Terms of Service

Subflare OÜ — AI-Powered Behavioral Intelligence Platform
Effective Date: February 20, 2026
Last Updated: February 20, 2026

Company:
Subflare OÜ
Registry Code:
17370853, Sepapaja 6, Lasnamäe 15551, Tallinn, Harju County, Estonia

1. Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Subflare OÜ (“Subflare,” “we,” “our,” or “us”), a company incorporated in Estonia (EU), governing your access to and use of the products and services we provide through our website, web application, application programming interfaces (APIs), integrations, tracking scripts, and any related software or tools (collectively, the “Service”).By creating an account, subscribing to a plan, executing an order form, or otherwise accessing or using the Service, you (“Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Data Processing Agreement (“DPA”), each of which is incorporated herein by reference.If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, “you” and “your” refer to both you individually and the entity you represent.If you do not agree to these Terms, you must not access or use the Service.
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2. Definitions
For the purposes of these Terms, the following definitions apply:“Authorized Users” means the individuals you authorize to access and use the Service under your account, subject to the limits of your subscription plan.“Customer Data” means all data, information, and content submitted to, collected through, or generated by your use of the Service, including visitor behavioral data, analytics outputs, and integration data.“Documentation” means user guides, API references, knowledge base articles, and other technical materials we make available regarding the Service.“Order Form” means any ordering document, subscription confirmation, or statement of work executed by the parties that references these Terms.“Service” means the Subflare platform, including all software, APIs, integrations, tracking scripts, dashboards, and related tools provided by Subflare.“Subscription Term” means the period during which you are authorized to use the Service, as specified in your Order Form or subscription plan.

3. The Service

3.1 Service Description
Subflare provides an AI-powered behavioral intelligence platform that enables businesses to analyze website engagement, predict visitor intent, and optimize revenue outcomes. The Service may include, without limitation:
- Website tracking scripts and software development kits (SDKs)CRM, newsletter, and email automation integrations
- Behavioral heatmaps, engagement analytics, and reporting dashboards
- AI-powered visitor scoring, intent prediction, and revenue forecasting tools
- Customer onboarding, training, and technical support services
- Optional professional services, custom integrations, or implementation assistance

3.2 Service Modifications
We continuously improve and evolve the Service. We reserve the right to modify, enhance, update, or discontinue any feature or functionality of the Service at any time. For material changes that adversely affect your use of the Service, we will use commercially reasonable efforts to provide advance notice. We do not guarantee that any specific feature will remain available indefinitely.

3.3 Service AvailabilityWe strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance where practicable. Our target uptime and any applicable service level commitments are set forth in the applicable Order Form or service level agreement (“SLA”), if any.

4. Account Registration and Access
4.1 Account CreationTo access the Service, you must create an account and provide accurate, complete, and current registration information. You agree to:Provide truthful, accurate, and current information during registration and maintain such information throughout the Subscription TermKeep all login credentials, passwords, and API keys secure and confidentialAccept full responsibility for all activities that occur under your account, whether or not authorized by youPromptly notify Subflare at security@subflare.ai of any unauthorized access to or use of your account

4.2 Account Restrictions
We reserve the right to suspend, restrict, or terminate your account if we reasonably determine that:You have violated any provision of these Terms or applicable lawYour use of the Service poses a security, compliance, or operational risk to Subflare or other customersYou have failed to pay applicable fees after reasonable notice and an opportunity to cureYour account has been inactive for a period exceeding twelve (12) consecutive months

5. Customer Data and Privacy

5.1 Data Ownership
You retain all rights, title, and interest in and to your Customer Data. Subflare acquires no ownership rights in Customer Data by virtue of these Terms or the provision of the Service. Subflare does not sell, rent, or trade Customer Data to third parties.

5.2 License to Process
You grant Subflare a limited, non-exclusive, worldwide license to access, process, use, and display Customer Data solely to the extent necessary to:Provide, operate, and maintain the ServiceImprove system functionality, performance, and reliabilityGenerate anonymized and aggregated analytics and benchmarks that do not identify you or your end usersEnsure system integrity, security, and compliance with applicable lawFulfill our obligations under these Terms and applicable Order Forms

5.3 Data Processing Compliance
All processing of Customer Data is conducted in accordance with:Our Data Processing Agreement (DPA), available upon requestThe EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)The ePrivacy Directive (Directive 2002/58/EC) as applicableOther applicable data protection and privacy laws in the jurisdictions where Customer Data is collected or processed

5.4 Visitor Consent and Compliance
You are solely responsible for ensuring that your use of the Service complies with all applicable privacy and data protection laws. Without limiting the foregoing, you shall:
- Obtain and maintain all necessary consents, authorizations, and legal bases for the collection and processing of visitor data through the Service
- Implement and maintain appropriate cookie consent banners, consent management platforms, or equivalent mechanisms as required by applicable law
- Configure the Service in accordance with applicable legal requirements and your own privacy policy
- Ensure that your privacy policy accurately discloses your use of analytics and behavioral tracking tools, including SubflareSubflare does not provide legal advice and makes no representations or warranties regarding your regulatory compliance obligations.

5.5 Data Security
We implement and maintain appropriate technical and organizational security measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. These measures include, without limitation:
- Encryption of data in transit (TLS 1.2+) and at rest
- Role-based access controls and multi-factor authentication for internal systems
- Infrastructure security safeguards, including network segmentation and intrusion detection
- Regular security assessments and vulnerability managementIncident response procedures and breach notification protocols as detailed in our DPA

5.6 Data Retention and Deletion
Upon termination or expiration of these Terms, Subflare will retain Customer Data for a period of thirty (30) days to facilitate data export. Thereafter, Customer Data will be deleted or anonymized in accordance with our data retention policies and the DPA, except as required by applicable law or regulation.

6. Artificial Intelligence and Machine Learning

6.1 AI-Powered Features
The Service incorporates artificial intelligence and machine learning (“AI/ML”) capabilities to generate behavioral scores, intent predictions, revenue forecasts, and other analytical outputs (“AI Outputs”). AI Outputs are generated algorithmically based on available data and statistical models.

6.2 No Guarantee of AccuracyAI Outputs are probabilistic in nature and are provided for informational and decision-support purposes only. Subflare does not guarantee the accuracy, completeness, reliability, or suitability of any AI Output for any particular purpose. You acknowledge and agree that:
-AI Outputs should be used as one factor among many in your business decision-making processesSubflare shall not be liable for any decisions made or actions taken in reliance on AI OutputsAI models may be updated, retrained, or replaced, which may affect the consistency of AI Outputs over time

6.3 Model Training
Subflare may use anonymized and aggregated Customer Data to train, validate, and improve its AI/ML models. Such data will be de-identified in accordance with applicable law such that it cannot reasonably be used to identify you or any individual. You may opt out of model training by contacting us at privacy@subflare.ai, subject to the terms of your applicable Order Form.

7. License and Acceptable Use

7.1 License Grant
Subject to these Terms and the timely payment of all applicable fees, Subflare grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service during the Subscription Term solely for your internal business purposes and in accordance with the Documentation and any applicable usage limits.

7.2 Restrictions
Except as expressly permitted under these Terms, you shall not, and shall not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works based on the Service or any component thereof
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or data models of the Service
- Access or use the Service to build a competing product or service, or for benchmarking or competitive analysis purposes
- Use the Service to collect, process, or store sensitive personal data, including health records, biometric data, financial account numbers, or government-issued identification numbers, unless expressly authorized in writing
- Resell, sublicense, distribute, lease, or otherwise make the Service available to any third party without Subflare’s prior written consent
- Use the Service in violation of applicable privacy, data protection, anti-spam, or consumer protection lawsIntroduce any viruses, malware, or other harmful code into the Service, or interfere with or disrupt the integrity, performance, or security of the Service or any related systems
- Exceed the usage limits, API rate limits, or other restrictions specified in your subscription plan or Order Form
- Remove, alter, or obscure any proprietary notices, trademarks, or branding displayed within the Service

8. Fees and Payment

8.1 Subscription Fees
You agree to pay all fees specified in your subscription plan or Order Form (“Fees”). All Fees are quoted in euros (€) unless otherwise specified and are payable in advance for each billing period.

8.2 Invoicing and Payment Terms
Invoices are due and payable within fourteen (14) calendar days of the invoice date, unless otherwise specified in the applicable Order Form. Subflare reserves the right to charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less), calculated from the due date until the date of payment.

8.3 Taxes
All Fees are exclusive of applicable taxes, levies, and duties, including value-added tax (VAT). You are responsible for the payment of all such taxes, except for taxes based on Subflare’s net income. Where Subflare is required to collect or remit taxes, such amounts will be invoiced in addition to the Fees.

8.4 Price Changes
Subflare may adjust pricing for the Service upon thirty (30) days’ prior written notice. Price changes will take effect at the start of your next billing period following the notice period. Founding customer pricing, where applicable, remains valid in accordance with the terms specified in the relevant Order Form.

8.5 Refunds
Fees are generally non-refundable. Refunds or credits may be issued at Subflare’s sole discretion or as expressly provided in the applicable Order Form.

8.6 Suspension for Non-Paymen
tSubflare may suspend or restrict access to the Service for non-payment after providing at least seven (7) days’ written notice and a reasonable opportunity to cure. Suspension does not relieve you of your obligation to pay outstanding Fees.

9. Intellectual Property

9.1 Subflare IPAll intellectual property rights in and to the Service, including but not limited to software, AI/ML models and algorithms, dashboards, analytics frameworks, APIs, Documentation, branding, trade secrets, and all improvements, enhancements, and derivative works thereof, are and shall remain the exclusive property of Subflare OÜ. No rights are granted to you except as expressly set forth in these Terms.

9.2 Feedback
If you provide Subflare with any feedback, suggestions, ideas, or recommendations regarding the Service (“Feedback”), you hereby grant Subflare a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into the Service or any other product without restriction, attribution, or compensation.

9.3 Customer MarksSubject to your prior written consent, Subflare may use your name, logo, and trademarks solely for the purpose of identifying you as a customer in marketing materials, case studies, and on our website. You may revoke this consent at any time by providing written notice to marketing@subflare.ai.

10. Confidentiality
10.1 Definition“Confidential Information” means any non-public information disclosed by one party (“Discloser”) to the other party (“Recipient”) in connection with these Terms, whether in written, oral, electronic, or other form, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

10.2 Obligations
The Recipient agrees to:Protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable careUse Confidential Information solely for purposes of exercising rights or fulfilling obligations under these TermsRestrict access to Confidential Information to employees, contractors, and advisors who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those hereinNot disclose Confidential Information to any third party without the Discloser’s prior written consent, except as required by applicable law or legal process, provided the Recipient gives prompt notice to the Discloser where legally permitted

10.3 Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Recipient; (b) was already known to the Recipient prior to disclosure; (c) is independently developed by the Recipient without reference to the Discloser’s Confidential Information; or (d) is rightfully received from a third party without restriction.

10.4 Survival
Confidentiality obligations under this Section shall survive the termination or expiration of these Terms for a period of three (3) years, or for as long as the information remains a trade secret under applicable law, whichever is longer.

11. Term and Termination

11.1 Term
These Terms become effective when you first access or use the Service and remain in effect for the duration of your Subscription Term. Subscription Terms will automatically renew for successive periods of equal duration unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Subscription Term.

11.2 Termination for Cause
Either party may terminate these Terms:For material breach, upon thirty (30) days’ written notice if the breach remains uncured at the end of such notice periodImmediately, if the other party becomes subject to insolvency proceedings, makes an assignment for the benefit of creditors, or ceases to operate in the ordinary course of businessImmediately, for unlawful conduct, a serious violation of these Terms, or any act that poses an imminent risk to the security or integrity of the Service

11.3 Termination for Convenience
You may terminate your subscription at any time by providing written notice to support@subflare.ai. Termination for convenience will take effect at the end of the then-current billing period. No refunds will be issued for the remaining portion of a prepaid Subscription Term unless otherwise specified in the applicable Order Form.

11.4 Effects of TerminationUpon termination or expiration of these Terms:All rights and licenses granted to you hereunder shall immediately ceaseYou shall promptly cease all use of the Service and remove all Subflare tracking scripts and SDKs from your propertiesSubflare will make Customer Data available for export for thirty (30) days following termination, after which Customer Data will be deleted or anonymized in accordance with Section 5.6Any outstanding Fees for the Subscription Term remain due and payablePrepaid Fees are non-refundable unless termination results from Subflare’s uncured material breach

11.5 Survival
Sections relating to Definitions, Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Governing Law, and any provisions that by their nature should survive, shall survive termination or expiration of these Terms.

12. Warranties and Disclaimers
12.1 Mutual Warranties
Each party represents and warrants that: (a) it has the legal power and authority to enter into these Terms; (b) these Terms constitute a valid and binding obligation, enforceable against such party in accordance with its terms; and (c) it will comply with all applicable laws in connection with the performance of its obligations hereunder.

12.2 Subflare Warranties
Subflare warrants that: (a) the Service will perform materially in accordance with the Documentation during the Subscription Term; and (b) Subflare will provide the Service using commercially reasonable skill and care. Your sole and exclusive remedy for a breach of this warranty is, at Subflare’s option: (i) correction of the non-conforming Service; or (ii) termination of the affected subscription and a pro-rata refund of prepaid Fees for the unused portion of the Subscription Term.

12.3 Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBFLARE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SUBFLARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY AI OUTPUT WILL BE ACCURATE OR COMPLETE.

13. Limitation of Liability
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13.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBFLARE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO SUBFLARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.2 Exclusion of Consequential Damages
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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13.3 Exceptions
Nothing in these Terms shall exclude or limit liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; (c) gross negligence or willful misconduct; (d) your payment obligations under these Terms; or (e) any liability that cannot be lawfully limited or excluded under applicable law.

14. Indemnification
14.1 Your IndemnificationYou agree to indemnify, defend, and hold harmless Subflare OÜ, its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:Your use of the Service in violation of these Terms or applicable lawYour violation of any third-party rights, including intellectual property, privacy, or publicity rightsCustomer Data or any content you submit to or transmit through the ServiceYour failure to obtain required consents or legal bases for data processing
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14.2 Subflare Indemnification
Subflare shall indemnify, defend, and hold harmless you from and against any third-party claim that the Service, as provided by Subflare and used in accordance with these Terms, infringes any third-party intellectual property right, provided that you: (a) promptly notify Subflare in writing of such claim; (b) grant Subflare sole control of the defense and settlement; and (c) provide reasonable cooperation at Subflare’s expense. If the Service is found or believed to infringe, Subflare may, at its sole option: (i) obtain the right for you to continue using the Service; (ii) modify the Service to be non-infringing; or (iii) terminate the affected subscription and refund prepaid Fees for the unused Subscription Term.

15. Third-Party Services and Integrations
The Service may interoperate with or integrate with third-party applications, platforms, and services, including but not limited to Close, Brevo, Apollo, Webflow, and Amazon Web Services (AWS). Your use of any third-party service is governed exclusively by such third party’s terms of service and privacy policy.Subflare is not responsible for the availability, accuracy, security, or performance of any third-party service, nor for any data loss, corruption, or breach arising from the interaction between the Service and third-party services. Any third-party integration is provided “as is” and “as available” without warranty of any kind.

16. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from circumstances beyond the affected party’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, governmental actions, labor disputes, power outages, internet or telecommunications failures, or third-party service disruptions. The affected party shall use commercially reasonable efforts to mitigate the impact of any force majeure event and shall promptly notify the other party of the event and its expected duration.

17. Governing Law and Dispute Resolution
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17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

17.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved as follows:Good-Faith Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation by contacting legal@subflare.ai. Each party shall designate a representative with authority to negotiate and settle the dispute.Mediation: If the dispute is not resolved within thirty (30) days of the initial written notice, either party may submit the dispute to mediation administered by a mutually agreed-upon mediator in Tallinn, Estonia.Litigation: If mediation is unsuccessful or not pursued, any dispute shall be submitted to the exclusive jurisdiction of the courts of Harju County (Tallinn, Estonia).

18. General Provisions

18.1 Entire Agreement
These Terms, together with the Privacy Policy, DPA, and any applicable Order Forms, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, representations, and communications, whether written or oral.

18.2 Amendments
Subflare may update or modify these Terms to reflect legal, regulatory, operational, or product changes. Material updates will be communicated at least fifteen (15) days in advance via email or in-app notification. Your continued use of the Service after the effective date of any amendment constitutes your acceptance of the updated Terms. If you do not agree to the amended Terms, your sole remedy is to terminate your subscription in accordance with Section 11.3.

18.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.18.4 WaiverThe failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

18.5 Assignment
You may not assign or transfer these Terms, or any rights or obligations hereunder, without Subflare’s prior written consent. Subflare may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent. Any attempted assignment in violation of this Section shall be void.

18.6 No Third-Party Beneficiaries
These Terms do not confer any rights, benefits, or remedies on any third party, unless expressly stated otherwise.

18.7 Notices
All notices under these Terms shall be in writing and delivered by email to the following addresses: (a) to Subflare: legal@subflare.ai; (b) to you: the email address associated with your account. Notices are deemed received upon confirmed delivery.

18.8 Independent Contractors
The relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

18.9 Export Compliance
You shall comply with all applicable export control and sanctions laws and regulations in connection with your use of the Service. You represent and warrant that you are not located in, or a resident or national of, any country subject to comprehensive sanctions, and that you are not listed on any applicable restricted party list.
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19. Contact Information
For legal, compliance, or contractual inquiries, please contact:Subflare OÜSepapaja 6, Lasnamäe 15551Tallinn, Harju County, Estonia
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Legal Inquiries: legal@subflare.ai
Privacy Inquiries: privacy@subflare.ai
Security Reports: security@subflare.ai
General Support: support@subflare.ai

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Address:
Sepapaja 6
Lasnamäe 15551
Tallinn, Harju County
Estonia

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