1. Agreement to Terms
These Terms & Conditions ("Terms") form a legally binding agreement between you ("you", "Client") and TwinkleFlow ("TwinkleFlow", "we", "us", or "our") regarding your access to and use of twinkleflow.com (the "Website"), our consulting and implementation services (the "Services"), training sessions, and any software applications we publish, including apps listed on the HubSpot Marketplace (the "Apps"). If you do not agree with these Terms, you must not use the Website, Services, or Apps.
2. Eligibility
You must be at least 18 years old and have the authority to enter into these Terms. If you are using our Services on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms.
3. Our Services
TwinkleFlow provides HubSpot implementation, CRM integration, data services, marketing automation, AI solutions, audits, ongoing support plans, and training. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a proposal, statement of work ("SOW"), or order form. Where an SOW conflicts with these Terms, the SOW will prevail for that engagement.
4. Client Responsibilities
To help us deliver the Services successfully, you agree to:
- Provide timely access to your HubSpot portal, systems, and relevant stakeholders.
- Supply accurate, complete information and promptly review deliverables.
- Maintain appropriate backups of your data before any migration or bulk change.
- Ensure you have the legal right to share any data you provide to us.
- Comply with HubSpot's own terms of service and acceptable use policies.
Delays caused by missing access, information, or approvals may affect timelines and fees.
5. Fees and Payment
Fees are as listed on our Pricing page or as quoted in your proposal. Unless otherwise agreed in writing:
- Monthly support plans are billed in advance at the start of each billing period.
- Project work may require a deposit before work begins, with the balance due on the agreed milestones.
- Invoices are payable within 14 days of the invoice date.
- All fees are exclusive of applicable taxes, which you are responsible for paying.
- We may pause work on overdue accounts until payment is received.
Refunds are governed by our Refund Policy.
6. HubSpot Marketplace Apps
When you install one of our Apps, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App within your HubSpot account for your internal business purposes, subject to these Terms. You may not copy, modify, reverse engineer, resell, or sublicense the App. Apps are provided on an "as is" and "as available" basis, and we may update, modify, or discontinue an App at any time. Your use of HubSpot itself remains subject to HubSpot's terms.
7. Intellectual Property
Upon full payment, you own the final deliverables created specifically for you under an SOW (such as custom properties, workflows, and configuration in your HubSpot portal). TwinkleFlow retains ownership of its pre-existing materials, tools, templates, know-how, and Apps, and grants you a license to use any such materials incorporated into your deliverables. All content on the Website, including text, graphics, logos, and code, is owned by or licensed to TwinkleFlow and may not be reproduced without our written permission.
8. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party and to use it only for the purpose of the engagement. This obligation does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.
9. Data Protection
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf (for example, contact records in your HubSpot portal), we act as a data processor and will process that data only on your documented instructions.
10. Acceptable Use
You agree not to use the Website, Services, or Apps to:
- Violate any applicable law or regulation, including anti-spam and data protection laws.
- Infringe the intellectual property or privacy rights of others.
- Upload malicious code or attempt to gain unauthorized access to any system.
- Interfere with or disrupt the operation of the Website or Apps.
11. Disclaimers
We perform the Services with reasonable skill and care. However, except as expressly stated in these Terms, the Website, Services, and Apps are provided without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific business outcomes, such as revenue growth or lead volume. We are not responsible for changes, outages, or limitations of third-party platforms, including HubSpot.
12. Limitation of Liability
To the maximum extent permitted by law, TwinkleFlow will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total liability arising out of or relating to these Terms or the Services will not exceed the fees you paid to us in the three (3) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless TwinkleFlow and its team from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Services or Apps, or data you provide that infringes the rights of a third party.
14. Term and Termination
Monthly support plans continue on a month-to-month basis until cancelled. Either party may cancel a monthly plan with written notice before the next billing date. Either party may terminate an engagement immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of notice. On termination, you will pay for all work performed up to the termination date.
15. Third-Party Links and Services
The Website may contain links to third-party websites or tools. We are not responsible for the content, policies, or practices of any third party.
16. Governing Law
These Terms are governed by the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any disputes will be resolved in the courts located in [Your Jurisdiction].
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Continued use of the Website, Services, or Apps after changes take effect constitutes acceptance of the revised Terms.
18. Contact Us
If you have questions about these Terms, please contact us at hello@twinkleflow.com or through our contact page.