Terms of Services
Last Updated: April 2, 2026
Welcome to FosterFlow. These Terms of Service (the “Terms”) govern access to and use of FosterFlow’s websites, applications, APIs, software, email-sending services, automation features, audience tools, templates, content assets, integrations, and related services (collectively, the “Services”).
These Terms are a binding agreement between Foster Flow Limited (registered in Hong Kong) and the customer entity or person that registers for, accesses, or uses the Services (“Customer”). By accessing or using the Services, Customer agrees to these Terms. If the individual accepting these Terms is doing so on behalf of an organization, that individual represents that they have authority to bind the organization.
1. Definitions
Agreement: These Terms together with any Order Form, applicable service-specific terms, the Acceptable Use Policy (AUP), and any other documents expressly incorporated by reference.
Customer Data: Information, content, contact data, audience data, files, event data, campaign data, and other materials submitted to or processed through the Services by or on behalf of Customer.
Documentation: FosterFlow’s then-current product, technical, onboarding, or service documentation.
Order Form: Any ordering document, subscription form, checkout page, or other commercial document identifying Services, fees, or subscription terms.
2. Eligibility and Account Registration
2.1 Eligibility: Customer may use the Services only if Customer can form a binding contract and is not prohibited from using the Services under applicable law.
2.2 Account Information: * Customer must provide accurate, current, and complete registration and billing information.
Customer must maintain the security of its passwords, API keys, tokens, and other credentials.
Customer is responsible for all activities that occur under its account, including activity by users, contractors, and connected integrations.
3. Access to the Services
3.1 Limited Right to Use: Subject to the Agreement, FosterFlow grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Services for Customer’s internal business purposes.
3.2 Service Changes: FosterFlow may update or modify features from time to time. We will use commercially reasonable efforts to avoid materially reducing core subscribed functionality during a paid term, except for security, legal, or provider-compliance reasons.
4. Acceptable Use and Customer Obligations
4.1 Compliance: Customer must comply with FosterFlow’s Acceptable Use Policy (AUP). Use of the Services for any unlawful purpose, including phishing, malware transmission, or unauthorized spam, is strictly prohibited.
4.2 General Obligations: * Ensure all Customer Data and sending activity are accurate, lawful, and authorized.
Obtain and maintain all required notices, consents, and legal bases for data processing.
Comply with mailbox provider and cloud platform requirements.
5. Customer Data and Privacy
5.1 Ownership: As between the parties, Customer retains all right, title, and interest in and to Customer Data.
5.2 License to FosterFlow: Customer grants FosterFlow a limited right to host, process, transmit, and store Customer Data as necessary to provide, secure, and improve the Services.
5.3 Privacy: FosterFlow’s handling of personal data is described in our Privacy Policy. Customer is responsible for ensuring that the processing of Customer Data does not violate third-party rights or applicable laws.
6. Intellectual Property
6.1 FosterFlow IP: FosterFlow and its licensors retain all right, title, and interest in the Services, Documentation, APIs, designs, workflows, and templates.
6.2 Restrictions: Customer may not copy, modify, reverse engineer, or decompile the Services, nor access the Services to build a competing product.
6.3 Feedback: If Customer provides suggestions or feedback, FosterFlow may use such feedback without restriction or compensation.
7. Fees and Payment
7.1 Fees: Customer will pay all fees set out in the applicable Order Form. Unless otherwise stated, fees are quoted in U.S. Dollars (USD).
7.2 Non-Refundable: Payments are generally non-refundable except as expressly stated in the Agreement or required by law.
7.3 Taxes: Customer is responsible for all sales, use, or value-added taxes (VAT), except taxes based on FosterFlow’s net income.
7.4 Late Payment: Failure to pay amounts due may result in the suspension of access to the Services.
8. Confidentiality
8.1 Obligations: Each party agrees to protect the other’s non-public “Confidential Information” (including business plans, pricing, and Customer Data) using at least a reasonable degree of care. Disclosure is only permitted to personnel or advisors who “need to know” and are bound by confidentiality terms.
9. Security
FosterFlow will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data. However, no system is perfectly secure; Customer is responsible for securing its own credentials and connected systems.
10. Suspension and Termination
10.1 Suspension: FosterFlow may throttle, suspend, or terminate access if we reasonably believe Customer has violated the Agreement, created security risks, or harmed provider deliverability.
10.2 Immediate Action: Immediate suspension without notice may occur in cases of malware, fraud, or urgent security threats.
10.3 Effect of Termination: Upon termination, the right to use the Services ends. FosterFlow may delete or return Customer Data in accordance with its data retention policies and applicable law.
11. Third-Party Services
The Services may interoperate with third-party platforms (e.g., eCommerce, cloud providers). FosterFlow is not responsible for the availability, security, or policies of these third-party services.
12. Warranties and Disclaimers
12.1 Disclaimer: Except as expressly stated, the Services are provided “AS IS” and “AS AVAILABLE.” FosterFlow disclaims all implied warranties, including merchantability and fitness for a particular purpose. We do not guarantee that every message sent will be delivered or opened.
13. Limitation of Liability
13.1 Excluded Damages: To the maximum extent permitted by law, neither party will be liable for indirect, incidental, or consequential damages (loss of profits, data, or goodwill).
13.2 Aggregate Cap: Each party’s total liability shall not exceed the amounts paid or payable by Customer to FosterFlow during the twelve (12) months preceding the claim.
14. Indemnification
Customer will defend and indemnify FosterFlow against third-party claims arising from Customer Data, Customer’s use of the Services, or violation of these Terms or applicable laws.
15. Governing Law and Venue
These Terms are governed by the laws of Hong Kong, without regard to conflict-of-law rules. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts located in Hong Kong.
16. Amendments
FosterFlow may update these Terms from time to time. Continued use of the platform after updates are posted constitutes acceptance of the revised Terms.
17. Contact Information
For any questions regarding these Terms, please contact us at:
Foster Flow Limited
Email: wusu@fosterflow.ai or support@fosterflow.ai
Address: UNIT NO.06J7 ON 11 FLOOR WELLBORNE COMMERCIAL CENTRE NO.8 JAVA ROAD HONG KONG