Terms of Service

Provider: Rough Bit LLP, Kalath House, Nellayi, Thrissur, Kerala 680305, India, LLPIN AAX-8760, trading as Final Apps and publisher of FlowSend - Flow Mail App (the Service).

Customer: the Shopify merchant that installs the Service, identified by the Shopify store or stores on which it is installed.

1. These Terms

These Terms govern the Customer’s use of the Service and take effect when the Customer installs it or first uses it, whichever is earlier. They are the Principal Agreement referred to in the Data Processing Agreement between the parties, which forms part of these Terms.

2. The Service

The Service sends email on the Customer’s behalf, triggered by Shopify Flow workflows and other events in the Customer’s store, through a mail server that the Customer nominates and controls. The Provider grants the Customer a non-exclusive, non-transferable right to use the Service during the term for its own business purposes. The Provider may improve, change or discontinue features, and shall not materially reduce the core functionality of a paid plan without reasonable notice.

3. Plans, fees and billing

The Service is offered on the plans published on the Service’s Shopify App Store listing, at the prices stated there from time to time. Fees are charged and collected by Shopify through the Customer’s Shopify account under Shopify’s billing terms, and plan allowances, including limits on the number of email actions, are as stated on that listing. Fees are not refundable except where these Terms or applicable law require it. The Provider may change prices for future billing periods on 30 days’ notice; a price change takes effect on the Customer’s next renewal and the Customer may cancel before then.

4. The Customer’s account and responsibilities

The Customer is responsible for its Shopify account and its users, for keeping its credentials secure, and for all activity under its account. The Customer shall use the Service in compliance with applicable law, with Shopify’s terms, and with these Terms.

5. The Customer’s mail server and content

The Customer nominates and controls the mail server used to send its messages, and is responsible for that server, its configuration, its credentials, its sending reputation and its deliverability. The Customer is responsible for the content of every message sent through the Service, for the accuracy of its templates and recipient data, and for having a lawful basis and, where required, consent for every message it sends, including under the GDPR, the ePrivacy Directive and any applicable marketing or anti-spam law. The Provider does not review message content and is not the sender of the Customer’s messages.

6. Acceptable use

The Customer shall not use the Service to send unsolicited bulk email, to send to purchased or scraped lists, to send unlawful, deceptive, infringing or harmful content, to impersonate another person or organisation, or to circumvent plan limits. The Customer shall not resell the Service, attempt to access other customers’ data, reverse engineer the Service except to the extent applicable law permits, or interfere with its operation or security. The Provider may suspend sending immediately where it reasonably believes this Clause has been breached, and shall tell the Customer why.

7. Intellectual property

The Provider and its licensors own all rights in the Service, including its software, interfaces and documentation. The Customer owns its own data, templates and content, and grants the Provider only the rights needed to provide the Service and to comply with the Data Processing Agreement. Feedback the Customer gives may be used freely by the Provider without obligation.

8. Data protection

Where the Provider processes personal data on the Customer’s behalf, it does so under the Data Processing Agreement, which forms part of these Terms. In the event of a conflict on data protection matters, the Data Processing Agreement prevails over these Terms, and the Standard Contractual Clauses incorporated into it prevail over both.

9. Confidentiality

Each party shall keep the other’s non-public information confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, was already known to it, or is required to be disclosed by law, in which case the recipient shall give notice where it lawfully can.

10. Warranties and disclaimers

The Provider shall provide the Service with reasonable skill and care. The Customer acknowledges that email delivery depends on the Customer’s own mail server, on recipient mail providers, and on networks outside the Provider’s control, and that the Provider does not warrant that any individual message will be delivered, delivered on time, or reach an inbox rather than a spam folder. The Service is not a system of record: the Customer shall not rely on it as its only means of sending legally required or time-critical communications. Except as stated in these Terms and the Data Processing Agreement, the Service is provided without warranties of any kind, whether express or implied, to the fullest extent applicable law permits. The Provider gives no uptime commitment.

11. Liability

Neither party excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence or for fraud.

Subject to that, and to the fullest extent applicable law permits:

• Neither party is liable for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, loss of or corruption of data, or any indirect or consequential loss, however arising.
• Each party’s total liability arising out of or in connection with these Terms and the Data Processing Agreement, whether in contract, tort including negligence, or otherwise, is limited in aggregate to the total fees paid by the Customer for the Service in the twelve months immediately before the event giving rise to the claim.
• The Provider is not liable for loss arising from the Customer’s own mail server, the Customer’s message content, the Customer’s lack of a lawful basis or consent, or any act or omission of Shopify.

12. Term, suspension and termination

These Terms run for as long as the Service is installed on the Customer’s store. The Customer may terminate at any time by uninstalling the Service or cancelling through Shopify; termination takes effect at the end of the current billing period and fees already paid are not refunded. The Provider may suspend or terminate for material breach that is not remedied within 14 days of notice, for non-payment, or immediately under Clause 6. On termination the Customer’s right to use the Service ends and the Provider deletes personal data in accordance with the Data Processing Agreement.

13. Changes to these Terms

The Provider may change these Terms, and shall give at least 30 days’ notice of any change that materially reduces the Customer’s rights, by email to the Customer’s registered address or in the Service. Continued use after a change takes effect constitutes acceptance; a Customer that does not accept may terminate before then under Clause 12.

14. General

These Terms and the Data Processing Agreement are the entire agreement between the parties on their subject matter and replace any earlier statements or proposals. Neither party may assign without the other’s written consent, except to a successor of its business. No failure to enforce a right waives it. If a provision is held invalid the remainder continues in force. Nothing creates a partnership, agency or employment relationship. Notices to the Provider go to [email protected] and notices to the Customer go to the email address on its account.

Governing law

These Terms are governed by the laws of India, and the courts at Thrissur, Kerala have exclusive jurisdiction over any dispute arising out of or in connection with them.