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Legal & Compliance

Terms of Service

By California Software Company LimitedLast updated: May 2023Platform: Flowzo CRM — flowzo.ai
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE FLOWZO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM OR SERVICES.
Introduction

Welcome to Flowzo CRM

These Terms of Service contain the terms and conditions that govern all use of our Platform and Services and all content, services, and/or products available on or through the Platform (collectively, the "Flowzo Services").

The Flowzo Services are offered subject to your acceptance, without modification, of all terms and conditions contained herein and all other operating rules, policies (including our Privacy Policy), and procedures that may be published from time to time (collectively, the "Terms"). When accepted by you, these Terms form a legally binding contract between you and California Software Company Limited ("Supplier").

If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity. Supplier may, at its sole discretion, suspend or terminate access to the Flowzo Services to anyone who violates these Terms. If you register for a free plan or free trial, the applicable provisions of these Terms govern that plan or trial.

Section 1

Definitions

  • Account — the primary means for accessing and using the Flowzo Services, subject to payment of the applicable Fee.
  • Activity — Calls, Email, SMS, Appointments, Tasks, Events, Meetings and other actions associated with a Lead, Deal, Contact, or Company.
  • Billing Cycle — a duration cycle for which billing is done in one go, as indicated under the billing section or in the Order Form.
  • Client — a natural or legal person who has accepted these Terms with the Supplier.
  • Client Data — files and any other digital data and information subjected to the Flowzo Services or inserted into the System by the Client.
  • Deal — a Client's ongoing, lost, or won sales to a Company or Contact.
  • Fee — regular payment for using the activated Account.
  • Force Majeure — an act of war, hostility, sabotage, act of God, electrical, internet, or telecommunication outage, cyber-attacks, government or regulatory restrictions, or any other event outside the reasonable control of the obligated party.
  • Free Trial — temporary access for the purposes of trying out the Flowzo Services without paying a Fee.
  • Flowzo Materials — the visual interfaces, graphics, design, systems, software, services, "look and feel", and all other elements of the Flowzo Services.
  • Flowzo Services — the Website, System, Content, Platform, and all content, services, and/or products available on or through the Platform.
  • Pipeline — the process of making a Deal, which consists of several Stages.
  • Plan — various criteria related to the use and functionality of the Flowzo Services on which the Fee is based.
  • Platform — the Flowzo CRM sales customer relationship management application.
  • Planned Downtime — the period during which the Services may be shut down for planned maintenance, scheduled during non-business hours where possible, with at least 24 hours' prior notice.
  • Sensitive Information — passwords; financial information such as bank account or credit card details; government IDs; health information; biometric data; or other data subject to applicable privacy regulations.
  • Supplier — California Software Company Limited, having its principal place of business at Greeta Towers, First Floor, Workflo, Industrial Estate, OMR Phase 1, Perungudi, Chennai – 600096, India.
  • User — a natural person granted authorisation to use the Account on behalf of a Client.
Authority

Authority to Accept These Terms

The use of the Flowzo Services is subject to acceptance of these Terms. To accept these Terms, a person must have legal capacity to do so. An individual must be at least 18 years of age. A legal entity must be duly incorporated and in good standing.

These Terms are accepted as soon as one of the following occurs: (a) the person has received confirmation of the creation of the Account and login credentials; or (b) upon gaining access to services that do not require an Account.

You may not, without Supplier's prior written consent, access the Flowzo Services for production purposes if you are a competitor of Flowzo, to monitor its availability or performance, or for benchmarking purposes.

Modifications

Modifications to Terms

Supplier reserves the right to change, modify, add, or remove portions of these Terms at any time by posting such changes on or through the Platform. Your continued use of the Flowzo Services after such changes constitutes your binding acceptance of such changes.

Such amended Terms will automatically be effective upon the earlier of (a) your continued use, or (b) 30 days from posting of the modified Terms.

Supplier

Our Responsibilities

Provision of Flowzo Services

Supplier will make the Flowzo Services and Client Data available pursuant to these Terms, provide applicable standard support at no additional charge, and use commercially reasonable efforts to make the Flowzo Services available 24 hours a day, 7 days a week, except for planned downtime (with advance electronic notice) and any unavailability caused by circumstances beyond Supplier's reasonable control.

Protection of Client Data

Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Client Data. Safeguards include measures for preventing access, use, modification, or disclosure of Client Data by Supplier personnel except (a) to provide the Flowzo Services, (b) as compelled by law, or (c) as a Client or User expressly permits in writing.

Section 3

3.1–3.3 Account & Login

Establishing an Account

To create an Account, complete the sign-up form on the Website and accept these Terms. Each Client may have only one Account. If several persons need to use an Account, Client must designate them as Users. The Client and any User must provide true, accurate, current, and complete information and keep it up to date.

Login Credentials

Supplier shall provide login credentials to log in to the Account. These credentials must not be shared by multiple persons. Client and each User are responsible for keeping all login credentials confidential. Client must promptly notify Supplier of any disclosure, loss, or unauthorised use of login credentials, or of a User's departure or change in role.

Account Termination

Client may terminate these Terms at any time as provided in Section 8. Supplier shall permanently delete the Account within six months of the effective date of termination.

Section 3.4–3.9

Fees & Billing

The use of an Account is subject to a Fee. The applicable Fee is charged in advance on monthly or annual intervals unless agreed otherwise. All Fees are non-refundable — there are no refunds or credits for periods where the Client did not use an activated Account, used it partially, or deactivated the Account during an ongoing payment interval.

Changing Plans

Any Client may upgrade or downgrade a Plan at any time. Downgrading may cause the loss of features, capacity, or Client Data. If Client upgrades, the unused portion of prepaid Fees shall be applied to the new Plan's Fee.

Free Trial

New Clients may be entitled to a Free Trial. No credit card information is required during the Free Trial. If the Free Trial expires, the Account will be automatically deactivated. To reactivate, Client must select a Plan and pay the first Fee. If Client does not pay within 2 weeks of expiry, Supplier has the right to permanently delete the Account including all Client Data.

Late Payment

Upon delay with any payments, Supplier may require the Client to pay interest at 1% per month for the delay period.

No Cost EMI

No Cost EMI can be availed only for invoice amounts exceeding INR 1,0,000 (excl. GST). Flowzo reserves the right to stop this facility at any time without prior notice. The bank may charge a nominal processing fee of INR 99. In case of refund, the customer bears any interest absorbed on their behalf.

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Payment Card Authorisation

Supplier may seek pre-authorisation of your payment card prior to purchase. You authorise such card account to pay any amounts described herein. You agree to provide updated card information upon Supplier's request or when information becomes invalid.

Section 3.10–3.13

Client Data

All rights, title, and interest in and to Client Data belong to the Client or third persons. By uploading Client Data to the Platform, Client authorises Supplier to process it. Client is responsible for ensuring that Client Data does not violate these Terms or the rights of any person, is not harmful or unlawful, and that Client holds the necessary rights to use and insert the data.

Supplier may use Client Data in an aggregated or anonymised format for research and similar purposes. Supplier may not otherwise use or display Client Data without Client's written consent. Client retains exclusive ownership of all Client Data.

Client grants Supplier the right to use and analyse aggregate system activity data to optimise, improve, and create new features for the Flowzo Services.

Customer Name & Logo

Flowzo intends to use the Client's brand name, website address, and logo in marketing collaterals during and after active engagement, unless the Client expressly requests otherwise in writing.

No Guarantee of Accuracy

Supplier does not guarantee any accuracy with respect to information contained in Client Data. Client, not Supplier, is entirely responsible for all Client Data uploaded, posted, transmitted, or otherwise made available through the Flowzo Services.

Compelled Disclosure

Supplier may disclose Client's confidential information to the extent compelled by law. Supplier will use commercially reasonable efforts to provide Client with prior notice of the compelled disclosure where legally permitted.

Section 3.15

Technical Support

Supplier shall provide reasonable technical support to Client and its authorised Users at reasonable request. Support contacts:

Support TypeResponse Time
Email acknowledgementWithin 3 hours
Detailed responseWithin 8 hours
Tech support resolutionWithin 24 to 48 hours
Section 3.17–3.18

Restrictions & Prohibited Activities

Client and its authorised Users may use the Flowzo Services only in the scope and for the purposes identified in these Terms and applicable law. Neither the Client nor any User may:

  • Use the Flowzo Services to commit a crime, breach any applicable law, or entice others to carry out illegal actions;
  • Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer, or decompile the Flowzo Services or any part thereof;
  • Sell, resell, lease, license, sublicense, or otherwise grant access to the Flowzo Services to third persons without Supplier's prior written consent;
  • Use the Flowzo Services by means of programs that send automatic enquiries or requests, unless such program has been made available by Supplier;
  • Use the Flowzo Services if you are a competitor of Flowzo, for benchmarking, or to monitor the availability or performance of the Flowzo Services.
Section 3.19

Privacy

Supplier takes the privacy of its Clients and Users very seriously. Supplier's Privacy Policy at flowzo.ai/privacy-policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier's collection, use, and disclosure of Client's or User's personal information.

Section 3.20–3.21

Intellectual Property Rights

The Flowzo Services, Flowzo Materials, trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Supplier and its third-party vendors and hosting partners. Flowzo Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws.

Your use of the Flowzo Services does not grant you any ownership right or intellectual property rights. Any commercial or promotional distribution, publishing, or exploitation of Flowzo Materials is strictly prohibited unless you have received the express prior written permission from Supplier.

Section 3.23

Feedback

If Client or a User provides Supplier with any comments, bug reports, feedback, or modifications for the Flowzo Services ("Feedback"), Supplier shall have the right to use such Feedback at its discretion, including incorporation of such changes into the Flowzo Services.

Client or User hereby grants Supplier a perpetual, irrevocable, nonexclusive, royalty-free licence to incorporate, publish, reproduce, distribute, modify, adapt, publicly display, and use such Feedback for any purpose.

Section 3.24

Third-Party Sites, Products & Services

The Flowzo Services may include links to other websites or services ("Linked Sites") solely as a convenience. Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through them. Access and use of Linked Sites is solely at your own risk.

Section 4

Disclaimers; No Warranty

UNLESS OTHERWISE EXPRESSLY STATED BY SUPPLIER, THE FLOWZO SERVICES, FLOWZO MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLOWZO SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
SUPPLIER AND ITS AFFILIATES DO NOT WARRANT THAT THE FLOWZO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FLOWZO SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Section 5

Indemnification

You agree to defend, indemnify, and hold harmless Supplier and its affiliates, and their respective directors, officers, employees, and agents from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Flowzo Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants herein. Supplier reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Supplier.

Sections 6 & 7

Limitation of Liability

Supplier shall not be liable to the Client or User for any consequences resulting from: modifications in these Terms or the Flowzo Services; deletion of or failure to store Client Data; use of Client Data by Client or Users; upgrading or downgrading the Plan; or any disclosure, loss, or unauthorised use of login credentials due to Client's failure to keep them confidential.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLOWZO AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER FOR THE FLOWZO SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT.

Exclusion of Consequential Damages

IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8

Termination

For Convenience

These Terms may be terminated for convenience: (a) by the Client at any time by clicking the cancellation link on the Website when logged in; (b) by Supplier upon a decision to end provision of the Flowzo Services and close the Platform; or (c) immediately by either party if proceedings are initiated for the other party's liquidation or insolvency.

For Default

These Terms may be terminated for default upon written notice: (a) by either party in case of breach, if the breach has not been cured within 30 days of receipt of notice; or (b) immediately by either party if the other party breaches its obligations under the Intellectual Property Rights, Indemnification, or Restrictions sections.

Effect of Termination

Upon termination, Supplier shall deactivate and permanently delete the Account within six months of the effective date. If Client requests earlier deletion, Supplier shall fulfil such request within 1 month of receipt. Client must stop using the Flowzo Services, pay any amounts owed, and discharge any liability incurred before termination.

Section 11

Governing Law & Jurisdiction

For Customers in India

These Terms shall be governed by and construed in accordance with the laws of India. Parties shall try to resolve any dispute by mutual discussions, failing which the same shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Chennai, Tamil Nadu, and the language of arbitration, English. The courts at Chennai, India shall have exclusive jurisdiction.

For Customers Outside India

These Terms shall be governed by and construed in accordance with the laws of India. Parties shall try to resolve any dispute by mutual discussions. Parties consent to the exclusive jurisdiction of the competent courts at Chennai, Tamil Nadu, India.

Sections 12–19

General Provisions

Relationship of the Parties

The parties act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, or fiduciary duty between Client and Supplier.

Severability

If any provision of these Terms is held to be invalid, unenforceable, or illegal, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining provisions shall not be affected.

Force Majeure

Neither party shall be responsible for failure or delay in performance if caused by Force Majeure, except in respect of payment obligations. Each party will use reasonable efforts to mitigate the effect of a Force Majeure event.

Entire Agreement

These Terms are the entire agreement between Client and Supplier regarding Client's use of the Flowzo Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

Assignment

Client may not assign or transfer these Terms without Supplier's prior written consent. Client may assign these Terms without consent to any entity under common control, or in connection with a merger, reorganisation, or sale of assets.

No Waiver

Failure of either party to exercise or enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

Notices

All notices related to these Terms will be in writing and will be effective upon personal delivery, the second business day after mailing, or the day of sending by email (except for Legal Notices requiring termination or indemnifiable claims).

Subscription Start Date

Your subscription start date is when you make a payment for the subscription.

Section 22

Contact Information

Questions about these Terms of Service should be sent to:

California Software Company Limited

📍 Greeta Towers, First Floor, Workflo, Industrial Estate
OMR Phase 1, Perungudi, Chennai – 600096, India

✉️ Legal: support@flowzo.ai

📞 Phone: +91 81222 20451

🌐 Website: www.flowzo.ai

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