Terms of Service

**Last Updated:** March 6, 2025

1. Acceptance of Terms

Welcome to Flowziac ("we," "our," or "us"). By accessing or using our WhatsApp automation platform and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

2. Description of Service

Flowziac provides a cloud-based platform that enables businesses to automate WhatsApp communications, manage customer conversations, build interactive flows, and integrate with third-party applications. Our Services include:

• Flow builder for creating automated conversation paths
• Contact management and segmentation
• Message broadcasting and campaign management
• Template creation and approval workflows
• Analytics and reporting
• API integrations with WhatsApp Business API and other services
• Inbox management for live agent conversations

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into this agreement. By using our Services, you represent and warrant that:

• You are of legal age to form a binding contract with Flowziac
• You have the authority to bind your organization to these Terms if you are using the Services on behalf of an organization
• All information you provide to us is accurate, current, and complete
• You will maintain the accuracy of such information

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate and complete information during registration
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

4.2 Workspace Management

Our platform operates on a workspace model. You may create multiple workspaces and invite team members. As a workspace administrator, you are responsible for:

• Managing user permissions and access levels
• Ensuring team members comply with these Terms
• Billing for your workspace's subscription plan

5. Acceptable Use Policy

You agree to use our Services in compliance with our [Acceptable Use Policy](legal/static/acceptable-use-policy.md), which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account.

6. WhatsApp Business API Compliance

6.1 WhatsApp Policies

Our Services integrate with the WhatsApp Business API. You agree to:

• Comply with all WhatsApp Business API Terms of Service and policies
• Only use approved message templates for session messages
• Respect WhatsApp's rate limits and quality ratings
• Not attempt to circumvent WhatsApp's message opt-out mechanisms
• Ensure your use of WhatsApp through our platform complies with all applicable laws

6.2 Message Content Responsibility

You are solely responsible for the content of all messages sent through our platform, including:

• Ensuring messages comply with WhatsApp's Commerce and Business policies
• Obtaining proper consent from recipients where required
• Not sending prohibited content (spam, illegal material, etc.)
• Respecting user privacy and data protection rights

7. User Content and Data

7.1 Your Data

You retain all right, title, and interest in and to the data you upload, input, or otherwise provide to our Services ("Your Data"). You are solely responsible for:

• The accuracy, quality, and legality of Your Data
• Ensuring you have all necessary rights, consents, and permissions to process Your Data through our Services
• Complying with all applicable data protection laws regarding Your Data

7.2 License Grant

By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Your Data solely to:

• Provide and improve our Services
• Perform analytics and generate reports
• Fulfill our obligations under these Terms
• Comply with legal requirements

This license terminates when you delete Your Data or terminate your account, except as necessary to comply with legal obligations or maintain backup copies.

7.3 Data Retention

We will retain Your Data for as long as your account is active or as needed to provide you with Services. You may delete Your Data at any time through your account settings. See our [Privacy Policy](legal/static/privacy-policy.md) for details on data retention and deletion.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Flowziac platform, including all software, designs, logos, trademarks, service marks, and content (excluding Your Data) is owned by Flowziac and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use our platform for your internal business purposes in accordance with these Terms.

8.2 Your Content

You retain ownership of Your Data and any content you create using our Services. However, by using our Services, you grant us the right to use your company name and logo for promotional purposes, such as in case studies or testimonials, with your prior consent.

9. Subscription and Payment Terms

9.1 Pricing

Our Services are offered on a subscription basis. Current pricing is available on our website. We reserve the right to modify our pricing with 30 days' prior notice.

9.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable unless otherwise specified.

9.3 Payment Methods

We accept various payment methods as indicated on our website. You authorize us to charge the payment method provided for all applicable fees.

9.4 Overdue Payments

If your payment is overdue, we may:

• Suspend or limit your access to the Services
• Charge late fees as permitted by law
• Terminate your account after 30 days of non-payment

10. Free Trial

We may offer free trials of our Services. Trial periods and any associated limitations will be clearly disclosed. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

11. Cancellation and Termination

11.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will not receive a refund for fees paid for the current billing period.

11.2 Termination by Us

We may suspend or terminate your account and access to the Services at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our Acceptable Use Policy
• Is harmful to other users, us, or third parties
• Is illegal or fraudulent
• Involves unauthorized access or use of our Services

11.3 Effect of Termination

Upon termination:

• Your access to the Services will immediately cease
• We may delete Your Data from our active systems (some data may be retained in backups for a limited period)
• You remain responsible for all fees incurred prior to termination
• Provisions that by their nature should survive termination shall survive

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWZIAC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Flowziac and its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or data you submit or transmit through the Services

15. Third-Party Services

Our Services may integrate with or provide links to third-party services, including WhatsApp. We are not responsible for the availability, accuracy, or content of such third-party services. Your use of third-party services is subject to their respective terms and policies.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction, e.g., India]. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Flowziac regarding the Services and supersede all prior agreements and understandings.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Flowziac Technologies Private Limited

Email: legal@flowziac.com

Address: [Your Company Address]