Terms of Service

Please read these terms carefully before creating a FlashAlert account. By registering an account or using the FlashAlert service, you agree to be bound by these terms. If you do not agree, do not use the service.

1. Definitions

In these terms:

• "FlashAlert," "we," "us," "our" means FlashAlert, a trading name of Naxtech, of 1 Burcombe Way, Reading, RG4 8RX.
• "Service" means the FlashAlert platform, website, dashboard, QR code generation tool, and email alert delivery system available at flashalert.co.uk.
• "Retailer" means any business or individual who registers a FlashAlert account to send alerts to their subscribers.
• "Subscriber" means any person who scans a Retailer's QR code and provides their email address to receive alerts from that Retailer.
• "Alert" or "Broadcast" means a single email message sent by a Retailer to all of their Subscribers via the Service.
• "Credits" means pre-purchased units that are consumed when a Retailer sends an Alert. One Alert to any number of Subscribers consumes one Credit.
• "Content" means any text, information, or other material submitted by a Retailer for inclusion in an Alert.

2. The service

FlashAlert provides Retailers with a communication utility that enables them to:

• Generate a unique QR code linked to a subscriber sign-up page.
• Build a private list of Subscribers who have opted in to receive alerts from that specific Retailer.
• Send email Alerts to their Subscriber list by consuming one Credit per broadcast.

FlashAlert is a communication tool only. We are not a marketplace, agent, or intermediary in any transaction between a Retailer and their customers. We have no involvement in, and accept no responsibility for, any sale, offer, or transaction that arises from an Alert sent using our Service.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable. We will not be liable to you for any modification, suspension, or discontinuation of the Service, except as set out in Section 11.

3. Eligibility and account registration

To create a FlashAlert Retailer account you must:

• Be a legally constituted business entity — including sole traders, partnerships, limited companies, charities, and other organisations operating lawfully under the laws of England and Wales or another jurisdiction.
• Provide accurate and complete information when registering, including your genuine shop name, town, and a valid business email address.
• Have the authority to bind your business to these terms.

You are responsible for maintaining the security of your account access link. You must notify us immediately at contact@flashalert.co.uk if you believe your account has been accessed without your authorisation.

You may not create multiple accounts for the same business without our prior written consent. One account per trading location is permitted by default.

4. Credits and payments

4.1 How Credits work

Sending one Alert to your entire Subscriber list — regardless of how many Subscribers you have — consumes one Credit. Credits are pre-purchased and deducted from your balance at the point of sending. If your Credit balance reaches zero, you will not be able to send further Alerts until you purchase additional Credits.

4.2 Pricing

Current Credit pricing is displayed on the FlashAlert website and may be updated from time to time. The price applicable to a purchase is the price shown at the time of that purchase.

4.3 Payment

Payments are processed securely by Stripe. By making a payment you also agree to Stripe's terms of service. We do not store your payment card details.

4.4 Non-refundable

4.5 Credit expiry

Credits do not expire. You may use your Credit balance at any time while your account remains active. In the event that your account is terminated for a breach of these terms (see Section 7), any unused Credits will be forfeited without refund.

4.6 Taxes

All prices are quoted inclusive of VAT where applicable. You are responsible for any other taxes that may apply to your use of the Service in your jurisdiction.

5. Acceptable use

By using the Service you agree that you will:

• Only send Alerts to Subscribers who have explicitly opted in to receive alerts from your specific shop via your FlashAlert QR code.
• Only send Alerts that relate to genuine, available stock, deals, or offers from your own business at the time of sending.
• Comply with all applicable laws and regulations, including the UK GDPR, the Privacy and Electronic Communications Regulations 2003 (PECR), the Consumer Protection from Unfair Trading Regulations 2008, and any advertising standards codes applicable to your industry.
• Ensure that all Content in your Alerts is accurate, honest, and not misleading.
• Not use the Service to send Alerts on behalf of a third-party business without our prior written consent.
• Not use the Service to send Alerts at a frequency that would reasonably be considered harassment or spam.

6. Prohibited content

You must not send Alerts that contain or relate to:

• Any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory.
• Goods or services that are illegal or regulated without the appropriate licence (for example, prescription medicines, controlled substances, weapons).
• Misleading or fraudulent offers, including fictitious discounts or fabricated stock claims.
• Unsolicited commercial messages or any content that does not relate to a genuine stock or deal offer from your business.
• Content that infringes any third party's intellectual property, privacy, or other rights.
• Malicious links, phishing content, or any attempt to deceive or defraud Subscribers.
• Political, religious, or campaigning content unrelated to a commercial stock offer.
• Any content that would violate the UK Advertising Standards Authority (ASA) codes or the CAP Code.

7. Suspension and termination

7.1 Termination by the Retailer

You may close your account at any time by contacting us at contact@flashalert.co.uk. Upon closure, any unused Credits are forfeited. Your Subscriber data will be deleted within 30 days.

7.2 Termination by FlashAlert

We reserve the right to suspend or permanently terminate your account immediately and without prior notice if:

• You send, or we have reasonable grounds to believe you have sent, an Alert that violates Section 5 or Section 6 of these terms.
• You use the Service in a way that is fraudulent, deceptive, or harmful to Subscribers or third parties.
• You provide false or misleading information at registration or at any time during your use of the Service.
• You attempt to circumvent technical measures designed to protect the Service or its users.
• Your continued use of the Service poses a legal, regulatory, or reputational risk to FlashAlert.

7.3 Effect of termination

Upon termination of your account, whether by you or by us: your access to the dashboard ceases immediately; your QR code is deactivated; your Subscriber list is queued for deletion; and any unused Credits are forfeited. Sections 9, 10, 11, 12, and 14 of these terms survive termination.

8. Subscriber obligations and opt-out

FlashAlert automatically includes a one-click unsubscribe link in every Alert email. Retailers must not attempt to interfere with, suppress, or remove unsubscribe functionality. A Retailer who is found to have done so will have their account terminated immediately.

When a Subscriber unsubscribes, their email address is immediately added to a suppression list and no further Alerts from that Retailer will be sent to them. Retailers must not attempt to re-add unsubscribed addresses by any means.

9. Intellectual property

FlashAlert and its associated branding, software, and technology are owned by Naxtech. Nothing in these terms transfers any intellectual property rights to you.

You retain ownership of the Content you submit in your Alerts. By submitting Content you grant FlashAlert a limited, non-exclusive, royalty-free licence to process and transmit that Content solely for the purpose of delivering your Alerts to your Subscribers.

You represent and warrant that you own or have the right to use all Content you submit, and that doing so does not infringe any third party's rights.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that:

• The Service will be uninterrupted, error-free, or available at all times.
• Any particular Alert will be delivered, opened, or acted upon by Subscribers.
• The Service will meet your specific commercial requirements or result in any particular commercial outcome.
• Delivery rates, open rates, or subscriber engagement will meet any particular standard.

Email delivery is dependent on third-party infrastructure (including SendGrid and receiving mail servers) over which we have no control. We do not guarantee delivery of any individual Alert.

11. Limitation of liability

11.1 Cap on liability

To the maximum extent permitted by applicable law, FlashAlert's total aggregate liability to you — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — arising out of or in connection with these terms or your use of the Service shall not exceed the total amount you have paid to FlashAlert in the twelve (12) months immediately preceding the event giving rise to the claim.

11.2 Excluded losses

To the maximum extent permitted by applicable law, FlashAlert shall not be liable for:

• Loss of profits, revenue, or anticipated savings.
• Loss of business, contracts, or commercial opportunities.
• Loss of goodwill or reputation.
• Loss of data or information.
• Any indirect, consequential, special, or punitive loss or damage.
• Any loss arising from your failure to comply with applicable laws or these terms.
• Any loss arising from the acts or omissions of third-party services including SendGrid, Stripe, or Microsoft Clarity.
• Any loss arising from a failure to deliver an Alert due to factors outside our reasonable control, including but not limited to email filtering, Subscriber inbox rules, internet outages, or force majeure events.

11.3 Exceptions

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any other liability that cannot be excluded or limited under applicable English law.

12. Indemnity

You agree to indemnify, defend, and hold harmless FlashAlert and Naxtech from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in breach of these terms.
• Any Content you submit that infringes the rights of a third party or violates applicable law.
• Any claim by a Subscriber arising from an Alert you sent, including claims relating to misleading content, unsolicited contact, or data misuse.
• Your violation of any applicable law or regulation.

13. Changes to the service and terms

We may update these terms at any time. When we make material changes, we will notify active account holders by email and update the "Last updated" date at the top of this page. The updated terms take effect 14 days after notification, or immediately if the change is required by law or to address a security issue.

If you do not agree to updated terms, you must stop using the Service before the new terms take effect and contact us to close your account.

14. Governing law and disputes

These terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute or claim arising out of or in connection with these terms.

Before initiating formal legal proceedings, both parties agree to make a good-faith attempt to resolve any dispute by correspondence to contact@flashalert.co.uk and to allow 30 days for a response.

15. Contact

For any questions about these terms, contact:

• Email: contact@flashalert.co.uk
• Post: Naxtech, 1 Burcombe Way, Reading, RG4 8RX, England