Terms of Service

Terms of Service
Last Updated: 1/18/25

Welcome to Spekkel Flow (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website located at https://spekkelflow.com (the “Site”), and any related services, software, or applications (collectively, the “Services”). By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of our Site and Services.________________________________________

1. Eligibility

1.1 Age Requirement
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services. By using our Site or Services, you represent and warrant that you meet this requirement.
1.2 Authority
If you are using our Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
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2. Accounts and Registration

2.1 Account Creation
To access certain features of our Services, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep this information updated at all times.
2.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use or suspected breach of your account’s security.
2.3 Account Suspension or Termination
We reserve the right to suspend or terminate your account at any time and for any reason, including violation of these Terms. We may also terminate or suspend access to the Services immediately, without prior notice or liability, if we reasonably believe you have violated any provision of these Terms.
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3. Services and Usage

3.1 Marketing Automation Platform
Spekkel Flow provides a platform for creating and managing marketing campaigns, including email, phone, and SMS automation. Your use of these features must comply with all applicable laws and regulations, including those related to data privacy, telecommunications, and marketing practices.
3.2 Prohibited Conduct
By using our Services, you agree not to:
• Use the Services for any unlawful or fraudulent activities.
• Send unsolicited, deceptive, or unlawful messages.
• Harass, abuse, or harm another person or entity.
• Interfere with or disrupt our Services, servers, or networks.
• Reverse engineer, decompile, or otherwise access the source code of any software associated with our Services.
• Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
3.3 User Content
Any content you create, upload, or distribute through our Services (e.g., marketing materials, emails, voice messages, SMS messages) remains your sole responsibility. You represent and warrant that:
• You own or have the necessary licenses, rights, and permissions to use and share such content.
• Your content does not violate any laws or the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
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4. Intellectual Property

4.1 Ownership
All content, trademarks, logos, and intellectual property available on the Site or through our Services (excluding user-generated content) are the property of Spekkel Flow or our licensors. Nothing in these Terms grants you the right to use any of our trademarks or other intellectual property without our express written consent.
4.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes.
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5. Payments and Billing

5.1 Subscription Fees
Certain features of our Services may require payment of subscription fees. You agree to pay all applicable fees associated with your account in accordance with the billing terms in effect at the time the fee is due and payable.
5.2 Billing Information
You must provide current, complete, and accurate billing information. If payment cannot be charged to your payment method for any reason, we reserve the right to suspend or terminate your access to the Services.
5.3 Refunds
All fees paid are non-refundable unless otherwise specified in a separate agreement or required by law. Any refund requests will be handled on a case-by-case basis at our sole discretion.
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6. Privacy and Data

Protection
Your use of our Site and Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Site or Services, you agree to the collection, use, and sharing of your information as described in the Privacy Policy. We are committed to complying with all applicable data protection regulations.
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7. Third-Party Links and Services

Our Site or Services may contain links to or integrations with third-party websites, products, or services that we do not own or control. We do not endorse or assume any responsibility for the content, privacy policies, or practices of third-party entities. Your dealings with third-party entities are solely between you and the third party.
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8. Disclaimers

8.1 No Warranty
Our Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Spekkel Flow disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 No Guarantee of Results
While we strive to ensure our marketing automation platform delivers positive outcomes, we do not guarantee any specific results or improvements in sales, leads, or other performance metrics.
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9. Limitation of Liability

To the maximum extent permitted by law, Spekkel Flow and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the event giving rise to the liability.
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10. Indemnification

You agree to defend, indemnify, and hold harmless Spekkel Flow and its affiliates, employees, officers, agents, and licensors from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
• Your use of the Services.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
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11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach these Terms or engage in prohibited conduct. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms that should survive termination shall do so, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
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12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms shall be resolved exclusively in the courts located within [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.
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13. Changes to the Terms

We reserve the right to modify or replace these Terms at any time. If we make a significant change, we will notify you by posting a new version on the Site or by other appropriate means. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.
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14. General

14.1 Entire Agreement
These Terms, together with any policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and Spekkel Flow regarding your use of the Site and Services and supersede all prior agreements.
14.2 Severability
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
14.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
14.4 Assignment
You may not assign these Terms or any rights or obligations herein without our prior written consent. We may assign these Terms without restriction.
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15. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:
Spekkel Flow
Email: support@spekkelflow.com

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.