Terms of Service
Last Updated: January 1, 2025
Welcome to FlowGenX.ai. These Terms of Service govern your access to and use of our Site and our provision of Services. By accessing or using our platform, you agree to be bound by these Terms.
Please read these Terms carefully as they contain important information about your rights and obligations. If you do not agree to these Terms, please do not use our Services.
Agreement to Terms
Acceptance of Terms
By accessing or using FlowGenX.ai, our Site, and/or using any of our Services (including our Products), you agree to be bound by these Terms of Service. These Terms govern your access to and use of our platform and all related services.
Definitions
Throughout these Terms, we refer to FlowGenX AI as 'FlowGenX AI', 'we', 'us', or 'our'. We refer to you, the person or entity agreeing to these Terms, as 'you', 'your', or (when licensing or purchasing our Products) a 'Customer'. Our website is referred to as the 'Site', and all services we provide are collectively referred to as 'Services'.
Changes to Terms or Services
Modification Rights
We may modify these Terms at any time. When we do, we'll notify you either by posting the modified Terms on our Site or through other communications. Your continued use of the Site and Services after notification constitutes acceptance of the modified Terms.
Binding Agreement
By continuing to use our Services after modifications, you indicate agreement to be bound by the updated Terms and to license our Products under the new conditions.
Your Rights and Restrictions
Permitted Use
Subject to your compliance with these Terms, FlowGenX AI grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to electronically access and use the Site solely as provided in these Terms.
Prohibited Activities
You may not: circumvent our fee structure; access unauthorized systems; copy or distribute Site materials without permission; reverse engineer our platform; interfere with Site operations; use unauthorized access tools; impersonate others; or use our trademarks without written authorization.
License Termination
The licenses granted terminate if you fail to comply with these Terms. No resale rights are included, and you may not reproduce, duplicate, or exploit our Services for commercial purposes without express written consent.
Intellectual Property Rights
FlowGenX AI's Ownership
All content, graphics, design, compilation, know-how, and other Site materials are protected by copyright, trademark, and other proprietary rights. FlowGenX AI and its licensors exclusively own all rights to FlowGenX AI Materials, including all Intellectual Property Rights.
Your Data Ownership
You own all right, title, and interest in your Customer Data - all non-public data you provide to enable our Services. We respect your data ownership while providing our platform capabilities.
Third-Party Rights
Some Site content may be copyrighted work of third parties. Other trademarks and logos used in connection with our Service may be owned by their respective owners.
Account Creation and Information Requirements
Registration Requirements
You must register with FlowGenX AI to become a Customer. You agree to provide accurate, complete registration information and keep it current. We may store and use your registration information to maintain your account.
Prohibited Information - Third-Party Confidential Data
You must not upload or provide any data you're restricted from disclosing under confidentiality agreements with third parties. FLOWGENX AI EXPRESSLY DISCLAIMS ALL LIABILITY regarding any third-party confidential information.
Sensitive Data Restrictions
You shall not upload sensitive data including: HIPAA/HITECH protected health information, PCI DSS cardholder data, or GLBA nonpublic personal information (NPI). General contact information like email addresses and names are not considered NPI unless combined with sensitive financial or health data. For sensitive data processing, use our Enterprise version (SOC 2 Type II certified) or self-hosted deployment.
Privacy and Data Use
Privacy Commitment
Protecting your privacy is important to us. We protect your personal information according to our Privacy Policy. We do not use customer data for any purpose other than providing Services to our customers.
Data Usage Policy
We do not train models on customer data. We do not share customer data with AI providers for the purpose of improving their products. Your data remains yours and is used solely to deliver our Services.
Data Security
Security Measures
FlowGenX AI implements reasonable administrative, physical, and electronic measures to protect against unauthorized access, use, or disclosure of your information. We store all data in secure locations and perform multiple daily backups with regular testing.
Your Security Responsibilities
You must keep your password and online ID secure, notify us immediately of potential security breaches, and follow proper security protocols. You're responsible for all transactions performed using your account credentials.
Third-Party Access and Internet Security
Some third parties may have incidental access to your information for IT service purposes under confidentiality agreements. We cannot guarantee absolute security as no Internet transmission method is completely secure. FLOWGENX AI SHALL HAVE NO LIABILITY for unauthorized access except when due solely to our gross negligence or misconduct.
Ordering Products and Services
Key Definitions
Authorized User: Individuals authorized to access our Products and Services. Delivery: Electronic availability of Products/Documentation. Order: Purchase of a Product with valid online payment. Subscription: Licenses to Products and Documentation including access to supported versions.
Ordering Process
Select Products from our pricing page and complete the payment process. Successful payment completion constitutes an agreement for us to provide Products and for you to receive and pay for them.
Subscription Terms
Subscriptions automatically renew for successive one-year terms at current fees unless you provide written notice of non-renewal at least 14 days before term end. Products are delivered electronically, and usage may be subject to limitations as specified in your subscription.
Cloud Services
Cloud Infrastructure
We maintain exclusive control over the method and means of providing Cloud Services. We operate Services professionally and in accordance with applicable law, taking necessary steps to prevent interference with other customers' use.
Your Cloud Responsibilities
You're responsible for the accuracy and legality of Customer Data, maintaining proper password security, and ensuring Authorized Users comply with terms. You may only access accounts and data explicitly belonging to you.
Usage Restrictions
Prohibited activities include uploading unlawful content, reverse engineering the Cloud Infrastructure, interfering with operations, or transmitting harmful software or routines.
Data Backup and Storage
We regularly back up databases and make commercially reasonable efforts to restore lost data, but cannot guarantee complete error-free backups or retention beyond 30 days.
Warranties and Disclaimers
Limited Warranty
We warrant that for 30 days after initial Delivery, Products will function substantially according to Specifications when properly installed (for On-Premise) and maintained with current Updates.
High-Risk Activities Disclaimer
Our Products and Services are NOT designed for use in hazardous environments requiring fail-safe performance, such as nuclear facilities, air traffic control, or life support systems. We specifically disclaim fitness for High-Risk Activities.
General Disclaimers
EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY. We don't warrant that Services will be uninterrupted, error-free, or that they'll resolve any specific problem. We disclaim all other warranties including merchantability and fitness for particular purposes.
Termination
Termination Rights
Either party may terminate Subscriptions immediately for material breach not remedied within 30 days. We may terminate if your use violates laws or threatens service security for other customers.
Account Termination by FlowGenX AI
We may cancel your account for providing false information, breaching Terms, or if your account is associated with a competitor. You may cancel anytime by emailing TOS@flowgenx.ai.
Effect of Termination
Upon termination, your access rights immediately end, all fees become due, and you must uninstall/destroy all copies of Products and Documentation. Certain sections survive termination including payment obligations and liability limitations.
Payment Terms
Payment Obligations
Payment rights accrue on Product/Service Delivery date. All payments are non-cancelable and non-refundable unless expressly stated otherwise. Prices exclude taxes, which are your responsibility.
Late Payment Consequences
Outstanding balances may result in Service withholding. Late payments incur 1.5% monthly interest (or maximum legal rate). You're responsible for collection costs including reasonable attorney fees.
Currency and Tax Responsibility
All payments in US dollars. You're responsible for all taxes except those based on our net income. Present exemption certificates where applicable.
Indemnification and Liability
Your Indemnification Obligations
You agree to defend and indemnify FlowGenX AI from claims arising from: your Site/Service use, Terms violations, third-party right violations, or claims that your information caused third-party damage.
Liability Limitations
IN NO EVENT WILL FLOWGENX AI BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. Our total liability is limited to amounts paid by you in the 6 months preceding any claim.
Third-Party Content Disclaimer
We're not responsible for user content or third-party websites/resources linked from our Site. You assume all risk from using third-party resources.
Export Regulations and Compliance
Export Controls
Products and Services are subject to U.S. export controls, specifically Export Administration Regulations. Both parties must comply with relevant import/export regulations.
Prohibited Entities
You may not transfer, export, or re-export Products/Services to Prohibited Entities and affirm you're not a Prohibited Entity or acting on behalf of one (as defined under U.S. laws).
Data Collection and Consent
Types of Data Collected
We collect Personal Information (name, email, contact details) for account management and support, and Usage Data (interaction patterns, preferences) to improve functionality and user experience.
Consent Mechanism
Consent is obtained through explicit acceptance of these Terms during account creation. Consent is freely given, specifically informed, and unambiguous per data protection regulations.
Withdrawal Rights
You may withdraw consent anytime by contacting TOS@flowgenx.ai. Note that withdrawing consent may affect service feature availability and functionality.
General Provisions
Entire Agreement
These Terms constitute the complete agreement between parties regarding Services, superseding all prior agreements. If any provision is found invalid, it will be enforced to the maximum extent possible while other provisions remain in effect.
Assignment and Notices
You may not assign these Terms without our written consent. We may freely assign these Terms. All notices must be in writing, in English, and sent to specified addresses or confirmed email.
Governing Law
These Terms are governed by Delaware state law without regard to conflict of laws provisions. Legal actions must be brought in Delaware state courts. Force majeure events excuse performance delays beyond reasonable control.
Contact Information
Questions and Support
If you have any questions about these Terms or our Services, please contact FlowGenX AI at TOS@flowgenx.ai. We're here to help clarify any aspects of our Terms of Service.
Legal Notices
All legal notices and formal communications should be sent to the contact information provided in these Terms. We will respond to inquiries in accordance with applicable legal requirements and our standard business practices.
Legal Compliance and Transparency
These Terms are designed to be clear, comprehensive, and compliant with applicable laws and regulations. We are committed to maintaining transparent business practices and protecting your rights while providing our innovative AI platform services. For any questions or clarifications regarding these Terms, please contact us at TOS@flowgenx.ai.