Welcome to FlashCTA! These Terms and Conditions ("Terms") govern your use of the FlashCTA application (the "Service"), which is available on the HubSpot marketplace. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.

1. Acceptance of Terms

By accessing and using the FlashCTA Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other applicable laws and regulations. These Terms may be updated or revised from time to time, and your continued use of the Service constitutes acceptance of those changes.

2. Description of the Service

FlashCTA is a SaaS application that allows users to create and manage Call-To-Actions (CTAs) that trigger webhooks. These webhooks can be used by our users to retrieve specific information from the HubSpot CRM and other data selected by the users. The Service provides read access to certain CRM data via the HubSpot API and includes these details in the payloads sent through webhooks as configured by the user.

3. User Responsibilities

As a user of FlashCTA, you agree to:

• Use the Service in compliance with all applicable laws, including data protection regulations.

• Ensure that any data you select and send via webhooks is authorized and compliant with your organization’s policies.

• Safeguard your account credentials and restrict access to unauthorized users.

• Notify us immediately if you suspect any unauthorized access to your account.

4. Access to HubSpot Data

FlashCTA requires permission to access certain data within your HubSpot account. By using our Service, you grant us permission to access and use this data as necessary to provide the Service. You acknowledge that FlashCTA will only access and use the data that you specifically select for the purpose of creating webhooks.

5. Data Privacy, Security, and User Responsibility

5.1 Data Access and Processing

FlashCTA accesses specific data from your HubSpot account solely to provide the Service. This data is only accessed in real-time when you configure and execute a webhook using the Service. FlashCTA does not store, retain, or otherwise exploit any CRM data retrieved through the HubSpot API. The data accessed is strictly limited to the parameters you set within your webhook configuration, and it is transmitted directly to the webhook endpoint you specify.

5.2 User Responsibility for Data Use

As a user of FlashCTA, you are solely responsible for the selection, use, and management of any data accessed through the Service. You must ensure that:

• The data you choose to process and transmit using FlashCTA is handled in accordance with all applicable laws, regulations, and internal policies of your organization.

• The endpoints to which you send data via webhooks are secure and managed appropriately to prevent unauthorized access or data breaches.

• You comply with data protection laws and ensure that the use of this data does not infringe on the rights of any individuals or entities.

FlashCTA disclaims any responsibility or liability for any data loss, misuse, unauthorized access, or any other security breaches that occur as a result of the use of the Service. The responsibility for ensuring that data is processed, transmitted, and managed securely lies entirely with you, the user.

You are responsible for ensuring that your use of FlashCTA complies with all applicable local, national, and international laws and regulations, including but not limited to data protection, privacy laws, and any sector-specific regulations that may apply to your industry or region.

FlashCTA shall not be held liable for any non-compliance, legal infractions, or penalties incurred by you or your organization due to the improper use of data or failure to adhere to the relevant legal standards. It is your duty to ensure that any data processed using the Service is compliant with the laws of the country or region in which your business operates.

By using FlashCTA, you agree to indemnify and hold harmless FlashCTA, its affiliates, and its respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service, including any data processed, transmitted, or stored as part of your webhook configurations.

• Any violation of applicable laws, regulations, or these Terms by you or any party acting on your behalf.

• Any unauthorized access or use of your HubSpot account or the data therein due to your actions or omissions.
  
  

6. Limitation of Liability

To the fullest extent permitted by law, FlashCTA and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service.

• Any unauthorized access to or use of our servers or any personal information stored therein.

• Any interruption or cessation of transmission to or from the Service.

• Any bugs, viruses, or similar issues that may be transmitted to or through our Service by any third party.

• Any violation of applicable laws or regulations by you in your use of the Service.
  
  

7. Dependency on HubSpot Services

FlashCTA relies on the HubSpot platform and its APIs to function effectively. As such, the stability, availability, and performance of FlashCTA are inherently tied to the stability, availability, and performance of HubSpot's services. FlashCTA cannot be held liable for any interruptions, delays, or issues resulting from the availability or performance of HubSpot’s services, including but not limited to API changes, downtimes, or other service disruptions.

If HubSpot experiences any issues that affect the functioning of FlashCTA, we will endeavor to communicate these issues to you and provide updates on the situation. However, we disclaim any responsibility or liability for any losses or damages incurred due to issues arising from HubSpot's services.

8. Service Continuity and Limitations
8.1 Bugs and Technical Issues
FlashCTA is committed to providing a reliable and high-quality service. However, like any software, it may encounter bugs, errors, or technical issues that could affect the performance or availability of the Service. In the event of such issues, we pledge to make every reasonable effort to diagnose and resolve these problems as quickly as possible to restore normal service.

8.2 Limitation of Liability for Service Disruptions
While we strive to ensure continuous and uninterrupted service, FlashCTA cannot guarantee that the Service will always be available, error-free, or that any defects will be corrected immediately. We will not be liable for any loss of profits, revenues, business opportunities, or any other damages (whether direct or indirect) that may result from the use or inability to use the Service, including but not limited to technical issues, service interruptions, or data loss.

8.3 No Liability for Business Losses
You acknowledge and agree that FlashCTA's responsibility is limited to providing access to the Service "as is," and we do not accept any liability for any financial loss or business interruption that may occur due to the use, non-use, or inability to use FlashCTA, including situations where bugs or errors prevent the Service from functioning as intended.

9. Subscription and Payment Terms

9.1 Pricing and Fees

Access to and use of the Platform are offered at the prices featured on the relevant page, which can be found at the address flashcta.com under the "Pricing" section

Subscriptions are clearly defined on the pricing page.

The User takes out a subscription for the period that is defined at the time said subscription is taken out (the "Initial Period"). At the end of the Initial Period, and of each successive subscription period, the subscription will be automatically renewed for the same period of time, except in case of cancellation or downgrade of the subscription before the end of the current subscription period. Invoices are available on the User's account.

The costs of the subscriptions on the pricing page are displayed in Euros (€) or American Dollars ($). These displayed costs do not include any taxes or duties that may be applicable to each User depending on their applicable regime.

The User may cancel the renewal of their subscription directly on their account. Refunds may be granted according to the rules set out in our Refund Policy.

The User warranties to FlashCTA that s/he has the necessary authorization to use the payment method that s/he selected when validating the order. The purchase will be debited from the User's account at the time the order is processed. FlashCTA will take all necessary steps to ensure the security and confidentiality of data provided online. The transaction will be processed through Process Out and the Payment Services Provider, which alone will have access to the credit card details provided on the Platform at the time of payment. FlashCTA reserves the right to suspend the processing of any order and any delivery if credit card payment authorization is refused by an officially accredited organization or in case of non-payment. When the payment method has been selected, the User must pay for the order using the secure Payment Services Provider interface, which will legally finalize the purchase agreement that s/he has made FlashCTA. Online provision of credit card details and the final validation of the order by the User constitute proof of order and all sums due for the products selected in the order will become payable.

In case of failure to pay a subscription installment, the User's will not be able to access to the resources of the subscription ordered.

10. User License and Acceptable Use

10.1 License Grant

The User shall refrain itself, directly or indirectly, and shall refrain any person that is to use the Platform on its behalf (including its employees, agents, business partners and sub-contractors), unless with FlashCTA's prior express written consent, from:

• (i)decompiling, disassembling the Platform, carrying out reverse engineering to create products derived from the Platform or attempt to discover or re-create the source code, the ideas on which it is based, the algorithms, file formats or programming or inter-operational interfaces of the Platform except within the limits of the rights granted under article L. 122-6-1 of the French Intellectual Property Code, in any way whatsoever. If the User should wish to obtain information to allow the Platform to interact with another software, the User undertakes to request such information from FlashCTA, which may provide the User with the required information, subject to payment by this latter of the associated costs;

• (ii)fixing, alone or with the assistance of a third-party provider, any defect of the Platform in order to have it conform to its destination, FlashCTA exclusively reserving this right in accordance with article L. 122-6-1 I 2° of the French Intellectual Property Code;

• (iii)suppressing or deleting any reference or label related to the intellectual property rights of FlashCTA and/or of any third party;

• (iv)transferring, using or exporting the Platform in violation of applicable legislation;

• (v)integrate or associate the Platform with other software or documents or create, compose or derivate works relying on all or part of the Platform;

• (vi)performing any use of the Platform other than those allowed under these Terms and Conditions.

10.2 Acceptable Use Policy

You agree not to use the Service for any unlawful or prohibited activities, including but not limited to:

• Transmitting any harmful or offensive content.

• Engaging in any activity that disrupts or interferes with the Service or servers.

• Using the Service to violate the rights of others or applicable laws.

11. User Data and Analytics

11.1 Data Ownership

You retain all rights to the data you submit through the Service. FlashCTA may use this data solely as necessary to provide the Service.

11.2 Analytics and Usage Data

We may collect and use analytics data regarding your use of the Service to improve the Service. This data may be anonymized and aggregated for analysis purposes. We will not share your data with third parties without your explicit consent, except as required to provide the Service or comply with legal obligations.