Terms of Service

1. Introduction

Subject to your compliance with all the terms, conditions, and notices contained or referenced herein ("Terms of Service" or "Agreement"), this Agreement applies to the services, SaaS product, website design software, application tools, and websites of Nexus Flow Innovations Pty Ltd ("NFI"), as further described below. "You" refers to you, your company, and any of your employees, representatives, users, and agents that use the Services (defined below) provided by NFI.

This Agreement outlines our obligations to you and your obligations to us. Except as otherwise noted, this Agreement constitutes the entire understanding between the parties. By using the Sites and the Service in any capacity, you agree to comply with these Terms of Service, our Privacy Policy, and any other legal notices, conditions, or guidelines posted on the Sites.

If you have any questions regarding this Agreement or about NFI, please contact us via email at info@nexusflowinnovations.com.

2. Acknowledgement and Acceptance of Terms

In addition to the terms and conditions outlined in the Terms of Service, you shall be subject to any posted guidelines or rules applicable to the Service when using it. These additional terms and conditions are incorporated into the Terms of Service by reference. By using the Service or accessing the Sites, you agree to be bound by the Terms of Service and the Privacy Policy. If you do not agree with these terms, please refrain from using the Service.

Please be aware that our Service may integrate with services provided by third parties on various platforms. Your activities on each of these platforms may be subject to additional terms of service specific to that particular platform.

Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time. Your use of such parts of the Service is subject to those additional terms and conditions, which are hereby incorporated into these Terms of Service by reference.

NFI shall not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

3. Services

NFI grants You access to a diverse range of software, services, information, communities, forums, and similar resources on our website (collectively referred to as "Services"). All Services are governed by the Terms of Use (TOU), which may be amended periodically. By accessing or using any of the Services, You acknowledge and agree to abide by the most current version of the TOU.

4. Registration/Accounts

If any portion of the Services requires You to register, You must complete the registration process by providing Us with current, complete, and accurate information as prompted by the applicable registration form. You are solely responsible for any and all activities that occur under Your account. It is Your obligation to maintain the confidentiality of Your account information, including Your password, and to monitor and control access to Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss or damage arising from Your failure to comply with this provision.

5. Ownership

Except for User Content (as defined below), all materials on the Service and the Service itself, as well as all Intellectual Property Rights (as defined below) contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code, and associated documentation (collectively, the "Content"), including but not limited to the design, structure, arrangement, and "look and feel" of such Content, are owned by or licensed to us and our licensors and are protected by copyright, trademark, and other Intellectual Property Rights and laws.

NFI does not grant users any license, express or implied, to the Intellectual Property Rights of NFI or its licensors, other than as provided herein. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.

NFI or its licensors retain all rights, title, and interest, including all Intellectual Property Rights, in and to: (i) the Services; (ii) anything used, developed, or delivered by or on behalf of NFI under this Agreement; and (iii) any modifications to the foregoing (i) and (ii).

Subject to the terms and conditions of this Agreement, NFI provides you with a non-exclusive, revocable license to use the Service, as expressly permitted by the features and functionality of the Service and the Terms of Service. NFI may terminate this license at any time for any reason or no reason.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

6. User Content and Feedback

By posting, publishing, or uploading content ("User Content") to the Service, you retain ownership of your User Content. However, you grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service for the purposes of operating and providing the Service to you and other users ("User Content License"). We have no obligation to store, maintain, or provide you a copy of your User Content, and you are solely responsible for any loss or unrecoverability of your User Content through your use of the Service.

If you choose to submit comments, ideas, or feedback about the Service, including suggestions for improvement ("Feedback"), you agree that your disclosure is gratuitous, unsolicited, and without restriction, placing no fiduciary or other obligation on NFI. We are free to use the Feedback without additional compensation to you and may disclose the Feedback on a non-confidential basis to anyone. By submitting Feedback, you acknowledge that NFI does not waive any rights to use similar or related Feedback previously known to NFI, developed by its employees, or obtained from other sources. Furthermore, all email and other correspondence that you submit to us shall become our sole and exclusive property.

You grant NFI a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and fully paid-up right during the Term to access, collect, use, process, store, disclose, and transmit your data to: (i) provide the Services; (ii) improve and enhance the Services and its other offerings; and (iii) produce data, information, or other materials that are not identified as relating to a particular individual or company ("Aggregated Data"). NFI may use, process, store, disclose, and transmit the Aggregated Data for any purpose and without restriction or obligation to you of any kind.

7. Rules (Your obligations to end users)

7.1 Role

NFI serves as a service provider, and you are considered a customer of our Services, regardless of whether you pay fees to access and utilize them. Any natural persons who access or use your NFI service and other software that you create on our Services are considered your end users. It is important to note that NFI does not have a direct relationship with any of your end users; consequently, NFI is not responsible for the manner in which you handle end user information. The responsibility for managing and protecting end user data lies solely with you, as the customer, and it is crucial that you implement appropriate measures to ensure the security and privacy of your end users' information in accordance with applicable laws and regulations.

7.2 Applicable Laws

The obligations outlined in this Terms of Service may not be exhaustive, and you might be subject to further responsibilities under local legislation. It is important to note that such local legal obligations could impose more stringent requirements than those stated herein. While using the Services can be beneficial, it does not guarantee full compliance with all applicable laws. Furthermore, NFI bears no responsibility for ensuring your adherence to these additional legal requirements, as the onus of compliance rests solely with you.

7.3 Security Safeguards

You shall employ all reasonable measures to safeguard information gathered from end users through your utilization of the Services, including any personal data, from unauthorized access or use. Should you uncover any breach, compromise, or inadvertent exposure of the end user information collected by you to unauthorized third parties, you shall promptly inform NFI of such an incident, providing details regarding the root cause, remedial actions taken, and compensating controls implemented to prevent future occurrences of similar breaches. It is imperative that you maintain open communication with NFI throughout the process to ensure transparency and maintain the trust of end users.

7.4 Security Notification

You are obligated to notify your end users, third parties, and relevant authorities in accordance with the pertinent breach notification statutes and any other applicable data protection laws. It is important to recognize that you bear sole responsibility for any personal injury or property damage that may arise from or be related to your use of any Services.

7.5 Privacy

You hereby acknowledge and agree that you bear sole responsibility for providing any necessary notices and obtaining all requisite consents from end users in relation to any use of the Services. The notice and consent you provide must comply with all relevant data protection and security laws and regulations. Without limiting the generality of the foregoing, prior to collecting or using any end user information, you are obligated to provide sufficient notice regarding the end user information you collect, how it will be used and/or shared, and obtain any necessary consents as required under the applicable data protection laws and regulations. Furthermore, you agree to adhere to all data protection laws and regulations (including those pertaining to personal information) in connection with your access and use of the Services.

7.6 Notice

You are required to provide and strictly adhere to a privacy policy governing your use of the Services. This privacy policy must be in full compliance with all applicable laws, rules, and regulations. It is essential that the privacy policy is prominently displayed and easily accessible to all end users. The policy should clearly and accurately outline the types of information you collect, which may include, but is not limited to, login information, contact form data, and cookies. Furthermore, the privacy policy must provide a transparent explanation of how you utilize and share the collected information, including any sharing of data with NFI and other third parties for purposes such as marketing and advertising.

7.7 Privacy Rights

You are responsible for responding to any end users who wish to exercise their privacy rights under applicable law in relation to the information collected through your use of the Services. For instance, if end users located in certain jurisdictions have the right to request the erasure of their personal information (also known as the "right to be forgotten"), you are obligated to comply with their request as mandated by the relevant legislation. It is important to note that you are directly responsible (i.e., the "data controller") for the information processed through your use of the Services, including any information processed via third-party applications available on the Services. NFI does not act as a data controller for such information and is not responsible for responding to end users on your behalf. In the event that NFI receives a request from an end user or authority regarding your use of the Services, NFI will notify you to the extent permitted by law.

8. Use of the Service

Your use of the Service is subject to all applicable laws and regulations. You shall not use the Services or any portion of your website(s) or web applications for any purpose that is unlawful, unethical, prohibited by law, or this agreement that could create liability for NFI.

You shall not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Service or any Content, or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services, copy, modify, or create derivative works of the Services, access or use the Services for the purpose of building a similar or competitive product or service, sell, resell, license, rent, lease, distribute, or time-share the Services, or attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password "mining", or any other illegitimate means.

You shall not probe, scan, or test the vulnerability of the Service or any Content, or any system or network connected to the Service, reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any other user or visitor, transmit spam, chain letters, or other unsolicited email, take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure, upload invalid data, viruses, worms, or other software agents through the Service, impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity, disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information), or use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person's use of the Service.

You shall not conduct, engage in, or otherwise process end user information or data to analyse individuals or groups of natural persons for unlawful or discriminatory purposes, use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service, or store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. Any unauthorised use of the Service or any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

8.1 Use of Software

Any software accessed through the Service shall be subject to the terms of the accompanying license agreement or the agreement posted alongside the software on the Sites where it can be accessed. In the absence of such a license agreement, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software for your personal or commercial use (when agreed upon) in compliance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall take precedence in relation to the software.

The software may undergo automatic updates from time to time. These updates are designed to improve, enhance, and further develop the software, and they may take the form of bug fixes, enhanced functions, new software modules, or entirely new versions. By using the software, you agree to receive such updates (and permit us to deliver them to you with or without your knowledge) as an integral part of your software use experience.

9. Third-Party Content

NFI is not responsible for and does not necessarily endorse the opinions expressed by our users, content contributors, and third parties. Such opinions and other statements are solely those of the individuals expressing them and do not reflect the views of NFI. The accuracy and completeness of content created by users, or third parties are the sole responsibility of those users or third parties and are not endorsed or guaranteed by NFI. By providing you with the ability to view and post content through our Service, NFI is not undertaking any obligation or liability relating to the content.

NFI assumes no responsibility or liability for any User Content posted or sent over the Service by you or any other user or third party. Additionally, NFI is not liable for your interactions with other users or for any user's action or inaction. You are solely responsible for your User Content and the consequences of posting or publishing it. You agree that NFI is acting only as a passive conduit for your distribution and publication of your User Content.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. NFI shall not be liable for any damages you allege to incur as a result of User Content.

NFI reserves the right to monitor disputes between you and other users but has no obligation to do so.

10. Links

We may provide links to third-party websites for your convenience and information. However, we do not recommend, endorse, or take responsibility for the content, accuracy, or reliability of these websites. By accessing linked third-party websites, you acknowledge that you do so at your own risk and are subject to the terms and conditions of use and privacy policies of those websites. We make no representations or warranties regarding the content or accuracy of any third-party website. Furthermore, you expressly release us from any and all liability that may arise from your use of or reliance on any third-party website. It is your responsibility to carefully review the terms and conditions and privacy policies of any third-party website you choose to access.

11. Warranty Disclaimers and Limitation of Liability

Except as expressly warranted in the Agreement, all Services are provided "as is," and NFI hereby disclaims all warranties and conditions with regard to the Services, whether express, implied, or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Except as otherwise expressly stated in the Agreement, in no event shall NFI or its respective suppliers be liable for any damages whatsoever arising out of or in connection with the use or performance of the Services, including, but not limited to, damages for loss of use, data, or profits, or direct, indirect, incidental, special, or consequential damages. This disclaimer of liability applies to all causes of action, whether in contract, tort (including negligence), or otherwise, and regardless of whether any remedy fails of its essential purpose.

11.1 Artificial Intelligence Disclaimer

NFI's artificial intelligence technology and features, if enabled, automatically generate content (via large language models) and communicate such content to you and anyone who uses your bot (your "end user(s)") upon specific events and interactions with your end users (i) on the NFI platform (without limitation, internal testing and prototyping) or (ii) in a production environment (without limitation, your organization's, product's, or website's chatbot or conversation channel with customers) (the "AI-Enabled Technology").

You are prohibited from using AI-Enabled Technology or output ("AI Content") for the following purposes: (i) developing foundation models or other large-scale models that compete with NFI or the AI-Enabled Technology; (ii) misleading any person that output from the Service was solely human-generated; (iii) using the technology in a manner that violates any technical documentation, usage guidelines, or parameters; (iv) making automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; or (v) using the technology in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.

You bear sole responsibility for your AI Content, including compliance with applicable laws and these Terms. It is important to note that other users providing similar input to the Company's AI-enabled Technology may receive the same or similar output. Responses received by other users are not considered your AI Content. Any reliance on the content generated by AI-Enabled Technology is solely at your own risk. The AI-Enabled Technology and all content provided by it are provided on an "as-is" and "as available" basis. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NFI SHALL BEAR NO LIABILITY WHATSOEVER FOR (i) USE OF THE AI-ENABLED TECHNOLOGY; (ii) ITS CONTENT; AND (iii) ANY AND ALL INACCURACIES, ERRORS, OMISSIONS, AND PROBLEMS OF THE CONTENT GENERATED BY THE AI-ENABLED TECHNOLOGY.

12. Contact Us

If you have any questions or concerns about this Terms of Service, please contact us at:

Nexus Flow Innovations Pty Ltd Email: info@nexusflowinnovations.com.