Terms of Use

1.1 Agreement to Terms

Welcome to Flurry ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our services, including our website located at salesflurry.ai, all related web applications, mobile applications, and associated services (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Flurry.

1.2 Company Information

The Service is operated by Flurry, INC., a Delaware corporation.

For any questions regarding these Terms or the Service, you can contact us at support@salesflurry.ai

1.3 Service Description

Flurry provides an AI-powered sales automation platform. The Service includes, but is not limited to, AI-driven prospect research, personalized message creation, automated email communications, campaign management, and data enrichment capabilities. The Service is designed to integrate with existing CRM and sales tools to enhance and automate sales development processes.. The Service includes all features, functionalities, tools, content, and related services that we may provide through our website, applications, and other means of access.

1.4 Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by updating the "Last Updated" date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our website or sending you an email notification).

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree with the revised Terms, you must stop using the Service.

1.5 Communication Preferences

By creating an account on our Service, you agree to receive electronic communications from us. These may include:

• Notices about your account
• Service-related announcements and updates
• Security alerts
• Support messages
• Marketing messages (subject to your preferences and applicable laws)

You can opt out of marketing communications at any time by following the unsubscribe instructions included in our emails or contacting us at support@salesflurry.ai.

However, you may not opt out of service-related communications that are essential to your use of the Service.

2.1 Eligibility Requirements

To access or use the Service, you must be at least 18 years old and legally capable of forming a binding contract under applicable laws. You must not be prohibited from using the Service under applicable laws. If you are accessing the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.2 Registration and Account Security

Access to certain features of the Service requires registration for an account. When registering, you agree to provide true, accurate, current, and complete information about yourself and your organization ("Registration Data"). You must maintain and promptly update the Registration Data to keep it accurate and current. Each user must create their own unique account, and shared accounts are not permitted. Accounts must be created by humans; accounts registered by "bots" or automated methods are prohibited.

2.3 Account Credentials

You are responsible for maintaining the confidentiality of your account password and any other security credentials associated with your account. You are also responsible for all activities that occur under your account. You must immediately notify Flurry of any unauthorized use of your account or any other security breach. You should ensure that you properly log out of your account at the end of each session. Flurry will not be liable for any loss or damage arising from your failure to comply with these security obligations.

2.4 Termination Rights

3.1 Permitted Uses

You may use the Service only for your internal business purposes in accordance with these Terms. This includes managing sales development and outreach activities, integrating with your authorized business tools and platforms, analyzing and tracking sales performance, creating and managing authorized user accounts for your team, and accessing features included in your subscription plan. Any use of the Service must be in accordance with your subscription level and these Terms.

3.2 Prohibited Activities

3.3 Usage Limits

Your use of the Service is subject to reasonable capacity limits, which Flurry may impose or adjust at any time. You will be notified of any material changes to usage limits. You agree to use the Service in a reasonable manner, and Flurry reserves the right to monitor usage patterns. Excessive use may result in additional charges or service restrictions, as determined by Flurry in its sole discretion.

3.4 API Usage and Integration

If you choose to use Flurry's API, you must comply with our API Documentation and Guidelines. API access may be subject to separate terms and rate limits, which Flurry may modify at any time. Flurry reserves the right to modify or discontinue API access at any time. You are responsible for maintaining the security of your API credentials and ensuring their proper use.

3.5 No Resale of Service

Unless explicitly authorized in writing by Flurry, you may not resell or white-label the Service. The Service may not be included as part of a broader service offering, and you may not transfer your subscription rights to third parties. Any attempt to commercially exploit the Service beyond its intended use is strictly prohibited.

3.6 Monitoring and Enforcement

Flurry reserves the right to monitor compliance with these Terms and investigate potential violations. We may take appropriate action against violations, including but not limited to suspending or terminating access to the Service. Flurry may report suspected illegal activities to law enforcement and remove or disable access to any content or resources that violate these Terms. You agree to cooperate with any such investigation and provide any information reasonably requested by Flurry.

4.1 Subscription Fees

Fees for the Service are based on your selected subscription plan and are quoted in U.S. dollars unless otherwise specified. All fees are non-negotiable and non-refundable unless explicitly stated in these Terms. Flurry reserves the right to change fees upon notice as specified in your subscription agreement. You agree to pay all applicable fees in accordance with the terms of your selected plan.

4.2 Billing Cycles

Subscriptions are billed on a recurring basis, either monthly or annually, with payment required in advance of each billing period. Your subscription will automatically renew for subsequent periods unless cancelled in accordance with the cancellation terms below. The renewal term will be consistent with your initial subscription term unless otherwise agreed in writing. You authorize Flurry to charge your chosen payment method for all applicable fees.

4.3 Subscription Changes and Cancellation

Changes to subscription plans take effect on the next billing cycle, though upgrades may be applied immediately with prorated charges. Downgrades will take effect at the end of the current billing cycle. Cancellation requires written notice at least 10 days before the renewal date. We do not provide partial refunds for unused periods. All cancellation requests must be submitted to support@salesflurry.ai or through your account dashboard.

4.4 Refund Policy

All fees are non-refundable unless required by law. We do not provide refunds for partial month usage or unused prepaid periods. In cases of extended service interruptions, Flurry may, at its sole discretion, issue service credits for future use. These credits apply to future service periods only and have no cash value. Any exceptions to this policy must be approved in writing by Flurry.

4.5 Taxes

All fees exclude taxes unless explicitly stated. You are responsible for all applicable taxes, and if Flurry is required to collect taxes, they will be added to your invoices. You must provide valid tax exemption certificates if claiming exemption from any applicable taxes. For international payments, you are responsible for all withholding taxes, VAT, or similar taxes, as well as any international wire transfer fees or currency conversion fees.

4.6 Payment Methods and Processing

Flurry accepts payment via credit cards (Visa, MasterCard, American Express), ACH transfers (US only), and wire transfers for annual enterprise subscriptions. Payments are processed through secure third-party payment processors. You authorize Flurry to charge your chosen payment method and agree to maintain valid payment information. Failed payments may result in service suspension until payment is received.

4.7 Late Payments

Late payments may incur additional fees, and service may be suspended after 30 days of failed payment. You remain responsible for all unpaid amounts during any suspension period. Flurry reserves the right to pursue legal action for unpaid fees. To reactivate a suspended service, full payment of all outstanding balances is required, and a reactivation fee may apply. Flurry is not responsible for any data loss during suspension periods.

6.1 Data Collection

Flurry collects various types of data through your use of the Service, including account information (such as registration details, user profiles, and login credentials), service data (including customer interaction data, sales communication records, and performance metrics), and technical data (such as log files, device information, and IP addresses). This data is collected through direct user input, automated collection during Service use, third-party integrations, public sources, and API connections. All data collection is conducted in accordance with our Privacy Policy and applicable laws.

6.2 Data Usage

Flurry uses collected data to provide and maintain the Service, train and improve AI models, generate analytics and insights, monitor service performance, ensure security and compliance, and communicate with users. Our AI training processes may utilize service data to improve model accuracy and enhance features. All AI training data is anonymized, and you may opt-out of AI training by contacting support@salesflurry.ai. We maintain strict protocols to protect the confidentiality and integrity of your data during all usage.

6.3 Privacy Policy

Our Privacy Policy, available at salesflurry.ai/privacy, is incorporated into these Terms by reference. Your use of the Service indicates acceptance of our Privacy Policy. We will notify you of any material changes to the Privacy Policy through the Service. You can access privacy settings through your account dashboard, including data export and deletion options, marketing preferences management, and cookie controls.

6.4 Security Measures

Flurry implements industry-standard security protocols, including encryption in transit and at rest, access controls and authentication, regular security assessments, and incident response procedures. You are responsible for maintaining account security, protecting access credentials, reporting security incidents, and following security best practices. We regularly update our security measures to address emerging threats and vulnerabilities.

6.5 GDPR Compliance

For users in the European Union, Flurry acts as a data processor and maintains compliance with GDPR requirements. We store EU data in compliant facilities and maintain appropriate data transfer mechanisms. You may exercise your data subject rights, including access, rectification, erasure, and portability, by contacting privacy@salesflurry.ai. We maintain detailed records of all data processing activities as required by law.

6.6 Data Retention and Deletion

Account data is retained during your active subscription and for a reasonable period thereafter. We maintain backups for 90 days and retain logs for 6 months, or as required by law. Upon account deletion, we initiate a 30-day grace period before permanent deletion. Backups are deleted within 60 days of account termination, except where longer retention is legally required. We maintain clear procedures for data deletion and verification of removal.

6.7 Third-Party Data Processing

Flurry may engage authorized service providers to assist in data processing, with strict contractual requirements for data protection. We conduct regular security assessments of our vendors and maintain a current list of sub-processors, available upon request. International data transfers are conducted with appropriate safeguards, including Privacy Shield compliance where applicable and standard contractual clauses. We maintain transparency about our data processing relationships and ensure compliance with all applicable data protection requirements.

7.1 Third-Party Integrations

Flurry may offer integrations with various third-party services, including CRM systems, email service providers, sales and marketing platforms, communication tools, and analytics services. Each integration is subject to the provider's own terms of service, and additional authentication may be required. While we strive to maintain reliable integrations, availability is not guaranteed, and Flurry is not responsible for changes made by third-party services. Additional fees may apply for certain integrations, and these will be clearly communicated before activation.

7.2 Links to External Sites

The Service may contain links to external websites for your convenience. These links do not constitute endorsement by Flurry, and we maintain no control over the content or practices of linked sites. You access external sites at your own risk, and Flurry is not responsible for the content, availability, security, or accuracy of any external site. We recommend reviewing the terms and privacy policies of any external site before use.

7.3 Third-Party Content

Our Service may display third-party content, including company information, contact details, professional profiles, and market data. This content is provided "as is" without warranty for accuracy or completeness. You must independently verify any third-party information before use, and such usage must comply with all applicable laws and regulations. Flurry assumes no liability for your use of third-party content or any consequences arising from reliance on such information.

7.4 API Services

The Service may utilize external APIs to provide certain functionalities. API access is subject to the provider's terms and may affect Service features. You must provide valid API credentials when required and are responsible for any associated costs. You must comply with all API rate limits and usage requirements. Flurry is not responsible for API disruptions or changes made by API providers that may affect Service functionality.

7.5 Data Exchange

When you connect third-party services, data may be exchanged between our Service and the integrated platform. You control these integration permissions through your account settings. All data sharing requires your explicit authorization and remains subject to your privacy settings. Third-party services maintain their own privacy policies and data handling practices, which are beyond Flurry's control. We recommend reviewing these policies before enabling any integration.

7.6 Integration Management

You can manage your service integrations through your account dashboard, where you may review and revoke access at any time. Flurry provides basic integration support and documentation, but complex issues may need to be addressed by the third-party provider. We maintain best practices guidelines for integrations but cannot guarantee the performance or reliability of third-party services. You are responsible for managing your integration configurations and maintaining appropriate security measures for connected services.

8.1 Service Availability

Flurry strives to maintain consistent Service availability, though we cannot guarantee uninterrupted service. We conduct scheduled maintenance with advance notice and may need to perform emergency maintenance when required. Technical support is available during business hours through multiple channels including email at support@salesflurry.ai. Premium support options are available for customers requiring enhanced support coverage. Uptime metrics are available upon request.

8.2 No Warranty

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, error-free operation, uninterrupted service, security features, or accuracy of AI-generated content. Flurry does not warrant the accuracy of data or content, completeness of information, results from Service use, satisfaction of your requirements, compatibility with your systems, or success of sales outreach activities.

8.3 Limitation of Liability

To the maximum extent permitted by law, Flurry's total liability is limited to the fees you paid in the prior 12 months. We are not liable for lost profits or revenues, indirect or consequential damages, data loss, or third-party claims. Furthermore, Flurry accepts no liability for business interruption, lost opportunities, reputation damage, replacement costs, special or punitive damages, or issues arising from third-party services. This limitation of liability represents a fundamental element of the basis of the bargain between Flurry and you.

8.4 Force Majeure

Flurry shall not be liable for any failure or delay in performance of its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, war or terrorism, government actions, internet service disruptions, power failures, or labor disputes. During such events, Flurry will provide reasonable updates about service status and recovery efforts. Service credits may be issued at Flurry's discretion, and termination rights may apply in cases of extended disruption. We will prioritize service restoration and communication during these events.

8.5 Insurance

Flurry maintains standard business insurance coverage, with details of coverage types and limits available upon request. However, we make no representation regarding the adequacy of this coverage for your specific needs. You are responsible for maintaining appropriate insurance coverage for your own business activities. In the event of a claim, you must report it promptly and cooperate with any investigation, including providing requested documentation. All claims must follow prescribed procedures and timelines.

9.1 Regulatory Compliance

You must comply with all applicable federal, state, and local laws, industry regulations, data protection laws, communications regulations, export control laws, and anti-spam regulations when using the Service. The Service is not intended for use with HIPAA-regulated data, FISMA requirements, GLBA-regulated information, PCI data, or other regulated data without Flurry's express written approval. Should your use of the Service become subject to regulatory requirements, you must notify Flurry immediately and obtain necessary approvals.

9.2 Export Controls

You may not export the Service to embargoed countries, restricted entities, or prohibited end users. You must comply with all U.S. export laws and obtain any required licenses before accessing the Service from outside the United States. You warrant that you are not located in a prohibited country, not on any restricted lists, not subject to export restrictions, and will comply with all applicable export controls. Flurry reserves the right to terminate service to any user to maintain export compliance.

9.3 Communications Laws

Your use of the Service must comply with all applicable communications regulations, including the CAN-SPAM Act, TCPA requirements, state communication laws, international messaging regulations, and Do-Not-Call regulations. Flurry provides tools to help maintain compliance, but you are solely responsible for ensuring all communications sent through the Service meet legal requirements. This includes maintaining appropriate consent records, honoring opt-out requests, and adhering to messaging frequency limitations.

9.4 Restricted Industries

The Service may not be used for illegal activities, adult content, gambling, cryptocurrency promotion, high-risk financial services, or other restricted industries as notified by Flurry. Additionally, the Service is not intended for use in emergency services, medical decisions, safety-critical systems, financial trading systems, or other mission-critical operations. Flurry reserves the right to refuse service to any industry or use case that we determine poses excessive risk or regulatory burden.

9.5 Compliance Monitoring

Flurry maintains the right to monitor for compliance with these Terms and may request verification of compliance at any time. You must maintain appropriate compliance records, report violations promptly, cooperate with investigations, implement corrective actions when required, and provide compliance certifications upon request. We may suspend service for violations and will cooperate with law enforcement agencies when required by law.

9.6 AI-Specific Compliance

When using Flurry's AI features, you must provide transparent AI disclosure where required by law or regulation. You may not misrepresent AI capabilities or violate any AI-specific regulations. All AI-generated communications must comply with applicable disclosure laws and maintain honesty in AI representations. Flurry implements responsible AI development practices and requires human oversight for certain AI functions. You must follow our AI usage guidelines and maintain appropriate controls over AI-generated content.

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any dispute arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Dover, Delaware. This choice of law provision applies to all aspects of the relationship between you and Flurry.

10.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any disputes informally by contacting Flurry. Flurry will attempt to resolve the dispute through customer service within thirty (30) days from the date of initial notification. Both parties agree to participate in the informal resolution process in good faith and make reasonable efforts to resolve any dispute before pursuing formal legal action.

10.3 Mandatory Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and all proceedings shall be conducted in Dover, Delaware. The arbitrator's decision shall be final and binding on both parties.

10.4 Class Action Waiver

You agree to resolve any disputes with Flurry on an individual basis and waive any right to participate in a class action, consolidated, or representative proceeding. Neither you nor Flurry may pursue any claim as a class representative, class member, or in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

10.5 Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, either party may seek emergency equitable relief in a court of competent jurisdiction to maintain the status quo pending arbitration. Additionally, claims of intellectual property infringement, unauthorized access to the Service, or violation of Flurry's security measures may be brought in a court of competent jurisdiction without first engaging in arbitration.

10.6 Arbitration Procedures

The arbitration will be conducted in the English language. The arbitrator will render a written decision stating the reasons for the award within sixty (60) days from the date of the close of the arbitration hearing. Each party shall bear its own costs of arbitration, including attorney's fees, unless the arbitrator determines that one party's position was frivolous or taken in bad faith, in which case that party may be ordered to pay the other party's costs and fees.

10.7 Time Limitation

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after such claim arose, regardless of any statute or law to the contrary. If a claim is not filed within this timeframe, it shall be permanently barred. This time limitation applies to all claims, whether based in contract, tort, or any other legal theory.

11.1 Entire Agreement

These Terms, together with any Order Forms, Service Level Agreements, and other documents expressly incorporated by reference, constitute the entire agreement between you and Flurry regarding the Service. These Terms supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written. Any terms provided by you, including in purchase orders or other ordering documents, shall have no force or effect unless expressly agreed to in writing by Flurry.

11.2 Assignment

Flurry may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. You may not assign or transfer your rights or obligations under these Terms without Flurry's prior written consent. Any attempted assignment or transfer in violation of this section shall be void. These Terms shall be binding upon and inure to the benefit of the parties' permitted successors and assigns.

11.3 Severability

If any provision of these Terms is found to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms, and all other provisions shall remain in full force and effect. The invalidity of any provision shall not affect the validity of these Terms as a whole.

11.4 No Waiver

Flurry's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term or condition shall be effective unless in writing and signed by an authorized representative of Flurry. Any waiver or failure to enforce any provision of these Terms on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

11.5 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Flurry. Neither party has the authority to bind the other or to incur obligations on the other's behalf. You and Flurry are independent contractors, and these Terms shall not be construed to create any association, partnership, joint venture, employment, or agency relationship between the parties.

11.6 Notice

All notices required or permitted under these Terms must be in writing and will be deemed effective upon: (a) personal delivery, (b) the second business day after mailing by certified or registered mail, return receipt requested, or (c) the first business day after sending by overnight courier. Notices to Flurry must be sent to support@salesflurry.ai or the physical address listed in Section 1. Flurry may provide notices to you through the Service, email, or your registered address.

12.1 Questions and Contact Information

If you have any questions about these Terms of Service, please contact us at support@salesflurry.ai. Our support team is available during business hours to assist with any inquiries about these Terms or the Service. For urgent matters requiring immediate attention, please reference your case number or account information in all communications.

12.2 Language and Interpretation

These Terms are written in English, and this English version controls in the event of any conflict with translated versions. Any translations provided are for convenience only. Headings and section titles in these Terms are for reference purposes only and do not define, limit, construe, or describe the scope of any provision. The word "including" means "including, but not limited to."

12.3 Survival

Even after your account is terminated, certain provisions of these Terms will remain in effect, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution terms, and any other provision that by its nature should survive termination. Your obligation to pay any outstanding fees will also survive termination.

12.4 Acknowledgment

By using the Service, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not understand any part of these Terms or do not agree to be bound by them, you must immediately discontinue use of the Service. These Terms were last updated on 4/29/2025 and are effective immediately for all users.