Terms & Conditions

1.Agreement & definitions

These Terms & Conditions (the “Terms”) form a binding agreement between Delien Media FZE, operator of FlowTracker.io (“FlowTracker”, “we”, “us”), and the individual or entity that registers for or uses the platform (“Customer”, “you”). By creating an account, accessing or using the platform, you accept these Terms. If you accept on behalf of an organisation, you confirm you are authorised to bind it.

“Platform” means the FlowTracker software, websites, APIs, pixels and related services. “Authorised Users” are individuals you permit to use the Platform. “End User” means an individual whose data is processed through the Platform. “Advertising Platforms” means third-party services such as Meta, TikTok, Google and Snapchat.

2.Eligibility & accounts

The Platform is offered for business use only and you must be at least 18 years old and able to form a binding contract. You must provide accurate registration information, keep credentials secure, and are responsible for all activity under your account and that of your Authorised Users. Notify us promptly of any unauthorised use.

3.The service & licence

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform during your subscription term for your internal business purposes. We may modify, improve or discontinue features, and may provide the Platform in beta or early-access form, which may be incomplete and offered “as is”. All rights not expressly granted are reserved.

4.Your responsibilities & warranties

You are solely responsible for your use of the Platform and your marketing activities. You represent, warrant and covenant on an ongoing basis that:

• you and your campaigns comply with all applicable laws and with the policies and terms of every Advertising Platform, messaging channel, broker and payment provider you connect;
• you hold, and will maintain, all licences, registrations and regulatory authorisations required to promote the products and services you advertise (including, where applicable, financial-services or financial-promotion authorisations in each jurisdiction you target);
• you have established a valid lawful basis and, where required, obtained valid consent from End Users for the tracking, profiling, data sharing and conversion measurement performed through the Platform, and have provided End Users with all required privacy notices;
• you will not provide to us, or transmit through the Platform to any Advertising Platform, any data that is prohibited by law or by that platform (including special-category data, government identifiers, full financial-account or payment-card numbers, or any minor’s data); and
• all information you give us is accurate and your content does not infringe third-party rights.

5.Acceptable Use Policy

You must not, and must not permit any Authorised User or third party to:

• use the Platform for any unlawful, fraudulent, deceptive or misleading purpose, including cloaking, presenting different content to ad reviewers than to users, mismatched landing pages, or unrealistic or guaranteed-return claims;
• promote products or services that are prohibited by an Advertising Platform (for example contracts for difference (CFDs) and binary options on platforms that ban them), or promote restricted products without the required authorisation and certification;
• send to any Advertising Platform any data that the platform prohibits, or attempt to re-identify, sell, license or onward-transfer data derived from an Advertising Platform other than as that platform permits;
• track or profile End Users without a valid lawful basis or required consent, or process the data of minors;
• infringe intellectual-property or privacy rights, transmit malware, or interfere with, probe, scrape, reverse engineer or overload the Platform or circumvent its security or usage limits; or
• resell or provide the Platform to third parties except as expressly permitted.

6.Third-party platforms & no approval warranty

The Platform interoperates with Advertising Platforms, messaging channels, brokers and payment providers that we do not control. Their availability, policies, approval decisions and APIs may change or be withdrawn at any time. We do not warrant that any Advertising Platform will grant, maintain or refrain from suspending your access, account or campaigns, and we are not responsible for any review outcome, rejection, suspension or ban imposed by a third party, including those resulting from the nature of your business or your advertising. Your relationship with each third party is governed by that party’s own terms.

7.Fees, billing & taxes

You agree to pay the fees for your selected plan. Unless stated otherwise, fees are billed in advance, are non-refundable except where required by law, and subscriptions renew automatically until cancelled. Payments are processed by third-party processors such as Stripe; you authorise us and our processors to charge your payment method. Fees are exclusive of taxes, which you are responsible for. We may change fees on reasonable notice effective from your next billing cycle. Overdue amounts may result in suspension.

8.Intellectual property

The Platform and all related software, content and trademarks are owned by Delien Media FZE or its licensors and are protected by law. You retain ownership of data and content you submit (“Customer Data”) and grant us a worldwide licence to host, process and use Customer Data as necessary to provide and improve the Platform and as permitted by the Privacy Policy and Data Processing Agreement. You grant us the right to use aggregated and de-identified data that does not identify you or any individual. Feedback you provide may be used by us without restriction.

9.Confidentiality

Each party may access the other’s confidential information and must protect it using reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers bound by confidentiality, or as required by law.

10.Data protection

Our processing of personal data is governed by our Privacy Policy and, where we act as your processor, by our Data Processing Agreement, which is incorporated into these Terms. You are responsible, as controller, for the lawfulness of the data you process through the Platform and for instructing us accordingly.

11.Disclaimers & no advice

The Platform is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Platform will be uninterrupted, error-free, or that attribution, matching or measurement will be complete or accurate. Nothing on the Platform or website constitutes legal, financial, investment, tax or regulatory advice, and any performance figures or estimates (including calculator outputs) are illustrative only and not guarantees of results.

12.Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. Our total aggregate liability arising out of or related to these Terms will not exceed the amounts you paid to us for the Platform in the twelve (12) months preceding the event giving rise to the claim. These limitations do not exclude liability that cannot be excluded by law.

13.Indemnification

You will defend, indemnify and hold harmless Delien Media FZE and its officers, employees and agents from and against any claims, damages, losses, liabilities, fines and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your advertising, marketing or business activities; (c) your breach of these Terms, applicable law, or any third-party platform’s terms; (d) your failure to obtain a lawful basis or required consents from End Users; or (e) Customer Data you provide.

14.Suspension & termination

You may stop using the Platform and cancel at any time as provided in your plan. We may suspend or terminate access immediately if you breach these Terms, fail to pay, create legal or security risk, or use the Platform in a manner that violates law or a third-party platform’s policies. On termination, your right to use the Platform ends and we will handle Customer Data as described in the Privacy Policy and Data Processing Agreement. Provisions that by their nature should survive (including sections 8, 11–13 and 15) survive termination.

15.Governing law & dispute resolution

These Terms are governed by the laws of the United Arab Emirates as applicable in the Emirate of Umm Al Quwain and its Free Trade Zone, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute in good faith. Failing resolution, disputes will be subject to the competent courts or, where the parties agree in writing, to arbitration seated in the United Arab Emirates conducted in English. Nothing prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.

16.Changes & general

We may update these Terms from time to time; material changes will be notified through the Platform or by email and take effect as stated in the notice. These Terms, together with the Privacy Policy, Cookie & Consent Policy and Data Processing Agreement, are the entire agreement between the parties and supersede prior agreements on the subject. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us should be sent to the contact details below.