Terms of Service

These Terms of Service (the "Terms") govern your access to and use of SmartFlowPros and related services, websites, and applications (collectively, the "Service"). The Service is operated from California in the United States. By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and Account Registration

• You must be at least 18 years old to use the Service.
• You agree to provide accurate information and keep it up to date.
• You are responsible for all activity under your account and for keeping credentials secure.
• You must promptly notify us if you believe your account has been compromised.

2. The Service

The Service includes features such as campaign creation, scheduling, sending via supported email providers (including Microsoft Graph), recipient management, and performance analytics. We may add, remove, or modify features at any time.

3. Acceptable Use

You agree not to (and not to allow others to):

• Send unlawful or unsolicited messages, including spam, deceptive content, or messages without required notices and opt-outs.
• Violate privacy rights or applicable marketing/communications laws in any jurisdiction where you send messages.
• Transmit malware, attempt to gain unauthorized access, probe, scan, or test the vulnerability of the Service, or bypass rate limits.
• Interfere with the Service or other users (including by scraping, automated querying, or abusive traffic) except as expressly permitted.
• Use the Service to harass, threaten, defame, or otherwise harm others.

We may suspend or terminate access to the Service (in whole or in part) if we reasonably believe you violated these Terms or your use creates risk for us, the Service, or others.

4. Customer Data and Your Responsibilities

"Customer Data" means content or information you submit to the Service, including email content, recipient details, campaign data, and related metadata. You retain ownership of your Customer Data. You grant us a limited, non-exclusive license to host, store, process, and transmit Customer Data solely to provide, maintain, secure, and improve the Service and as described in our Privacy Policy.

You represent and warrant that you have all rights and permissions necessary to provide Customer Data to us and to use it with the Service. This includes any required consent or lawful basis to email and track recipients.

5. Email Sending, Tracking, and Compliance

The Service may support features such as open tracking, click tracking, and other analytics. These features may rely on pixels, links, redirects, or similar technologies. You are responsible for ensuring your use of these features complies with applicable law, your own policies, and any commitments you make to your recipients.

We do not provide legal advice. If you are unsure whether your campaigns comply with law (including consent and disclosure requirements), consult qualified counsel.

6. Paid Plans, Billing, and Renewals

• Fees: Fees (if any) are described at checkout or in your subscription settings.
• Auto-renewal: Unless you cancel, subscriptions renew automatically at the end of each billing period.
• Cancellation: You may cancel at any time in your account settings; cancellation takes effect at the end of the then-current billing period.
• Refunds: Except where required by law or expressly stated in writing, payments are non-refundable and we do not provide credits for partial periods.
• Taxes: You are responsible for any applicable taxes, duties, or similar governmental assessments.

7. Intellectual Property

We and our licensors own all right, title, and interest in and to the Service (excluding Customer Data), including software, designs, logos, and trademarks. Except for the limited rights expressly granted to you, no rights are granted by these Terms.

If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.

8. Third-Party Services

The Service may integrate with third-party services (for example, Microsoft Graph and payment processors). Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for third-party services.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT EMAIL DELIVERY, OPEN/CLICK DATA, OR ANALYTICS WILL BE ACCURATE OR COMPLETE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID (IF ANY) BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless SmartFlowPros and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of applicable law (including marketing and privacy laws).

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access as described in these Terms. Sections that by their nature should survive will survive termination (including IP, disclaimers, limitation of liability, indemnity, and dispute terms).

13. Governing Law; California Venue

These Terms are governed by the laws of the State of California, without regard to conflict of laws rules. Except as otherwise required by applicable law, you agree that any dispute not subject to arbitration will be brought in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

14. Arbitration and Class Action Waiver

To the fullest extent permitted by law, you and SmartFlowPros agree to resolve certain disputes through binding individual arbitration rather than in court. Arbitration means you and we waive the right to a judge or jury trial and to participate in a class action.

• Informal resolution: Before starting arbitration, you agree to contact us at [email protected] to attempt to resolve the dispute informally.
• Small claims: Either party may bring eligible claims in small claims court instead of arbitration.
• Individual only: Disputes will be arbitrated only on an individual basis; class and representative actions are waived.
• Administration: The arbitration will be administered by JAMS under its applicable rules then in effect, unless the parties agree otherwise.
• Location: Unless the parties agree otherwise, arbitration will take place in California (or remotely if permitted by the arbitrator and rules).
• Equitable relief: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for misuse of intellectual property or unauthorized access to the Service.

15. Force Majeure

Neither party will be liable for any delay or failure to perform obligations under these Terms due to causes beyond its reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government actions, internet or telecommunications failures, or utility outages.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to provide notice. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

17. Contact

Questions about these Terms: [email protected].

Last updated: December 13, 2025