Userflow Terms of Service

Last updated: April 13, 2023

By using the Userflow (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Userflow, Inc. (“Company”) reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of your account.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

API Terms

Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Payment, Refunds, Upgrading and Downgrading Terms

1. The Service is offered with a free trial for 14 days. If you need more than 14 days, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
2. For any upgrade or downgrade in plan level, will result in the new rate being charged immediately, possibly pro-rated for the current billing cycle.
3. Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
5. As a general rule, there are no refunds, but we are fair people, so if you forgot to cancel your subscription and we charge you for the next month, we’ll happily refund.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by navigating to Settings, then Billing. The Billing screen provides a simple cancellation link.
2. All of your content will be inaccessible from the Service immediately upon cancellation. You can request to have your data deleted on privacy@userflow.com. Userflow furthermore reserves the right to delete your data 60 days after cancellation. This information can not be recovered once it has been permanently deleted.
3. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Company web site or the Service itself.
3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
3. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
4. The look and feel of the Service is copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

Security and Privacy

1. We take many measures to protect and secure your data through backups, redundancies, and encryption. Please refer to our Security Policy for full details.
2. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Userflow may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
   • To help you with support requests you make. We’ll ask for express consent before accessing your account.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
   • To safeguard Userflow. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
   • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches Userflow for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Userflow is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
3. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data.
4. Under the California Consumer Privacy Act (“CCPA”), Userflow is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use Userflow’s Services in a way that violates the regulations.
5. These Service Terms incorporate the Userflow Data Processing Addendum (“DPA”), when the General Data Protection regulation (“GDPR”) applies to your use of Userflow Services to process Customer Data as defined in the DPA. Follow the instructions below to execute a signed copy of the Data Processing Addendum (DPA):

• Download the Data Processing Addendum
• Complete and sign the DPA as described under “HOW TO EXECUTE THIS DPA”
• Send the DPA to us
• We’ll sign the DPA and return it to you

Regardless of whether you execute a signed copy or not, we protect and secure your data to the high standards set out in the addendum.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must not modify, adapt or hack the Service.
4. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
6. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
8. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
9. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
10. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
11. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
12. Questions about the Terms of Service should be sent to support@userflow.com.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Additional Terms for AI Assistant feature

When using our AI Assistant (powered by OpenAI), you agree to the following additional terms:

1. Use of the AI Assistant is at your own discretion and risk. OpenAI has put a lot of effort into making their models safe, by minimizing the risk of harmful, inappropriate and incorrect answers. Userflow is not liable for any incorrect, inappropriate, or harmful inputs and outputs.
2. Sensitive Personal Information. Customers specifically agrees not to use the AI Assistant to collect, store, process or transmit any sensitive personal information, and customers shall be solely responsible for any sensitive personal information that is inadvertently submitted to the AI Assistant. Userflow and its third party technology providers (including OpenAI) are not subject to any additional obligations that apply to sensitive personal information under these Terms.
3. Processing by OpenAI. Customers acknowledges that by using the AI Assistant, you agree to OpenAI processing your data submitted to the AI Assistant in accordance with their data processing terms and security policy. If your use of the AI Assistant will involve processing of personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data in accordance with applicable laws.

This policy have been adapted from the Basecamp open-source policies / CC BY 4.0.