Terms of Use

Last Updated: 1/10/2025

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Please read these Terms of Use (“Terms” or “Terms of Use”) carefully before using the convertflow.com website and any features, functionality, and services provided on or through such website (the “Service”) operated by ConvertFlow (“us”, “we”, or “our”).

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. 

THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE. HOWEVER, YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU DO NOT HAVE PERMISSION TO, AND YOU SHOULD NOT, ACCESS AND/OR USE THE SERVICE.

PLEASE BE AWARE THAT THE SECTION OF THESE TERMS TITLED “DISPUTE RESOLUTION” CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND CONVERTFLOW HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS AND/OR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

1. Accounts

To use certain aspects of the Service, including using any of the plans (e.g., Free, Pages, Core, Pro, Advanced, Plus, and Enterprise) you must register for an account (“Account”) and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service or by contacting us at support@convertflow.com. For further details, please visit: https://support.convertflow.com/en/articles/4819857-can-an-account-and-data-be-deleted. ConvertFlow may suspend or terminate your Account in accordance with the Section titled “Termination.”

When you create an Account with us, you guarantee that you are at least 18 years old (or the age of majority, if different in your jurisdiction), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

We reserve the right to refuse service, terminate Accounts, remove or edit content, and/or cancel orders or Purchases (defined below) in our sole discretion.

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2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

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3. Privacy

Our Privacy Policy is located on this same webpage as these Terms (located at: https://www.convertflow.com/terms-and-policies) and can be viewed by clicking on the “Privacy Policy” link immediately to the left of these Terms. Please review our Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.

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4. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases, as described in the Section titled “Payment Processing” below. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

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5. Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We further reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service unavailability, errors in the description or price of the product or service, error in your order or other reasons.

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6. Changes to the Service

We are constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

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7. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply to the extent of such conflict.

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8. Subscriptions 

1. General. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis for your Subscription base rate (“Billing Cycle”) and, except for the Annual Plan (Paid Monthly) (defined below), each such Billing Cycle will be the same duration and period as your applicable Subscription term. Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription (e.g., Monthly Plan, Annual Plan (Paid Monthly), Annual Plan (Prepaid)). Notwithstanding the foregoing, each plan is subject to additional monthly charges if you exceed the usage for the tier in which you are subscribed (e.g., if you opt for a traffic tier of up to 100,000 monthly views, but have 115,000 monthly views, you would be charged the marginal difference for the upgraded traffic tier, based on the traffic rate in place during your initial Billing Cycle) and/or if you upgrade features (e.g., adding additional websites to your Account) (“Additional Monthly Charges”). If you incur any such Additional Monthly Charges, you will be billed on a monthly basis, regardless of whether your Subscription Billing Cycle is monthly or annual. 
   
   BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT:
   YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE 
   YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF THE AUTO-RENEWAL OF YOUR SUBSCRIPTION 
   YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS.
   
   If you have elected to purchase a Subscription via the Service, your Subscription will begin as soon as your initial payment is processed and will remain in effect until your Subscription is canceled and/or downgraded to ConvertFlow’s free plan, in accordance with this Section. At the end of your initial Subscription term, and again after any subsequent Subscription term, your Subscription will be automatically renewed for additional periods of the same duration as your initial Subscription term, under the exact same conditions (unless you have upgraded your plan during the Term, in which case your Subscription will be automatically renewed under the exact same conditions as such upgraded plan, rather than your initial plan), and you will be charged for each such additional Subscription term at the then-current fees for such Subscription, unless you or ConvertFlow cancels your Subscription, or you downgrade to ConvertFlow’s free plan. Subject to the respective cancellation terms set forth below for the different Subscription plans, you may cancel your upcoming Subscription renewal and downgrade to ConvertFlow’s free plan at any time prior to your renewal date (i.e., the end of your then-current Subscription term) either through (1) logging into your Account and going to your ConvertFlow dashboard, clicking on “Billing,” then selecting “Manage Subscription,” and then clicking on “Need to cancel? Click here.,” or (2) by contacting ConvertFlow’s customer support team at support@convertflow.com. Please note, however, that downgrading to ConvertFlow's free plan will limit your Account to the free plan visitor limit and feature limits.

2. Monthly Plan
   ‍Subscription Terms: If you select a month-to-month Subscription (“Monthly Plan”), your Billing Cycle and Subscription term will be monthly. Your Monthly Plan will automatically renew each month without notice until you cancel your Monthly Plan and/or downgrade to ConvertFlow’s free plan in accordance with the “Subscriptions and Payment” Section. By purchasing a Monthly Plan, you authorize ConvertFlow and/or the applicable Payment Processor (defined below) to automatically charge your provided (or replacement) payment method(s) upon your purchase of a Subscription and each month upon renewal until you cancel or downgrade. ConvertFlow will automatically charge you the then-current rate for your Monthly Plan, plus applicable taxes and any applicable Additional Monthly Charges, every month upon renewal until you cancel or downgrade.
   
   Cancellation Terms: If you cancel your Monthly Plan, you may use your Monthly Plan until the end of that month’s Billing Cycle. Your Monthly Plan will not be renewed after your cancellation. You will not be eligible for a prorated refund of any portion of the Monthly Plan fees or Additional Monthly Charges paid for the then-current Subscription term.  
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3. Annual Plan (Paid Monthly)
   ‍Subscription Terms: If you select an annual Subscription that is paid monthly (“Annual Plan (Paid Monthly)”), your Billing Cycle will be monthly and your Subscription term will be annual. Your Annual Plan (Paid Monthly) will automatically renew annually until you cancel your Annual Plan (Paid Monthly) and/or downgrade to ConvertFlow’s free plan in accordance with the “Subscriptions and Payment” Section. By purchasing an Annual Plan (Paid Monthly), you authorize ConvertFlow and/or the applicable Payment Processor to automatically charge your provided (or replacement) payment method(s) upon your purchase of a Subscription, each month of your Annual Plan (Paid Monthly), upon renewal until you cancel or downgrade, and upon cancellation for the applicable Cancellation Fee(s) (defined below). ConvertFlow will automatically charge you the rate for your Annual Plan (Paid Monthly) based on (a) the rate as of the effective date of your Subscription, and (b) your then-current usage, plus applicable taxes and any applicable Additional Monthly Charges, every month of your Annual Plan (Paid Monthly) until you cancel or downgrade.
   
   ‍Cancellation Terms: If you cancel your Annual Plan (Paid Monthly), you will be charged a lump sum amount equal to two (2) times the sum of: (a) your then-current monthly Subscription fees for your then-current Annual Plan (Paid Monthly) Subscription as measured as of the date of cancellation, plus (b) any applicable Additional Monthly Charges for the then-current month as measured as of the date of cancellation (“Cancellation Fee”), and you may use your Annual Plan (Paid Monthly) until the end of the Billing Cycle for the month in which ConvertFlow receives your notice of cancellation. Your Annual Plan (Paid Monthly) will not be renewed after your cancellation. You will not be eligible for a prorated refund of any portion of the Annual Plan (Paid Monthly) fees or Additional Monthly Charges paid for the then-current Subscription term. 
   
   
4. Annual Plan (Prepaid)
   Subscription Terms: If you select an annual Subscription that is prepaid (“Annual Plan (Prepaid)”), your Billing Cycle and Subscription term will be annual, but if you incur any Additional Monthly Charges, you will also be billed monthly for such charges. For your Subscription fees, you will be charged, in one lump sum, the annual rate stated at the time of purchase. Your Annual Plan (Prepaid) will automatically renew annually until you cancel your Annual Plan (Prepaid) and/or downgrade to ConvertFlow’s free plan in accordance with the “Subscriptions and Payment” Section. By purchasing an Annual Plan (Prepaid), you authorize ConvertFlow and/or the applicable Payment Processor to automatically charge your provided (or replacement) payment method(s) upon your purchase of a Subscription, each month that you incur any Additional Monthly Charges (if applicable), and every year upon renewal until you cancel or downgrade. ConvertFlow will automatically charge you the then-current rate for your Annual Plan (Prepaid), plus applicable taxes, every year upon renewal of your Annual Plan (Prepaid) until you cancel or downgrade. Notwithstanding the foregoing, if you have upgraded your Annual Plan (Prepaid) during the Term and have not cancelled your upgraded Annual Plan (Prepaid) and/or downgraded to ConvertFlow’s free plan in accordance with the “Subscriptions and Payment” Section, your Subscription will be automatically renewed under the exact same conditions as such upgraded plan, and ConvertFlow will automatically charge you the then-current rate for your Annual Plan(Prepaid) as upgraded, plus applicable taxes.
   
   ‍Cancellation Terms: If you cancel your Annual Plan (Prepaid), you may use your Annual Plan (Prepaid) until the end of your then-current Subscription term. Your Annual Plan (Prepaid) will not be renewed after your then-current Subscription term expires. You will not be eligible for a prorated refund of any portion of the Annual Plan (Prepaid) fees or Additional Monthly Charges paid for the then-current Subscription term.

5. All Subscription Plans
   Upon renewal of any Subscription, if ConvertFlow does not receive payment, (a) you agree to pay all fees and charges, including Subscription fees and Additional Monthly Charges, due on your Account upon demand, and/or (b) you agree that ConvertFlow and/or the applicable Payment Processor may either terminate or suspend your Subscription and continue to attempt to charge your payment method(s) until payment is received (upon receipt of payment, your Subscription will be reactivated and your next Subscription term will begin on the date of such payment).
   
   You agree to pay all fees and charges to your Account for any Purchase and/or applicable Cancellation in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. A valid payment method, including credit card, or other accepted payment method (e.g., Shopify, Automated Clearing House (ACH)) (each provider of such a payment method, a “Payment Processor”) is required to place any order through the Service, make a Purchase, and process the payment for your Subscription (including, without limitation, any applicable Cancellation Fee(s)). You shall provide ConvertFlow or Payment Processor (as applicable) with accurate and complete billing information including valid payment method information. By submitting such payment information to ConvertFlow or Payment Processor (as applicable), you automatically authorize ConvertFlow or Payment Processor (as applicable) to charge your payment method(s) for all Purchases and orders placed via the Service, or Subscription fees, Cancellation Fees, and/or Additional Monthly Charges incurred through your Account. All fees and charges are, unless otherwise stated, non-refundable and stated in U.S. dollars. 
   
   Should automatic billing fail to occur for any reason, ConvertFlow will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

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9. Payments

1. Processing. ConvertFlow currently uses and reserves the right to continue using third-party Payment Providers. Your making or receipt of any electronic payment through any Payment Processor is also governed by the applicable Payment Processor’s terms of service. Currently, ConvertFlow uses Stripe, Inc. and Shopify Inc. as its Payment Processors for payment services (e.g., receipt and payment or amounts here under). As a condition to using such payment services, (a) you agree to be bound by and comply with the applicable Payment Processor terms of service (each a “Processor Agreement”) and (b) you must provide accurate and complete payment information and you authorize us to share this information with the applicable Payment Processor and authorize ConvertFlow and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment services. All payment information is sent directly to and stored with the applicable Payment Processor using their security protocols. ConvertFlow does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. If the Processor Agreement or your use of the applicable Payment Processor’s services is terminated by the Payment Processor, you may not be able to use certain portions of the Service. We may change or add other Payment Processors at any time with or without notice to you, and your use of payment services via such Payment Processors may be subject to additional terms or conditions.
2. Free Trial. ConvertFlow may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
   If you do enter your billing information when signing up for the Free Trial, you will not be charged by ConvertFlow or a Payment Processor until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected as part of the Free Trial. After your Billing Cycle, you will be charged monthly on a recurring basis until you choose to (i) cancel and/or downgrade to ConvertFlow’s free plan, in accordance with the Section titled “Subscriptions and Payment” above, or (ii) purchase an Annual Plan (Prepaid). If you cancel and/or downgrade to ConvertFlow’s free plan during your Free Trial period, you will not be charged. Otherwise, cancellation will take effect on your next monthly billing date with no refund for a partial period.
   At any time and without notice, ConvertFlow reserves the right to modify the terms and conditions of the Free Trial offer, revoke such Free Trial offer, or cancel such Free Trial.
3. Fee Changes. ConvertFlow, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions and/or the rates for the Additional Monthly Charges. Any Subscription fee change or Additional Monthly Charges rate change will become effective at the end of the then-current Subscription term. For the avoidance of doubt, your Additional Monthly Charges, if applicable, may vary by month based on your usage, but the rates serving as the basis for such charges will not change during your Subscription term.
   
   ConvertFlow will provide you with a reasonable prior notice of any change in Subscription fees or Additional Monthly Charges rates to give you an opportunity to terminate your Subscription before such change becomes effective.
   
   Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount and any applicable Additional Monthly Charges.
4. Refunds. Certain refund requests for Subscriptions may be considered by ConvertFlow on a case-by-case basis and granted in sole discretion of ConvertFlow, however, in no event will you be entitled to any refund if you terminate your use of the Service or any Order without cause. 

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10. Content‍

Our Service allows a user to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Content that personally identifies you or any third party.

The term “Content” includes, but is not limited to, any and all information and content that a user submits to, or uses with, the Service, including, but not limited to via the landing page creator, popup maker, quiz maker, survey maker, sticky bar builder, form builder, website messages and email.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours and  you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, moral rights, any other intellectual property or proprietary rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works of such Content on and through the Service.

ConvertFlow has the right but not the obligation to monitor and edit all Content provided by users. We are not obligated to backup any Content, and your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Content if you desire.
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In addition, Content found on or through this Service (excluding your Content) is the property of ConvertFlow or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You hereby grant to ConvertFlow a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Service (“Feedback”). We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to ConvertFlow any information or ideas that you consider to be confidential or proprietary.

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11. Prohibited Activities

When using the Service, you agree to not violate these Terms of Use, including usage that exceeds storage volume limits or other parameters and restrictions as described on the ConvertFlow site. You further agree not to:

• use the Service in any manner that infringes, violates, dilutes, or misappropriates any third party’s intellectual property or proprietary rights; 
• use the Service in any manner that is misleading, deceptive, fraudulent, or otherwise illegal or promoting illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• upload or transmit via the Service pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
• use the Service in any manner that is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity, or is invasive of another’s privacy; 
• use the Services in any manner to store, or transmit throughout, defamatory, trade libelous, unlawfully threatening, or unlawfully harassing data;
• use the Services in any manner that could damage, disable, overburden, interfere or disrupt the security or functionality of the Service; 
• attempt to discover, access, read, alter, destroy, or damage any programs, data, or other information stored on or in connection with the Service or services by any other party;
• modify the Service in any manner or form, or use modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service;
• impersonate another person or access another user’s Account without that user’s permission or to violate any contractual or fiduciary relationships;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation;
• access the Service if you are a direct competitor of the Service or for any other competitive purposes, except with ConvertFlow’s prior written consent; or
• use the Service in any manner on or for websites with the following content: offers to sell illegal goods, pornography, sexually explicit material, sex advice, betting or gambling products or services, drugs or pharmaceutical information or products, adult related products, network or multilevel marketing, excessive third-party promotions, “get rich quick” schemes, or similar content.

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12. Intellectual Property

1. As between the parties, you own all right, title, and interest in Customer Data, including all intellectual property rights therein. “Customer Data” means the electronic data and information input into the Platform by or on behalf of Customer. Customer Data does not include Usage Data or Aggregated Data (as defined below). You hereby grant to ConvertFlow and its authorized representatives and contractors, during the term of these Terms, a limited, non-exclusive license to use the Customer Data for purposes of performing the Service and fulfilling its other obligations and exercising its rights under these Terms
2. Notwithstanding anything in these Terms to the contrary, ConvertFlow may analyze Customer Data to create a de-identified and aggregated data seta that do not identify you or your users (collectively, “Aggregated Data”). ConvertFlow retains ownership of all right, title, and interest in and to Aggregated Data. ConvertFlow may use Aggregated Data for any lawful purpose, including, but not limited to, to improve, market, and provide the Service. 
3. All right, title, and interest in and to the Service and all Content contained therein (excluding Content provided by you and other users), and all technology, features, and functionality are and will remain the exclusive property of ConvertFlow and its licensors (including all right, title, and interest therein and all intellectual property and proprietary rights related thereto). The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ConvertFlow. ConvertFlow and its suppliers reserve all rights not granted in these Terms.
4. ConvertFlow retains ownership of all right, title, and interest in and to any and all content, data, or information that is collected or produced by the Service in connection with you use of the Service that does not identify you or your users (“Usage Data”). Usage Data may include, but is not limited to, usage patterns, traffic logs, and user conduct associated with the Service. ConvertFlow may use Usage Data in connection with its performance of its obligations under these Terms and for any other lawful business purpose, including, but not limited to, benchmarking, data analysis, and to improve ConvertFlow’s services, systems, and algorithms.

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13. Confidentiality

“Confidential Information” means all information disclosed by one party (“Discloser”) to the other party (“Recipient”) under these Terms that is generally unknown to the public. Confidential Information includes information that is marked or identified as confidential and, if not marked or identified as confidential, information that should reasonably have been understood by Recipient to be proprietary and confidential to Discloser or to a third party. 

Recipient shall not use any Confidential Information for any purpose other than as permitted by these Terms and to fulfill their obligations and exercise their rights hereunder. Recipient shall not disclose Confidential Information to anyone other than Recipient’s employees and independent contractors who have a need to know such Confidential Information for purposes of these Terms and who are subject to confidentiality obligations no less restrictive than Recipient’s obligations under this Section 13. Recipient shall use commercially reasonable measures to protect Confidential Information from unauthorized use, access, and disclosure. Nothing herein guarantees the security of Discloser’s Confidential Information. 

Recipient will have no confidentiality obligations under the paragraph above with respect to any information of Discloser that Recipient can document: (a) was already known to Recipient prior to Discloser’s disclosure; (b) is disclosed to Recipient by a third party who had the right to make such disclosure without violating any confidentiality agreement with or other obligation to the party who disclosed the information; (c) is, or through no fault of Recipient has become, generally available to the public; or (d) is independently developed by Recipient without access to or use of Confidential Information. Recipient may disclose Confidential Information if required to as part of a judicial process, government investigation, legal proceeding, or other similar process on the condition that, to the extent permitted by applicable law, Recipient gives prior written notice of such requirement to Discloser. Recipient shall take reasonable efforts to provide this notice in sufficient time to allow Discloser to seek an appropriate confidentiality agreement, protective order, or modification of any disclosure, and Recipient shall reasonably cooperate in such efforts at the expense of Discloser.

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14. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by ConvertFlow. ConvertFlow has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that ConvertFlow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We encourage you to read the terms of use and privacy policies of any third party websites or services that you visit.

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15. Termination

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your Account, please reach out to ConvertFlow Inc. at support@convertflow.com and follow the instructions set forth in the Section titled “Subscriptions and Payment” above. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. ConvertFlow will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Content.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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16. Data Protection

Each party shall comply with the terms of ConvertFlow’s Data Processing Addendum, which can be found here, and which is incorporated herein by this reference. 

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17. Indemnification

You agree to defend, indemnify, and hold harmless ConvertFlow and its licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses, including attorney’s fees (“Losses”), resulting from or arising out of a third party claim against ConvertFlow or its indemnitees relating to: a) your use of and access to the Service, by you or any person using your Account and password; b) your breach of these Terms; c) ConvertFlow’s use of the Customer Data in accordance with these Terms; or d) your Content posted on the Service. This indemnification obligation will not apply where any Losses are caused solely by ConvertFlow’s gross negligence or willful misconduct. 

ConvertFlow will defend you against any third party claim or action alleging that the Service or any part thereof (other than your Content) infringes on or misappropriates a third party intellectual property right (an “IP Claim”), and ConvertFlow will indemnify you against any judgments entered against you or amounts agreed to in settlement of such third party claims. The foregoing obligations are conditioned on you: (a) promptly notifying ConvertFlow in writing of such IP Claim; (b) giving ConvertFlow sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at ConvertFlow’s request and expense, assisting in such defense. In the event that the use of the Service is enjoined, ConvertFlow shall, at its option and at its own expense either: (i) procure for you the right to continue using the Service; (ii) replace the infringing portion of the Service with a non-infringing but functionally equivalent product; (iii) modify the Service so it becomes non-infringing; or (iv) terminate these Terms and refund the amounts you paid for access to the Service that relate to the period during which you were not able to use the Service. Notwithstanding the foregoing, ConvertFlow will have no obligation under this paragraph with respect to any IP Claim based upon: (1) any use of the Service not in accordance with these Terms; (2) any use of the Service in combination with products, equipment, software, or data that ConvertFlow did not supply or approve of if such infringement would have been avoided without the combination with such other products, equipment, software or data; or (3) any modification of the Service by any person other than ConvertFlow or its authorized agents or subcontractors. This paragraph states ConvertFlow’s entire liability and your sole and exclusive remedy for infringement claims or actions

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18. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CONVERTFLOW, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR COSTS, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), COPYRIGHT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED THE AMOUNT OF FEES YOU HAVE PAID TO CONVERTFLOW UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, AND IF NO FEES HAVE BEEN PAID, THEN FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS, SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF CONVERTFLOW FOR (A) ITS INDEMNIFICATION OBLIGATIONS, (B) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (C) FOR ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONVERTFLOW AND YOU.

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19. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, AND CONVERTFLOW AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COURSE OF PERFORMANCE, QUIET ENJOYMENT, AND ACCURACY.

CONVERTFLOW AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS MAKE NO WARRANTY THAT A) YOUR USE OF THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE; E) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR F) ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

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20. Dispute Resolution

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ConvertFlow and limits the manner in which you can seek relief from us.

1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service or to any aspect of your relationship with ConvertFlow will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or ConvertFlow may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 2222 Ponce De Leon, Suite 300, Coral Gables, FL 33134 and legal@convertflow.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ConvertFlow will pay them for you. In addition, ConvertFlow will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ConvertFlow. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. YOU AND CONVERTFLOW HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ConvertFlow are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection above titled “Applicability of Arbitration Agreement.” An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Florida. All other claims shall be arbitrated. 
6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 2222 Ponce De Leon, Suite 300, Coral Gables, FL 33134 and legal@convertflow.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your ConvertFlow username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. Except as provided in the subsection above titled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
8. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if ConvertFlow makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing ConvertFlow at the following address: 2222 Ponce De Leon, Suite 300, Coral Gables, FL 33134 and legal@convertflow.com. 

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21. Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with the order to which they are attached, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.‍

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22. Changes to Terms

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS AT ANY TIME. If a revision is material, we will provide at least fourteen (14) days’ notice prior to any new terms taking effect, which shall be effective immediately for new users of the Service, and for existing users who have registered with us to create an Account upon the earlier of fourteen (14) days after posting notice of such changes on the website or fourteen (14) days after dispatch of an email notice of such changes to you at the last email address you provided to us pursuant to these Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and you shall stop using the Service; otherwise, your continued use of the Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THIS WEBSITE (https://www.convertflow.com/terms-and-policies)  TO VIEW THE THEN-CURRENT TERMS.

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Contact Us

If you have any questions about these Terms, please contact us at legal@convertflow.com or at:
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ConvertFlow Inc
2222 Ponce De Leon Suite 300
Coral Gables, FL 33134