Terms of Service
Public / Website Version · Last updated: 18 July 2026
These Terms of Service ("Terms") govern your access to and use of the automated email and marketing automation platform, website, and related applications (collectively, the "Platform" or "Service"). By creating an account, connecting your store, or using the Platform, you ("Client", "you") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, you represent that you have the legal authority to bind that company.
1. Nature of the Platform & Account Responsibilities
Flizz provides a fully automated, AI-driven email and SMS marketing platform that connects to your Shopify store and Klaviyo account to generate, deploy, and optimize marketing flows, forms, templates, and campaigns. Flizz operates solely as an independent SaaS service provider. These Terms do not create an employer-employee relationship, partnership, or joint venture.
- Scope of Access: You grant Flizz the necessary administrative and API access (such as Shopify and Klaviyo API tokens) to perform automated marketing services within your third-party accounts on your behalf.
- Account Security: Access to the Platform is passwordless (via magic links or one-time codes sent to your email). You are responsible for maintaining control and security of the registered email address and for all activities occurring under your account.
2. Connected Platforms & API Compliance
To use the Platform, you must authorize Flizz to access your Shopify and Klaviyo accounts.
- Data Flows: By connecting these accounts, you instruct Flizz to access and exchange data with those platforms on your behalf. Your use of those platforms is governed by their respective terms; Flizz is not responsible for the availability, operations, or actions of Shopify or Klaviyo.
- Shopify API Compliance: Flizz strictly complies with Shopify's API License and Terms of Use. We request only nine minimum-necessary, non-Protected-Customer-Data scopes (such as theme assets, products, locales, and discounts) and do not access or store any Shopify customer or order data.
3. Client Responsibilities & Indemnification
The Client retains full ownership of their store accounts and customer databases, and assumes sole legal and operational responsibility for:
- Asset Provision: Ensuring connected e-commerce stores provide the necessary automated data feeds, product images, and brand assets required for the Platform to function.
- Account Interference: Ensuring your internal team or third-party agencies do not alter, modify, or interfere with active campaigns, automated flows, or tracking mechanisms set up by Flizz. Flizz is not responsible for performance drops, attribution errors, or tracking failures caused by unauthorized changes.
- Consent and Legal Compliance: Ensuring full compliance with all applicable local and international regulations, including GDPR, the Danish Data Protection Act, e-commerce laws, and anti-spam laws (e.g., TCPA, CASL). You must obtain, verify, and maintain valid, legally compliant consent for all email and SMS recipients.
- Content and Indemnity: Reviewing and ensuring the accuracy, legality, and appropriateness of all offers, pricing, copy, and brand assets deployed. You agree to indemnify and hold Flizz harmless from any claims, damages, liabilities, or regulatory fines arising from your content, products, services, or compliance failures.
4. Acceptable Use & Anti-Spam
Because the Platform automates email and SMS marketing, you agree to the following rules:
- You will only message recipients who have provided valid, demonstrable opt-in consent.
- You will not use purchased, rented, or harvested lead lists.
- You will identify yourself accurately as the sender and maintain a functional, instant unsubscribe link.
- You will comply with channel-specific restrictions, including US/Canada SMS content restrictions (the "SHAFT" rules: sex, hate, alcohol, firearms, tobacco).
- You will not reverse-engineer, copy, resell, or disrupt the integrity of the Platform.
5. Intellectual Property & Customer Data
- Platform IP: The Platform, including its underlying software, algorithms, strategies, marketing templates, and campaign frameworks, is and remains the exclusive property of Flizz and its licensors.
- Client Materials: You retain ownership of all brand assets, custom content, and Customer Data. You grant Flizz a limited, non-exclusive license to process these assets solely to provide and optimize the Service for you.
- Anti-Replication: You agree not to copy, transfer, replicate, export, or reverse-engineer Flizz's proprietary templates, software integrations, setup structures, or operational strategies for use in other accounts, external platforms, or separate business entities during this agreement and for a period of two (2) years following its termination.
6. AI Features
The Platform utilizes AI systems, including third-party AI providers (such as OpenAI, Anthropic, and Google — our "AI Subprocessors") to generate marketing copy, templates, and recommendations ("AI Output").
- Data Safeguard: Only non-personal data (such as product descriptions, store configurations, and brand guides) is sent to AI Subprocessors. No Protected Customer Data (names, emails, addresses) is ever shared with AI providers.
- EU AI Act compliance: The AI features are designated as minimal-risk tools under Regulation (EU) 2024/1689 (the EU AI Act). You are responsible for reviewing and validating all AI Output before public use.
7. Fees, Billing, and Subscription
- Fees: Access to paid features of the Platform is subject to the pricing, fee structure, and billing cycles selected and agreed to during your onboarding process, or as outlined in an active order form. The specific fees for direct and agency clients are set out in our Onboarding Terms & Conditions.
- Billing Infrastructure: Where you install the Platform via the Shopify App Store, billing and automated payments may be managed directly via Shopify Managed Pricing.
- No Refunds: Except as required by applicable law, all fees paid to Flizz are strictly non-refundable, and we do not issue pro-rated credits upon cancellation.
- Suspension: If automated payment attempts fail, Flizz reserves the right to immediately suspend your access to the Platform, pause all automated active marketing campaigns, and apply interest on late payments in accordance with the Danish Interest Act (Renteloven).
8. Term & Termination
- Duration: These Terms remain active as long as you maintain an account or utilize the Platform.
- Cancellation: You may disconnect your accounts and stop using the Platform at any time in accordance with the billing terms agreed to during onboarding.
- Offboarding & Data Erasure: Because Flizz does not store your
end-customers' personal data on its own servers, there is no shopper database to purge upon
uninstallation. Upon receiving Shopify's
shop/redactwebhook (typically sent 48 hours post-uninstall), we delete your API credentials and connection logs, and immediately revoke active access tokens.
9. Limitation of Liability & Warranties
- Disclaimers: The Platform is provided "as is" and "as available" without warranties of any kind. Flizz does not guarantee specific revenue, open rates, click-through rates, deliverability metrics, or sales outcomes. We are not responsible for outages of Connected Platforms (Shopify, Klaviyo, Stripe).
- Liability Cap: To the maximum extent permitted by Danish law, Flizz's total aggregate liability for any claims arising out of or relating to this agreement will not exceed the amounts you paid to Flizz in the twelve (12) months preceding the event giving rise to the claim. Neither party shall be liable for any indirect, special, incidental, or consequential damages.
10. Governing Law & Jurisdiction
These Terms and any dispute arising out of them are governed strictly by the laws of Denmark, including the Danish Contracts Act (Aftaleloven) and the Danish Interest Act (Renteloven), without regard to conflict of laws principles. Any legal action or dispute shall be settled under the exclusive jurisdiction of the courts of Copenhagen, Denmark.
11. Contact
Questions regarding these Terms can be sent to legal@flizz.ai.