Terms
The terms we work under.
These govern the use of this website and the supply of Flora Labs campaign services. Where a signed engagement letter says something different, the engagement letter wins.
Last reviewed [DATE]
01Who these terms are with
Services are supplied by [REGISTERED COMPANY NAME] trading as Flora Labs, [REGISTERED ADDRESS], company number [COMPANY NUMBER], ICO registration [ICO REFERENCE]. "We" and "us" mean Flora Labs; "you" means the business engaging us.
02What we do
Flora Labs designs and runs database-reactivation campaigns against contact data you already hold. The scope of any engagement — the segments, the messaging, the volumes, the term and the fee — is set out in a separate proposal or engagement letter, which takes precedence over anything general said here.
Nothing on this website is an offer capable of acceptance. A campaign begins when we have both agreed scope and fee in writing.
03What we need from you
The campaign depends on the data and the decisions you supply, so these are obligations rather than requests.
- You confirm you have a lawful basis to contact every record you give us, and can evidence it. This is the single most important obligation in these terms.
- You approve the message content before it is sent. Nothing goes out unapproved.
- You respond to enquiries the campaign generates. Reactivation creates conversations; a conversation nobody answers converts nothing.
- You tell us promptly about opt-outs, complaints or regulatory contact reaching you directly.
04Results
We agree measurable objectives with you. We do not guarantee outcomes, and any figure shown on this website — including in the calculator — is illustrative arithmetic based on numbers you enter, not a forecast and not a promise.
Results depend on the quality of your database, your offer, your market and how quickly your team responds. Several of those are outside our control, which is precisely why we do not guarantee them.
05Fees and payment
Fees, the payment schedule and any performance element are set out in your engagement letter. Invoices are payable within [PAYMENT TERMS]. Late payment may suspend an active campaign; we will tell you before that happens rather than letting a campaign go quiet.
06Confidentiality and data
Each party keeps the other's confidential information confidential. Your database and campaign results are yours, and are never used to benefit another client.
Where we process personal data on your behalf we do so as processor under the data processing terms forming part of the engagement, and in line with the [PRIVACY POLICY].
07Intellectual property
You own your data, your brand and the customer relationships. We own our methods, templates and tooling. Campaign assets created specifically for you are licensed to you for use in connection with your business on payment in full.
08Liability
Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
Subject to that, neither party is liable for loss of profit, loss of anticipated savings or indirect loss, and our total liability is capped at [CAP — commonly the fees paid in the preceding twelve months].
We are not liable for losses arising from data you supplied without a lawful basis to contact it. [CONFIRM WITH A SOLICITOR — an indemnity here is normal in this industry and this clause is the one most worth getting right.]
09Ending the engagement
Either party may end an engagement on [NOTICE PERIOD] written notice, or immediately if the other commits a material breach that is not remedied within [PERIOD].
On termination we stop processing, and return or delete your data on your instruction. Opt-out records are retained — see the privacy policy for why.
10Using this website
The site is provided as is. We try to keep it accurate and available, but we do not warrant that it will be uninterrupted or error-free. Do not attempt to gain unauthorised access to any part of it, including the client dashboard.
11Governing law
These terms are governed by the laws of [ENGLAND AND WALES / SCOTLAND — confirm], and the courts of that jurisdiction have exclusive jurisdiction.
12Contact
Questions about these terms: [LEGAL CONTACT EMAIL].