1. General Provisions
These Terms of Use (hereinafter — "Terms", "Agreement") govern the relationship between FOP Serozhym Yevhen Oleksandrovych, TIN: 3376509759 (hereinafter — "Provider", "We") and any individual or legal entity (hereinafter — "User", "You") who accesses the Flowcot platform at flowcot.com (hereinafter — "Service").
The agreement is concluded by accepting this offer — registering on the website or beginning to use the Service. From the moment of acceptance, the Terms come into force and are binding on both parties.
2. Service Description
Flowcot is a SaaS platform for automating loyalty programs and gamification for businesses. The Service provides:
- ready-made loyalty program infrastructure with points accrual and levels;
- gamification tools: achievements, tasks, rewards;
- API integration with CRM systems, POS systems, and mobile apps;
- administrative panel for managing participants and analytics;
- support for multi-language and multi-currency scenarios.
The Provider reserves the right to modify, expand, or limit the functionality of the Service with prior notice to Users.
3. Registration and Account
3.1. Trial Period
Upon registration, the User receives free access to the full functionality of the Service for 7 (seven) calendar days. After the trial period, access is provided only on the terms of a paid subscription. A second trial period is not available.
3.2. Registration Requirements
To access the Service, you must create an account. You agree to:
- provide accurate, current, and complete information during registration;
- keep your information up to date;
- not share account credentials with third parties;
- immediately notify us of any unauthorized access to your account.
3.3. Account Responsibility
You bear full responsibility for all actions performed under your account. The Provider is not liable for damages caused by unauthorized use of your account due to your negligence.
4. Payment Terms and Plans
4.1. Pricing Plans
The Service is provided on a subscription basis in accordance with the current pricing plans published on flowcot.com. The Provider reserves the right to change pricing with at least 14 (fourteen) days' notice. If you disagree with new pricing, you have the right to terminate the agreement before the changes take effect.
4.2. Payment Procedure
Payment is made in advance — for the billing period (monthly or annually) in accordance with the selected plan. The basis for payment is an invoice generated in your account or an online payment link.
4.3. Late Payment and Suspension
In the event of late payment:
- after 14 (fourteen) calendar days from the end of the paid period, the Provider may suspend access to the Service;
- after 60 (sixty) calendar days from suspension, the Provider may permanently delete the account, all loyalty program data, and the customer database without the possibility of recovery, without additional notice.
The User acknowledges that deleted data cannot be recovered and is responsible for preserving important data before the potential deletion date.
4.4. Refunds
The Provider does not issue refunds for prepaid amounts, except as required by applicable law or a separate written agreement. Upon cancellation of a subscription, access to the Service is retained until the end of the paid billing period.
5. Rights and Obligations of the Parties
5.1. User Obligations
The User agrees to:
- use the Service exclusively for lawful purposes and in accordance with these Terms;
- not attempt to gain unauthorized access to the Provider's systems or other users;
- not reverse engineer, decompile, or copy the Service software;
- not use the Service to distribute malware or spam;
- pay the subscription fee on time in accordance with the selected plan.
5.2. Provider Obligations
The Provider agrees to:
- maintain Service availability in accordance with the SLA level specified in the pricing plan;
- provide technical support in accordance with the terms of the selected plan;
- notify the User of planned maintenance in advance;
- maintain the confidentiality of User data in accordance with the Privacy Policy.
6. Term and Termination
6.1. Term
The agreement comes into force from the moment of acceptance and continues indefinitely until terminated by either party.
6.2. Termination by User
The User may terminate the agreement at any time by canceling the subscription through their account or by sending a request to info@flowcot.com. Access is retained until the end of the paid billing period. Prepaid amounts are not refunded.
6.3. Termination by Provider
The Provider may terminate the agreement and suspend access without prior notice in the event of:
- User violation of these Terms;
- suspected fraudulent or illegal activity;
- payment overdue by more than 60 (sixty) calendar days;
- request by government authorities.
6.4. Data Deletion After Termination
After termination for any reason, the account and User data are retained for 30 (thirty) calendar days. During this time, the User may request an export of their data by contacting info@flowcot.com. After the 30-day period, all data is permanently deleted without the possibility of recovery.
7. Intellectual Property
All rights to the Service, including software, design, logos, trademarks, documentation, and API, belong to the Provider or its licensors and are protected by intellectual property law.
These Terms do not grant the User any rights to the Provider's intellectual property, other than a limited non-exclusive right to use the Service within the scope provided by these Terms.
Data entered by the User into the Service remains the User's property. The Provider is granted the right to use such data solely for the purpose of providing the Service.
8. Privacy and Data Protection
The collection, processing, and storage of personal data is governed by the Flowcot Privacy Policy, which is an integral part of these Terms.
By using the Service, you agree to the processing of your personal data and confirm that you have all necessary rights to transfer to the Provider the data of participants in your loyalty program.
9. Limitation of Liability
The Service is provided "as is". The Provider is not liable for:
- indirect, incidental, or unforeseeable losses of the User;
- losses caused by third-party actions or force majeure;
- temporary Service unavailability due to circumstances beyond the Provider's control;
- data loss resulting from the User's own actions.
The Provider's total liability shall not exceed the amount paid by the User for the Service during the preceding 3 (three) months.
10. Changes to Terms
The Provider reserves the right to amend these Terms. For significant changes, the Provider will notify Users by email or through the administrative panel at least 14 (fourteen) days before the changes take effect. Continued use of the Service constitutes acceptance of the new version.
11. Governing Law and Dispute Resolution
These Terms are governed by applicable law. All disputes shall be resolved through negotiation. If no agreement is reached within 30 (thirty) days, the dispute shall be submitted to the competent court at the Provider's location.
12. Contact Information
For questions related to these Terms, please contact:
- Email: info@flowcot.com
- Website: flowcot.com