Optional Features Terms and Conditions
1. Localized Marketing Feeds.
a. Flow provides the ability for Client to create a localize marketing feed that can be used by Client for the Google Merchant Integration Center and the Facebook Platform (the “Marketing Feed Product”). Use by Client is entirely optional and does not impact any other part of the Service. In the event Client utilizes the Marketing Feed Product, it shall be subject to the following terms and conditions, which may be updated from time-to-time. Updates will be found here.
b. Client shall provide Flow (i) the login credentials for Client’s Google Merchant Center account and Facebook account (upon request), as applicable, (ii) all information from Google and Facebook (as applicable) necessary to ensure that Flow includes all proper fields for the Google and Facebook (as applicable) product feed(s), and (iii) immediately upon receipt any and all emails, warnings, corrections, or similar communications from Google and Facebook (as applicable) to ensure proper functionality of the product feed. Client understands and acknowledges that the Marketing Feed Product may not operate properly, may not perform all functions for which it is intended, may not operate error free, and may not comply with Google’s and Facebook’s requirements, as applicable. Additionally, Client agrees to provide Flow with its comments, criticisms, and suggestions for changes with respect to the Marketing Feed Product.
c. Client represents and warrants that it shall comply with the Facebook Platform Policy and all related terms and conditions, including but not limited to (i) the Community Standards, (ii) the Advertising Policies,(iii) the Business Tools terms and conditions, (iv) Facebook Terms, and (v) the Data Policy. Client shall ensure that it receives all adequate consents from all individuals targeted and whose information is collected. In particular, Client represents and warrants that it shall at all times during which it utilizes the Marketing Feed Product, it shall fully comply with the terms of the Facebook Platform Policy including, but not limited to, Section 3 (Protect Data), Section 4 (Encourage Proper Use), Section 5 (Follow the Law), Section 7(Things you should know), Section 9 (Ads), and Section 15 (Marketing API). Flow agrees that it shall not use any user data obtained through the Marketing Feed Product solely to provide the Services to Client.
d. Client represents and warrants that (i) it has the rights necessary to share its login credentials and any and all other information, data, images, marketing, or advertising content provided to Flow pursuant to these terms and conditions, and (ii) it is, and shall be, in compliance with all applicable laws, rules, requirements relating to advertising and marketing for each jurisdiction that the advertising may appear (which may include, but is not limited to, price transparency).
e. The Marketing Feed Product, any related documentation, and all authorized copies thereof, shall remain the exclusive property of Flow, and shall not be used in any way other than as allowed by these terms and conditions. Client acknowledges that, as between Flow and Client, the Marketing Feed Product and its related documentation and all copyrights, patents, trademarks, trade secret rights and other intellectual property rights with respect thereto, are and will at all times be the property of Flow, even if suggestions made by Client are incorporated into subsequent versions of the Marketing Feed Product or related documentation.
2. Email Functionality.
Client may utilize Flow’s email functionality to email customers and potential customers. The functionality is currently being provided by a third party, Klavio. In the even that Client utilizes this feature, it agrees that (i) it shall at all times comply with the terms applicable to “Customer” located at https://www.klaviyo.com/terms-of-service and https://www.klaviyo.com/privacy/dpa, (ii) it shall provide Flow a login to its Klaviyo credentials, and (iii) Flow may provide suggestions and/or templates, but Client shall be responsible for all content of all emails and compliance with all applicable laws and Klaviyo terms. Client shall fully indemnify Flow for the use of the email functionality, including but not limiting to any violation of the Klaviyo terms, and applicable laws, rules, regulations, terms and conditions, including but not limited to those relating to marketing and privacy, in each jurisdiction where a customer receiving an email is located.