Terms of Use

These Terms of Use ("Terms") govern your access to and use of Flam, including our websites, applications and related services (together, the "Service").

Flam is operated by Flam Labs Ltd, a company registered in England and Wales under company number 17480585, whose registered office is at Primrose Cottage, Eversley Centre, Hook, Hampshire, RG27 0NF, United Kingdom ("Flam", "we", "us" or "our").

By creating a Flam account, accessing or using the Service, you agree to these Terms.

If you create an account on behalf of a business or other organisation, you confirm that you have authority to accept these Terms on its behalf.

Flam is intended for business and professional use only and is not offered for personal or consumer use.

1. What Flam does

Flam provides software designed to help service businesses manage parts of their customer journey, including enquiries, communications, quotes, payments and bookings.

Flam provides software tools only.

We are not a party to any agreement between you and your customers and we do not provide the underlying services that you sell through Flam.

You remain entirely responsible for:

• your business;
• the services you advertise or provide;
• information, prices and availability you give customers;
• quotes and payment requests;
• contracts between you and your customers;
• fulfilling bookings;
• cancellations and refunds;
• taxes;
• compliance with laws applicable to your business; and
• resolving disputes with your customers.

Use of Flam does not create any partnership, agency, employment, franchise or joint venture relationship between you and Flam.

2. Your account

You must provide accurate information when creating your account and keep that information reasonably up to date.

You are responsible for maintaining the security of your account, passwords, authentication methods and devices.

You are responsible for activity carried out through your account by you, your employees, contractors, team members or anyone else to whom you grant access.

You must notify us promptly if you believe your account has been compromised.

We are not responsible for losses resulting from your failure to adequately protect access to your account.

3. Your customers

You are responsible for your relationship with your customers.

This includes ensuring that:

• your descriptions and prices are accurate;
• you are available to fulfil accepted bookings;
• your cancellation and refund policies are lawful and clearly communicated;
• any terms you present to customers are appropriate;
• you obtain any consents required by law;
• you fulfil the services customers purchase from you; and
• you handle complaints and disputes appropriately.

A booking, payment, notification or other status displayed by Flam does not independently guarantee that a legally binding contract exists between you and your customer.

You are responsible for determining the contractual effect of transactions conducted through Flam.

4. Quotes, bookings and payments

Flam may allow you to create quotes, request payments and record or confirm bookings.

You are responsible for checking all information before sending it to a customer.

This includes:

• prices;
• services;
• dates;
• deposits;
• balances;
• discounts;
• taxes;
• payment amounts; and
• booking details.

You should not rely solely on Flam to determine whether money is owed, has been received or remains outstanding.

Software can fail. Notifications can fail to arrive. Payment providers can experience delays or outages. Data may occasionally be incorrect or temporarily unavailable.

You remain responsible for maintaining appropriate business and financial records and checking important transactions where necessary.

5. Payments and Stripe

Payment functionality within Flam may be provided through Stripe or other third-party payment providers.

When using payment functionality, you may also be entering into a separate agreement directly with that payment provider and must comply with its terms.

Flam is not a bank, payment institution, card issuer or financial adviser.

Where Stripe Connect or a similar service is used, payments may be processed directly through your connected payment account.

We do not guarantee:

• that a payment will succeed;
• when funds will become available;
• that a payment cannot subsequently be disputed;
• that a customer will not initiate a chargeback;
• that a payment provider will continue providing services to you; or
• that a payment provider will not suspend or restrict your account.

You are responsible for refunds, disputes, chargebacks, taxes and obligations arising from payments received from your customers except where applicable law expressly provides otherwise.

Flam is not responsible for the acts, omissions, availability or decisions of Stripe or any other third-party payment provider.

6. Fees

Some features of Flam may be free and others may require payment.

We may charge:

• subscription fees;
• transaction fees;
• application fees; or
• other fees clearly disclosed before you use the relevant paid functionality.

Prices and fees applicable to your account will be shown within Flam or on our website.

You authorise us and our payment providers to collect fees that become due in accordance with your selected plan and use of the Service.

Unless otherwise stated, fees exclude applicable taxes.

We may change our pricing in the future. Where a change affects an existing paid subscription, we will provide reasonable advance notice where required.

7. No guarantee of revenue or business results

Flam is designed to help businesses organise and streamline their enquiry and booking processes.

We make no guarantee that using Flam will result in additional enquiries, customers, bookings, revenue, profit or business growth.

We are not responsible if:

• a customer does not respond;
• an enquiry does not convert;
• a customer does not pay;
• a customer cancels;
• a quote contains incorrect information;
• a message or notification is missed;
• a booking is lost;
• a payment is delayed or fails;
• an invoice or payment request is sent late or not at all; or
• you otherwise lose business or revenue.

Decisions about how you operate your business remain yours.

8. Software bugs and availability

We work hard to make Flam reliable, but all software has bugs.

Flam may occasionally contain errors, defects or unexpected behaviour.

The Service may also occasionally be:

• unavailable;
• slow;
• interrupted;
• inaccurate;
• undergoing maintenance;
• affected by third-party failures; or
• changed as we improve it.

We do not guarantee that Flam will:

• always be available;
• operate without interruption;
• be error-free;
• be completely secure;
• meet every particular business requirement; or
• that every defect will be corrected immediately or at all.

Unless we expressly agree otherwise in writing, Flam does not provide a service-level agreement or guarantee any particular level of uptime.

You should maintain reasonable contingency procedures for business-critical information and activities.

9. Notifications and communications

Flam may send emails, notifications, reminders and other communications to you or your customers.

These features are provided as a convenience.

We do not guarantee that any communication will:

• be delivered;
• be delivered immediately;
• avoid spam filtering;
• be read;
• be acted upon; or
• contain error-free information.

You remain responsible for monitoring important enquiries, bookings, payments and customer communications.

A failure or delay in a Flam notification does not make Flam responsible for a missed enquiry, booking, payment, deadline or other opportunity.

10. Your data and content

You retain ownership of information and content you submit to Flam.

You grant us a limited licence to host, copy, process, transmit and otherwise use that content solely as reasonably necessary to provide, secure, maintain and improve the Service and fulfil our legal obligations.

You are responsible for ensuring that you have the right to upload and process information through Flam.

You must not upload unlawful content or use Flam to infringe another person's rights.

Our handling of personal information is also governed by our Privacy Policy and, where applicable, our Data Processing Agreement.

11. Customer personal data

When you use Flam to collect and manage information about your customers, you will generally determine why and how that information is used.

You are responsible for ensuring that your collection and use of customer personal data complies with applicable data protection and privacy laws.

Where Flam processes personal data on your behalf, the respective responsibilities of the parties may additionally be governed by our Data Processing Agreement.

You must not use Flam to collect information that you do not have a lawful basis to collect.

12. Backups and loss of data

We may use backups, redundancy and other reasonable technical measures designed to protect data.

However, we do not guarantee that data can always be recovered.

You are responsible for retaining copies of information that is critical to your business where it would be unreasonable to rely exclusively on Flam.

To the fullest extent permitted by law, Flam is not responsible for losses resulting from accidental deletion, corruption, unauthorised access, failed backups or loss of data.

13. Third-party services

Flam may depend upon or integrate with third-party services such as:

• Stripe;
• email providers;
• hosting providers;
• cloud storage providers;
• analytics services; and
• other integrations.

Those services are outside our control.

We do not guarantee their continued availability, functionality, compatibility or performance.

We may change, replace or discontinue an integration where a third party changes or withdraws its service.

To the fullest extent permitted by law, we are not responsible for loss or damage caused by third-party services.

14. Acceptable use

You must not use Flam:

• for unlawful, fraudulent or deceptive purposes;
• to send spam or unsolicited communications contrary to applicable law;
• to harass or abuse another person;
• to distribute malware or malicious code;
• to attempt unauthorised access to Flam or another account;
• to interfere with the security or operation of the Service;
• to scrape or systematically extract Flam data without permission;
• to reverse engineer the Service except where applicable law expressly permits it;
• to circumvent usage restrictions; or
• in a way that could materially harm Flam, our infrastructure or other users.

We may investigate suspected abuse and suspend or terminate accounts where reasonably necessary.

15. Intellectual property

Flam and its underlying software, design, branding, trademarks and other intellectual property belong to us or our licensors.

Your subscription gives you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

It does not transfer ownership of Flam or its intellectual property to you.

You may not reproduce, sell, sublicense, copy or commercially exploit the Service except as expressly permitted by us or applicable law.

16. Changes to Flam

We will continue developing Flam.

This means features may be:

• introduced;
• changed;
• redesigned;
• replaced;
• restricted; or
• removed.

We do not guarantee that any particular feature will remain available indefinitely.

We may discontinue all or part of the Service. Where reasonably practicable, we will provide appropriate notice of material changes or discontinuation.

17. Suspension and termination

You may stop using Flam and close your account in accordance with the cancellation options available within the Service.

We may suspend, restrict or terminate access where reasonably necessary, including where:

• you breach these Terms;
• fees remain unpaid;
• your activity creates a security risk;
• your use materially affects other users;
• we reasonably suspect fraud or unlawful activity;
• a payment provider requires us to act; or
• we are required to do so by law.

Where reasonable, we will attempt to give notice before suspension or termination.

Serious security, fraud, legal or abuse issues may require immediate action.

18. Data following cancellation

When you cancel Flam, you may lose access to your account and data.

You are responsible for exporting information you wish to retain before your account is permanently deleted.

We may retain information following cancellation where reasonably required for backups, fraud prevention, dispute resolution, financial records or legal obligations.

Our Privacy Policy contains further information about data retention and deletion.

19. No warranties

To the fullest extent permitted by law, Flam is provided "as is" and "as available".

We make no representation, warranty or guarantee, whether express or implied, that:

• the Service will always be available;
• the Service will be uninterrupted or error-free;
• information within the Service will always be accurate or complete;
• defects will always be corrected;
• communications will always be delivered;
• payments will always be successfully processed;
• data will never be lost;
• the Service will meet your particular requirements; or
• using Flam will produce any particular commercial result.

You are responsible for deciding whether Flam is appropriate for your business and for verifying business-critical information.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

20. Limitation of liability

This section is important.

To the fullest extent permitted by law, Flam and Flam Labs Ltd, including our directors, employees, contractors and affiliates, will not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage arising from or connected with your use of, or inability to use, Flam.

In particular, to the fullest extent permitted by law, we will not be liable for:

• loss of revenue;
• loss of profit;
• loss of sales;
• loss of bookings;
• loss of customers;
• loss of contracts;
• loss of business;
• loss of opportunity;
• loss of anticipated savings;
• loss of goodwill or reputation;
• business interruption;
• failed or delayed payments;
• chargebacks or payment disputes;
• missed enquiries;
• missed messages or notifications;
• double bookings;
• incorrect bookings;
• cancellations;
• incorrect quotes;
• incorrect prices;
• incorrect payment balances;
• late or missed invoices or payment requests;
• customer disputes;
• acts or omissions of your customers;
• loss, corruption or unauthorised disclosure of data;
• failures of Stripe or other third-party services;
• downtime or interruption of the Service;
• software bugs, errors or defects; or
• decisions made in reliance on information displayed by Flam.

This applies whether the claim arises in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, and whether or not we knew or ought reasonably to have known that such loss could occur.

To the fullest extent permitted by law, our total aggregate liability to you arising out of or relating to Flam or these Terms, across all claims and causes of action, will not exceed the greater of:

(a) the total fees actually paid by you directly to Flam during the 12 months immediately preceding the event giving rise to the claim; or

(b) £100.

The limitations in this section apply collectively, not separately to each incident or claim.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any other liability which cannot legally be excluded or limited.

21. Indemnity

To the extent permitted by law, you agree to indemnify us against reasonable losses, liabilities, costs, claims and expenses arising from third-party claims resulting from:

• services you provide to your customers;
• your breach of these Terms;
• your unlawful use of Flam;
• content or information you upload;
• your infringement of another person's rights; or
• your failure to comply with laws applicable to your business.

This does not require you to indemnify us for losses caused by our own fraud or other liability that cannot lawfully be excluded.

22. No professional advice

Information provided through Flam does not constitute:

• legal advice;
• accounting advice;
• tax advice;
• financial advice;
• insurance advice; or
• other professional advice.

You remain responsible for obtaining appropriate professional advice for your business.

23. Changes to these Terms

We may update these Terms as Flam evolves or where legal or regulatory requirements change.

For material changes, we will provide reasonable notice through Flam, email or another appropriate method.

The updated Terms will state their effective date.

Continued use of Flam after updated Terms become effective constitutes acceptance where permitted by law.

Where applicable law requires explicit consent, we will obtain it.

24. Transfer

You may not transfer your rights under these Terms without our prior written consent.

We may transfer our rights and obligations under these Terms as part of a merger, acquisition, restructuring, sale of business or similar transaction, provided doing so does not unlawfully reduce your rights.

25. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it enforceable where possible.

The remaining provisions will continue in effect.

26. No waiver

If we do not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce it later.

27. Entire agreement

These Terms, together with our Privacy Policy, Data Processing Agreement and any other terms expressly incorporated into them, constitute the agreement between you and us concerning your use of Flam.

28. Governing law

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

Subject to any rights or jurisdiction that cannot lawfully be excluded, the courts of England and Wales will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service.

29. Contact

Questions about these Terms can be sent to: