1. Acceptance of Terms
By accessing or using FlexIQ ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you ("User", "Customer", or "you") and FlexIQ GmbH, a company registered in Germany. Your use of the Service is also governed by our Privacy Policy.
2. Description of Service
FlexIQ is an AI-powered lead generation and email outreach platform designed for B2B businesses. Our Service includes:
- LinkedIn-based lead discovery and enrichment
- AI-generated email copy with automatic A/B testing
- Automated email sequencing and follow-ups
- Campaign performance analytics and optimization
- Email deliverability optimization (warm-up, rotation)
- Reply tracking and classification
We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice to users.
3. Account Registration
3.1 Eligibility
You must meet the following requirements to use FlexIQ:
- Be at least 18 years old
- Use the Service for legitimate business purposes only
- Provide accurate and complete registration information
- Maintain a valid business email address
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Using strong passwords (we enforce minimum 8 characters with complexity requirements)
3.3 One Account Per User
You may not create multiple accounts to circumvent free trial limitations or subscription fees. Violation of this policy may result in immediate account termination without refund.
4. Subscription and Billing
4.1 Free Trial
- Duration: 14 days
- No credit card required for trial signup
- Full access to all features (with usage limits)
- Trial period may be extended at our sole discretion
4.2 Subscription Plans
We offer the following subscription tiers:
- Starter Plan: $99/month - 1,000 leads/month, 3 email sequences, basic support
- Scale Plan: $499/month - 10,000 leads/month, unlimited sequences, priority support, A/B testing
- Enterprise Plan: Custom pricing - Unlimited leads, dedicated support, custom integrations, SLA
Prices are subject to change with 30 days' notice. Existing subscribers will be grandfathered at their current rate for 12 months.
4.3 Billing and Payment
- Payment processing is handled by Stripe, Inc. (stripe.com)
- Subscriptions are billed monthly in advance
- Auto-renewal: Your subscription automatically renews unless canceled at least 24 hours before the renewal date
- Failed payments: We will attempt to charge your card 3 times over 7 days
- After 3 failed payment attempts, your account will be suspended until payment is received
4.4 Refunds and Cancellation
- Cancellation: You may cancel your subscription at any time via the Settings page
- Effective Date: Cancellations take effect at the end of the current billing period
- No Partial Refunds: We do not provide refunds for partial months or unused leads
- Exception: If you cancel within 48 hours of initial signup (not trial expiration), we will provide a full refund
- Data Export: You have 30 days post-cancellation to export your data before it is deleted
4.5 Overage Charges
If you exceed your plan's lead limit, you will be charged $0.15 per additional lead enriched. We will send a notification when you reach 80% of your limit.
5. Acceptable Use Policy
5.1 Permitted Use
You may use FlexIQ for:
- B2B lead generation and outreach
- Sending professional, business-related emails
- Contacting prospects with legitimate business offers
- Building relationships with potential customers
5.2 Prohibited Activities
You may NOT use FlexIQ for:
- Personal Emails: Sending emails to personal addresses (Gmail, Yahoo, Hotmail, etc.)
- Purchased Lists: Uploading or using purchased, scraped, or third-party email lists
- Spam: Sending unsolicited bulk emails or deceptive marketing messages
- Harassment: Sending abusive, threatening, or harassing content
- Illegal Content: Promoting illegal products, services, or activities
- Malware: Distributing viruses, malware, or phishing attempts
- Impersonation: Pretending to be someone else or another company
- Data Mining: Scraping or extracting data for use outside the platform
5.3 CAN-SPAM Compliance
You must comply with the CAN-SPAM Act and similar laws, including:
- Including your physical business address in emails
- Providing a clear unsubscribe mechanism (we handle this automatically)
- Honoring unsubscribe requests within 10 business days
- Not using deceptive subject lines or headers
- Clearly identifying the email as an advertisement (if applicable)
5.4 Consequences of Violation
If you violate this Acceptable Use Policy, we may:
- Issue a warning and require corrective action
- Suspend your account pending investigation
- Terminate your account immediately without refund
- Report violations to law enforcement or regulatory authorities
- Pursue legal action for damages
6. Intellectual Property
6.1 FlexIQ Platform
All rights, title, and interest in the FlexIQ platform, including software, design, algorithms, and documentation, are owned by FlexIQ GmbH. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
6.2 Customer Data Ownership
You retain all ownership rights to your data, including:
- Lead lists and contact information
- Campaign content and email copy
- Analytics and performance data
6.3 License to FlexIQ
By using the Service, you grant FlexIQ a limited license to use your data solely for the purpose of providing and improving the Service. We will not use your data for advertising or sell it to third parties.
6.4 Feedback and Suggestions
If you provide feedback, feature requests, or suggestions, you grant FlexIQ a perpetual, royalty-free license to use, modify, and incorporate such feedback into the Service without attribution or compensation.
7. Data Ownership and Export
7.1 Your Data
You own all data you input into the platform. We act as a data processor on your behalf.
7.2 Data Export
You can export your data at any time via:
- CSV download from the dashboard
- API access (Scale and Enterprise plans)
- Requesting a full data export from support
7.3 Data Deletion
Upon account termination, we will delete your data within 30 days. You can request immediate deletion by contacting support. Note that we may retain certain data for legal compliance (e.g., billing records for 7 years).
8. Service Availability
8.1 Uptime Target
We strive for 99% uptime per month, measured over a rolling 30-day period. However, we do not guarantee uninterrupted access.
8.2 Scheduled Maintenance
- We perform scheduled maintenance during low-traffic hours (typically 2-4 AM UTC)
- We will provide at least 48 hours' notice for major maintenance
- Emergency maintenance may occur without notice
8.3 Service Level Agreement (SLA)
Enterprise customers receive a dedicated SLA with financial credits for downtime exceeding 99.5% monthly uptime. Contact sales for SLA details.
9. Termination
9.1 Termination by Customer
You may cancel your account at any time via the Settings page. Cancellation takes effect at the end of the current billing period.
9.2 Termination by FlexIQ
We may terminate or suspend your account immediately if:
- You violate these Terms or the Acceptable Use Policy
- Your account has been inactive for 12 months
- Payment is more than 30 days overdue
- We are required to do so by law
- We cease operations (with 90 days' notice)
9.3 Effect of Termination
Upon termination:
- Your access to the Service will be revoked immediately
- You have 30 days to export your data
- After 30 days, all data will be permanently deleted
- Outstanding fees remain due and payable
10. Limitation of Liability
10.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEXIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
10.3 Liability Cap
Our total liability to you for any claim arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.
10.4 Exceptions
The above limitations do not apply to:
- Our gross negligence or willful misconduct
- Liability that cannot be excluded by law
- Violations of applicable data protection laws
11. Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of Germany and the European Union, without regard to conflict of law principles.
11.2 Jurisdiction
Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts in [Your City], Germany.
11.3 Informal Resolution
Before filing a legal claim, you agree to first contact us at legal@flexiq.ai to attempt to resolve the dispute informally.
12. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Update the "Last Updated" date at the top
- Send an email notification to all active users
- Display a prominent notice on the platform for 30 days
Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cancel your account before the changes take effect.
13. Contact Information
If you have questions about these Terms, please contact us:
Postal Address:
FlexIQ GmbH
[Your Address]
[City, Postal Code]
Germany