Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") form a binding agreement between you and ConsentFlow ("we", "us", or "our") covering your use of the ConsentFlow website, applications, and services (together, the "Service"). By creating an account, sending or signing a document, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

If you're using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

2. The service

ConsentFlow provides AI-assisted tools for drafting consent forms and other documents, sending them to recipients, collecting electronic signatures, and storing the resulting signed records together with an audit trail. We may add, change, or remove features at any time. We'll give reasonable advance notice of material changes that meaningfully reduce functionality on a paid plan.

3. Accounts

• You must be at least 16 years old to create an account.
• You must provide accurate information and keep it up to date.
• You're responsible for safeguarding your password and for any activity under your account.
• Notify us promptly at support@consentflow.app if you suspect unauthorized access.

4. Plans & billing

The Service is offered in a Free plan and several paid plans. Current pricing and feature limits are listed at /pricing and may change with reasonable notice.

• Subscription fees are charged in advance on a recurring monthly or annual basis through our payment processor (Stripe). All fees are exclusive of taxes, which you are responsible for where applicable.
• Auto-renewal: subscriptions renew automatically at the end of each billing period unless cancelled before the next renewal date. You can cancel at any time from Settings.
• Refunds: fees are non-refundable except where required by law. If you cancel mid-period, you'll keep access through the end of the period you've paid for.
• Plan limits: if you exceed the limits of your plan (such as the monthly send quota), additional sends may be blocked until the next period or until you upgrade.
• Failed payments: if a charge fails, we may suspend paid features until the balance is settled.

5. Your content

You retain all rights in the documents, prompts, signatures, and other content you submit to the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Your Content solely as needed to operate and improve the Service for you.

You represent that you have the rights to submit Your Content and to send documents to the recipients you list, and that doing so does not violate any law or third-party right.

6. Electronic signatures

The Service is intended to support legally binding electronic signatures under the U.S. ESIGN Act, the Uniform Electronic Transactions Act (UETA), the EU's eIDAS Regulation (as a "simple" electronic signature), and similar laws.

• By signing a document through the Service, the signer consents to do business electronically and to the use of electronic records.
• Each signed document is accompanied by an audit trail recording timestamps, IP address, user-agent, and event history. This audit trail is provided to support enforceability but does not constitute legal advice.
• Some jurisdictions and document types (for example, certain wills, family-law instruments, or notarial deeds) require handwritten signatures or specific qualified e-signature formats. You are responsible for confirming that an electronic signature is appropriate for your use case.
• The Service is not a substitute for advice from a qualified attorney.

7. Recipient communications & sender warranty

The Service sends transactional emails on your behalf to the recipients you list, including signature requests, signing reminders, completion receipts, and copies of signed documents. By sending a document through the Service, you make the following warranties with respect to each recipient:

• You have a direct business or personal relationship with the recipient and their prior permission, request, or other lawful basis to contact them at the email address you provide. For recipients in the EU, UK, EEA, or Switzerland, this means a valid lawful basis under Article 6 of the GDPR (typically consent, contract, or legitimate interests) and, where applicable, compliance with the UK Privacy and Electronic Communications Regulations (PECR) and the EU ePrivacy Directive.
• The recipient's email address was not obtained from a purchased, rented, scraped, or otherwise unsolicited list.
• You will not use the Service to send messages that are deceptive or that violate the U.S. CAN-SPAM Act, Canada's CASL, the GDPR, PECR, or any other applicable communications, marketing, or anti-spam law.
• You are the "sender" of those messages for the purposes of CAN-SPAM and act as the "controller" (or joint controller) under the GDPR with respect to the recipient list and the document content. ConsentFlow acts as the technical sender and processor on your instructions.

To support compliance, the Service automatically includes the following in messages it sends to recipients on your behalf: the identity of you (the sender), a clear description of why the recipient is receiving the message, an option to decline to sign, instructions for stopping further reminders for that document, and ConsentFlow's contact and postal address as the technical sender. We may suspend sending — including individual recipients, individual documents, or your account — if a recipient reports the message as spam, requests no further contact, or our deliverability monitoring indicates a breach of these Terms.

Recipients are not required to hold a ConsentFlow account to receive a signing request and are not asked to accept these Terms in order to view or sign a document. Their use of the signing interface is governed by the notices presented at the time of signing and by our Privacy Policy.

8. Acceptable use

You agree not to use the Service to:

• Send unsolicited bulk messages, cold outreach, or anything that violates anti-spam laws (including CAN-SPAM, CASL, GDPR, PECR, and the EU ePrivacy Directive).
• Forge identities, impersonate any person, or misrepresent your affiliation with any person or entity.
• Upload, send, or signature-collect on documents that are illegal, fraudulent, defamatory, harassing, threatening, or that infringe intellectual-property or privacy rights.
• Distribute malware, attempt to gain unauthorized access to the Service, or interfere with its operation, security, or other users.
• Reverse-engineer, scrape, or use the Service to build a competing product.
• Use the Service in a way that violates any applicable export-control, sanctions, or anti-money-laundering law.

9. Third-party services

The Service integrates with third parties such as Google Drive, Stripe, and email providers. Your use of those services is governed by their own terms, and we are not responsible for their availability, security, or actions. Connecting an integration is your authorization for us to exchange the data described in our Privacy Policy with that provider.

10. Our intellectual property

The Service, including its software, design, logos, and documentation, is owned by ConsentFlow and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms. We reserve all rights not expressly granted.

We welcome feedback. If you send us suggestions, we may use them without restriction or compensation to you.

11. Suspension & termination

You may cancel your account at any time from Settings. We may suspend or terminate your access immediately if you breach these Terms, if your use creates risk for us or other users, or if we are required to do so by law.

On termination, your right to use the Service ends. We will retain signed documents and audit trails as described in our Privacy Policy so that records of completed transactions remain available.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that any particular document, signature, or audit trail will be accepted or enforced by any court, regulator, or counterparty. Nothing in the Service constitutes legal advice.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless ConsentFlow and its officers, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of (i) Your Content, (ii) your use of the Service in breach of these Terms, or (iii) your violation of any law or third-party right.

15. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that is not subject to mandatory arbitration or small-claims court.

If you reside in the EU, UK, or Switzerland, nothing in this section deprives you of the protection of mandatory consumer-law rights in your country of residence.

16. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify account holders by email and update the "Last updated" date at the top of this page at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact us

Questions about these Terms? Email legal@consentflow.app.