TERMS OF SERVICE

Last updated on: 7th October 2023

Deepwork Technologies Private Limited, having its registered office at SY 11, WeWork Krishe Emerald, Kondapur, Hyderabad - 500081, India (“Company” or “we” or “us”), is the owner of the web-applications hosted at https://app.floww.ai/ and related mobile applications (collectively referred as “Platform”)

The Company requests the Subscriber (as defined below) to carefully go through these terms & conditions (“Terms of Service” or “TOS” or “Terms”) prior to accessing the Platform or availing Services (as defined below). If Subscriber continues to browse and use the Platform to avail Services, Subscriber irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at https://floww.ai/company/privacy-policy/ and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions”). The Terms and Conditions shall govern the Company’s relationship with Subscriber in relation to the usage of the Platform. These Terms and Conditions supersede any and all previous oral, written terms and conditions (if any) communicated to Subscriber and shall act as a binding agreement between Company and the Subscriber.

The Company and the Subscriber hereinafter may be individually referred to as the “Party” and collectively as the “Parties.”

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES

1. Definitions

  • “Affiliates” means with respect to a Party, any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, directly or indirectly controlling, or is controlled by, or is under common control (where control means the ownership of a majority share of the stock, equity or voting interests of such entity) with the said Party and also those legal entities which are related parties of the concerned Party.
  • “Account” means any accounts or instances created by or on behalf of You for access and use of the Services.
  • "Subscriber" “Subscribers” or “You” “Your” shall mean any person or entity availing the Services through the Platform, or his/her representatives or Affiliates who are registered on the Platform or any visitor on the Platform.
  • “Subscriber Data” shall mean any information including without limitation the data of data subjects shared by the Subscriber for the purpose of availing the Service via the Platform.
  • “Service(s)” means Floww.ai’s cloud-based software and related products intended to enhance the sale and workflow aspect of Subscriber’s business and services that You are considering subscribing or have already subscribed. Additionally, Services will also include any new services or features that Company may introduce as a Service in near future which You may subscribe to, and any updates to the Services, including individually and collectively, any software, APIs.
  • “Subscription” means in consideration of a fee Your Subscription to the Services through a pricing plan of Your choice for Your access and use of an Account. You may have multiple Subscriptions for the Services offered by the Company, such multiple accounts will be subject to separate and distinct pricing plan.

2. Changes and updates to the Terms and Conditions

  • Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time with/without notice to You. To ensure that You are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for You to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede the old Terms and Condition. We shall not be under an obligation to notify You of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform and Services after the updated Terms and Conditions have been published, it shall be deemed that You have read and understood and accept the updated Terms and Conditions. Any reference to Terms of Service, TOS, made herein shall refer to the latest version of the Terms of Service.

3. Platform license

  • Subject to Your compliance with the TOS, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform within the territory. No license or right is hereby granted by implication otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS. The license granted herein shall be available for Subscription term and restricted solely to the usage of Subscriber, excluding any Affiliates.
  • You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. Subject to the right granted under this TOS, Company explicitly reserves all rights and interest in the Platform. It is clarified that nothing in this TOS shall be construed as conferring any right or license to any patent, trademark, or other proprietary rights of the Company or any third-party, whether by estoppel, implication or otherwise.

4. Service(s) provided to Users

The Company provides an array of features and functionalities to the Subscribers on it’s Platform. These features include, inter alia:

  • Efficiently capture, track, and nurture leads from various channels;
  • Distribute leads among the users based on predefined criteria and ensure optimal allocation for faster and more efficient sales conversions.
  • Assigning multiple users to the same lead simultaneously, enabling parallel processing;
  • Non-code analytics services, allowing the Subscribers to analyse and visualize data easily
  • Access real time reporting instantly facilitating timely and informed decision making.
  • Set up and automate workflows for both repeated and complex tasks.
  • Utilize a sophisticated GPT-driven query system for multi-dimensional anlaytics
  • The Platform can be accessible through a mobile application designed specifically for front-line agents.

5. Eligibility

  • By using the Platform, You affirm and warrant to us that You are competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein as per the applicable laws.

6. Subscriber account registration

  • To avail Services, the Subscriber must have a valid Account on Platform.
  • Once a Subscriber successfully creates an Account, and after he/she receive the Account details, Subscriber has the authority to add additional Account as per their requirement in adherence with the terms and condition mentioned herein.
  • You agree and acknowledge that the Company does not validate Your identity and authenticity of the information provided to the Company for creating Account. You shall solely be responsible for the registration of the Account. Company shall not be liable in any manner for any claims/losses arising on account of the creation of the Account and in the event if there is any claim arising out of or in relation to Your creation of Account, You shall indemnify Company for whatsoever losses it may occur.
  • In order for the Services to be rendered by Company to You, You undertake to provide all necessary information (including personal data) and cooperation to Company in order for the implementation of Account to be satisfactory. Company shall not be liable for incomplete or unsuccessful implementations of Your accounts in those cases where the lack of successful implementation is due to Your act or due to lack of cooperation from You. Where You are purchasing Services in the name of an Affiliate, then You confirm You have full legal authority to request the Services to be rendered to Affiliates.
  • Each relevant Affiliate registered under Your Account must only access the Platform subject to its agreement with this TOS and such Affiliate accepts that Company may enforce such terms against Affiliates directly.
  • You undertake to inform Company forthwith in writing of any changes of control or changes to its Affiliates’ right to use the Services and/or to benefit from the Services, or where any Affiliate registered under Your account is no longer a part of Your group of companies. In this case, the Affiliates shall immediately cease to use the Services. If the Affiliate be interested in obtaining Company Services directly, it may enter into a separate agreement with the Company.
  • The Subscriber undertakes that it shall always permit the Company or their designated representatives to undertake an audit to ensure compliance with this TOS and verify the Subscriber’s use of the Platform and ensure compliance with this TOS. The Subscriber shall provide all assistance, documents, reports, and accesses to the Company for the said audits/inspections.

7. Platform Support and Performance

  1. Uptime: Company shall use commercially reasonable effort to make the Services available twenty-four (24) hours a day, seven (7) days a week, with an uptime guarantee of 99% except as mentioned below in this clause.
  2. Planned Maintenance shall not exceed 30 hours carried out during the calendar month as scheduled from time to time. The Planned Maintenance shall not exceed more than 2 hours on any single day. For the purpose of this Agreement, “Planned Maintenance” shall mean a planned maintenance whereby the Subscriber has been informed of the downtime by the Company to the extent practically reasonable, prior to its occurrence.
  3. Unscheduled maintenance required to be performed outside normal business hours of Subscriber due to reasons not controlled by Company, provided however that the Company has used reasonable endeavors to give the Subscriber an advance notice.
  4. The following circumstances are excluded from availability calculations:
    1. unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors;
    2. any problems resulting from Subscriber's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service;
    3. interruptions or delays in providing the Service resulting from telecommunications or internet service provider failures outside of our data center as measured by our third-party website availability monitoring provider; and
    4. any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service.
  5. During the maintenance support period, Subscriber shall make reasonable efforts to provide timely resolutions to issues. However, any major upgrades or enhancements to the Platform shall be considered outside the scope of the initial maintenance support services and may be subject to additional charges, as mutually agreed upon between the Parties. It is however clarified that the maintenance support provided by Company is contingent upon the Subscriber's compliance with the terms and conditions of this TOS, including adherence to the licensing and usage terms. Failure to comply with the TOS may result in the termination or suspension of maintenance support services by Company.
  6. Monitoring Rights: Company shall monitor the Subscriber’s use of the Services and reserves the right to cancel, suspend or terminate, without prior notice, the provision of Services or any part thereof, if it discovers or suspects a violation of applicable law or any terms of the TOS.

8. Fees

  • You acknowledge that You or any authorized individual acting on Your behalf is responsible for all fees charged by the Company for the Services.
  • Subscriber may create an additional Account to avail Service at any point of time and agree to pay the applicable fee thereon for that Service. The invoices for additional Account and /or one time setup fee shall be shared upfront before the go-live date of the Subscriber. Post going live the quarterly billing shall be generated. If invoices are not paid past their due date, the Service shall be automatically suspended. Recommencement of Service shall happen after all past dues including dues for the suspended period is paid in full. Subscriber cannot unsubscribe for any Service(s) in the current calendar quarter.
  • All charges and fees are exclusive of any applicable taxes payable by You where applicable from time to time. 15 % p.a. interest shall be applicable in the event of any delay or late payment of the fee Failure by You to pay any sums as and when due is a material default of this TOS.

9. Termination

  1. The Company reserves the right to suspend or terminate Your access to the Platform and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    1. You are in breach of any terms and conditions of this ToS;
    2. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
  2. Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform under the same account, a different account or re-register under a new account. The Company shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.

10. Fraudulent Transactions

You shall not engage in any form of fraudulent transactions and use the Services of the Company for perpetrating a criminal offense in any manner thereof. Any scheme or structure to defraud a person by You while using Services of Company shall be reported to the relevant law enforcement authorities. Company shall also keep a right to withdraw such Services in such a case.

11. Use of Your Information and Content and other content displayed on the Platform

  • If You create, transmit, submit, display or otherwise make available any information while using the Services, You may provide only information that You own or have the right to use. We may only use the information You provide as permitted by our Privacy Policy and applicable law.
  • We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the Subscriber, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the Subscriber data to be permanently deleted, irretrievable, or temporarily inaccessible.
  • You acknowledge and agree that we may preserve Your information and may also disclose Your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of Your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
  • You agree to only provide such information that does not violate the law or any person’s rights (including intellectual property rights).

12. Confidentiality

  • Confidential & Proprietary Information- For the purposes of this section, either Party receiving Confidential & Proprietary Information (as defined below) shall be the “Recipient” or the Party disclosing such information shall be the “Discloser”.
  • Acknowledgment: Subscriber hereby acknowledges that the Service (including any documentation, source code, translations, compilations, partial copies and derivative works) contains confidential and Proprietary Information belonging exclusively to Company, and Company hereby acknowledges that Subscriber Data contains confidential and proprietary information belonging exclusively to Subscriber or relating to its affairs (in each case, “Proprietary Information”). Confidential & Proprietary Information does not include: (i) information already known or independently developed by Recipient outside the scope of this relationship by personnel not having access to any Confidential & Proprietary Information; (ii) information in the public domain through no wrongful act of Recipient, or (iii) information received by Recipient from a third party who was free to disclose it. (iv) information independently developed by Recipient without any use of the Confidential & Proprietary Information of the Discloser.
  • Covenant: Recipient hereby agrees that during the term and at all times thereafter it shall not use, commercialize or disclose such Confidential & Proprietary Information of the Discloser to any person or entity, except to its own personnel having a “need to know” basis (and who themselves are bound by similar nondisclosure restrictions), and to such other recipients as the Discloser may approve in writing; provided that all such recipients shall have first executed a confidentiality agreement in a form acceptable to Discloser. Recipient shall not: (i) alter or remove from any Confidential & Proprietary Information of the Discloser any proprietary legend, or (ii) de-compile, disassemble or reverse engineer the Confidential & Proprietary Information (and any information derived in violation of such covenant shall automatically be deemed Confidential & Proprietary Information owned exclusively by the Discloser). Recipient shall use at least the same degree of care in safeguarding the Confidential & Proprietary Information of the Discloser as it uses in safeguarding its own confidential information, but in no event shall less than due diligence and care be exercised. Upon termination or expiration of this TOS, and regardless of whether a dispute may exist, Recipient shall return or destroy (as instructed by Discloser) all Confidential & Proprietary Information of Discloser in its possession or control and cease all further use thereof.
  • Injunctive Relief: Recipient acknowledges that violation of the provisions of this clause would cause irreparable harm to Discloser not adequately compensated by monetary damages. In addition to other relief, it is agreed that injunctive relief shall be available without necessity of posting bond to prevent any actual or threatened violation of such provisions. Each of the Parties will protect the other’s Confidential & Proprietary Information from unauthorized access, use or disclosure in the same manner as each of the Parties protects its own confidential information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to this TOS, each of the Parties may use the other’s Confidential & Proprietary Information solely to exercise its respective rights and perform its respective obligations under this TOS and shall disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. For purposes of this TOS, in addition to the terms and condition mentioned in this TOS, Your Confidential Information includes Subscriber Data, and the Company Confidential Information includes the Services, and the contents of this TOS or any other executed between the Parties.
  • The receiving Party may disclose Confidential Information of the disclosing Party to the extent compelled by law or a court or other judicial or administrative body. The receiving Party shall notify the disclosing Party of such compelled disclosure in writing (to the extent legally permitted). The receiving Party will take reasonable measures to protect the Confidential Information from undue disclosure as if it were the Party’s own confidential information being requested. Any information so disclosed by the disclosing Party shall be subject to the provisions of this clause.
  • Subject to the terms of this TOS, the receiving Party will return to the disclosing Party all Confidential Information of the disclosing Party in the receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon termination of the relevant Subscription(s) and/or Term of this TOS. At the disclosing Party’s request, the receiving Party will certify in writing that it has fully complied with its obligations mentioned under this TOS.
  • All confidentiality obligations shall remain in force and effect for the Term and shall survive the expiration and/or termination of this TOS for one (1) year. The provisions of this Section 9 shall supersede any non-disclosure agreement between the Parties entered prior to these Terms that would purport to address the confidentiality of Confidential Information and such agreement shall have no further force or effect with respect to Confidential Information.

13. Intellectual Property Rights

  1. Intellectual Property shall means and includes Parties’ patents, inventions (whether patentable or not), utility models, trademarks, service marks, algorithms, code-bases, logos, trade names, domain names, database rights, design rights, rights in know-how, trade secrets, copyrights, moral rights and any other intellectual property rights (including rights in computer software), in each case whether registered or unregistered and including applications for the registration or grant of any such rights and any and all forms of protection having equivalent or similar effect in the world and all other intellectual property rights of a similar or corresponding character which may now or in the future subsist in any part of the software developed by Company pursuant to this TOS (“Intellectual Property”);
  2. Company retains all rights, and interest of the Intellectual Property rights in and to the Platform and the Services including upgrades, copies, improvements, enhancement, derivatives works and modifications thereof and in any depersonalized, aggregate data, information or analysis derived from Subscriber Data.
  3. The Subscriber’s right to use the Platform is limited to those expressly granted under this TOS. No other rights with respect to the Platform or upgrades or any related Intellectual Property rights granted or implied.
  4. Notwithstanding anything to the contrary contained in this TOS, Company shall have no liability for a claim of infringement arising from:
    1. Any third-party software;
    2. The use of the Platform in a manner not permitted or contemplated hereunder or approved by the Company.

14. OBLIGATIONS AND RESPONSIBILITIES

Subscriber’s Obligations: The Subscriber shall be solely responsible and liable for:

  • obtaining all requisite approvals and ensuring compliance with the applicable law. In respect of the use of the Platform, the Subscriber acknowledges and agrees that the Subscriber is aware of applicable laws and regulations governing its use.
  • the acts and omissions of Subscriber. The Company shall not be liable for any loss of data or functionality caused directly or indirectly by the Subscriber.
  • obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, and web servers.
  • obtaining appropriate written permission and consent from individuals prior to sharing of Subscriber Data and information of such individuals with Company in accordance with applicable law.
  • obtaining specific consent from the owners and individual subjects to collect, process, transfer, store and share personal information in accordance with the requirements detailed under applicable laws. Assisting the Company with the integration of the Subscriber’s current information systems and data into the Platform, as well as cooperating with the gathering of Subscriber Data.
  • providing all the required information and assistance to Subscriber to enable Subscriber to deliver its Services. The Subscriber acknowledges that the Company’s ability to deliver the Services in the manner provided in this TOS may depend upon the accuracy and timeliness of such information and assistance. The Company shall not be liable for any delay in the provision of Services, provided that such delay is a consequence of an act or omission of the Subscriber.
  • As a condition of use, You promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for Your own use.
  • By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Use), or for no reason at all with or without notice to the Subscriber/Users.
  • Additionally, You shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights;  (vi) violates any laws for time being; and (vii) impersonate any person.
  • Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
  • Company’s obligations: Company shall offer to host and maintain the Platform and Subscriber Data as per applicable law. Company shall use commercially reasonable efforts to ensure the availability of the Software as per the agreed terms specified under this TOS.

15. Contact You

  1. You agree that we may contact You through telephone, email, or any other means of communication for the purpose of:
    • Obtaining feedback in relation to Platform/Services;
    • Resolving any complaints, information, or queries by other Users; and
    • You agree to provide Your fullest co-operation further to such communication by Company
  2. By submitting suggestions or other feedback regarding our Services/Platform, You agree that we can use and share such feedback for any purpose without any compensation to You and we are under no obligation to such feedback confidential.

16. Rights and Obligation relating to the usage of the Platform

  1. Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
    • violating or attempting to violate the integrity or security of the Platform;
    • transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
    • intentionally submitting on the Platform any incomplete, false or inaccurate information;
    • making any unsolicited communications to other Users;
    • circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
    • Any unlawful activities in the Platform which are prohibited by laws of India.
  2. The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 180 (one hundred and eighty) days for production to governmental authorities for investigation purposes.
  3. In case of non-compliance with any applicable laws, rules or regulations, or the Terms and Conditions (including the Privacy Policy) by a Subscriber, we shall have the right to immediately terminate Your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
  4. We may disclose or transfer Subscriber-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the Subscriber or where the Subscriber has consented to data transfer

17. Modification

We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof

18. Support

The Company offers an email-based support system along with an online knowledge pool of FAQs. In case You require any assistance or support, You may access support resources or contact our support by emailing at the email address - support@floww.ai and raise a ticket for Your query. The Company shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable. Any suggestions by the Company to You regarding use of the Platform shall not be construed as a warranty.

19. Disclaimer

The services (including, without limitation, any content) are provided “as is” and “as available” and are without warranty of any kind, express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. the company and its directors, employees, agents, suppliers, sponsors and partners do not warrant that: (a) the webengage services and the platform will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the platform is free of viruses or other harmful components; or (d) the results of using the platform will meet your requirements. your use of the platform and the services is solely at your own risk.

20. Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Services, and Platform; or (ii) Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.

21. Limitation of Liability

To the fullest extent permitted by law, in no event shall company (including its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers,) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) for your reliance on the services (iii) for any direct damages (iv) for any matter beyond its or their reasonable control, even if company has been advised of the possibility of any of the aforementioned damages.

22. Exemptions to liability of Company

You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:

  1. Your failure to cooperate;
  2. Your unavailability and/or unresponsiveness;
  3. Your failure to provide accurate and complete information;
  4. Your failure to provide or facilitate the submission of Subscriber Materials in timely manner;
  5. any event beyond Company’s reasonable control.

23. Governing Law

These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located at Hyderabad, India.

24. Miscellaneous

  1. The Terms and Conditions are the entire agreement and understanding between You and Company with respect to the Services and usage of Platform.
  2. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
  3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  4. The Terms and Conditions are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
  5. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

25. Grievance Redressal Mechanism

Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer through email signed with the electronic signature to

Attention:  Grievance Officer
Email ID: grievance-support@floww.ai