1point User Agreement

1. Acceptance of Terms

By accessing or using the Service, User agrees to be bound by the terms and conditions set forth in this Agreement. If User does not agree to these terms, User may not access or use the Service.

2. Service

Provider grants User a non-exclusive, non-transferable right to access and use the Service for the duration of this Agreement, solely for User's internal business purposes.

3. User Responsibilities

User agrees to:

  • Maintain the confidentiality of any login credentials provided by Provider.
  • Be solely responsible for all activities that occur under User's account.
  • Use the Service under a single license granted to a single company or entity. In the event that a service provider is hosting multiple companies' data, the service provider becomes responsible for the security of the companies' data.
  • Comply with all applicable laws and regulations.

4. Provider Responsibilities

Provider shall be responsible for ensuring the security of User's data stored on the Service, including implementing multiple levels of backup to prevent data loss. Provider shall take reasonable measures to protect User's data from unauthorized access, disclosure, alteration, or destruction.

5. Data Ownership and License

User retains ownership of all data uploaded to the Service and grants Flout Software Pty Ltd a non-exclusive, royalty-free, worldwide license to use, store, and process such data solely for the purpose of providing the Service. Flout Software will not use User's data for any other purposes without explicit consent.

6. Indemnification

User agrees to indemnify, defend, and hold harmless Flout Software Pty Ltd and its affiliates, officers, employees, agents, and licensors from and against any and all claims, actions, demands, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of or relating to User's use of the Service, violation of this Agreement, or any unlawful acts by User.

7. Fair Use

User agrees to use the Service in accordance with the principles of fair use, taking into consideration the limitations and capabilities of the Service. Fair use includes, but is not limited to, reasonable and proportionate usage of the Service's features and resources in relation to User's business needs.

If a service provider hosts multiple companies' data, they are required to host each company on a separate instance of the database and must ensure that the Provider is aware of how many companies and how many projects are being hosted.

Provider reserves the right to monitor User's usage patterns and may, at its discretion, take action if it determines that User's usage is excessive or abusive, including but not limited to imposing usage limits, suspending, or terminating User's access to the Service.

8. Payment

User agrees to pay Provider the applicable fees for the Service as set forth in the pricing plan selected by User. Fees are non-refundable.

9. Termination

Provider may terminate this Agreement and User's access to the Service at any time for any reason. Upon termination, User's right to use the Service will immediately cease. However, User will be entitled to retrieve their data stored on the Service for a period of 30 days following termination. After this period, Provider may permanently delete User's data.

10. Modification of Terms

Provider reserves the right to modify the terms of this Agreement at any time. Provider will provide notice of any changes to the Agreement. User's continued use of the Service after such modifications will constitute acceptance of the modified terms.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles.

12. Entire Agreement

This Agreement constitutes the entire agreement between User and Provider regarding the Service and supersedes all prior or contemporaneous agreements.

13. Privacy Statement

This section outlines how Flout Software Pty Ltd collects, uses, and protects user data. It includes information about data collection practices, data storage, and any third-party data sharing agreements. A full Privacy Policy is available upon request or on our website.

14. Contact Information

If User has any questions or concerns regarding this Agreement, please contact Provider at hello@floutsoftware.com.

By using the Service, User acknowledges that they have read, understood, and agree to be bound by this Agreement.