Terms of Service

1. The Service

Flowchester applies block rules to HubSpot contact creations. When HubSpot notifies us that a new contact has been created in a portal where the app is installed, we evaluate that contact against the rules you have configured and, if a rule matches, delete the contact in HubSpot and log the decision for your review. The Service is provided on a subscription basis.

2. Eligibility and account

• You must be at least 18 years old and able to form a binding contract under your local law.
• If you are using the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and “Customer” refers to that organisation.
• You are responsible for keeping your HubSpot portal credentials and any user accounts used to access the dashboard secure. Notify us at support@flowchester.com promptly on any suspected unauthorised access.

3. Subscription, pricing, and billing

• Current published pricing is €29 per month for the Starter plan and €99 per month for the Pro plan, each on a per-HubSpot-portal basis. Prices are exclusive of applicable VAT.
• Subscriptions are billed monthly in advance by Stripe, renew automatically, and can be cancelled at any time from the Stripe-hosted billing portal we link to inside the dashboard.
• If payment fails, we will retry automatically via Stripe. If we cannot collect payment within 14 days of the due date, we may suspend the Service until the outstanding balance is paid.
• Because Flowchester is a digital service provided on your request with immediate effect, the statutory right of withdrawal for distance contracts under French law does not apply once the Service has begun to be performed (Code de la consommation, art. L. 221-28 13°). You may still cancel the subscription at any time for future billing periods.
• We may change pricing; changes apply only to renewal periods starting at least 30 days after we notify you by email or in the dashboard.

4. HubSpot integration

The Service depends on HubSpot. You must maintain an active HubSpot Marketing Hub subscription and grant the OAuth scopes the app requests. Your use of HubSpot itself is governed by your agreement with HubSpot, Inc., and we have no control over HubSpot availability, pricing, or policy. If HubSpot revokes our access, suspends our app, or deprecates an API we rely on, the Service may be degraded or unavailable through no fault of ours.

5. Customer data and processor role

You retain all rights to any contact data, rules, or configuration you route through the Service (“Customer Data”). We process Customer Data only to operate the Service on your behalf, in line with your configuration and our Privacy Policy. We act as your data processor for that processing; a Data Processing Agreement based on the European Commission's Standard Contractual Clauses is available on request and, if executed, forms part of these Terms.

You represent that you have a lawful basis to instruct us to process each category of Customer Data and that your instructions do not violate HubSpot's terms or applicable law.

6. Acceptable use

You agree not to:

• use the Service to delete contacts you do not have the right to delete, or to circumvent consent management in violation of GDPR, ePrivacy, or equivalent law;
• reverse-engineer, decompile, or attempt to derive the source code of the Service except as expressly permitted by mandatory law;
• run load tests, vulnerability scans, or penetration tests against the Service without our prior written consent;
• resell, sublicense, or offer the Service as a service to third parties without a written partnership agreement with us;
• submit content that is unlawful, infringing, or that contains malware or harmful code.

We may investigate suspected breaches of this section and, if we confirm a breach, suspend the Service and/or terminate these Terms under section 10.

7. Intellectual property

We retain all rights, title, and interest in the Service, the Flowchester brand, and the software. We grant you a non-exclusive, non-transferable, revocable licence to use the Service during your subscription and in accordance with these Terms. Nothing in these Terms transfers any intellectual-property right to you beyond that licence.

If you send us feedback, feature ideas, or bug reports, you grant us a perpetual, royalty-free licence to use them, without obligation to compensate you.

8. Warranties and disclaimer

We warrant that we will provide the Service with reasonable skill and care and take commercially reasonable measures to maintain its availability. Because the Service depends on third parties (HubSpot, Stripe, AWS, Google) that are outside our control, we do not guarantee specific uptime unless explicitly set out in a written order form or SLA attached to these Terms.

Beyond that express warranty, the Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, non-infringement, and any warranty that use of the Service will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, consequential, special, incidental, or punitive damages, lost profits, lost revenue, or loss of goodwill, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of €500 or the total fees you paid us in the twelve (12) months preceding the event giving rise to the claim. Nothing in this section excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, for fraud, or for willful misconduct.

10. Suspension and termination

• You may cancel your subscription at any time from the Stripe billing portal. Cancellation takes effect at the end of the current billing period; we do not refund pro-rata unused days unless required by law.
• We may suspend or terminate your access if you materially breach these Terms and (where the breach is capable of remedy) fail to cure it within 14 days of our written notice, or immediately if your use of the Service poses a security or legal risk to us or other customers.
• Either party may terminate these Terms on 30 days' written notice if the other becomes insolvent, enters administration, or ceases business.
• On termination, your licence to use the Service ends. Decision-log data remains available through the dashboard for 7 days so you can export it; after that it is deleted. Uninstalling the app from HubSpot also immediately removes our OAuth access.

11. Changes to these Terms

We may amend these Terms. Non-material changes (wording, clarifications) take effect on publication. Material changes (fees, liability, processor roles) take effect 30 days after we post the updated Terms on this page and notify account holders by email. If you object to a material change, your sole remedy is to cancel the subscription before the change takes effect.

12. Force majeure

Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including internet or hosting-provider outages, strikes, labour disputes, governmental action, war, terrorism, epidemic, or natural disasters, provided the affected party uses reasonable efforts to mitigate the impact.

13. Governing law and venue

These Terms are governed by French law, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms is subject to the exclusive jurisdiction of the competent courts of Paris, France, except where mandatory consumer-protection rules grant a consumer a choice of a different forum.

14. Miscellaneous

• Entire agreement — these Terms, the Privacy Policy, and any executed Data Processing Agreement together form the entire agreement between the parties for the Service and supersede prior understandings.
• Severability — if any provision is found unenforceable, the remainder remains in effect and the unenforceable provision is replaced by a valid provision that best reflects the parties' original intent.
• No waiver — failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment — you may not assign these Terms without our prior written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or asset sale.
• Notices — written notices to us go to support@flowchester.com. Notices to you go to the email address on your account.

15. Contact

Contracting questions or notices — support@flowchester.com. For privacy questions, see the Privacy Policy.