Flussos Service Agreement

This Agreement governs the use of the Flussos (‘Service’) provided by ireviloution Enterprises Pty Ltd., trading as Flussos ("Provider"). By purchasing and using the Service, you ("Customer") agree to be bound by the terms and conditions outlined below:

INTERPRETATION
1.INTERPRETATION:

Confidential Information: Any non-public information obtained from the other party during the provision and use of the Service.
Data: All data, content, and information owned or created by the Customer stored or inputted into the Service.
Fees: Applicable fees as set out on the Provider's website pricing page.
Flussos Software: Software owned by the Provider used to provide the Service.
Force Majeure: Events beyond the reasonable control of a party.
Intellectual Property Rights: Rights related to inventions, trademarks, designs, and other intellectual activities.
Objectionable: Content that is objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful.
Personnel: Officers, employees, contractors, and agents.
Service: The core functionality described on the Website.
Start Date: The date of the Customer's online Service purchase.
License Term: On a monthly basis.
Website: The internet sites at Flussos.com or as notified by the Provider.
Terms: These terms titled "Terms and Conditions."
2.ACCEPTANCE OF TERMS:
2.1: By completing the online purchase process, Customer accepts and agrees to abide by these terms and conditions. If the purchase is on behalf of another person, the Customer confirms authorization and agreement on their behalf.
3.SERVICE DESCRIPTION:
3.1: The Service includes access to one dedicated Flussos automated workflow environment with sample workflow templates.
3.2: The Provider reserves the right to update, modify, or enhance the Service at its discretion.
4.PROVISION OF THE SERVICE:
4.1: The Provider must make reasonable efforts to provide the Service in accordance with these Terms and Australian law.
4.2: The Service availability is targeted on a 24/7 basis, with exceptions for maintenance or Force Majeure events.
5.CUSTOMER OBLIGATIONS:
5.1: Customer agrees to use the Service for its own internal and lawful business purposes.
5.2: Customer shall not resell, share, or commercially exploit the Service without prior written consent from the Provider.
5.3: Various obligations when accessing the Service, including security measures, proper identification, and reporting security-related matters.
6.SUBSCRIPTION AND PAYMENT:
6.1: Customer agrees to pay the selected Flussos Plan subscription fee and set up fee.
6.2: Payment is processed through Stripe, and Customer agrees to abide by its terms.
6.3: A surcharge may apply for the use of certain credit cards.
7.TERM AND TERMINATION:
7.1: The initial subscription term is one month, automatically renewing on each monthly anniversary thereafter (License Term) unless cancelled by either party.
7.2: Agreement termination and access to Customer’s Flussos environment will be terminate if payment is not received in a timely manner.
8.CHANGING SUBSCRIPTION PLANS:
8.1: Customer may request to change subscription plan at any time by making a request to the Provider in writing. Such change will take effect upon receipt of payment of the new subscription Plan fee. The License Term and billing cycle will start from the payment day.
9.CHANGES TO SUBSCRIPTION PLAN FEES:
9.1: Provider may change the subscription plan fees at any time by providing the Customer with at least 30 days’ notice. If Customer is not accepting with any such change to the subscription plan fees, then the Customer may terminate this Agreement.
10.ACCOUNT AND ACCESS:
10.1: Customer is responsible for maintaining the confidentiality of account information.
10.2: Unauthorized use must be reported to the Provider immediately.
11.USAGE RESTRICTIONS:
11.1: Customer agrees not to reverse engineer, decompile, or disassemble the Service.
11.2: The Service is for internal use only and may not be resold without express written consent.
11.3: Customer must comply with the total number of users allowed under the relevant Flussos Plan purchased.
12.DATA ACCESS AND SECURITY:
12.1: Provider implements reasonable security measures to protect Customer's data.
12.2: Provider may require access to Data to fulfill rights and obligations under these Terms.
13.SUPPORT AND MAINTENANCE:
13.1: Provider will provide reasonable technical support during the subscription term. Whilst the Provider will endeavour to make the Service available at all times, the Customer’s access may be affected by the unforeseeable events.
13.2: Maintenance activities will be communicated in advance wherever possible.
14.INTELLECTUAL PROPERTY:
14.1: All intellectual property rights in the Service belong to Provider.
14.2: Customer retains ownership of its data.
15.LIMITATION OF LIABILITY AND WARRANTY:
15.1: Neither party is liable for loss of profit, revenue, savings, business, use, Data and/or goodwill or loss of any kind.
15.2: All implied guarantees, warranties, representation, statements relating to these Terms and the Service that are not contained in these Terms, are excluded to the maximum extent permitted by law.
15.3: Provider's total liability is capped at the total amount paid by Customer in the previous three months.
15.4: Each party must use its reasonable efforts to mitigate any loss it may suffer in connection with these Terms.
16.GOVERNING LAW:
16.1: This Agreement is governed by and construed in accordance with the laws of Australia.
17.MISCELLANEOUS:
17.1: This Agreement constitutes the entire understanding between the parties.
17.2: Amendments must be in writing and may be communicated through the online platform.
17.3: Force Majeure, contact methods, and severability provisions outlined.
17.4: These Terms supersede all prior agreements.