Welcome to Notiflows ("Notiflows," "we," "us," or "our"). Notiflows provides a notification infrastructure platform that enables developers to manage and send multi-channel notifications to their users (the "Service"). These Terms of Service ("Terms") govern your access to and use of our Service, including our website at notiflows.com (the "Website").
By accessing or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Acceptance of Terms
By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
2. Description of Service
Notiflows provides an API and dashboard for managing and delivering notifications across multiple channels, including but not limited to email, SMS, push notifications, and in-app messaging. The Service allows you to configure notification workflows, manage user preferences, and track notification delivery and engagement.
No Delivery Guarantee. While we strive for reliable delivery, we do not and cannot guarantee that any notification will be successfully delivered to its intended recipient. Notification delivery depends on third-party providers, recipient email servers, spam filters, mobile carriers, device settings, push notification tokens, and other factors outside our control. You acknowledge that notifications may be delayed, filtered, blocked, or undelivered for reasons beyond our control.
Service Modifications. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without liability.
3. Account Registration
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you are at least 18 years of age.
4. Fees and Payment
Certain features of the Service may be offered on a subscription basis or with usage-based pricing. Current pricing is available on our Website. You agree to pay all fees associated with your use of the Service in accordance with the pricing and payment terms in effect at the time of purchase.
Payment processing is handled by third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees incurred. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
We reserve the right to change our pricing upon reasonable notice. Price changes will take effect at the start of the next billing cycle following the notice.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to send unsolicited communications (spam) or violate any applicable anti-spam laws
- Use the Service to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Attempt to gain unauthorized access to any part of the Service or other accounts, systems, or networks
- Use the Service to collect or harvest personal information of others without their consent
- Reverse engineer, decompile, or disassemble any part of the Service
Your Compliance Responsibility. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to anti-spam laws (such as CAN-SPAM, CASL, and GDPR), data protection laws, and any industry-specific regulations. You are responsible for obtaining all necessary consents from your end users before sending them notifications through the Service. Notiflows is not responsible for your compliance obligations or any penalties resulting from your failure to comply with applicable laws.
6. Your Content
You retain ownership of any content, data, or materials you submit through the Service ("Your Content"). By using the Service, you grant us a limited license to use, process, and transmit Your Content solely as necessary to provide the Service to you.
You are solely responsible for Your Content and for ensuring that you have all necessary rights and permissions to use and transmit Your Content through the Service. You represent and warrant that Your Content does not violate any applicable law or the rights of any third party.
7. Intellectual Property
The Service, including all content, features, and functionality, is owned by Notiflows and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
The Notiflows name, logo, and all related names, logos, and product names are trademarks of Notiflows. You may not use these marks without our prior written permission.
8. Third-Party Services
The Service may integrate with or provide access to third-party services, websites, or applications. We do not control and are not responsible for such third-party services. Your use of third-party services is subject to their respective terms and privacy policies.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use the Service at your own risk.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Notiflows shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service.
Our total liability for any claims arising under these Terms shall not exceed the total amount you actually paid us in the twelve (12) months preceding the claim. If you have not paid us any fees, our total liability shall be zero.
Some jurisdictions do not allow limitations on implied warranties or liability for certain damages. If these laws apply to you, some or all of the above limitations may not apply.
11. Indemnification
You agree to indemnify, defend, and hold harmless Notiflows and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
12. Termination
You may terminate your account at any time by contacting us or through your account settings. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.
Upon termination, your right to use the Service will immediately cease. We may delete Your Content and account data after a reasonable period following termination. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and governing law.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Warsaw, Poland.
If you are a consumer residing in the European Union, you may also be entitled to invoke any mandatory consumer protection provisions of the law of your country of residence, and you may bring legal proceedings in the courts of that country.
14. General Provisions
Force Majeure
Notiflows shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, failures of third-party service providers (including but not limited to cloud hosting providers, email delivery services, SMS carriers, and push notification services), cyberattacks, or any other cause beyond our reasonable control.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Notiflows regarding the Service and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Notiflows
Email: legal@notiflows.com
Website: notiflows.com
Location: Warsaw, Poland