account, you need to follow the onboarding process from the registration page. After you insert the javascript snippet we give you, all you need to do is start using your website. After Flowpoint records the first user session on your website, your Account will automatically be activated and ready to use.

  8. You are responsible for keeping your Account secure and maintaining the confidentiality of your password. Sharing your login credentials with third parties is at your own risk since you will be solely liable for all actions taken via your Account and under your password, whether or not made with your knowledge or authority.

  9. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

  10. We reserve the right to terminate or suspend your Account without providing any prior notice or reason in case of any violation of these Terms or the Applicable Law, or at our sole discretion. If your Account is terminated or suspended by us for any reason, you may be further prohibited from registering and creating a new account, even if you may be acting on behalf of a third party.

  11. You are solely responsible for the accuracy, validity, and correctness of all information you submit to us. Should there be any error, mistake, update, or change in information you have submitted prior, you are obliged to notify us immediately. 

  12. All use and security of your Account are your sole responsibility.

  13. By registering, you agree that you will use the Product and the Services only for the purposes established herein and on the Website.

FEES, PAYMENT TERMS, AND REFUNDS

  1. The Product and the Services are provided on “as is” and “as available” basis for a fee specified on the Website and, in case of the enterprise subscription, for a fee specified in the Flowpoint quote (the “Fee(s)”).

  2. The Product and the Services can be purchased on a subscription basis according to one of the subscription plans:

i. standard subscription plan
ii. pro subscription plan – offers 14 (fourteen) days of free trial with no credit card required and a session limitation of 1k sessions;
iii. enterprise subscription plan – requires you to contact us for a custom proposal.  

  1. At the end of the 14-day free trial, customers will be asked to move to another plan which could be either Free, Standard, or Pro. Customers can opt-in to pay and subscribe for any of the plans during the free trial period or at the end. 

  2. Flowpoint reserves the right, at any time and at its sole discretion, to change any Fees and any other pricing terms. Any changes shall be posted on the Website and will be effective immediately.

  3. Flowpoint reserves the right to cancel purchases of the Product and the Services, at any time, upon its discretion. In such case, other than the refund of the amounts paid by you, Flowpoint shall not be liable to compensate any of your loss or damage, or any other costs, penalties, fines of any nature incurred by you or your organisation due to or in connection with such cancellation of the Product or the Services.

  4. Refunds can only be requested if there have been technical issues with any of the Product systems, backend or dashboard that prevented you to completely access your Account, provided such outages were longer than 24h in a row. In such case, we can issue a refund to you upon request and only for the period of time you were unable to access your Account.

  5. To receive a refund according to clause 30 above, please contact us at office@flowpoint.ai within 7 (seven) calendar days from the date of technical issues. Refund requests received after the stated period will not be refunded.

  6. Your refund will be processed in the original currency that you used to pay the Fee. For example, if you paid the Fee in the U.S. dollars, the Fee will be refunded in the U.S. dollars. Flowpoint is not responsible for the exchange rate imposed by your payment service provider, or any charges that they may apply to convert the refunded amount into your local currency.

  7. If it is not possible to refund your payment using the payment method you used at the time of purchasing (e.g., because your card has expired), Flowpoint representative will contact you to arrange a refund by alternative means. If you do not provide details of a valid bank account within 30 (thirty) days of the request to provide such details, you will forfeit your right to receive a refund of your payment.

  8. The Product and the Services are paid for:

  i. according to invoices issued by us and sent to your email address; or
ii. by using payment methods specified on the Website (if applicable), in which case the payments are done with the help of third-party payment service providers and this means that we do not collect nor process your payment information.  

  1. We are not responsible for the payment solutions enabled by third-party payment service providers or for any decision taken by a payment provider to decline your payment, based on its risk assessment of you or that transaction. If you need customer support in relation to an online payment, you should contact the payment provider or your bank or payment card provider. We are not responsible for any bank charges charged by your bank when making the payment, or any taxes applicable to you according to your applicable law, - all these costs are your sole responsibility.

  2. Flowpoint may, at its sole discretion, offer partner/referral program or provide special offers (e.g., free trials) for the Product and/or the Services. Any such partner/referral programs or special offers shall always be subject to the eligibility criteria set out in our newsletters, publications on the Website, as well as the terms and conditions set out in the corresponding section of the Product and/or the Services or personalised offer sent to certain customers.

CONTENT, INTELLECTUAL PROPERTY, AND LINKS

  1. The Website as a whole, the Product and accounts on social media belong to us and are protected by the intellectual property legislation. All the Website information, content, software, graphics, texts, sounds, images, buttons, trademarks, services marks, trade names, logos and the software required for our Services used by or contained on the Website and the Product are owned by Flowpoint or Flowpoint licensors (the “Intellectual Property Materials”), and protected by copyright, trademarks, national and international laws, conventions, treaties and other laws. You agree that we exclusively retain all right, title, interest and intellectual property rights in and to the Intellectual Property Materials.

  2. Our Intellectual Property Materials may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, transferred, assigned, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Flowpoint. 

  3. Your user flows that you create on our Website or with the Product and other information that you submit to us while using the Services constitute the content generated by you. We will process it in accordance with our Privacy Policy.

  4. The Website or the Product may contain links to third-party websites or services, which do not belong to us, and we do not control them. We shall not be responsible for the content, privacy practices and the functioning of third-party websites and services. We disclaim any liability for any aspects of such third-party websites and services via your direct access or through our website. Please read public documents of those third-party websites and services before using them. 

PROHIBITED ACTIVITIES

  1. You may not use the Website, the Product and the Services in any manner that is illegal or harmful to them. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

  i. violate or help another person violate these Terms or the Applicable Law;
ii. violate intellectual property rights of any party;
iii. use the Website in any way that can damage, disable or overburden the Website, which may include, but is not limited to, uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware, or any other malicious code, performing DoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide access to the Website;
iv. attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, or extract data not intended for you;
v. impersonate or misrepresent your affiliation with another user, person, or entity, nor make other fraudulent, false, deceptive, or misleading representations;
vi. violate legislation which may apply to you when you use the Website.  

  1. You agree that you shall not, nor shall you allow any third party, to violate the Terms. In case of violation of the Terms, you bear responsibility and negative consequences according to the Terms and the Applicable Law. 

ELECTRONIC COMMUNICATIONS

  1. You consent that any emails, surveys, other information or feedback you provide to Flowpoint through the Product, the Services or the Website or via any other medium, except for personal data, as defined in the Flowpoint Privacy Policy, can be used by Flowpoint in any manner, including, but not limited to, for testimonials, reviews and ratings on Flowpoint or third-party websites.

  2. You may subscribe to our newsletters or choose the categories of emails that you would like to get from us in your Account dashboard. In such case, you represent that you consent to receiving the newsletters from us. You may unsubscribe from receiving such emails at any time by changing your preferences in your Account dashboard or by clicking the unsubscribing button in the emails sent by us to you aсcording to this clause.

LIABILITY

  1. Violation of these Terms will result in liability under the Applicable Law, unless otherwise provided in the Terms. 

  2. To the extent permitted by the Applicable Law, Flowpoint and/or any of our employees, officers, managers, directors, agents, licensors, partners, associated service providers, subcontractors, affiliates or other representatives shall not be liable for:

  i. the accuracy, completeness of the Website, the Product or their content;
ii. the accuracy, completeness, or content of any websites linked to the Website or the Product (through hyperlinks, banner advertising, or otherwise);
iii. property damage of any nature, connected with the use of the Website or the Product;
iv. third-party conduct;
v. any unauthorised access to or use of Flowpoint’s servers and/or any content, personal information or other information and data stored if such unauthorised access did not directly occur due to Flowpoint’s actions or inactions;
vi. any interruption or cessation of access to the Website or the Product;
vii. any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Website, the Product or any third-party websites;
viii. any loss or damage of any kind incurred as a result of your use of the Website or the Product, whether or not we advised of the possibility of such damages;
ix. other risks associated with the use of online platforms and websites;
x. the third parties’ services, whether associated with the Website, the Product and the Services or not.  

  1. The Website, the Product and the Services are provided on “as-is” basis without any warranty or guarantee whatsoever.

  2. To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless us from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys’ fees) arising from:

  i. your use of the Website, the Product or the Services;
ii. content that you use, distribute or save;
iii. your violation of these Terms and the Applicable Law.

  1. In case of any circumstances of insuperable force (i.e., events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the party’s control and that a party could neither foresee nor prevent for objective reasons, if these circumstances prevent a party from proper fulfilment of its obligations hereunder, the term for the fulfilment of such obligations shall be extended for the period of the effect of such circumstances of insuperable force.

  2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, epidemics and pandemics, failure of power supply or communication system, or other similar circumstances that prevent the parties from the proper fulfilment of their obligations under these Terms.

DISCLAIMER OF WARRANTIES

  1. THE PRODUCT, THE SERVICES AND THE WEBSITE, INCLUDING THEIR CONTENTS, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND FLOWPOINT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT FLOWPOINT DOES NOT WARRANT THAT THE PRODUCT, THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM FLOWPOINT OR THROUGH THE PRODUCT, THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WITHOUT LIMITATION TO THE FOREGOING, FLOWPOINT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT, THE SERVICES OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

  2. WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY SERVICES, OUR PROVIDER’S OR THIRD PARTY’S SERVICES. WE ARE NOT RESPONSIBLE FOR OUTAGES OR DISRUPTIONS OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURE WHICH ARE BEYOND OUR CONTROL AND CAN LEAD TO INTERRUPTIONS IN THE AVAILABILITY OF THE WEBSITE, THE PRODUCT OR THE SERVICES. WE MAY, TEMPORARILY AND UNDER CONSIDERATION OF OUR LEGITIMATE INTERESTS (E.G., BY PROVIDING PRIOR NOTICE), RESTRICT THE AVAILABILITY OF THE WEBSITE, THE PRODUCT OR THE SERVICES OR CERTAIN FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE WEBSITE, THE PRODUCT OR THE SERVICES. WITHOUT LIMITATION TO THE FOREGOING, FLOWPOINT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, INCLUDING THE USE, VALIDITY, QUALITY, SUITABILITY, FITNESS OF THE WEBSITE, THE PRODUCT OR THE SERVICES, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE DEFECTS-FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

LIMITATION OF LIABILITY 

  1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL FLOWPOINT AND/OR ANY OF OUR EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, LICENSORS, PARTNERS, ASSOCIATED SERVICE PROVIDERS, SUBCONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (i) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES; (ii) LOSS OF DATA, BUSINESS, REVENUE, CONTRACTS, INCOME, PROFITS, ANTICIPATED EARNINGS OR SAVINGS, OPPORTUNITY, USE, OR OTHER ECONOMIC ADVANTAGE OR BUSINESS INTERRUPTION, REPUTATION, GOODWILL; OR (iii) LOSS OR DAMAGE TO PROPERTY, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY INFORMATION, PRODUCT, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

  2. OUR MAXIMUM AGGREGATE LIABILITY TO YOU (AND ANY OTHER PARTY THAT HAS AN INTEREST IN THE PURCHASE) IN RELATION TO ANY PURCHASE MADE VIA THE WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL BE LIMITED SOLELY TO THE VALUE OF THE FEE THAT HAS BEEN PAID FOR THAT PRODUCT OR SERVICES. PRIOR TO MAKING A PURCHASE, YOU SHOULD ENSURE THAT YOU HAVE REVIEWED THE TERMS AND THAT THEY ARE ACCEPTABLE TO YOU.

TERMINATION

  1. These Terms are effective from the earliest of the date you use the Website until terminated according to terms and conditions specified in the Terms.

  2. You and Flowpoint may, at any time and for any reason, terminate these Terms. Termination by Flowpoint shall be effective upon:

  i. notice to you; or
ii. termination of your Account (if any); or
iii. at the time of Flowpoint’s discontinuing to offer and/or provide the Product and/or the Services on the Website.  

  1. The Terms shall be terminated automatically if you fail to comply with any of the terms and conditions specified in the Terms.

GOVERNING LAW

  1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of laws rules (the "Applicable Law”). You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and your use of the Product, the Services and the Website resides in the courts of England and Wales and you agree also to submit to the jurisdiction of these courts for the purposes of litigating any such claim or action. 

NO WAIVER

  1. A lack of enforcement will not result in waiver of any term. Also, no waiver by Flowpoint or you of any breach or default shall be deemed to be a waiver of any preceding or subsequent default. 

GENERAL PROVISIONS

  1. These Terms are drafted in the English language. Flowpoint may translate these Terms into other languages. If these Terms are translated into any other language, the English language version shall prevail. 

  2. Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.

  3. All notices and other communications under these Terms shall be delivered by electronic mail to Flowpoint at office@flowpoint.ai and to you at the electronic mail address provided by you to Flowpoint. Any change of email address by Flowpoint or you shall be notified to Flowpoint and you by giving a written notice of the new email address and the date upon which it will become effective.

  4. These Terms, the Privacy Policy, the Data Processing Agreement, and the Cookie Notice constitute the entire agreement between you and Flowpoint in relation to the subject-matter of these Terms and supersede any previous agreements or representations between Flowpoint and you relating to the subject-matter of this agreement. 

  5. We reserve the right to update or otherwise modify these Terms, as well as the contents of the Website, the Product and the Services, at any time and for any reason and without liability to you, any other user or any third party. You understand and agree that your continued access or use of the Website after such change signifies your acceptance of the updated Terms. This right shall not affect the Terms accepted by you upon making a legitimate purchase using the Website. We will note the date that updates were last made to the Terms at the top of this page, and the updated Terms will take effect upon posting. It is your responsibility to check these Terms each time you access the Website and review the most current version of these Terms.

  6. You agree that Flowpoint expressly reserves the right, at any time, for any reason, without prior notice and without any form of compensation, to suspend or deny you from using or accessing the Website, to cease providing the Product or any Services or to change or add any portion of the Website, the Product or the Services.

  7. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

CONTACT DETAILS 

In case of questions, complaints or comments about these Terms, please use the below details to contact us:

Flowpoint Analytics Ltd

Flat 41 Oslo Court, Prince Albert Road,

London, England, NW8 7EN

office@flowpoint.ai

Table of Contents

Title