Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between ConsulenteCrediti Srl, a company incorporated under Italian law (P.IVA IT06139990870, registered office: Via Ravanzusa N. 13, 95030 Tremestieri Etneo CT, Italy — "Provider", "we", "us") and the natural or legal person accessing or using the FlowCRM platform ("Customer", "you"). By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Description of Service

FlowCRM is a Software-as-a-Service (SaaS) platform providing customer relationship management, email marketing automation via Amazon SES, WhatsApp Business messaging via Meta Cloud API, contact management, and marketing workflow automation tools. The Service is provided on a subscription basis according to the plan selected by the Customer.

3. Subscription Plans and Billing

Subscriptions are billed monthly in advance via Stripe. Italian VAT (IVA) at the applicable rate will be added for customers resident in Italy. EU business customers with a valid VAT number may apply the reverse charge mechanism. Invoices are issued electronically via the SDI system (Codice SDI: SKUaY6). Failure to pay within 15 days of the due date may result in suspension of the Service. All prices are subject to change with 30 days' notice.

4. Free Trial and Cancellation

New customers may be offered a 14-day free trial. No credit card is required during the trial period. After the trial, the Service will automatically transition to a paid plan unless cancelled. You may cancel your subscription at any time from the account settings. Cancellation takes effect at the end of the current billing period; no refunds are issued for partial periods, except where required by applicable law (including the Italian Consumer Code, Legislative Decree 206/2005, for consumer customers).

5. Right of Withdrawal (Consumer Customers)

If you are a consumer (natural person acting outside a trade, business, or profession), you have the right to withdraw from these Terms within 14 days of account creation without giving any reason, pursuant to EU Directive 2011/83/EU and the Italian Consumer Code (Art. 52 et seq. of Legislative Decree 206/2005). To exercise this right, notify us at [email protected]. Note that by requesting immediate access to the Service, you acknowledge that the right of withdrawal is lost once the digital content has been fully performed.

6. Acceptable Use Policy

You agree not to use the Service to:

• Send unsolicited commercial communications (spam) in violation of applicable anti-spam laws
• Transmit content that is unlawful, defamatory, fraudulent, or violates third-party rights
• Violate GDPR or other applicable data protection laws in your use of the CRM
• Attempt to gain unauthorised access to the Service or its infrastructure
• Engage in any activity that disrupts or interferes with the Service
• Resell or sublicense the Service without prior written consent

Violation of this policy may result in immediate suspension or termination of your account without refund.

7. Data Processing Agreement

When you use FlowCRM to process personal data of your contacts, you act as the Data Controller and ConsulenteCrediti Srl acts as the Data Processor under GDPR Article 28. By accepting these Terms, you also accept our Data Processing Agreement (DPA), which is incorporated herein by reference. You warrant that you have a lawful basis for processing the personal data you upload to the platform and that you have obtained all necessary consents from your contacts.

8. Intellectual Property

The Service, including all software, algorithms, interfaces, and documentation, is the exclusive property of ConsulenteCrediti Srl and is protected by Italian and EU intellectual property law. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during the subscription term. You retain all rights to the data and content you upload to the platform.

9. Service Level and Availability

We target 99.5% monthly uptime for the Service, excluding scheduled maintenance windows (notified at least 24 hours in advance) and force majeure events. In the event of downtime exceeding 1% in a calendar month, you may request a pro-rata service credit. The Service is provided "as is" and we do not warrant that it will be error-free or uninterrupted.

10. Limitation of Liability

To the maximum extent permitted by applicable law, ConsulenteCrediti Srl's total liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you in the 3 months preceding the event giving rise to the claim. We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Governing Law and Dispute Resolution

These Terms are governed by Italian law. For business customers, any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Court of Catania (Tribunale di Catania), Italy. For consumer customers, the mandatory consumer protection provisions of the country of residence apply, and disputes may be submitted to the ODR platform of the European Commission at ec.europa.eu/consumers/odr.

12. Modifications

We reserve the right to modify these Terms at any time. Material changes will be notified by email at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you may terminate your subscription before the effective date.