Terms of Service

Welcome to Flowpoint Analytics ("Flowpoint", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, web analytics platform, AI-powered dashboard features, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Please read these Terms carefully before using our Service. These Terms apply to all visitors, users, and others who access or use the Service.

1. Services

Flowpoint provides a software-as-a-service (SaaS) web analytics platform with AI-powered dashboard creation capabilities. The Service enables users to track, analyze, and understand user behavior on their websites and web applications through a comprehensive suite of analytics tools.

Our platform includes, but is not limited to, the following capabilities:

• Real-time and historical web analytics, including page views, user sessions, click tracking, and conversion funnels.
• An AI-powered chat interface that allows users to create custom dashboards and reports by describing them in natural language. Users can request specific visualizations, metrics, and layouts, and the AI will generate interactive dashboard components accordingly.
• Pre-built analytics dashboards and reporting templates for common use cases.
• Data collection via a lightweight JavaScript tracking script installed on your website.
• Custom event tracking, performance monitoring, and audience segmentation.

1.1 Subscription Plans

Flowpoint offers the following subscription plans, each subject to the session limits and pricing described below:

• Free Trial: 7-day trial period with up to 1,000 sessions. No credit card required.
• 10K Plan: Up to 10,000 sessions per month for $5/month.
• 50K Plan: Up to 50,000 sessions per month for $25/month.
• 100K Plan: Up to 100,000 sessions per month for $50/month.
• 500K Plan: Up to 500,000 sessions per month for $125/month.
• 1M Plan: Up to 1,000,000 sessions per month for $150/month.
• 5M Plan: Up to 5,000,000 sessions per month for $200/month.
• 10M Plan: Up to 10,000,000 sessions per month for $250/month.
• Enterprise: Custom pricing and session limits tailored to your organization's needs. Contact us for details.

Session limits, features, and pricing are subject to change. We will provide reasonable notice of any changes to your current plan. The most current pricing information is always available on our pricing page.

2. Use of the Product

By using the Service, you represent and warrant that:

• All information you provide to Flowpoint is true, accurate, current, and complete.
• You will use the Service only for legitimate business purposes and in accordance with these Terms and all applicable laws and regulations.
• Your access to the Service has not been previously suspended or terminated by Flowpoint for any reason.
• You are not a direct competitor of Flowpoint, and you will not access the Service for purposes of monitoring its availability, performance, functionality, or for any other benchmarking or competitive purposes.
• You have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.
• If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms.

3. Account Registration

To access and use the Service, you must register for an account. You may register using your email address. Upon registration, we will send you a one-time password (OTP) for email verification. You must complete the verification process before you can fully access the Service.

3.1 Eligibility

You must be at least 18 years of age to create an account and use the Service. By registering, you represent and warrant that you are at least 18 years of age and that all registration information you provide is truthful and accurate.

3.2 Trial Period

New accounts are granted a 7-day free trial with up to 1,000 sessions. No credit card is required for the trial. During the trial period, you will have access to all platform features. At the end of the trial period, you must select and subscribe to a paid plan to continue using the Service. If you do not subscribe to a paid plan, your access to the Service may be restricted or suspended.

3.3 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials, including your email and any authentication tokens. You agree to notify Flowpoint immediately of any unauthorized use of your account or any other breach of security. Flowpoint will not be liable for any loss or damage arising from your failure to comply with this section.

4. Fees, Payment, and Refunds

4.1 Basis of Service

The Service is provided on an "as is" basis, and all fees are charged according to the subscription plan you select. Subscription fees are billed on a recurring monthly basis unless otherwise agreed upon.

4.2 Subscription Plans

The following subscription plans are available:

• Free Trial: 7 days, up to 1,000 sessions, no credit card required.
• 10K: $5 per month (up to 10,000 sessions).
• 50K: $25 per month (up to 50,000 sessions).
• 100K: $50 per month (up to 100,000 sessions).
• 500K: $125 per month (up to 500,000 sessions).
• 1M: $150 per month (up to 1,000,000 sessions).
• 5M: $200 per month (up to 5,000,000 sessions).
• 10M: $250 per month (up to 10,000,000 sessions).
• Enterprise: Custom pricing. Contact us for details.

4.3 Refund Policy

If the Service experiences downtime exceeding 24 consecutive hours, you may be eligible for a pro-rata refund for the affected period. To request a refund, you must submit your request within 7 days of the downtime event by contacting us at office@flowpoint.ai. Refund requests submitted after the 7-day window will not be honored. Refunds are issued at Flowpoint's sole discretion and will be calculated based on the duration of the downtime relative to your billing period.

4.4 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By subscribing to a paid plan, you agree to Stripe's terms of service and authorize Flowpoint to charge your selected payment method on a recurring basis. You are responsible for keeping your payment information up to date.

5. Data Collection and Storage

To provide the Service, Flowpoint collects and processes various types of data from your website visitors through our tracking script. The following categories of data may be collected:

• Page views: URLs visited, page titles, referrer information, and navigation paths.
• Click tracking: User interactions with links, buttons, and other interactive elements on your website.
• Session data: Session duration, session identifiers, bounce rates, and engagement metrics.
• Device information: Browser type and version, operating system, screen resolution, and device type (desktop/mobile/tablet).
• Geographic data: Approximate location derived from IP address, including country, region, and city. IP addresses are anonymized and not stored in their raw form.
• UTM parameters: Campaign source, medium, campaign name, term, and content parameters from URL query strings.
• Custom events: Any custom events you configure through our API or tracking script, including event names, properties, and associated metadata.
• Performance metrics: Page load times, time to first byte, largest contentful paint, cumulative layout shift, and other web performance indicators.

5.1 Data Storage and Security

All data collected through the Service is stored securely in accordance with our Privacy Policy. We employ industry-standard security measures including encryption at rest and in transit, access controls, and regular security audits to protect your data.

5.2 Your Responsibilities

As a user of the Service, you are responsible for ensuring compliance with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), the ePrivacy Directive, and any other applicable privacy legislation. This includes:

• Obtaining appropriate consent from your website visitors before deploying our tracking script, where required by applicable law.
• Updating your website's privacy policy to disclose the use of Flowpoint Analytics and the types of data collected.
• Implementing a cookie consent mechanism where required by applicable law.
• Responding to data subject access requests and other rights requests from your website visitors as required by applicable law.

6. AI-Powered Features

Flowpoint offers AI-powered features that enable users to create custom dashboards and visualizations through a natural-language chat interface. By using these features, you agree to the following additional terms:

6.1 AI Dashboard Generation

Dashboards and visualizations generated through the AI chat interface are created using artificial intelligence technology, specifically Claude from Anthropic. The AI interprets your natural-language requests and generates user interface code to produce the requested dashboards and visual components.

6.2 Scope of AI Processing

The AI generates user interface code and dashboard layouts based on your instructions. The AI does not directly access, read, or process your raw analytics data. The generated dashboards connect to your analytics data through the platform's standard data layer and APIs.

6.3 User Responsibility

You are responsible for reviewing and verifying all AI-generated dashboards, reports, and visualizations before relying on them for business decisions. You should ensure that the generated outputs accurately represent the data and metrics you intended to display.

6.4 No Guarantee of Accuracy

Flowpoint does not guarantee the accuracy, completeness, or reliability of any AI-generated dashboards, visualizations, or insights. AI-generated content may contain errors, misinterpretations, or inaccuracies. You use AI-generated features at your own risk and discretion.

6.5 Third-Party AI Providers

Chat interactions and prompts submitted through the AI dashboard creation feature may be processed by third-party AI providers, including Anthropic. By using the AI-powered features, you acknowledge and consent to the processing of your chat inputs by these third-party providers. Flowpoint does not share your raw analytics data with third-party AI providers. Please review our Privacy Policy for more information on how we handle data shared with third-party providers.

7. Content and Intellectual Property

7.1 Flowpoint Intellectual Property

The Service, including all software, code, design, text, graphics, logos, icons, images, and the selection and arrangement thereof, is the exclusive property of Flowpoint Analytics Ltd and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part thereof without our prior written consent.

7.2 User Content

You retain all rights to the content you create, upload, or generate through the Service, including reports, dashboards (whether manually created or generated with AI assistance), and exported data. Flowpoint does not claim ownership of your content. By using the Service, you grant Flowpoint a limited, non-exclusive license to use, store, and process your content solely for the purpose of providing and improving the Service.

7.3 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Flowpoint. Flowpoint has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Flowpoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

8. Prohibited Activities

When using the Service, you agree not to:

• Violate these Terms, any applicable laws, regulations, or the rights of any third party.
• Infringe upon or violate the intellectual property rights or any other rights of Flowpoint or any third party.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the servers on which the Service is hosted, or any server, computer, or database connected to the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful to the Service or its users.
• Attack the Service via a denial-of-service attack, distributed denial-of-service attack, or any other method intended to disrupt the Service's availability or performance.
• Impersonate or attempt to impersonate Flowpoint, a Flowpoint employee, another user, or any other person or entity.
• Manipulate, falsify, or otherwise tamper with any data collected, stored, or displayed through the Service.
• Use the Service to track, monitor, or collect data from website visitors without obtaining proper consent as required by applicable law.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• Use any automated means, including robots, scrapers, or data mining tools, to access, download, or collect data from the Service, except as expressly permitted through our API.

9. Electronic Communications

By creating an account with Flowpoint, you consent to receive electronic communications from us, including but not limited to:

• Account-related emails, such as registration confirmations, billing notices, password resets, and security alerts.
• Service updates, including new features, product announcements, maintenance notifications, and changes to these Terms.
• Newsletters, tips, and educational content related to web analytics, dashboard creation, and platform best practices.

You may opt out of non-essential communications (such as newsletters and promotional emails) at any time by clicking the unsubscribe link included in each email or by contacting us at office@flowpoint.ai. Please note that you cannot opt out of essential account-related and transactional communications while you maintain an active account.

10. Liability

10.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis. Flowpoint makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Service, or the information, content, or materials included therein.

10.2 Limitation of Responsibility

Flowpoint shall not be held liable for:

• The accuracy, completeness, or reliability of any data, analytics, or insights provided through the Service, including AI-generated dashboards and visualizations.
• Any interruptions, delays, or errors in the Service, whether caused by technical issues, maintenance, or circumstances beyond our reasonable control.
• The conduct of any third party, including third-party AI providers, payment processors, or any other service provider used in connection with the Service.
• Any unauthorized access to, alteration of, or destruction of your data, transmissions, or content, whether through breach of our security measures or otherwise.
• Any loss of data, revenue, profits, or business opportunities arising from your use of the Service.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Flowpoint Analytics Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property or privacy rights; or (e) any content you create, upload, or generate through the Service.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLOWPOINT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLOWPOINT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA, ANALYTICS, INSIGHTS, OR AI-GENERATED CONTENT PROVIDED THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLOWPOINT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOWPOINT ANALYTICS LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING AI-GENERATED CONTENT; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL FLOWPOINT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO FLOWPOINT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES TO FLOWPOINT DURING SUCH PERIOD, FLOWPOINT'S MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Termination

Either party may terminate this agreement at any time for any reason. You may terminate your account by contacting us at office@flowpoint.ai or by cancelling your subscription through the dashboard settings.

Flowpoint may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach any provision of these Terms. Upon termination, your right to use the Service will immediately cease.

In the event of termination, Flowpoint may, at its sole discretion, retain or delete your data in accordance with our Privacy Policy and applicable data retention obligations. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, 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 of England and Wales.

If you are a consumer residing in the European Union, you may also be entitled to invoke the mandatory consumer protection laws of your country of residence, and nothing in these Terms affects your rights as a consumer to rely on such laws.

15. No Waiver

The failure of Flowpoint to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. A waiver of any right or provision will be effective only if made in writing and signed by an authorized representative of Flowpoint.

16. General Provisions

16.1 Language

These Terms are written in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

16.2 Electronic Notices

All notices, requests, demands, and other communications under these Terms shall be given in writing and shall be deemed to have been duly given when sent by email to office@flowpoint.ai for notices to Flowpoint, or to the email address associated with your account for notices to you. Flowpoint may also provide notices by posting them on the Service or through in-app notifications.

16.3 Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, and any other legal documents or policies published by Flowpoint on the Service, constitute the entire agreement between you and Flowpoint regarding your use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Flowpoint's prior written consent. Flowpoint may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17. Contact

If you have any questions about these Terms of Service, please contact us:

• Company: Flowpoint Analytics Ltd
• Address: Flat 41 Oslo Court, Prince Albert Road, London, England, NW8 7EN
• Email: office@flowpoint.ai