Last Modified: August 7, 2025
IMPORTANT: Please read this Terms of Service Agreement before clicking the “accept” button, and/or using the Flowy LLC (“PuffinReach”) software-as-a-service product, application programming interface, or other services that accompany or are provided in connection with this Agreement.
By clicking the “Agree” button, and/or using the PuffinReach Service (as defined below) in any way, you and the entity that you represent (“Subscriber”) is unconditionally consenting to be bound by and is becoming a party to this Agreement with PuffinReach and Subscriber represent and warrant that Subscriber has the authority to bind such entity to these terms. If Subscriber does not unconditionally agree to all of the terms of this Agreement, use of the PuffinReach Service is strictly prohibited.
Please note that PuffinReach may modify or amend this Agreement at any time. When PuffinReach modifies or amends this Agreement, we will update the last updated date above, and may send an email to the last email address provided by Subscriber.
Section 11 (Arbitration Agreement) contains provisions that govern how to resolve disputes between Subscriber and PuffinReach. Please read Section 11 (Arbitration Agreement) carefully.
1.1 “Applicable Data Protection Laws” means all data protection and privacy laws and regulations of any jurisdiction directly applicable to PuffinReach’s Processing of the relevant Subscriber Personal Data under the Agreement.
1.2 “Connected Account” means any third-party e-mail system or platform connected to, or integrated with, the PuffinReach Service by or on behalf of Subscriber.
1.3 “PuffinReach Service” means the on-line service(s) made available through the https://puffinreach.com website, delivered by Flowy LLC to Subscriber using the PuffinReach Platform.
1.4 “Subscriber Data” means, other than Aggregated Data, any content, including email content, or newsletters, sent by Subscriber through the PuffinReach Service.
1.5 “Users” means Subscriber’s employees, representatives, consultants, contractors, or agents authorized by Subscriber to access the PuffinReach Service.
2.1 Connected Accounts. In order to access many of the features and functions of the PuffinReach Service, Subscriber will need to link one (1) or more Connected Accounts to the PuffinReach Service. By granting PuffinReach access to any Connected Account, Subscriber represents and warrants that it is entitled to disclose any log-in information and/or to grant PuffinReach access to such Connected Accounts.
2.2 Integrating Connected Accounts. Subscriber acknowledges and agrees that in order to properly onboard and make full use of the PuffinReach Service, Subscriber will need to integrate or connect to Connected Accounts.
3.1 Access Rights. Commencing as of the date that Subscriber orders the applicable PuffinReach Service, subject to the terms of this Agreement, PuffinReach grants Subscriber a non-sublicensable, non-transferable, non-exclusive right to access and use the PuffinReach Service solely for Subscriber’s internal business purposes.
3.2 Restrictions. Subscriber shall not, and shall procure that its Users shall not: (a) allow any third party to access the PuffinReach Service except as expressly allowed herein; (b) modify, adapt, alter or translate the PuffinReach Service; (c) sublicense, lease, sell, resell, rent, loan, distribute, or transfer the PuffinReach Service; (d) reverse engineer, decompile, or disassemble the PuffinReach Service.
4.1 Subscriptions. PuffinReach offers various options and subscriptions plans. Pricing is available at https://puffinreach.com/pricing. All payments will be made in U.S. dollars.
4.2 Automatic Renewal. Subscriptions will automatically renew at PuffinReach’s then-current price unless terminated in accordance with this Agreement. Subscriber authorizes PuffinReach to charge the designated payment method at the beginning of any subsequent subscription period.
4.3 No Refunds. ALL FEES PAID UNDER THIS AGREEMENT ARE NON-REFUNDABLE AND NON-CANCELLABLE. Subscriber acknowledges that PuffinReach will not issue any refunds, reimbursements, or credits.
4.4 Third-Party Service Provider. PuffinReach uses Stripe, Inc. as its third-party service provider for payment services. By making a purchase, you agree to be bound by Stripe’s Terms of Service and Privacy Policy.
5.1 PuffinReach Platform and Technology. Subscriber acknowledges that Flowy LLC retains all right, title and interest in and to the PuffinReach Platform and all PuffinReach proprietary information and technology.
5.2 Responsibility for Subscriber Data. Subscriber is solely responsible for the accuracy, quality, and legality of Subscriber Data. Subscriber represents and warrants that Subscriber Data will not infringe upon any third party’s rights or violate any applicable laws.
5.3 License to Subscriber Data. Subscriber grants to PuffinReach a non-exclusive, worldwide, royalty-free license to access and use Subscriber Data to provide and improve the PuffinReach Service.
PLEASE READ THIS SECTION CAREFULLY. It is part of your contract with PuffinReach and requires you to arbitrate certain claims and disputes with PuffinReach and limits the manner in which you can seek relief from us.
11.1 Applicability. Subscriber and PuffinReach agree that any dispute arising out of or relating to this Agreement will be resolved by binding arbitration, rather than in court, with limited exceptions.
11.2 Waiver of Jury Trial. YOU AND PUFFINREACH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
11.3 30-Day Right to Opt Out. Subscriber has the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: [Your Company Address], within thirty (30) days after agreeing to this Agreement.
12.1 Publicity. PuffinReach shall have the right to use Subscriber’s name and pre-approved logo on PuffinReach’s website and in marketing materials to identify Subscriber as a client.
12.2 Assignment. Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party, except in the event of a merger, corporate reorganization, or a sale of all or substantially all of such party’s assets.
12.3 Notices. All notices required under this Agreement must be delivered in writing, if to PuffinReach, by emailing [email protected], and if to Subscriber, by emailing the address associated with your account.
12.4 Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflicts of laws provisions. Any action not subject to arbitration will be brought in a state or federal court in the State of Delaware.
12.5 Entire Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes all previous and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of this Agreement.