1. Agreement and operator
These Terms of Service (the “Terms”) form a binding agreement between the person or organization using ReachFlow (“Customer,” “you,” or “your”) and PixelCode Studio Inc., an Ontario corporation, operating the ReachFlow service (“ReachFlow,” “we,” “us,” or “our”).
By creating an account, purchasing a plan, clicking to accept these Terms, or using the service, you confirm that you have authority to bind the Customer and agree to these Terms, the Acceptable Use Policy, Anti-Spam Policy, Privacy Policy, and any order or plan details shown in the application.
2. The service
ReachFlow provides hosted tools for email marketing, audience and subscriber management, campaign creation, automation, templates, reporting, and related administrative functions. Features may vary by plan and may change as the service evolves.
ReachFlow is not a legal, compliance, or deliverability advisory service. Customer remains responsible for determining whether its collection, processing, and messaging activities comply with applicable law.
3. Eligibility and account registration
- You must be legally capable of entering into this agreement and be at least the age of majority where you reside.
- You must provide accurate, current, and complete registration and billing information.
- You are responsible for all users, credentials, API keys, sender identities, and activity associated with your account.
- You must promptly notify us at support@pixelcode.ca if you suspect unauthorized access or credential compromise.
4. Customer responsibilities
You are solely responsible for:
- the legality, accuracy, quality, and source of Customer Data and campaign content;
- obtaining and documenting all required consents and lawful bases;
- providing legally required sender identification, contact details, disclosures, and unsubscribe mechanisms;
- honouring opt-outs, suppression records, privacy requests, and data-subject rights;
- maintaining appropriate privacy notices and agreements with your subscribers and end users;
- ensuring that your users and contractors comply with these Terms.
You must not upload or send to purchased, rented, scraped, harvested, appended, or otherwise unlawfully obtained lists.
5. Plans, fees, taxes, and payment
Plan descriptions, usage limits, billing periods, and prices are shown in the ReachFlow application or in an applicable order. Fees are charged in advance unless stated otherwise. You authorize us and our payment provider to charge the payment method associated with your account for recurring fees, usage charges, taxes, and other amounts due.
Fees are non-refundable except where required by law or expressly stated in writing. We may change pricing or plan features by providing reasonable advance notice. Taxes, duties, and government charges are your responsibility, excluding taxes based on our net income.
Past-due accounts may be restricted or suspended. You remain responsible for accrued charges through the effective date of cancellation or termination.
6. Usage limits and fair use
Your plan may include limits on subscribers, campaigns, storage, sending volume, users, automation, or other resources. We may throttle, reject, queue, or suspend activity that exceeds plan limits, creates operational risk, threatens deliverability, or adversely affects other customers or infrastructure.
7. Customer Data and ownership
As between the parties, Customer retains ownership of Customer Data and Customer content. Customer grants ReachFlow a limited, worldwide right to host, copy, transmit, display, transform, and otherwise process Customer Data solely as necessary to provide, secure, support, and improve the service; prevent abuse; comply with law; and enforce these Terms.
ReachFlow and its licensors retain all rights in the service, software, documentation, branding, designs, and related intellectual property. No rights are granted except as expressly stated.
8. Privacy and data processing
Our handling of account and website information is described in the Privacy Policy. Where ReachFlow processes personal information on Customer’s behalf, the Data Processing Addendum applies.
Customer acknowledges that service providers may process data in Canada, the United States, or other jurisdictions, subject to contractual, technical, and organizational safeguards.
9. Security
We maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the service. Customer is responsible for secure configuration, strong authentication, least-privilege access, endpoint security, credential protection, and timely removal of former users.
No internet service is completely secure. You must not rely on ReachFlow for information requiring protections beyond those expressly agreed in writing.
10. Acceptable use and anti-spam enforcement
You must comply with the Acceptable Use Policy and Anti-Spam Policy. We may use automated and manual review, rate controls, suppression controls, and complaint or bounce monitoring to protect recipients, infrastructure, and sender reputation.
We may require evidence of consent, list provenance, business identity, sender authorization, or campaign purpose. Failure to provide satisfactory evidence may result in blocked sends, restrictions, suspension, or termination.
11. Third-party services
The service may depend on or interoperate with third-party infrastructure, payment, email-delivery, DNS, analytics, authentication, or integration providers. Your use of third-party services may be governed by their own terms. We are not responsible for third-party products, outages, policy changes, or acts outside our reasonable control.
12. Beta and preview features
Features identified as beta, preview, experimental, or early access may be incomplete, changed, or discontinued without notice. They are provided “as is” and should not be used for critical workloads.
13. Suspension
We may immediately suspend or restrict some or all service access where we reasonably believe:
- Customer has violated these Terms or applicable law;
- activity presents a security, abuse, fraud, deliverability, complaint, or reputation risk;
- suspension is required by a provider, regulator, court, or law-enforcement authority;
- fees are overdue; or
- continued use could harm recipients, other customers, or the service.
Where practical and lawful, we will provide notice and an opportunity to cure. We may preserve evidence and suppression records necessary for legal, security, and abuse-prevention purposes.
14. Termination and data export
You may cancel through the application where available or by contacting us. We may terminate the agreement for material breach, repeated policy violations, prolonged non-payment, legal requirement, or discontinuation of the service.
Before termination, Customer should export Customer Data using available tools. Following termination, we may delete or anonymize Customer Data after a reasonable retention period, subject to backups, legal obligations, fraud prevention, security records, and suppression requirements. We are not obligated to retain data indefinitely.
15. Confidentiality
Each party will protect the other party’s non-public information using reasonable care and use it only for the agreement. Confidentiality obligations do not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source. Disclosure may be made where required by law after notice where legally permitted.
16. Feedback
If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you without permission.
17. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” REACHFLOW DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, AND RESULTS.
We do not guarantee inbox placement, open rates, campaign performance, uninterrupted service, preservation of every message or report, or acceptance by any third-party network or mailbox provider.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
REACHFLOW’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO REACHFLOW FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These exclusions do not apply where prohibited by law.
19. Indemnity
Customer will defend, indemnify, and hold harmless ReachFlow, PixelCode Studio Inc., and their personnel from third-party claims, losses, penalties, liabilities, and reasonable costs arising from Customer Data, campaign content, recipient claims, unlawful messaging, infringement, privacy violations, or Customer’s breach of these Terms.
20. Governing law and disputes
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The courts located in Ontario, Canada will have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent jurisdiction.
21. Changes
We may update these Terms from time to time. Material changes will be communicated through the service, by email, or by posting an updated effective date. Continued use after the effective date constitutes acceptance where permitted by law.
22. General
These Terms and incorporated documents are the entire agreement regarding the service. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. Customer may not assign the agreement without our written consent; we may assign it in connection with a reorganization, sale, or transfer of the service. Neither party is liable for delay caused by events beyond reasonable control.
23. Contact
Legal, billing, security, and policy questions may be sent to support@pixelcode.ca.