The terms that govern your use of Flowella.

Introduction and Acceptance

Welcome to Flowella, a software-as-a-service platform operated by Flowella Limited (" Company ", " we ", or " us "). Flowella enables users to convert HubSpot forms into interactive WhatsApp Flows, capturing structured data from WhatsApp conversations and submitting it to HubSpot and other integrated systems. By accessing or using Flowella (the " Service "), you agree to be bound by these Terms of Service (" Terms "). If you do not agree with these Terms, you must not use the Service. These Terms form a legal agreement between you (either an individual or the entity you represent, referred to as " you " or " User ") and the Company. Please read them carefully.

By using Flowella, you also agree to our Privacy Policy (available on our website) which describes how we collect, use, and protect personal data. Additionally, if you use Flowella in conjunction with third-party services (such as HubSpot or WhatsApp), you agree to comply with those third parties’ terms and policies as described in Section 7 below.

Account Registration and Eligibility

To use Flowella, you must create an account and provide accurate, up-to-date information. Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to register for an account. If you are creating an account on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms. You agree to keep your login credentials confidential and not share them with any unauthorized person. You are responsible for all activities that occur under your account. You agree to notify us immediately at info@flowella.io if you suspect any unauthorized use of your account or any other breach of security.

By registering, you ensure that all information you submit (such as name, email, business details) is truthful and accurate. You agree to update your information to keep it current. We reserve the right to suspend or terminate accounts that contain false, outdated, or incomplete information, or that are suspected of unauthorized use.

Account Security: You are responsible for maintaining the security of your account and any API keys or integration credentials associated with the Service. Do not share your passwords or API tokens. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

Service Description and Use

Flowella is a no-code platform that allows you to create and deploy conversational workflows (“ Flows ”) on WhatsApp using forms you already use (e.g. HubSpot forms). The Service works by sending your form questions to users via WhatsApp and capturing their answers in real-time, then syncing those responses back to your connected systems like HubSpot. Flowella uses the official WhatsApp Business API (provided by Meta) to send and receive messages, and integrates with third-party tools (like CRMs and form platforms) to retrieve form definitions and to push submission data.

By using Flowella, you acknowledge and agree that:

• WhatsApp Business Account: To use WhatsApp messaging through Flowella, you must have a valid and verified WhatsApp Business Account (WABA) with Meta (WhatsApp). During setup, Flowella will guide you to connect or create a WhatsApp Business Account if you don’t have one. You are responsible for complying with Meta’s requirements for WhatsApp Business API access, including verification processes and adherence to Meta’s policies.
• HubSpot or Other Integration Accounts: If you choose to integrate Flowella with HubSpot or any other third-party platform (such as Google Forms, Typeform, SurveyMonkey, etc.), you must have an active account with the relevant service. Flowella will connect to those services via API (OAuth or other secure credentials) with your authorization to fetch form definitions and to submit data. You are solely responsible for any fees or compliance obligations associated with your accounts on those third-party platforms.
• Service Functionality: Flowella will transmit messages to your end-users on WhatsApp and capture their inputs. Each interactive message or question is delivered as part of a chat conversation on WhatsApp, using WhatsApp’s native “Flows” interface (e.g. text inputs, buttons, lists, date pickers, file upload prompts). Users can respond within WhatsApp, and Flowella validates inputs (e.g. ensuring required fields are filled or formatting is correct) in real time. Once the user completes the Flow, their responses are automatically forwarded to your connected form or CRM (e.g. creating or updating a record in HubSpot with the data).
• No Guarantee of Results: While Flowella aims to improve user engagement (WhatsApp messages often see very high open and response rates), we do not guarantee any specific response rates, lead conversion, or other business results from using the Service. Your success may depend on how you use the platform, the quality of your outreach and forms, and other factors beyond our control.

Your use of the Service must comply with these Terms and all applicable laws and regulations. We reserve the right to modify or discontinue any features of the Service at any time. We will endeavor to give advance notice if any major changes will significantly affect your use of the Service.

Free Trial and Subscription Plans

Flowella offers a Free Trial and several paid subscription plans (each a " Plan "), as detailed on our Pricing page. By signing up for the Service, you may begin with a free trial period or choose a paid plan:

• Free 30-Day Trial: New users can try Flowella free for 30 days. The free trial includes up to 100 WhatsApp conversations (interactions with end-users) and is subject to certain limitations, such as a “Powered by Flowella.io” branding watermark on outgoing messages[1]. No credit card is required to start the free trial, and there is no charge during this trial period. The trial is meant for you to evaluate the Service. Trial Expiration: After 30 days, or after reaching the 100-conversation limit (whichever comes first), your free trial will end. At that time, your flows may be disabled or limited unless you choose to upgrade to a paid plan. We reserve the right to limit one free trial per customer or organization. We may terminate or restrict trial accounts that we suspect of abuse, excessive usage beyond fair testing, or any violation of these Terms.
• Starter Plan: A paid monthly subscription intended for small businesses or startups. For a fixed monthly fee (e.g. $79/month as of the date of these Terms), the Starter Plan includes up to 1,000 conversations per month, with an overage fee for additional conversations (for example, $0.10 per conversation beyond 1,000 in a billing period)[2]. This plan removes the Flowella watermark branding and provides additional features such as integration into HubSpot Workflows.
• Pro Plan: A higher-tier monthly subscription (e.g. $159/month) for growing businesses. It includes all Starter Plan features and higher limits or additional benefits (for example, everything in Starter plus the ability to use up to 10 message templates per month and one hour of consultation/training per month)[3]. Overage fees for extra conversations may apply here as well (unless otherwise specified in the plan).
• Enterprise Plan: A custom plan for large or established businesses with advanced needs. Pricing is bespoke (tailored per agreement with our sales team) and typically includes all Pro Plan features with expanded or unlimited usage (for instance, unlimited templates and additional consultation hours)[4]. Enterprise plans may be governed by a separate order form or service agreement in addition to these Terms.

Plan Changes: You may upgrade or downgrade between paid plans by contacting us or using the account settings if available. Upgrades to a higher tier will be prorated and effective immediately (with any additional fees charged accordingly), while downgrades or cancellations will typically take effect at the end of your current billing period (to avoid disruption of service you already paid for). We reserve the right to modify the pricing and features of our Plans from time to time, but any changes to pricing for your Plan will be communicated to you in advance and will not take effect until the start of your next billing cycle. If you do not agree to a pricing change, you may cancel your subscription before the new fees apply.

Fair Use Policy: All usage of Flowella, including in “unlimited” tiers or high-volume Enterprise arrangements, is subject to fair use. This means the Service is intended for typical business use cases as outlined on our website (e.g. customer surveys, lead collection, renewals, etc.) and not for activities that place excessive burden on our infrastructure or violate our Acceptable Use Policy (see Section 6). If we detect usage that is significantly beyond normal operational patterns and could impair the Service (for example, millions of automated messages being sent in a short time, or activities resembling spam campaigns), we may reach out to discuss reducing usage, upgrade your plan, or in extreme cases, suspend the activity to maintain service stability. We will make a good faith effort to contact you and work out a solution before taking action, unless the abusive usage poses an immediate threat to the Service’s integrity or security.

Fees and Payment Terms

For paid Plans, you agree to pay all applicable subscription fees and any overage charges as described at sign-up or on our Pricing page. All fees are stated in US Dollars (USD) or in the currency specified at the time of purchase, and are exclusive of any taxes (unless otherwise noted). You are responsible for any value-added tax (VAT), sales tax, or similar taxes that may be imposed on your subscription (except taxes on our income).

Billing Cycle: Subscription fees for monthly plans are billed in advance on a monthly cycle (starting from the date you activate a paid plan). If you upgrade or downgrade your plan, the billing adjustments will be handled as described in Section 4. We may offer annual billing or longer-term subscriptions for certain plans, in which case the fees and billing schedule will be outlined in a separate order or invoice.

Payment Method: You must provide a valid payment method (such as a credit card) to pay for the subscription. By providing a payment method, you represent that you are authorized to use that method and you authorize us (or our payment processor) to charge the subscription fees to that payment method. If your payment method is declined or fails, we will attempt to notify you and may retry the charge. If payment remains unsuccessful, we may suspend or terminate your access to the Service. You are responsible for keeping your billing information (such as credit card number and expiration date, or billing address) up to date.

Auto-Renewal:Paid subscriptions will automatically renew at the end of each billing period (e.g., monthly) unless you cancel the subscription before the next renewal date. By default, we will continue to charge the then-current subscription fee to your payment method on each renewal until you cancel. You can cancel or manage your subscription by contacting us at info@flowella.io or through any account management interface provided. If you cancel, you will continue to have access to paid features until the end of the current paid period, after which your account may be downgraded to a free or limited status.

Overage Fees: If you exceed the included usage of your plan (for example, exceeding the number of included conversations in a month on the Starter or Pro plan), you will incur overage charges as specified by your plan (e.g., $0.10 per additional conversation)[2]. Overage fees may be billed at the end of the monthly cycle or added to the next billing period’s charge. We may put in place measures to prevent excessive usage beyond plan limits, but it is ultimately your responsibility to monitor your usage. We will make usage statistics available (through the dashboard or upon request) so that you can gauge your consumption against plan limits.

No Refunds: Fees (including subscription fees and overage charges) are non-refundable except where required by law. This means that if you cancel in the middle of a paid period, or if your account is terminated for violating these Terms, you will not receive a prorated refund for the remainder of the period. In certain cases, we might provide a refund or credit at our discretion (for example, if the Service was unavailable for an extended time due to our fault, or if you inadvertently were charged after timely cancellation), but these exceptions are at our sole discretion. Any free trial is provided free of charge; once you convert to a paid plan, all fees become applicable.

Meta WhatsApp Fees Not Included: Please note that subscription fees for Flowella do not include any fees that may be charged by Meta (WhatsApp) for message delivery. Meta may impose fees for WhatsApp Business API usage, such as per-conversation or per-message charges (often depending on the template category or recipient’s country). These fees (sometimes called WhatsApp conversation charges) are typically billed through your WhatsApp Business Solution Provider or your WhatsApp Business Account settings, separate from Flowella. You are solely responsible for any WhatsApp messaging fees charged by Meta or its partners. Flowella’s role is to facilitate the sending of messages via your WhatsApp Business Account, but Flowella does not control WhatsApp’s pricing. For example, if Meta charges you for a template message sent outside the 24-hour customer service window, those charges will be borne by you in addition to the Flowella subscription fee. We advise you to review Meta’s pricing and policy documentation for the WhatsApp Business API so you understand any costs involved. (HubSpot, by contrast, generally does not charge per form submission, so using Flowella to send data into HubSpot does not incur HubSpot fees beyond your existing HubSpot subscription, if any.)

Changes in Fees: We may change our subscription fees or introduce new fees for additional features in the future. If we do, we will give you reasonable advance notice (for example, by email or by posting an update in the application or website) of the change. Fee changes will not apply retroactively; they will apply at the start of your next billing period following the notice. If you do not agree with a fee change, you may downgrade or cancel your subscription before the change takes effect. Continuing to use the Service after the price change goes into effect constitutes your agreement to pay the new amount.

Acceptable Use and Prohibited Activities

When using Flowella, you must comply with the following acceptable use requirements. You agree NOT to misuse the Service or use it for any unlawful or harmful purpose. In particular, you shall not:

• Violate Laws or Rights: Use Flowella in any manner that violates any applicable law or regulation, including (but not limited to) data protection laws, anti-spam laws, export control laws, or WhatsApp’s platform rules. You also shall not use the Service to infringe or misappropriate the intellectual property rights or other rights of any third party.
• Send Unsolicited or Spam Messaging: Use Flowella to send unsolicited bulk messages, spam, or any messages to people who have not given you valid consent to be contacted via WhatsApp. WhatsApp’s policy requires that businesses can only initiate conversations with contacts who have explicitly opted in to receive WhatsApp messages (e.g., the user checked a box agreeing to WhatsApp communication or otherwise gave permission)[5]. You must ensure you have such opt-in before initiating any WhatsApp conversation through Flowella. Using Flowella to harvest phone numbers or send mass marketing messages without opt-in is strictly prohibited. We reserve the right to ask you for proof that your contacts consented to WhatsApp messages if we receive complaints or detect suspicious activity.
• Misuse Message Templates: For any WhatsApp outbound message that is not in response to a user-initiated chat within WhatsApp’s 24-hour support window, you are required to use an approved template message as per WhatsApp Business API rules[6]. You agree to only use message templates that have been approved by WhatsApp and to not alter or misuse templates in ways that violate WhatsApp’s Business Messaging Policy[5]. For example, you should not use an approved template for a different purpose or content than what was submitted for approval, and you should not attempt to circumvent template approval by splitting content into multiple messages or using unofficial methods. Harassing or deceptive content in templates is forbidden (and will likely be rejected by WhatsApp anyway). If you misuse templates or attempt to send unapproved template content, Meta may block your messaging capabilities and we may terminate or suspend your Flowella account.
• Harassment or Harm: Use the Service to harass, threaten, abuse, or encourage harm or violence toward any individual or group. This includes sending messages that are hateful, defamatory, bullying, or discriminatory (e.g., messages that incite racism, sexism, religious hatred, or any form of targeted harassment). Absolutely no harassment or hate speech may be transmitted via Flowella.
• Illegal or Harmful Content: Send or store any content via the Service that is illegal, obscene, defamatory, libelous, invasive of privacy, or otherwise objectionable. You also must not use Flowella to transmit any content that contains viruses, malware, or any harmful code that could damage or interfere with the recipient’s device or data. The Service must not be used to facilitate any illegal activities, including fraud, phishing, or dissemination of counterfeit or stolen information.
• Impersonation and Misrepresentation: You shall not impersonate any person or entity or falsely represent your identity or affiliation when using the Service. For example, do not mislead recipients into thinking a message is from someone else or from an official source if it is not. If you are using a brand’s WhatsApp account, it should be your own brand or a brand you are authorized to represent. Misleading practices are prohibited.
• Interference with the Service: You may not interfere with or disrupt the integrity or performance of Flowella or the data contained therein. This means you should not attempt to overload the Service (e.g., by launching a denial-of-service attack or overusing resources outside of fair use), and you must not attempt to gain unauthorized access to any portion of our Service or its underlying systems. Additionally, you shall not use any automated means (such as bots or scripts) to extract data from the Service or to send messages through the Service in a manner that bypasses usage limits or the intended interface.
• Reverse Engineering or Abuse: You shall not attempt to reverse engineer, decompile, or disassemble any software or technology used to provide the Service, except as permitted by law. You also agree not to use the Service in order to build a competing product or service, or copy any features, functions, or graphics of the Service for competitive purposes. Furthermore, do not misuse any provided APIs or integrations by going beyond their documented use or attempting to circumvent security measures.
• Data Misuse: You may not use Flowella to collect highly sensitive personal data from end-users unless you have a lawful basis and appropriate security measures. (For example, while Flowella can facilitate KYC processes like ID upload or financial info collection as part of a flow, you are responsible for ensuring you have user consent and that you handle such data in compliance with privacy laws.) Under no circumstances should you use Flowella to collect payment card information, passwords, or other sensitive info in a way that violates applicable standards (for instance, collecting credit card numbers without proper PCI compliance). Also, do not use the Service to send or collect any data that is prohibited by WhatsApp or HubSpot policies.

We reserve the right to review your usage and content for compliance with these Terms. We may suspend or terminate your account or remove any content that we determine (in our reasonable judgment) violates the Acceptable Use provisions. However, we do not assume any obligation to monitor content – it remains your responsibility to ensure that your use is lawful and in line with these rules. You agree that we may report any unlawful conduct to law enforcement authorities and cooperate with them, including by disclosing your identity and relevant data, in accordance with our Privacy Policy and applicable law.

Data Collection and Privacy

Your privacy and the privacy of your end-users is very important to us. By using Flowella, you acknowledge that we will collect, process, and store certain data as needed to provide the Service. The types of data we collect are limited to what is necessary for the Service’s functionality, as detailed below, and are further explained in our Privacy Policy (which is incorporated herein by reference).

Personal Data Collected from WhatsApp Interactions: When you or your end-users interact with a WhatsApp Flow through Flowella, we may collect or process basic personal data from that interaction, including:

• Phone Numbers: The WhatsApp phone number of each end-user who starts or participates in a Flow is collected and used to identify the conversation and route messages appropriately[7]. For example, we capture the user’s phone number to know where to send the next question and to log which contact completed the flow.
• WhatsApp Profile Names: We may collect the display name associated with the end-user’s WhatsApp account (the name the user has set in their WhatsApp profile) to help identify users within our dashboard or logs[8]. This helps our customers (you) see who has responded in a human-readable way.
• Chat Interactions / Structured Responses: We process the content of the user’s answers and interactions within the Flow – i.e., the structured data they provide (such as their responses to form questions, selections from buttons or menus, uploaded files, etc.). However, Flowella does not permanently store * the actual message content or form responses on our servers *[9]. The substantive information collected via the chat (e.g., survey answers, contact details, documents, etc.) is transmitted in real-time to your connected systems (like your HubSpot CRM)** and not retained in Flowella’s database[9]. This means that while Flowella facilitates the collection of, say, a name or email or survey answer from a user in WhatsApp, that information is immediately sent to the destination you configured (for example, creating a contact or form submission in HubSpot) and we do not keep a copy of the full conversation content beyond transient logs needed for delivery.

In line with our data-minimization approach, Flowella limits its storage to essential metadata: primarily phone numbers and profile names (plus timestamps, technical logs, etc.) needed to run the service[9]. We do not store WhatsApp message text, images, or attachments that your users might send through a Flow; those go directly into your integrated account (HubSpot or other) or are stored within WhatsApp’s systems. (For example, if a user uploads an ID document via a Flowella WhatsApp Flow, that file is passed to whatever endpoint you’ve configured – such as an API call to your server or a HubSpot file attachment – but Flowella does not keep that file on our servers after the immediate transfer.)

Personal Data Collected from Account Holders: If you sign up for a Flowella account (as a customer/administrator), we will collect information you provide to us directly, such as your name, business name, email address, and phone number for account registration and support purposes[10]. We also collect login credentials (like your email and password) and any communications you send to us (e.g., support requests)[11]. This information is used to manage your account, provide customer support, and send you service-related communications (for example, onboarding assistance, service updates, billing notices, etc.)[12]. We keep this account information separate from the WhatsApp end-user data; for instance, we do not pull in or access personal data from your HubSpot CRM except as needed to perform the integration actions you configure[12].

Automatically Collected Data: When you use the Flowella web application or dashboard, we may collect some technical information automatically, such as your IP address, browser type, device type, and access times. This usage and log data helps us ensure the service is secure and performing well[13]. We may also use cookies or similar technologies on our website to remember your session or preferences[14]. These are mostly functional or required cookies; any non-essential cookies would be used only with your consent (see our Privacy Policy or Cookie Policy for details). This technical data does not identify you for marketing purposes and we don’t track you across other sites[15].

Data Usage: We will use and process personal data only as necessary to provide the Service and as described in our Privacy Policy. In summary:

• WhatsApp phone numbers and profile names are used to deliver messages and run the interactive flows (ensuring the right user gets the right questions)[16].
• User-provided answers/inputs are used strictly to route that data into the systems you’ve integrated (like updating a record in HubSpot or creating a new lead)[16]. Flowella acts as a conduit and does not use that data for any other purpose[17].
• We may use aggregate or anonymized usage data (that contains no personal identifiers or content) to analyze platform performance and improve our services (e.g., tracking how many flows are run in a week, success rates, etc.), as long as it doesn’t include personal conversation content[18].
• We will comply with lawful requests for data disclosure if required (e.g., court orders), and we maintain necessary logs to detect misuse or fraud, which might include phone numbers or IP addresses, in line with legal obligations[19].

For full details on how we handle data, including any data retention, security measures, and your rights regarding personal data, please review our Privacy Policy. By using Flowella, you also agree to the practices regarding data described therein. If there is any conflict between our Privacy Policy and these Terms regarding personal data handling, the Privacy Policy will govern.

Your Responsibilities (Data Protection): If you use Flowella to collect personal data from individuals (for example, collecting customer info via a WhatsApp Flow), you are the data controller for that data, and responsible for complying with applicable data protection laws (such as GDPR in Europe or UK data protection laws). This includes having a lawful basis for processing the data, providing necessary notices to individuals, and honoring any rights those individuals may exercise (like deletion or access requests). Flowella operates as a data processor on your behalf for the limited personal data it handles (primarily facilitating the transfer of data from WhatsApp to your systems)[20]. We have designed Flowella with privacy in mind (minimal data storage and EU-based servers for our database, etc.), and we are willing to sign a Data Processing Agreement (DPA) if needed for GDPR compliance. You should ensure that any personal data you direct Flowella to handle is collected and used in compliance with the law – for instance, do not use Flowella to spam users or to collect data in a way that violates privacy regulations.

You should also inform your end-users (the contacts you message via WhatsApp) about your use of Flowella as a service provider. For example, if you have a privacy policy for your business, you might disclose that you use a third-party service to send WhatsApp messages and that their responses will be stored in your CRM. WhatsApp requires businesses to provide clear notices and obtain any necessary consent for how they use data through WhatsApp[21], and Flowella in turn expects you to comply with those requirements when using our Service.

Data Location and Transfers: Flowella’s infrastructure stores data (such as the minimal conversation metadata and your account info) on servers located in the European Union (Western Europe). If you are outside the EU, using Flowella will result in data being transferred to our servers in the EU. Conversely, using WhatsApp Business API inherently involves Meta (the provider of WhatsApp) processing data in a distributed global infrastructure. Meta may route WhatsApp messages and data through servers outside of your country or outside the EU (including in the United States or other locations)[22]. By using Flowella and WhatsApp, you acknowledge that such international data transfers will occur, and you agree to inform and obtain consent from your end-users for these transfers if required by law[22]. We implement appropriate safeguards for data we control (for example, using Standard Contractual Clauses for any EU-US transfers, etc.), as detailed in our Privacy Policy. However, Meta’s processing is subject to Meta’s terms; you should ensure that using WhatsApp for your intended purpose is permissible under applicable laws for your users’ jurisdictions.

Confidentiality and Security: We implement industry-standard security measures to protect the data processed through Flowella. This includes encryption of data in transit to WhatsApp and to integrated services, secure hosting (for example, using Supabase/AWS in Europe with encryption at rest)[23], and access controls so that only authorized personnel can access the minimal data we store[24]. Despite these measures, no service can guarantee 100% security. You are responsible for maintaining appropriate security of your own systems, accounts, and the data once it is in your control (e.g., the data stored in HubSpot or exported to your systems). If we become aware of a data breach that affects your data, we will notify you as required by law. Likewise, you agree to notify us if you discover any security vulnerabilities or incidents related to Flowella.

For any questions about data privacy or security in Flowella, or to request a DPA, please contact us at info@flowella.io.

Third-Party Services and Integrations

Flowella is designed to work alongside and integrate with third-party services, notably Meta’s WhatsApp Business API and HubSpot’s software, among others. This section describes terms and disclaimers regarding those integrations:

1. WhatsApp (Meta) Integration: Flowella uses the WhatsApp Business API to send and receive messages as part of your flows. By using the Service, you are also agreeing to comply with WhatsApp’s terms and policies, including the WhatsApp Business Terms of Service and the WhatsApp Business Messaging Policy[25]. Key points to be aware of: - Opt-In Requirement: As noted, WhatsApp requires that you only message users who have opted in. This is not just our rule, but WhatsApp’s policy. Non-compliance can result in WhatsApp (Meta) suspending or banning your business account. - Message Content and Templates: WhatsApp imposes content rules (e.g., you cannot send certain types of content like hate speech, illicit offers, etc.) and requires use of approved templates for proactive messages outside the 24-hour window[5]. You must adhere to these rules. Meta reserves the right to review and reject or ban any business that violates their policies. You agree that we are not responsible for any actions WhatsApp (Meta) takes in response to your use of their platform via Flowella (such as template rejections, rate limiting, or account bans). - Meta Account and Fees: You will need to connect your Meta WhatsApp Business Account to Flowella. This may involve logging in to Meta Business Manager and granting permissions. You acknowledge that the WhatsApp service is provided by Meta, not by Flowella, and that Meta’s WhatsApp Business Solution Terms apply to your use of the WhatsApp API. Any fees charged by Meta for WhatsApp usage (as discussed in Section 5) remain your responsibility; we merely facilitate the connection. We do not receive any portion of Meta’s messaging fees, nor are those fees covered by your Flowella subscription. - Data Sharing with WhatsApp: When Flowella sends WhatsApp messages or receives responses, that data is of course shared with Meta’s systems (since they transmit the messages). Meta will have access to certain information such as the content of the messages, phone numbers involved, and any media transmitted, in accordance with their privacy policy. Flowella cannot control Meta’s processing of that data. By using the Service, you instruct and authorize Flowella to send your content and your end-users’ content to WhatsApp’s servers for the purpose of delivering the Service. You should ensure that you have any necessary rights or consents to allow this. We advise you to familiarize yourself with WhatsApp’s own terms and data practices (e.g., end-to-end encryption is used for message delivery, but WhatsApp may process data for spam prevention, etc., and stores messages until delivered).
2. HubSpot Integration: Flowella offers deep integration with HubSpot (a third-party CRM platform). Features of this integration may include importing form definitions from HubSpot, updating contact records or submissions in HubSpot, and triggering HubSpot workflows. - HubSpot Account: To use the HubSpot integration, you must connect a valid HubSpot account to Flowella (via HubSpot’s OAuth authorization flow). This gives Flowella the ability to read your form structure (questions, field types) and to write data (e.g., create or update contacts, form submissions, or custom objects) in your HubSpot CRM according to how you configure your flows. You are responsible for maintaining your HubSpot subscription and ensuring Flowella’s access token remains valid (e.g., reauthorizing if needed). - Compliance and Data in HubSpot: HubSpot is a separate service with its own terms of service and privacy commitments. HubSpot is generally GDPR-compliant and offers data protection agreements to its customers[26]. When Flowella pushes data into HubSpot, that data becomes subject to your agreement with HubSpot and is stored in HubSpot’s system[27]. For example, if a WhatsApp user provides their email via a Flow and Flowella creates a new contact in your HubSpot database with that email, that contact data is now under your control in HubSpot. It is your responsibility to manage and protect that data in compliance with applicable laws and HubSpot’s terms. This includes honoring deletion requests, not keeping data longer than necessary, and so forth[26]. Flowella simply facilitates the transfer. We do not access or use the data in your HubSpot account for any purpose other than what you direct us to (and as necessary for support/troubleshooting if you request help)[12]. - HubSpot API Limits and Changes: The integration relies on HubSpot’s APIs. HubSpot may have API call limits or rate limits; excessive use of Flowella might be constrained by those limits (for instance, if you try to run an extremely high number of flows concurrently that create HubSpot records, you might hit HubSpot’s API limits). We are not responsible for such limits imposed by HubSpot. Also, if HubSpot changes or deprecates certain APIs or features, we will attempt to adapt, but there could be disruptions or required changes in how the integration works. We will communicate any major changes or required actions to you. - No Endorsement by HubSpot: Flowella is independently developed by Flowella Limited and is not owned or controlled by HubSpot, Inc. While we strive to maintain compatibility and may list our app on HubSpot’s marketplace, HubSpot does not guarantee the performance of our Service. Any issues arising from the Flowella integration are to be resolved by us. You agree that HubSpot isn’t liable for any problems caused by the use of Flowella.
3. Other Integrations: Flowella may support integration with other third-party services, such as Google Forms, Typeform, SurveyMonkey, email services, or others. If you choose to connect Flowella with any other third-party service: - You are responsible for having the necessary account and permissions with that service. - Any data Flowella retrieves from or sends to those services is at your direction and will be governed by your agreements with those providers. For instance, if Flowella pulls questions from a Google Form you own, or sends responses to a Google Sheet or another CRM, the data in those systems falls under your (and that provider’s) stewardship. - We are not liable for any acts or omissions of third-party services. This means if a third-party service has an outage, bug, or data breach, or if it changes functionality in a way that affects Flowella’s integration, we cannot guarantee the Service will be uninterrupted or error-free in those aspects. We will do our best to adapt to changes and to maintain integrations, but we aren’t responsible for the internal workings of services we don’t control. - Use of any third-party service via Flowella must still comply with Section 6 (Acceptable Use). If a third-party service has its own acceptable use or content rules (which they often do), you must also follow those when using them through our Service.
4. No Joint Liability: The Company (Flowella Limited) is providing you the Flowella platform and is responsible only for Flowella’s operations. We are not responsible for any third-party services you use with Flowella. Similarly, those third-party services are not responsible for Flowella. Each service (Flowella, WhatsApp, HubSpot, etc.) is governed by its own terms and is a separate relationship between you and that service provider. You should review the terms of service and privacy policies of any third-party service you integrate with our platform.
5. Third-Party Software Components: Flowella may include or rely on certain third-party software libraries or APIs (for example, for sending emails, storing data, etc.). All such components are used in compliance with their licenses. By using the Service, you agree to abide by any relevant terms of those third-party components if required. (Typically, you will not interact with these components directly, but this is a standard notice.)

In summary, while Flowella brings together various systems to work seamlessly (WhatsApp for messaging, HubSpot for CRM, etc.), each system has its boundaries of responsibility. We want to be clear that you must follow the rules of those systems and that our liability is limited to our own Service as detailed in these Terms.

Intellectual Property Rights

Flowella Platform IP: All rights, title, and interest in and to the Flowella Service and all associated software, technology, algorithms, content, and materials (including but not limited to the Flowella website, dashboard, underlying source code, databases, logos, trademarks, graphics, and documentation) are and will remain the exclusive property of Flowella Limited and its licensors. The Service is protected by intellectual property laws and treaties. We only grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service pursuant to these Terms. You are not granted any ownership of any portion of the Service. You agree not to copy, modify, distribute, sell, or lease any part of the Service or included software, nor to reverse engineer or attempt to extract the source code of that software, except to the extent that such restriction is expressly prohibited by applicable law (in which case, you shall notify us before undertaking any reverse engineering).

You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or affixed to the Service, the website, or any reports or output from the Service. For example, if the Service displays a “Powered by Flowella” attribution (such as on the free trial flows), you should not remove or hide it (attempting to do so would violate this license). Paid plans may remove Flowella branding as allowed, but you still may not claim our software as your own.

Your Content and Data: You retain all rights to the content and data you (or your end-users) input into Flowella. For clarity, this means you own the content of your forms, the text of the questions you configure, the branding or images you upload to use in messages, and the responses provided by your end-users. Flowella does not claim ownership over your business’s data or your users’ data. However, by using the Service, you grant us a license to process and transmit your content and data as necessary to provide the Service to you. This includes, for example, the right to use your configured questions to generate the WhatsApp flow, the right to send your messages and questions to your end-users on WhatsApp, and the right to process the responses and send them to HubSpot or other integrations as directed. This license is worldwide, revocable (when you delete data or terminate the service, we stop processing it except as needed for backups/legal reasons), and for the sole purpose of operating and improving the Service. We do not have the right to use your content for our own marketing or to sell your data.

You represent and warrant that you have all necessary rights to upload or transmit the content you use in Flowella, and that such content does not infringe any third-party rights. For example, if you are using a list of customer phone numbers, you warrant that you have the right (and consent) to contact those numbers. If you upload any media or text, you warrant it does not violate copyright, trademark, or other laws. We will not be responsible if you use content without proper rights – that responsibility falls on you, and you agree to indemnify us for any third-party claims as set forth in Section 12.

Feedback: If you send us any suggestions, enhancement requests, or other feedback about Flowella, you agree that we are free to use and implement that feedback without restriction or compensation to you. Feedback is entirely voluntary, and we may use it to improve the Service, develop new features, or in any other way. You grant us a worldwide, perpetual, irrevocable license to use any feedback you provide for any purpose.

Third-Party IP: The Service may allow you to use or display certain third-party names, logos, or content (for example, you might incorporate a HubSpot logo in an integration screen, or reference WhatsApp in your communications). All third-party names and logos (like “WhatsApp”, “Meta”, “HubSpot”) are trademarks of their respective owners. Nothing in these Terms grants either party any rights to the other’s trademarks or intellectual property, except that we grant you the limited right to use the Flowella name and logo as needed to identify or use the Service (e.g., in your account interface or settings). Any rights not expressly granted in these Terms are reserved by the Company.

Termination and Suspension

By the User: You may stop using Flowella at any time. If you wish to terminate your account, you can do so through the account settings (if available) or by contacting us at info@flowella.io with a request to close your account. If you terminate a paid subscription, the termination will be effective at the end of your current billing period (unless we agree to an earlier termination). You are responsible for downloading or exporting any data you need from the Service prior to termination. After termination, you will lose access to the Service and any data stored on the platform (with the exception of data we have transmitted to your integrated systems like HubSpot, which will remain in those systems).

By the Company: We reserve the right to suspend or terminate your access to Flowella (in whole or in part) under the following circumstances: - Breach of Terms: If you violate any provision of these Terms (including the Acceptable Use Policy or payment obligations), we may suspend your account immediately and, if the issue is not promptly remedied, terminate your account. In some cases of severe or blatant violations (e.g., using the Service for illegal activities, sending dangerous content, or causing harm to our systems or reputation), we may terminate or suspend your access without prior notice. We will attempt to notify you of the reason for suspension or termination, unless legally prohibited or if the circumstances warrant immediate action. - End of Trial / Non-Payment: As described in Sections 4 and 5, if your free trial ends or if you fail to pay for the Service when required, we may downgrade, suspend or terminate your access. For non-payment, we will typically provide a grace period or a notice to allow you to update your payment method, but if payment isn’t received, your account may be deactivated. Data or configurations associated with a terminated account due to non-payment may be deleted after a certain retention period, so please ensure to save anything you need. - Inactive Accounts: We reserve the right to terminate free accounts that have been inactive for an extended period (for example, 6 months of non-use) to conserve resources. We will endeavour to warn you by email before terminating an inactive account, giving you the chance to log in and keep it active. - Legal Requirement or Risk Mitigation: If we are required by law to terminate your account (e.g., due to sanctions, court orders, or unlawful conduct), or if providing the Service to you has become impractical or impossible due to legal or regulatory reasons, we may terminate. Similarly, if your use of Flowella is the subject of an investigation or we determine that it poses a significant risk to us or others (for example, if you are under investigation for fraudulent activity), we may suspend during such investigation and possibly terminate if warranted.

Effect of Termination: Upon termination of your account, whether by you or us: - Your right to access or use Flowella immediately ceases. You must stop using the Service and any software provided as part of the Service. - We will disable your account and you may lose access to configurations or data within Flowella’s interface. However, any data already delivered to your integrated systems (like HubSpot records or messages delivered to WhatsApp) will remain in those external systems. We do not automatically delete data from your HubSpot or other integrations; you must manage that as needed. - We may delete or anonymize the data associated with your account that resides on our servers, in accordance with our data retention policies and as permitted by law. As noted, we primarily store metadata (phone numbers, etc.) and your account info; we typically will remove personal data after account deletion, except for any we are required to keep for legal compliance or legitimate business purposes (e.g., payment records, logs for security). - If termination is due to your breach of these Terms, we reserve the right to refuse your attempt to re-register or to use the Service in the future. We may also notify WhatsApp or other relevant parties (like HubSpot) of serious violations, especially if they involve misuse of those platforms. - Any license granted to you to use our software or intellectual property ends. You must destroy any copies of our software in your possession (if any) and remove any of our confidential information from your systems.

Survival: The termination of your account will not affect provisions of these Terms that by their nature are intended to survive, including but not limited to: fees owed (Sections 4–5, to the extent any are due), Acceptable Use (Section 6, as it relates to pre-termination conduct), Data & Privacy (Section 8), Intellectual Property (Section 10), Disclaimers (Section 11), Limitation of Liability (Section 11), Indemnification (Section 12), Governing Law & Dispute Resolution (Section 13), and Miscellaneous (Section 14).

Retrieval of Data: If applicable, we may provide you with an opportunity to retrieve any remaining data from our Service after termination (for instance, exporting a list of phone numbers that engaged, etc.), but we do not guarantee this, especially for free accounts. It is recommended that you regularly back up any important information.

We aim to act fairly and give notice when terminating accounts. If you believe your account was terminated or suspended in error, please contact us at info@flowella.io to discuss the issue. However, please note that if termination was due to a serious violation (like abuse or illegal activity), our decision may be final.

Disclaimers of Warranties

Service Provided “AS IS”: Flowella is provided on an “as is” and “as available” basis. While we strive to maintain a high-quality and reliable service, we expressly disclaim all warranties and representations of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your specific requirements or that it will achieve any particular results (such as a certain response rate or lead volume), nor that it will be error-free or uninterrupted.

No Guarantee of Uptime or Error-Free Operation: We do not guarantee that the Service will always be available or that it will be free of errors, bugs, or harmful components. There may be occasional downtime for maintenance or due to unforeseen technical issues. We will try to schedule maintenance during off-peak hours and give advance notice when possible, but we make no warranty as to the continuous availability of the Service. Additionally, we do not warrant that any errors or defects will be corrected promptly. You assume all risk for any damage to your computer system or loss of data that results from using the Service or downloading any material from the Service.

External Services: We make no warranty regarding any third-party services or integrations (such as WhatsApp or HubSpot) that you use in conjunction with Flowella. We do not guarantee that the third-party services will function without disruption or that they will continue to be compatible with our Service. Any information or advice obtained from us (for example, best practices for WhatsApp use) does not constitute any warranty not expressly stated in these Terms.

Beta Features: From time to time, we may offer access to beta or experimental features or services. Those are provided “as is” without any warranty whatsoever and may be even more prone to issues. We’ll identify any beta features and any additional terms that apply to them, but generally, use beta features at your own risk and understand they might change or be discontinued.

No Warranties on Data Delivery or Security: While we employ robust measures to deliver messages and secure data, we cannot guarantee that: - Messages sent via Flowella will always reach the intended recipient or that delivery will be instantaneous. Delivery can depend on WhatsApp’s systems, the recipient’s phone being online, and other factors outside our control. We disclaim any warranty that communications through the Service will actually be received or read by the intended recipients. - Your data will never be subject to unauthorized access or disclosure. Although we take security seriously, no system is foolproof. We thus cannot warrant absolute security of the Service or your data, and we will not be liable for breaches beyond our reasonable control.

Implied Warranties: In certain jurisdictions, the law might not allow the disclaimer of certain warranties. To the extent that such laws apply to you, some of the disclaimers above may not apply. In that case, our warranties will be limited to the minimum warranty period or scope allowed by such law.

In summary, you use Flowella at your own risk. It is a tool to help with WhatsApp form flows, but the success and performance of your use depend on many factors, and we provide no guarantees except to deliver the service as described, subject to these Terms.

Limitation of Liability

No Indirect Damages: To the maximum extent permitted by law, in no event will Flowella Limited (and our directors, officers, employees, agents, partners, and affiliates) be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Service or these Terms. This includes, without limitation, any damages for lost profits, lost revenues, lost opportunities, business interruption, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. For example, we will not be liable if using Flowella does not yield the results you expected, or if a downtime or error in the Service causes you to lose business or reputation, or if a data issue causes you to incur regulatory fines (you are responsible for compliance as noted).

Cap on Liability: To the extent permitted by applicable law, our total cumulative liability arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability. If you are on a free trial or free plan and have paid us no fees, our total liability shall not exceed US $100 (or the equivalent in local currency). This cap on liability is an aggregate limit for all claims, meaning it applies to all claims combined, not per claim.

Third-Party Liability: We have no liability for any claims, losses, or damages arising out of or relating to third-party services or products that you access or use in connection with Flowella (such as WhatsApp, HubSpot, or any other integrated service). Those providers will be responsible according to their own terms. For instance, if WhatsApp’s network fails or if HubSpot has a bug that misplaces data, you must address those issues with those providers; we are not responsible for their failures. Likewise, any disputes between you and your end-users (for example, if an end-user claims you contacted them without consent, or if they take issue with your use of their data) are strictly between you and that user. We are not liable for the content of messages you send or data you collect; you bear full responsibility for your usage of the Service and its outcomes.

Exceptions: Nothing in these Terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, (b) our fraud or fraudulent misrepresentation, or (c) any other liability that cannot be limited or excluded by law. Additionally, some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you fully. In such cases, where a particular type of liability cannot be excluded by law, the limitations and exclusions shall still apply to the fullest extent permitted, and our liability will be limited to the smallest amount allowed by law.

Release: To the extent not prohibited by law, you agree that you release us from any and all liability or responsibility for any issues beyond the direct control of Flowella. For example, if a template message is delayed or blocked by WhatsApp, or if a security breach occurs in HubSpot’s systems affecting data that was transmitted from Flowella, you agree that you will not hold us responsible for those outcomes.

You acknowledge and agree that the allocation of risk and liability in these Terms is a fundamental part of the bargain between you and us, and that without such limitations the fees for the Service (or availability of a free trial) would be significantly different. The limitations in this Section shall apply even if any limited remedy fails of its essential purpose.

Indemnification

You agree to indemnify, defend, and hold harmless Flowella Limited, its affiliates, and their respective officers, directors, employees, and agents (the " Indemnified Parties ") from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) arising out of or related to any third-party claims resulting from:

• Your breach of these Terms: If you violate any provision of these Terms (including the Acceptable Use Policy or any representation/warranty you make herein), and that violation results in a claim against us by a third party (for example, WhatsApp or a user or government agency), you will indemnify us for the consequences.
• Your Content or Data: Any content or data you or your end-users submit, transmit, or process through Flowella. This includes, for instance, claims that you didn’t have the right to use a piece of content (like a copyrighted image in a message), or that you violated someone’s privacy rights or data protection law by collecting or sharing their data improperly, or that the substance of your messages to an end-user was defamatory or illegal. Since you are the one deciding what content to send and what data to collect via the Service, you agree to take responsibility for it in the event of a dispute.
• Your use of the Service: Any activity in connection with your account, including any actions taken by your employees, contractors, or agents (or anyone using your account credentials). For example, if you or someone using your account uses Flowella to spam users or engage in illegal conduct, and that leads to a lawsuit, fine, or investigation, you will cover all costs incurred by the Indemnified Parties as a result.
• Your violation of any law or third-party rights: This is a broad catch-all for anything not covered above. If your use of Flowella violates a law (e.g., you send messages in violation of telemarketing regulations, or you export data to a country in violation of export controls) or infringes someone’s rights (e.g., intellectual property, privacy, publicity, etc.), and a third party (including a government entity) targets us for it, you will defend and indemnify us.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations). In that case, you agree to cooperate with our defence of those claims as reasonably requested. You may not settle any claim that implicates any Indemnified Party or imposes any obligation on us without our prior written consent.

Your indemnification obligations will survive any termination of your account or of the Service. We will promptly notify you of any claim for which we seek indemnification (provided that any delay in notification will not waive our rights except to the extent you are materially prejudiced by such delay).

Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. If you are using the Service as a consumer in the UK or EU, you may also have certain consumer protection rights under the laws of your country of residence, which might allow you to bring claims under those laws in certain situations. However, to the fullest extent permitted, the law of England and Wales will apply.

Jurisdiction: You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter. Notwithstanding the foregoing, we reserve the right to seek injunctive or equitable relief in any jurisdiction if necessary to protect our intellectual property or confidential information. Additionally, if you are a consumer (not a business user) in the European Union, you may be entitled to resolve disputes in your local courts or via an EU online dispute resolution platform; however, as Flowella is primarily a B2B service, we proceed under the assumption of English jurisdiction.

Attorneys’ Fees: In any legal action or proceeding to enforce these Terms, the prevailing party will be entitled to recover its reasonable attorneys’ fees and other costs incurred in that action or proceeding from the other party.

Time Limit to Bring Claims: To the extent permitted by law, any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. (This does not apply to consumers in jurisdictions where such time limits cannot be imposed.)

We encourage you to contact us first to attempt to resolve any concern or dispute amicably before resorting to litigation. Most issues can be resolved through our support team.

Changes to These Terms

We may revise or update these Terms of Service from time to time. If we make material changes, we will give you notice by posting the updated Terms on our website and/or by sending you an email or in-app notification. The notice will designate a reasonable advance effective date for the new terms. If you do not agree to the revised Terms, you must stop using the Service before the effective date. By continuing to use the Service after the new Terms take effect, you agree to be bound by the revised Terms.

For non-material changes (such as clarifications or corrections), we may not provide dedicated notice, so we encourage you to review these Terms periodically to stay informed. The “Last Updated” date at the top will reflect the latest revision.

No modification or amendment to these Terms by you will be binding on us unless agreed in writing and signed by an authorized representative of Flowella Limited.

Miscellaneous

Entire Agreement: These Terms (together with any Order Forms, the Privacy Policy, and any applicable DPA or addenda that are explicitly agreed between you and us) constitute the entire agreement between you and the Company regarding the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You acknowledge that you have not relied on any statement, promise, or representation not expressly set out in these Terms.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. In other words, the invalid part will be modified or struck, but the rest of the Terms will remain in effect.

Waiver: No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Any waiver of rights on one occasion does not imply a waiver on any other occasion. To be effective, any waiver of any provision of these Terms must be made in writing and signed by the party against whom the waiver is asserted.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets related to the Service. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of the Parties: The relationship between you and us is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. You do not have any authority to make or accept any offers or representations on our behalf.

No Third-Party Beneficiaries: Except for the Indemnified Parties (where our affiliates, officers, etc., can benefit from the indemnification clause), there are no third-party beneficiaries to these Terms. This means no one other than you and us (and permitted assignees) has any rights under these Terms.

Force Majeure: We shall not be liable for any failure or delay in our performance under these Terms (including providing access to the Service) due to any cause beyond our reasonable control, such as war, acts of terrorism, natural disasters, power outages, internet or telecommunications failures, pandemic, governmental action, or other force majeure events. In such an event, we will use reasonable efforts to resume service as soon as practicable.

Notices: We may provide notices to you under these Terms by email to the address associated with your account, by written communication sent to your address on record (if provided), or by postings within the Service or on our website. You must ensure your contact information is current. You may send notices to us by email at info@flowella.io or by mail to our registered business address provided below (Attn: Flowella Legal). Email notices are deemed received 24 hours after they are sent, unless the sender is notified that the email address is invalid. Postal notices are deemed received 5 business days after mailing if international, or 2 business days if sent within the same country.