Terms & Policies

Privacy Policy

Last Updated: June 29, 2020

This is the Privacy Policy of ConvertFlow Inc. (“ConvertFlow” or “us” or “we“). We respect the privacy rights of our users and recognize the importance of protecting the personal information we collect about you. Our Privacy Policy is designed to help you understand what information we collect and how we use and share that information. Please read the following to learn more about our Privacy Policy.

This Privacy Policy applies to ConvertFlow’s websites (the "Sites", which include without limitation convertflow.com, convertflow.co, convertflowpages.com, and any successor URLs, mobile or localized versions and sub-domains) which is owned and operated by ConvertFlow, as well as to the ConvertFlow software and services provided by ConvertFlow (the “Services”).

By using our Sites and Services, you agree to this Privacy Policy. The Privacy Policy is subject to and incorporates by reference our Terms of Use. To review the Terms of Use go to https://www.convertflow.com/terms-and-policies.

In this Policy, the following definitions apply:

The term “Customer” means any person or company who uses ConvertFlow’s Sites and/or Services.

The term “Consumer” means a customer, user or visitor of a website developed and operated by a ConvertFlow Customer.

The term “Personal Information” means any information which, either alone or in combination with other information, identifies you as an individual, such as your name, mailing address, email address and other information you submit to us at the Site.

We may also collect information about your behavior or our other customers’ behavior when visiting the Site. ConvertFlow may display this information publicly, or provide it to others. However, ConvertFlow does not disclose personally-identifying information other than as described below.

We may collect Personal Information from our Customers. Through the use of our Services, we may also receive information, which may include Personal Information about Consumers who use our Customers’ Sites. This Privacy Policy also applies to how ConvertFlow uses and discloses the Personal Information it obtains or receives through its Sites and Services.

If you are a visitor to or user of a third-party website or service (“Third-Party Property”) that utilizes any ConvertFlow products (such as the ConvertFlow popups, forms and pages), then any information you submit to such Third-Party Property (including via the ConvertFlow product) is collected under the privacy policy of the owner of such Third-Party Property, and you should contact such owner with any related requests or inquiries you may have.

ConvertFlow is not responsible for the privacy or security practices of our Customers, which may differ from those set forth in this privacy policy. Please check with individual Customers about the policies they have in place.

If you have any inquiries specifically directed towards ConvertFlow, please email us at support@converflow.com.

1. Information We Collect

Information Related to Your Interaction With ConvertFlow And The Services

Registration and Contact Information. We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Services. This information you provide may include your username, first and last name, email address, mailing address or phone number.

Authentication. By registering or authenticating, Users allow the Services to identify them and give them access to dedicated services. Depending on what is described below, third parties may provide registration and authentication services. In this case, the Services will be able to access some Data, stored by these third-party services, for registration or identification purposes. To find out more, please refer to the description of each service.

Google OAuth (Google LLC)
Google OAuth is a registration and authentication service provided by Google LLC and is connected to the Google network. Personal Data processed: various types of Data as specified in the privacy policy of the service, including Google API data such as Google Tag Manager containers, workspaces, tags and triggers. Place of processing: United States – Privacy Policy. Privacy Shield participant.

Payment Information. When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“ Payment Information”). We describe how Payment Information may be collected and processed in Section 3.

Third Party Platforms. We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that you viewed or interacted with our content.

Information collected via Technology. When you visit our Sites or interact with the Services, some information is automatically collected via technology. In an effort to improve your experience of the Sites and Services, this may include information such as the date and time, information about your browser, IP address, operating system and computer or device, and the website you visited before our Sites (known as the "referring URL"), as well as other information. We also collect information on how you use ConvertFlow’s Sites and Services, including the elements you have interacted with, metadata and other details about these elements, clicks, the Site pages viewed, and other user actions.

We track this information using cookies. Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information. ConvertFlow uses cookies to help us and our customers to identify and track visitors, their website usage, and their website access preferences. The use of cookies by our customers, partners, affiliates and service providers is not covered by our privacy policy. We do not have control over how they use cookies on their sites.

Other Information. We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.

Customer Data. You may submit various types of information and data into the Services for hosting and processing purposes (“Customer Data”). Customer Data may include, without limitation, "Personal Information" such as names, email addresses and phone numbers of your end customers, potential customers and other users of and visitors to your websites, apps and other properties (“Consumers”), which information may be input into the Services by you or collected by the Services using ConvertFlow scripts, pages and other code implemented on such properties.

We will only use, disclose and otherwise process Customer Data in accordance with this Privacy Policy and for the provisioning of the Services. The Services use third-party services provided by FullContact, Inc. (“FullContact”) to enable you to retrieve publicly-available information about Consumers including without limitation social media information, profile information, gender, company, job titles, photos, physical addresses, and website URLs based on Consumer's email addresses input into the Services. FullContact uses Consumer's email addresses as described in its privacy policy, available at https://www.fullcontact.com/privacy/.

2. How We Use Information We Collect

We may use the information we collect through the Services or other sources for a range of reasons, including:
To provide, support and improve the Services and our other products and services, including to operate certain features and functionality of the Services (for example, by remembering your information so that you will not have to re-enter it during this or future visits and personalizing our Site to improve your browsing experience).
To communicate with you about your account and provide customer support.
To process your payments. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, as described in Section 3 (Payment Processing).
To enforce compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Customers and third parties, as well as our own.
To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To analyze trends, administer or optimize the Services, monitor usage or traffic patterns (including to track users’ movements around the Services) and gather demographic information about our user base as a whole.
To communicate directly with you. If you are a registered Customer of ConvertFlow, or have supplied your email address, ConvertFlow may occasionally communicate directly with you via newsletters or email to tell you about new features, promotions, updates, product announcements, and to solicit your feedback about ConvertFlow and our products. Your opt-out options for promotional communications are described in Section 8 (Your Choices and Opt-Outs).
To deliver you advertising, including by serving and managing ads on the Services or on third party sites and to tailor ads based on your interests and browsing history. Please see Section 8 (Your Choices and Opt-Outs) for additional information on how to manage the ads you see.
In the manner described to you at the time of collection or as otherwise described in this Privacy Policy.

3. How We Share Information

Affiliated Businesses And Third Party Websites We Do Not Control
In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through a website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites as to privacy or anything else, so if you choose to enter into such transaction or to receive such service, please review the applicable third party websites’ policies.

Service Providers
ConvertFlow may share Personal Information we collect with those of its employees, contractors and third-party service providers that need to know that information in order to process it on ConvertFlow’s behalf, or to provide services that help us with our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Service, among other things. Some of those employees, contractors, and third-party service providers may be located outside of your home country. In all cases where we share your information with such service providers, we explicitly require the service provider to acknowledge and adhere to our privacy and customer data handling policies. Except as otherwise discussed in this Privacy Policy, ConvertFlow will not sell Personal Information to anyone, and will not disclose Personal Information to any third parties for such third parties’ marketing purposes, unless we first receive your consent. However, we may share aggregate and non-personally identifying information with third parties for marketing, advertising, research, or other purposes.

Advertising Partners
We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose. We and our third-party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. For more information about cookies and other tracking technologies, please see Section 1.

Compelled Disclosure
We may share Personal Information with any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

To A Potential Buyer (And It's Agents And Advisors)
If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of ConvertFlow's assets, financing, acquisition of all or a portion of our business, a similar transaction, or steps in contemplation of such activities, your Customer Data and Consumer Data may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Site.

Payment Processing
When you make a purchase on the Service, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Stripe through their secure Stripe Checkout service. ConvertFlow never receives or stores your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry-standard security. Stripe may use your Payment Information in accordance with their own Privacy Policy as shown here: https://stripe.com/checkout/legal.

Consumer Data
We may disclose Consumer Data to the Customer who has collected such information. Notwithstanding anything else in this Privacy Policy, our Customers may access, view and download any Consumer Data gathered through the website they operate, and we have no control over their collection, use or disclosure of this information. ConvertFlow will not use such Consumer Data for any purpose other than to provide or improve our Services to Customer or as otherwise directed by Customer in accordance with Customer’s written instructions or consistent with applicable laws.

Our Services use third-party services provided by FullContact, Inc. ("FullContact") to enable Customer to retrieve publicly-available information about Consumers including without limitation social media information, profile information, gender, company, job titles, photos, physical addresses, and website URLs based on Consumer's email addresses that are input into ConvertFlow's Services. FullContact uses Consumer's email addresses as described in its privacy policy, available at https://www.fullcontact.com/privacy/. A Customer may opt out of having Consumer's email addresses sent to FullContact by request.

By disclosing Consumer Data, including Personal Information on Consumers, to ConvertFlow, the Customer acknowledges that it has read, understood and agreed to this Privacy Policy, and warrants that it has obtained the consent of the relevant Consumer to such collection, use and disclosure of Personal Information as described in this Privacy Policy. Customer agrees that it may be necessary for ConvertFlow to access Consumer Data to respond to Customer’s request for support with any technical problems. Customer shall hold ConvertFlow, its subcontractors, suppliers and licensors harmless from any and all data protection claims relating to such access.

Any Other Person With Your Consent
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

4. How We Protect Information

Security
ConvertFlow accounts require a username and password to log in. Customers must keep their username and password secure, and never disclose it to a third party. Because the information in a Customer's ConvertFlow account is so sensitive, account passwords are hashed, which means we cannot see a Customer's password. We cannot resend forgotten passwords either. We will only provide Customers with instructions on how to reset them.

We implement security measures to protect Customer Data and Consumer Data provided to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology. However, these measures do not guarantee that your Customer Data and Consumer Data will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time. By visiting our Site and using our Services, you agree to indemnify, defend (if we so request) and hold harmless ConvertFlow and its affiliates, suppliers, partners and agents from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your content, your use of the Sites or Services, your connection to the Sites, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Sites and Services.

5. Legal Basis For Processing Personal Information (EEA Persons Only)

If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.

If you are a Customer, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

Where required by law, we will collect Personal Information only where we have your consent to do so.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the "Contact Us" section below.

6. International Transfers

We Operate In The United States
Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Customers a data processing agreement.

Data transfers From Switzerland Or The EU To The United States
We may from time to time transfer your personal information to other countries outside the United States and make it accessible to our parents, subsidiaries, affiliates and third party service providers internationally. We will protect your personal information in accordance with this Privacy Policy wherever it is processed.

7. Other Data Protection Rights

You may have the following data protection rights:

To access, correct, update or request deletion of your Personal Information. ConvertFlow takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating or deleting your Personal Information, or altering your data, by emailing us at privacy@convertflow.com. We will consider your request in accordance with applicable laws.

In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at privacy@convertflow.com.

You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

As described above, for much of the Personal Information we collect and process about Consumers through the Services, we act as a processor on behalf of our Customers. In such cases, if you are a Consumer and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by ConvertFlow as a processor on behalf of our individual Customers, you should contact the relevant Customer that is using the ConvertFlow Services, and refer to their separate privacy policies.

If you no longer want to be engaged by one of our Customers through our Services, please contact the Customer directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Customer of your request.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

8. Your Choices and Opt-Outs

Opt-Outs
We may provide you with the opportunity to “opt-out” of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Services to you.

Communication Preferences
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications, such as clicking the "unsubscribe" link at the bottom of our marketing emails. Please note, however, that you may be unable to opt-out of certain service-related communications.

Also, all opt-out requests can be made by emailing us using the contact details provided in the "Contact Us" section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Customers cannot opt out of these messages unless you cancel your ConvertFlow account.

Blocking Cookies
You can remove or block certain cookies using the settings in your browser but the Services may cease to function properly if you do so.

How We Respond to Do Not Track Signals
Your Web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Services do not respond to this type of signal.

9. Data Retention

We will retain Customer Data and Consumer Data as long as your, or your company/organization’s account remains active, or as needed to provide you services. If you wish to cancel your account, contact us at support@convertflow.com.

We will retain and use your Customer Data and Consumer Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, ConvertFlow reserves the right to delete your Customer Data and Consumer Data after 90 days following your account's suspension date.

10. California Privacy Rights

California’s Shine the Light Law (CA Civil Code Section 1798.83) allows California residents to request certain information from us about disclosures of your Personal Information to third parties for their direct marketing purposes. To make a request under the Shine the Light Law, please contact us at privacy@convertflow.com.

11. Links To Other Websites

Our Sites or our Services may contain links to other websites that we don't own or control. Some of these sites may even be co-branded with the ConvertFlow name or logo. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

12. No Use Of Our Services By Children

The Services are not intended for use by anyone under the age of 18, nor does ConvertFlow knowingly collect or solicit personal information from anyone under the age of 13. If we learn that a child under 13 submits personal information to ConvertFlow, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at: support@convertflow.com.

13. Changes To Our Privacy Policy

Please read the Terms of Use and this Privacy Policy carefully. ConvertFlow reserves the right to update or change our Privacy Policy at any time meaning you should periodically check for updates to this Privacy Policy. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. The latest version of this Privacy Policy is effective as of the last updated date, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted to this page.

14. Contact Us

If you have any questions or concerns about our Privacy Policy, you may contact us by emailing us at at support@convertflow.com or by writing to us at:

ConvertFlow Inc
5790 Sunset Drive #145
Miami, FL. 33143

This Privacy Policy is effective as of May 25, 2018.

Terms of Use

Last Updated: 8/3/2021

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, Inc. (“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 (“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” BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU ANDCONVERTFLOW, INC. 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.

IF YOU PURCHASE A SUBSCRIPTION (DEFINED BELOW) TO CERTAIN ASPECTS OF THE SERVICE, THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION TERM AT THE THEN-CURRENT FEES FOR SUCH SUBSCRIPTION UNLESS YOU CANCEL OR DOWNGRADE YOUR SUBSCRIPTION IN ACCORDANCE WITH THE SECTION TITLED “SUBSCRIPTIONS AND PAYMENT” BELOW.

Accounts

To use certain aspects of the Service, including using any of the plans (e.g., Free, Marketer, Pro, Business, Studio, 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://help.convertflow.com/article/299-how-can-i-delete-my-account. ConvertFlow, Inc. 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.

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.

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.

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.

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 availability, errors in the description or price of the product or service, error in your order or other reasons.

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.

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.

Subscriptions and Payment

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 visitors, but have 115,000 monthly visitors, 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 AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF THE AUTO-RENEWAL OF YOUR SUBSCRIPTION AND YOU ACKNOWLEDGE THAT 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, Inc.’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 assuch 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, Inc. cancels your Subscription, or you downgrade to ConvertFlow, Inc.’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, Inc.’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, Inc. dashboard, clicking on “Billing,” then selecting “Manage Subscription,” and then clicking on “Need to cancel? Click here.,” or (2)  by contacting ConvertFlow, Inc.’s customer support team at support@convertflow.com. Please note, however, that downgrading to ConvertFlow, Inc.'s free plan will limit your Account to the free plan visitor limit and feature limits.

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, Inc.’s free plan in accordance with the “Subscriptions and Payment” Section. By purchasing a Monthly Plan, you authorize ConvertFlow, Inc. 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, Inc. 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.  

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, Inc.’s free plan in accordance with the “Subscriptions and Payment” Section. By purchasing an Annual Plan (Paid Monthly), you authorize ConvertFlow, Inc. 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, Inc. 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, Inc. 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.  

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, Inc.’s free plan in accordance with the “Subscriptions and Payment” Section. By purchasing an Annual Plan (Prepaid), you authorize ConvertFlow, Inc. 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, Inc. will automatically charge you the then-current rate for your AnnualPlan (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, Inc.’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, Inc. 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.

All Subscription Plans
Upon renewal of any Subscription, if ConvertFlow, Inc. 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, Inc. 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, PayPal, or other accepted payment method (e.g., Shopify, Automated Clearing House (ACH)) (each provider of such a payment method, a “Payment Provider”) 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, Inc. or Payment Processor (as applicable) with accurate and complete billing information including valid payment method information. By submitting such payment information to ConvertFlow, Inc. or Payment Processor (as applicable), you automatically authorize ConvertFlow, Inc. 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, Inc. 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.

Payment Processing

ConvertFlow, Inc. currently usesand reserves the right to continue using third-party payment providers (each a “Payment Processor”). 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, Inc. uses Stripe, Inc. and Shopify Inc. as its Payment Processors for payment services (e.g., receipt and payment oramounts 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 ofservice (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, Inc. 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, Inc. 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.

Free Trial

ConvertFlow, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period oftime (“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, Inc. 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 (a) cancel and/or downgrade to ConvertFlow, Inc.’s free plan, in accordance with the Section titled “Subscriptions and Payment” above, or (b) purchase an Annual Plan (Prepaid). If you cancel and/or downgrade to ConvertFlow, Inc.’s free plan during your Free Trial period, you will not be charged. Otherwise, cancellation will take effecton your next monthly billing date with no refund for a partial period.

At any time and without notice, ConvertFlow, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, (ii) revoke such Free Trial offer, or (iii) cancel such Free Trial.

Fee Changes

ConvertFlow, Inc., 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, Inc. 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.

Refunds

Certain refund requests for Subscriptions may be considered by ConvertFlow, Inc. on a case-by-case basis and granted in sole discretion of ConvertFlow, Inc.

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 (you own it) and/or 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, Inc. 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.

In addition, Content found on or through this Service (excluding your Content) is the property of ConvertFlow, Inc. or used with permission. You may notdistribute, 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, Inc. 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, Inc. any information or ideas that you consider to be confidential or proprietary.

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, Inc. 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, Inc.'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, credit repair services or opportunities, stock trading, day trading or stock market content, network or multilevel marketing, loans, mortgages, nutritional or herbal supplements, excessive third-party promotions, “get rich quick” schemes, or similar content.

Intellectual Property

The Service and its content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of ConvertFlow, Inc. 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, Inc.. ConvertFlow, Inc. and its suppliers reserve all rights not granted in these Terms.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by ConvertFlow, Inc..ConvertFlow, Inc. 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, Inc. 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 strongly advise you to read the terms of use and privacy policies of any third party websites or services that you visit.

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, Inc. 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.

Indemnification

You agree to defend, indemnify, and hold harmless ConvertFlow, Inc. 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 but not limited to attorney’s fees), resulting from or arising out of a) your use of and access to the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) your Content posted on the Service.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CONVERTFLOW, INC., 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, 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 TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO CONVERTFLOW, INC. UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, AND (B) 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, INC. FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONVERTFLOW, INC. AND YOU.

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, INC. 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, INC. 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.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Dispute Resolution

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

• 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, Inc. 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, Inc. 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.

• 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 5790 Sunset Drive #145, South Miami, FL 33143 and support@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, Inc. will pay them for you. In addition, ConvertFlow, Inc. 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.

• 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, Inc. 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.

• Waiver of Jury Trial. YOU AND CONVERTFLOW, INC. 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, Inc. 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.

• 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. 

• 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: 5790 Sunset Drive #145, South Miami, FL 33143 and support@convertflow.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your ConvertFlow, Inc. 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.

• 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.

• Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if ConvertFlow, Inc. 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, Inc. at the following address: 5790 Sunset Drive #145, South Miami, FL 33143 and support@convertflow.com

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 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.

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 TO VIEW THE THEN-CURRENT TERMS.

Contact Us

If you have any questions about these Terms, please contact us at support@convertflow.com or at 5790 Sunset Drive #145, South Miami, FL 33143.