Terms of use

1. Who We Are

Scalingflow is an email marketing agency for e-commerce brands, registered in the Netherlands at Dokter van Deenweg 162, Zwolle, Chamber of Commerce number 92281745.

These Terms of Service apply to all agreements between Scalingflow and its clients. By engaging our services, you agree to these terms.

2. Our Services

Scalingflow provides email marketing services including, but not limited to, email flow setup, campaign management, copywriting, and strategy. The exact scope is agreed upon per engagement and may be structured as a monthly retainer or a one-time project.

We work exclusively with business clients (B2B). We do not serve individual consumers.

3. Agreements & Pricing

Services are offered in different formats, including fixed monthly retainers and project-based arrangements. The applicable pricing, scope, and duration are agreed upon before work begins and confirmed in writing (email or proposal).

Scalingflow reserves the right to adjust pricing. Any changes will be communicated at least 30 days in advance.

4. Payment

Invoices are issued based on the agreed billing schedule (monthly or per project). Payment is due within 14 days of the invoice date.

If payment is not received on time, Scalingflow reserves the right to pause delivery of services until the outstanding balance is settled. Late payments may be subject to statutory interest under Dutch law.

5. Cancellation

Either party may terminate the agreement with 30 days' notice before the end of the current calendar month.

Example: if notice is given on April 25, the agreement ends on May 31.

Project-based agreements run until delivery of the agreed scope and cannot be cancelled mid-project without a settlement for work already completed.

6. Intellectual Property

All work produced by Scalingflow including email copy, designs, flow structures, and strategy documents remains the intellectual property of Scalingflow until full payment has been received.

Upon receipt of full payment, the client receives a non-exclusive license to use the delivered work for their own business purposes. Scalingflow retains the right to reference the work in its portfolio unless otherwise agreed in writing.

7. No Guarantees

Scalingflow applies industry best practices and works to deliver the best possible results. However, we make no guarantees regarding specific outcomes such as revenue, open rates, click rates, or return on investment.

Email marketing results depend on a range of factors outside our control, including product quality, audience size, market conditions, and platform deliverability.

8. Client Responsibilities

To enable Scalingflow to deliver its services effectively, the client agrees to:

- Provide timely access to required platforms (e.g. Klaviyo, Shopify) Supply - brand assets, feedback, and approvals within agreed timeframes

Ensure their email list has been collected in compliance with applicable laws (GDPR, CAN-SPAM, etc.)

Delays caused by the client do not entitle the client to a refund or extension of the service period.

9. Limitation of Liability

Scalingflow's total liability for any claim arising from or related to our services is limited to the amount paid by the client in the three months preceding the claim.

Scalingflow is not liable for indirect or consequential damages, including loss of revenue, loss of data, or reputational harm.

10. Confidentiality

Both parties agree to keep each other's business information confidential and not to disclose it to third parties without prior written consent. This obligation remains in effect after the agreement ends.

11. Governing Law

These terms are governed by Dutch law. Any disputes will be submitted to the competent court in the district of Overijssel, the Netherlands.

12. Changes to These Terms

Scalingflow may update these Terms of Service at any time. The most current version will always be available on our website. Continued use of our services after an update constitutes acceptance of the revised terms.