Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of the Flowgate platform operated by Flowgate Systems ("Flowgate", "we", "us"). By creating an account or using the service, you agree to be bound by these Terms.

If you do not agree, do not use the service. These Terms are governed by the laws of England and Wales.

2. The service

Flowgate provides an AI-powered DM qualification and appointment-booking tool for business coaches and course creators. The service connects to your ManyChat account, processes incoming Instagram and WhatsApp DM conversations using artificial intelligence, qualifies leads based on your criteria, may ask a lead for an email address before sending a booking link, and sends booking links when leads are ready.

Some features are optional and switched off by default, and you may enable them on your account:

• Outbound outreach: the bot sends the first message to people who take a warm action towards your account (comment, follow, story reply, or click a "send message" ad). It does not send cold, unsolicited messages. See section 5.
• AI meeting notetaker: where enabled and where the participant consents, records and transcribes the calls leads book with you, and uses AI to detect the deal outcome and value. See section 8a.

3. Eligibility

• You must be at least 16 years old.
• You must have the authority to bind the business entity you represent.
• You must have a valid ManyChat Pro account connected to an Instagram business or creator account.
• You must comply with Meta's Platform Terms and Instagram's Terms of Use.

4. Your account

You are responsible for maintaining the security of your account credentials. You must not share your login details with third parties. You are responsible for all activity that occurs under your account.

If you suspect unauthorised access, notify us immediately at info@nextdesignwebsite.com.

5. Acceptable use

You agree not to:

• Use Flowgate for any unlawful purpose or in violation of any applicable law.
• Send cold, unsolicited messages or spam, or use the outbound feature to message people who have not taken a warm action towards your account (a comment, follow, story reply, or ad click). Cold outreach to non-engagers is prohibited and may breach Meta's policies and the Privacy and Electronic Communications Regulations 2003 (PECR).
• Enable outbound messaging without ensuring you have a lawful basis for any direct marketing it involves, and without honouring opt-outs and objections.
• Attempt to circumvent security measures, reverse-engineer the platform, or access other clients' data.
• Use the service to process data of individuals under 16 years of age.
• Misrepresent AI-generated messages as human where disclosure is legally required.
• Use the service in a way that violates Meta's policies or could cause your or our accounts to be suspended.

6. Fees and payment

• Fees are as displayed on the pricing page at the time of subscription.
• All prices are in GBP and inclusive of VAT where applicable.
• Payments are processed by Stripe. By subscribing, you also agree to Stripe's terms.
• Subscriptions renew automatically at the end of each billing period (monthly or annually) unless cancelled.
• You may cancel at any time from your dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. No pro-rata refunds are given for partial periods.

7. Refund policy

Under the Consumer Contracts Regulations 2013, if you are a consumer, you have a 14-day cooling-off period from the date of subscription to request a full refund, provided you have not used the service to process any DM conversations during that period.

Outside the cooling-off period, refunds are at our discretion. Contact us if you believe you are entitled to a refund and we will consider your request fairly.

8. Your data responsibilities

When Flowgate processes Instagram DM conversations on your behalf, you are the data controller for your leads' personal data. You are responsible for:

• Having a lawful basis to process your leads' data (e.g., legitimate interest in responding to enquiries).
• Responding to data subject access requests from your leads.
• Ensuring your use of Flowgate complies with UK GDPR and any other data protection laws applicable to you.

We act as a data processor on your behalf and process lead data solely to deliver the agreed service. The terms of that processing are set out in our Data Processing Agreement, and the third parties we use are listed on our sub-processor page. See our Privacy Policy for details.

8a. Call recording (AI meeting notetaker)

If you enable the AI meeting notetaker, additional responsibilities apply. For recorded calls you are the data controller, and Flowgate is your processor. You are responsible for:

• Ensuring recording each call is lawful, and informing every participant that the call is being recorded and transcribed.
• Obtaining any consent required in the participant's jurisdiction. Some jurisdictions (including several US states) require the consent of every party to a call; you are responsible for compliance where your leads may be located outside the UK.
• Using the recording-consent question we provide on your booking form as configured, without altering its wording, and not attempting to record where consent has not been granted.
• Responding to any request from a participant to stop recording or delete a recording, and to data-subject-rights requests.

Flowgate will dispatch a recording bot only where consent is explicitly granted (fail-closed), does not create voiceprints or perform biometric identification, and does not reuse recordings or transcripts for its own purposes. This feature is off by default and is not enabled until you switch it on and the necessary legal steps are in place.

9. AI disclaimer and limitation of responsibility

Flowgate uses artificial intelligence to generate responses to DM conversations. While we strive for accuracy, AI-generated responses may occasionally be incorrect, inappropriate, misleading, or not aligned with your expectations.

You acknowledge and agree that Flowgate Systems is not responsible or liable for any loss, damage, harm, or consequence - whether direct, indirect, financial, reputational, or otherwise - arising from or related to:

• Any AI-generated message, response, or action taken by the bot on your behalf.
• Inaccurate, misleading, or inappropriate responses sent to your leads or followers.
• Loss of leads, missed bookings, or failed conversions resulting from AI behaviour.
• Damage to your brand, reputation, or client relationships caused by AI-generated content.
• Any violation of third-party terms (including Meta's or Instagram's policies) resulting from AI-generated messages.
• Decisions made by leads or third parties based on AI-generated communications.

You accept full responsibility for all conversations conducted through your connected account. You are responsible for:

• Reviewing and customising your bot's prompt to reflect your brand and qualification criteria.
• Monitoring your leads dashboard regularly and intervening where necessary.
• Ensuring AI-generated messages are appropriate for your audience and comply with applicable laws.

We do not guarantee any specific conversion rate, number of bookings, or revenue outcome. The service is provided as a tool to assist you, and the ultimate responsibility for its use and output rests with you.

10. Service availability

We aim for high availability but do not guarantee uninterrupted service. The service depends on third-party platforms (including ManyChat, Instagram, WhatsApp, OpenAI, and—for the notetaker—Recall.ai) which are outside our control.

We may suspend access for maintenance, security incidents, or if you breach these Terms. We will provide reasonable notice where possible.

11. Intellectual property

The Flowgate platform, branding, code, and documentation are owned by Flowgate Systems. You may not copy, modify, distribute, or create derivative works of any part of the service.

Your content (prompts, business information, conversation data) remains yours. You grant us a limited licence to process it solely to deliver the service.

12. Limitation of liability

To the maximum extent permitted by law:

• Flowgate is provided "as is" without warranties of any kind, express or implied.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity.
• Our total aggregate liability for any claim arising from the service shall not exceed the fees you paid in the 12 months preceding the claim.
• Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under English law.

13. Indemnification

You agree to indemnify and hold harmless Flowgate Systems from any claims, losses, or damages arising from: (a) your breach of these Terms, (b) your use of the service, (c) your violation of any third party's rights, or (d) any claim by a lead or third party related to your DM conversations.

14. Termination

• You may close your account at any time by contacting us.
• We may suspend or terminate your account immediately if you breach these Terms, engage in abusive behaviour, or if your use poses a risk to the platform or other users.
• On termination, we will delete your data within 30 days, except where retention is required by law (see Privacy Policy).

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via email at least 14 days before taking effect. Continued use after changes constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, you retain any mandatory consumer rights granted by the law of your country of residence.

17. Contact

Questions about these Terms? Email us at info@nextdesignwebsite.com.