Terms of service

1. What PerfectFlow is

PerfectFlow is a modular business management system (ERP/CRM) provided as a service by Code Flakes LLC ("CodeFlakes", "we"), a company incorporated in the State of Florida, United States, with registered address at 4851 W Hillsboro Blvd, A3, Coconut Creek, FL 33073. By subscribing, your company ("the client", "you") receives a limited, non-exclusive and non-transferable licence to use the service for the duration of the subscription and for the modules contracted.

2. How you accept

You contract PerfectFlow by subscribing to a plan. Payment is processed through Stripe, and before paying you tick the box by which you accept these terms and the privacy policy. Stripe keeps the record of that acceptance.

PerfectFlow is a service for professional use. It is offered to businesses and to professionals who subscribe for their trade or business, not to consumers. By subscribing you represent that you are contracting in that capacity.

The data processing agreement and the list of subprocessors form part of these terms: by accepting them you accept those too, in the version published on that date. The data processing agreement only applies where European data protection law applies to you (section 8). If you subscribe on behalf of a company, you represent that you have authority to bind it.

These documents are the same for every client. They are not negotiated and no client-specific versions are issued: if you do not agree with them, do not subscribe to the service. Each version stays published under its date, so you can always consult the one you accepted.

3. Your instance

Each client gets its own PerfectFlow instance, which CodeFlakes deploys, updates and operates. The mode depends on your plan:

• Dedicated. Your instance has its own server and database, shared with no other client. It comes with the plans that include it.
• Shared (PerfectFlow Lite). Several clients are hosted on one server and one database. Each client's data is kept separate and the system automatically limits every query to that client's own: one client can never see another's data. Each signs in through its own subdomain. A database of your own comes with a higher plan.

Region. If your company is in the European Economic Area, the whole architecture of your instance — server, database, files and automation engine — is deployed in Frankfurt (Germany). If it is anywhere else, it is deployed in a United States region, the one that best fits your location among those available (today, New York). The region is set when you subscribe and is not changed without the written agreement of both parties.

Updates. PerfectFlow is a service: every instance runs the current version of the product, and updates are applied automatically. It is not possible to stay on an earlier version or to decline an update. Modules have a switch: you turn on the ones you use and turn off the ones you do not. Improvements and fixes come at no extra cost; new modules may carry their own price.

4. Accounts and credentials

You are responsible for the user accounts on your instance and for keeping their passwords confidential, as well as for the activity carried out with them. Tell us as soon as possible if you detect unauthorised use.

5. Acceptable use

You may not use PerfectFlow for illegal activity, to send content that infringes third-party rights, to compromise the security of the system or of other instances, or to resell the service without prior written agreement.

Health data and other special categories. PerfectFlow is a general-purpose management tool. It is not designed or certified to process health data or the other special categories under Article 9 of Regulation (EU) 2016/679 — ethnic origin, beliefs, trade union membership, sex life or sexual orientation, or biometric data — even though some modules have fields where you could enter them. If you choose to load them, you do so under your sole responsibility: you represent that the law that applies to you allows you to process them, that you hold the legal basis, consent or professional authorisation required, and that you have assessed that the service's security measures are adequate for that data. CodeFlakes does not review what you load and offers no assurances for it beyond the general ones of the service.

HIPAA. PerfectFlow is not offered as a HIPAA-compliant service, and CodeFlakes does not sign business associate agreements (BAAs). Do not load protected health information subject to that law.

What you load is your responsibility. By entering data into your instance — by hand, by import, through a form or through an integration — you represent that you obtained it lawfully, that you have a legal basis and the authorisations needed to process it and to contact those people, and that you have informed them as required. CodeFlakes does not review or control what you load or what you do with it, and cannot do so.

If we detect use that is unusual, unlawful, or that puts the service, other clients or third parties at risk, we may restrict or suspend your account under section 12.

6. Social media module

The social media module lets you connect an Instagram professional account or a TikTok account and publish to them from PerfectFlow. These additional terms apply:

• Authorisation. You may only connect accounts you are authorised to publish to. By connecting one, you authorise PerfectFlow to publish to it on your behalf.
• Responsibility for content. The content you schedule and publish is yours and is your responsibility, including the rights to any images and videos you upload.
• Meta's rules. Use of the module is also subject to Meta's terms and policies for Instagram. Meta may reject a post, restrict the application's access or revoke granted permissions, and those decisions are not ours to make.
• TikTok's rules. Use of the module is also subject to TikTok's terms of service and to the TikTok Community Guidelines, which you must comply with in everything you publish. TikTok may reject a video, take it down, limit your account's reach, suspend it or revoke granted permissions. PerfectFlow is not responsible for any penalties TikTok applies to your account because of the content you publish.
• Where TikTok videos end up. Depending on the permissions your account granted, the video is either left in your TikTok account's drafts, for you to publish from the app, or published directly.
• No guarantee of publication. Scheduling a post does not guarantee it will be published: Meta's or TikTok's API can fail, apply rate limits or reject the content. When that happens, PerfectFlow records the status and the returned error so you can retry.
• Disconnection. You can disconnect the account at any time from PerfectFlow, or revoke access from your Meta or TikTok account settings.

What data this module stores is set out in the privacy policy.

7. Integrations and public pages

PerfectFlow connects to third-party services — payment gateways, email, scheduling, social media and whatever you add through the automation engine — using your own accounts. You decide what you connect. The relationship with each provider is yours: its terms, its cost, its availability and what it does with the data are not up to us, and you are responsible for using those connections in line with the law and with each provider's rules.

The public pages the system generates for your business — bookings, forms, store — are configured by you: what data you ask for, whether you charge before or after, and through which gateway. PerfectFlow is agnostic about that configuration: what you ask for and why is your decision and your responsibility.

Not every integration is available in every region.

8. Your data and your content

The data you enter into PerfectFlow remains yours. You authorise us to host and process it for the sole purpose of providing the service, and to access it where necessary to operate or support your instance.

You can export your data from the system, or ask us for an export, while your subscription is active.

How the service runs and how it is used. Separately from your data, the system counts what it does — errors, records per module, messages sent, setup — and, unless you ask us to turn it off for your account, how your team uses it, added up per day and per role, never per person. Those counts contain none of your operational data, and we use them to run, support and improve PerfectFlow, as described in section 10 of the privacy policy.

If European data protection law applies to you. Where the European Union's General Data Protection Regulation, or its United Kingdom equivalent, applies to your processing of that data — because your company is established there, or because you process data of people located there in the cases that law provides for — your company is the controller and CodeFlakes acts as processor. In that case, the terms of the processing — instructions, confidentiality, security measures, subprocessors, assistance with data subject rights and what happens to the data at the end — are governed by the data processing agreement, which forms an inseparable part of these terms.

If it does not. For all other clients — for example, a company in Panama that only processes data of people in its own country — the data processing agreement does not apply: your data is handled under these terms and the privacy policy, and complying with your own country's data protection law is up to you.

We do not touch your data on our own initiative. While the service is active, CodeFlakes does not delete, purge or modify the data in your instance: how long you keep each record and when you delete it is your decision, and the system gives you the tools to erase and export.

Where your instance is operated from. The members of CodeFlakes who can access your instance do so from outside the European Economic Area, on the terms and with the measures described in clause 9 of the data processing agreement, which on this point applies to every client. By subscribing you acknowledge and accept this.

If these terms and the data processing agreement conflict on a data protection matter, the agreement prevails.

9. LandingHub

Some plans include a landing page that CodeFlakes designs, hosts and maintains for as long as your subscription lasts.

• What is yours. Your brand, your copy and the images and materials you hand us. You warrant that you hold the rights to them and you answer for any claim about them.
• What is CodeFlakes's. The design, the code, and the images and materials we contributed. While the subscription lasts you may use the published landing page; CodeFlakes may reuse its design and code.
• When it ends. The landing page is taken down and remains CodeFlakes's. If you want to keep it, you can request its release for a one-off payment of USD 100: we hand over the files and it becomes yours, subject to any third-party licences that apply to the materials it includes.
• Measurement and advertising. If you ask us to install measurement tools or advertising pixels, they are installed with your accounts and under your responsibility, including any cookie notice required by the law that applies to you.

10. Availability and maintenance

We work to keep the service continuously available, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows are announced in advance. Specific service-level commitments, if any, are those of your plan.

11. Pricing and payment

Prices and the billing cycle are those of your plan. The subscription is charged through Stripe, which processes your payment details under its own terms; CodeFlakes does not store your card details. Price changes are announced in advance and apply from the next cycle. Non-payment may lead to suspension of the service.

No refunds. Payments made are not refunded. If you cancel, you keep the service until the end of the cycle already paid and the next one is not charged; there are no pro-rata refunds for unused time, except where applicable law requires it.

12. Suspension and cancellation

You can cancel at the end of your billing cycle. We may restrict or suspend the service for non-payment, for breach of these terms, or if we detect use that is unusual, unlawful, or that puts the service, other clients or third parties at risk, giving you prior notice unless urgency prevents it.

After cancellation, tell us if you want an export of your data before the instance is decommissioned. To delete the data of connected social media accounts, follow the data deletion instructions.

13. Limitation of liability

To the extent permitted by applicable law, CodeFlakes is not liable for indirect, incidental or consequential damages, nor for lost profits, arising from the use of or inability to use the service, including posts that fail to publish for reasons attributable to third-party platforms.

No warranties. The service is provided "as is" and "as available". To the extent permitted by applicable law, CodeFlakes disclaims all warranties, express or implied, including those of merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the service meets legal or industry requirements specific to your activity: assessing that is up to you.

Cap. To the extent permitted by applicable law, CodeFlakes's total liability to you, on any ground, will not exceed the amount you paid for the service in the twelve (12) months preceding the event giving rise to it.

What you answer for. You will indemnify and hold CodeFlakes harmless against claims, penalties and costs arising from the data and content you load, from a lack of legal basis or authorisation to process it, from the accounts and providers you connect, from the configuration of your public pages, or from use of the service contrary to these terms.

Nothing above limits liability that the law does not allow to be limited, or the rights that data protection law grants to the individuals concerned.

14. Changes to these terms

We may update these terms and the documents that form part of them. Each version is published under its date, and significant changes are announced by email to active clients. If you keep using the service after the date of a new version, you accept it; if you do not agree, you can cancel under section 12.

15. Governing law and courts

These terms are governed by the laws of the State of Florida, United States.

Any dispute concerning these terms or the service is submitted to the state or federal courts located in Broward County, Florida, to whose exclusive jurisdiction both parties submit.

That choice of law does not deprive clients established in the European Economic Area or the United Kingdom of the protection afforded by their mandatory data protection rules, which apply in any event to the processing described in the data processing agreement.

16. Contact