Effective date: December 2025
Company:
Subflare OÜ (Estonia, EU)
Sepapaja 6
Lasnamäe 15551
Tallinn, Harju County
Estonia
1. 1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the products and services provided by Subflare OÜ (“Subflare”, “we”, “our”, or “us”) through our website, web application, APIs, integrations, and tracking scripts (collectively, the “Service”).By creating an account, subscribing to a plan, signing an order form, or otherwise using the Service, you (“Customer” or “you”) agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement (DPA), where applicable.If you use the Service on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, “you” refers to both you and that entity.If you do not agree to these Terms, you may not use the Service.
2. The Service
Subflare provides website analytics, behavioral tracking, and AI-driven visitor intent scoring tools designed to help businesses understand and act on website engagement.The Service may include:Website tracking scripts and SDKsCRM, newsletter, and email automation integrationsHeatmaps, engagement reports, and dashboardsAI-powered behavioral scoring and prediction toolsCustomer onboarding and support servicesOptional professional services or custom integrationsWe may modify, enhance, or discontinue features at any time. We do not guarantee that all features will remain available indefinitely.
3. Account
Registration and Access
To use the Service, you must create an account.
You agree to:
- Provide accurate, complete, and current information
- Maintain and promptly update account information
- Keep login credentials secure and confidential
-Accept responsibility for all activity under your account
- You must promptly notify us of any unauthorized use of your account.
We may suspend or terminate accounts that:
- Violate these Terms
- Violate applicable laws
- Pose security or compliance risks
- Fail to pay applicable fees
4. Customer Data and Privacy
4.1 Data Ownership
You retain all rights, title, and interest in and to all data submitted to or collected through the Service (“Customer Data”), including visitor interaction data.
Subflare does not sell Customer Data.
4.2 Data Processing
You grant Subflare a limited, non-exclusive license to process Customer Data solely to:
- Provide and maintain the Service
- Improve system functionality and performance
- Generate anonymized and aggregated analytics
- Ensure system integrity, security, and complianceProcessing is conducted in accordance with:
- Our Data Processing Agreement (DPA)
- The EU General Data Protection Regulation (GDPR)
- Other applicable data protection laws
4.3 Visitor ConsentYou are solely responsible for:
- Obtaining valid consent from your website visitors where required
- Implementing appropriate cookie banners or consent management tools
- Configuring the Service in compliance with applicable privacy laws
- Subflare does not act as your legal advisor and does not guarantee regulatory compliance.
4.4 Data Security
We implement appropriate technical and organizational security measures, including:
- Encryption in transit
- Access controls
- Infrastructure security safeguards
- Additional details are provided in our Privacy Policy and DPA.
5. License and Acceptable Use
5.1 License Grant
Subject to these Terms and payment of applicable fees, Subflare grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service for your internal business purposes.
5.2 Restrictions
You may not:
- Reverse engineer, copy, modify, or create derivative works of the Service
- Attempt to access source code or underlying algorithms
- Use the Service to collect or process sensitive personal data (e.g., health, biometric, or financial account information)
- Resell, sublicense, or share access without written permission
- Use the Service in violation of privacy, data protection, or anti-spam lawsInterfere with system integrity or security
6. Fees and Payment
Paid plans are billed according to your selected subscription or signed order form.Fees are payable in advance.Unless otherwise stated, fees are non-refundable.Invoices are due within 14 days of issue.Taxes (including VAT) may apply where required.Usage limits and pricing are described on our pricing page or order form.We may suspend or restrict access for non-payment after reasonable notice.Founding customer pricing (if applicable) remains valid according to the terms specified in the relevant order form.
7. Intellectual Property
All intellectual property rights in and to the Service, including:SoftwareAI models and algorithmsDashboards and analytics frameworksBranding and design assetsare owned exclusively by Subflare OÜ.No rights are granted except as expressly stated in these Terms.We may use feedback, suggestions, or recommendations you provide without obligation or compensation.
8. Confidentiality
Each party agrees to:
- Protect the other party’s confidential information
- Use such information solely for purposes related to the Service
- Restrict access to employees, contractors, or advisors with a need to know
- Not disclose confidential information unless required by law
Confidentiality obligations survive termination for three (3) years.
9. Term and Termination
These Terms remain in effect while your account is active.Either party may terminate:For material breach with 30 days’ written notice if the breach is not curedImmediately for unlawful conduct or serious violationUpon termination:
- Access to the Service will cease
- Customer Data will be deleted or anonymized in accordance with our retention policies and DPA
- Prepaid fees are non-refundable unless termination results from Subflare’s material breach
10. Warranties and Disclaimers
The Service is provided “as is” and “as available”.To the maximum extent permitted by law:We do not guarantee uninterrupted or error-free operationWe do not guarantee specific performance resultsWe disclaim all implied warranties, including merchantability and fitness for a particular purpose
11. Limitation of Liability
To the maximum extent permitted by law:
-Subflare’s total aggregate liability arising out of or relating to the Service is limited to the total fees paid by you in the 12 months preceding the claim.We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data.Nothing in these Terms excludes liability for:
- Fraud
- Gross negligence
- Willful misconduct
- Liability that cannot legally be limited
12. Indemnification
You agree to indemnify and hold harmless Subflare OÜ from claims, damages, losses, and expenses arising from:Your unlawful use of the ServiceYour violation of applicable lawsYour infringement of third-party rights
13. Third-Party Services and Integrations
The Service may integrate with third-party tools and platforms, including but not limited to:
- Close
- Brevo
- Apollo
- Webflow
- AWS
Your use of third-party services is governed by their respective terms.Subflare is not responsible for interruptions, errors, or data issues caused by third-party providers.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Estonia.Any disputes arising out of or relating to these Terms shall be resolved exclusively in Harju County Court (Tallinn, Estonia).Before initiating formal proceedings, you agree to attempt good-faith resolution by contacting:
legal@subflare.ai
15. Changes to Terms
We may update these Terms due to legal, operational, or product changes.Material updates will be communicated at least 15 days in advance.Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. Contact Information
For legal, compliance, or contractual inquiries:
legal@subflare.ai
Subflare OÜ
Sepapaja 6
Lasnamäe 15551
Tallinn, Harju County
Estonia
