Thanks for choosing to use Workflows!
When we talk about “Workflows,” “we,” “our,” or “us” in these Terms, we are referring to Work Flows Pty Ltd, a company registered in Australia with ACN 610 780 526. When we talk about the “Services” in these Terms, we are referring to our website, our web-based applications and any associated services we offer.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
These Terms set out the terms and conditions that apply when you use the Services. By using the Services, you agree to be bound by these Terms which form a binding contractual agreement between you and us.
Please have a careful read through these Terms, including the disclaimer in clause 16, before using the Services. If you don’t agree to these Terms, please don’t use the Services.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to them as modified.
2. WHO MAY USE THE SERVICES
In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.
3. ACCOUNT REGISTRATION
In order to use the Services, you will be required to sign up for an account (Workflows Account). There are two types of Workflows Accounts:
- “Organisation Accounts” which are administrator accounts set up by users on behalf of a company, organisation, team or group; and
- “User Accounts”, which are accounts set up by individual users who have been invited to use the Services through an Organisation Account.
When you register for a Workflows Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
(a) maintaining the confidentiality and security of your Workflows Account information and your password; and
(b) any activities and those of any third party that occur through your Workflows Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Workflows Account information or your password.
We offer a no cost plan which will allow you to access some features of our Services (Free Plan). In order for you to access additional features, we may require the payment of fees (Fees). We have organised the additional features into pricing plans (Paid Plans), with each Paid Plan having different additional features. Fees for Paid Plans are charged on a subscription basis to the Organisation Account. The amount of Fees and the method of billing vary depending on our current prices and billing process, as set out on our website or otherwise communicated to you.
4.2. FAILURE TO PAY
If Fees for a Paid Plan are not paid when they are due, we may revoke your Organisation Account’s and/or User Account’s access to some or all of the Services and require payment for you to continue accessing those Services.
4.3. USAGE LIMITS
Our Free Plans and Paid Plans may be subject to certain usage restrictions and limits. If you exceed the restriction or limit, we may revoke your access to some or all of the Services.
We may offer an auto-upgrade feature or similar through which we will temporarily upgrade your Organisation Account’s Paid Plan until the next billing cycle so that you can continue to access the Services when you exceed the usage restrictions or limits that apply to your Paid Plan. If you select the auto-upgrade feature through your Organisation Account, you agree to be billed for the upgraded plan for the billing cycle in which you upgraded.
4.4. PAYMENT METHODS
We use third-party payment providers (Payment Providers) to collect Fees. Our current Payment Providers are PayPal (https://www.paypal.com/) and Stripe (https://stripe.com/).The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
Unless we specifically tell you otherwise, the Fees don’t include any taxes, excises, duties or levies (including any value-added or goods and services tax) (Taxes) that may be imposed under or in connection with these Terms and you will be responsible for the payment of such Taxes.
4.6. DOWNGRADING SUBSCRIPTIONS
If you choose to downgrade your subscription to the Service to a cheaper Paid Plan or the Free Plan, the new Fees will kick in at the start of the next billing cycle. We don’t pro-rate downgrades in between billing cycles.
4.7. UPGRADING SUBSCRIPTIONS
If you choose to upgrade your subscription to a more expensive Paid Plan, the new Fees will kick in straight away and you agree to be billed for the upgraded plan for the full billing cycle in which you upgraded.
4.8. LOSS OF DATA FROM SWAPPING SUBSCRIPTIONS
Please note that upgrading or downgrading your subscription may cause loss of your Workflows Account your account information, files and data. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out you upgrading or downgrading your use of the Service.
5. BETA TESTERS
We sometimes will look for beta testers to help test new features for the Services. These features will be described as “alpha”, “beta” or “pre-release” features (or similar) (Beta Services). Beta Services may contain bugs, security flaws or other issues and they are made available on an ‘as is’ basis (this is why we make them available – to identify these sorts of issues!)
If you choose to use Beta Services, you agree that we won’t be responsible to you for, and we expressly disclaim any liability for, any cost, loss, damages or expenses arising out you using Beta Services. You also agree that any contractual commitments we make for our other Services will not apply to our Beta Services.
We may ask you to provide contact information about third parties (Referral Information). You may provide Referral Information either by:
(a) opting-in to our automated referral system, whereby we’ll pull out any email addresses contained in bots associated with your Workflows Accounts; or
(b) providing third party information through our referral service, which may involve allowing us to access contacts associated with your email, mobile or social media accounts.
By providing Referral Information to us, you represent and warrant that you have all necessary rights to disclose the information and you indemnify us from any loss we suffer as a result of this disclosure.
In exchange for you providing Referral Information, we may offer to provide you with free bot credits or additional features if users whose Referral Information you have provided create a Workflows Account (Referral Offer). Referral Offers may be withdrawn by us at any time and may be subject to further terms and conditions which accompany such offers.
Except as otherwise set out on our website, we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
8. ACCEPTABLE USE
We’ll need you to make a few promises about the way you’ll use the Services.
(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the Services or Workflows' system security, or otherwise interfere with the normal function of the Services, including by:
(i) gaining unauthorised access to Workflows Accounts or data about other users of the Services;
(ii) scanning, probing or testing the Services for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the Services or Workflows' system; or
(iv) instigate or participate in a denial-of-service attack against the Services or Workflows' system; and
(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
9. YOUR CONTENT
9.1. TYPES OF CONTENT
As part of using the Services, you’ll be uploading the following two types of content (together, Posted Materials):
(a) Content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by posting on our support or developer forums, or by contacting us, or when you register a Workflows Account (Shared Content.)
(b) Your private content, information and materials which you upload for the purpose of creating or using bots or otherwise using the Services, which you can access through Workflows Account (Private Content).
9.2. SHARED CONTENT
By providing or posting any Shared Content, you represent and warrant that:
(a) you are authorised to provide the Shared Content;
(b) the Shared Content is accurate and true at the time it is provided;
(c) any Shared Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Shared Content is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(e) the Shared Content is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Shared Content does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
(g) the Shared Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(h) the Shared Content does not breach or infringe any applicable laws, regulations or orders.
9.3. SHARED CONTENT – IP LICENCE
By uploading any Shared Content, you grant to Workflows (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Workflows to use, exploit or otherwise enjoy the benefit of such Posted Material.
9.4. REMOVAL OF SHARED CONTENT
We don’t have any obligations to screen Shared Content in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Shared Content at any time without giving any explanation or justification for removing the material and/or information.
9.5. PRIVATE CONTENT
All Private Content is yours! We don’t control, verify or endorse the Private Content you or others put on the Services. You’re responsible for ensuring that, and you represent and warrant that:
(a) the Private Content does not infringe any Intellectual Property Rights;
(b) the Private Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(c) the Private Content does not breach or infringe any applicable laws.
9.6. PRIVATE CONTENT – IP LICENCE
By uploading any Private Content, you grant to Workflows (and its agents or service providers) the right to transmit, process, use and disclose Private Content and any other information which we obtain through your use of the Services, but only:
(a) to the extent necessary for us to provide the Services;
(b) to the extent the Private Content is Referral Information;
(c) as required by applicable laws, regulations or orders;
(d) to respond to an emergency (including a security breach); or
(e) as otherwise permitted by these Terms.
10. OUR CONTENT
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
We respect your confidentiality and we acknowledge that Private Content you provide to us or upload as part of the Services are confidential to you.
Similarly, as part of your use of the Services, you may obtain information about us that is confidential or sensitive, including product roadmaps, designs and technical information about internal systems and processes. You agree that any such information we provide is our confidential information.
We both agree that:
(a) we will treat each other’s confidential information with the same degree of care and protection that we treat our own;
(b) we will use each other’s confidential information only in connection with these Terms and the Services; and
(c) only share the information with others who have a need to know (including our employees, agents and service providers as reasonably required for us to provide the Services or in connection with these Terms).
However, despite the above, you agree that the following information is not confidential:
(d) Referral Information.
(e) Information we already knew at the time you told us about it.
(f) Information told to us by a third party who had the right to tell us.
(g) Information that is generally available to the public.
(h) Information that was independently developed by us without directly using your confidential information.
12. THIRD PARTY BOTS
As part of the Services, we may make available to you bots, software code, applications or other products or services which have been developed in whole or in part by third-parties (Third Party Bots).
In making these Third Party Bots available to you, Workflows is only acting as a passive intermediary and is not responsible for the quality, safety or legality of the Third Party Bots. We won’t be responsible to you for, and disclaim all liability relating to, any cost, loss, damages or expenses arising out you using Third Party Bots, including:
(a) any liability or issues relating to the safety, quality and legality of these Third Party Bots; and
(b) any liability or issues relating to whether these Third Party Bots infringe the Intellectual Property Rights of a third party.
These Third Party Bots may be provided to you under a separate set of terms and conditions and you should make sure you’re familiar with those terms and conditions before using any Third Party Bots.
If you have any issues with Third Party Bots, please let us know.
13. THIRD PARTY CONTENT & LINKS
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
14. SERVICE LIMITATIONS
The Services are made available to you strictly on an 'as is' basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
(a) the Services will be free from errors or defects;
(b) the Services will be accessible or available at all times;
(c) messages sent through the Services will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Services will be secure or confidential; or
(e) any information provided through the Services is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services.You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
To the maximum extent permitted by applicable law, Workflows limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify Workflows and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Workflows’ liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(a) in the case of goods, their replacement or the supply or equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
Under no circumstances will Workflows be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter.
17.1. CANCELLATION BY YOU
You are ultimately responsible for the proper cancellation of your Workflows Account and/or subscription. Requesting cancellation by telephone, email or otherwise contacting us is not considered cancellation.
You can cancel your Workflows Account at any time by using the functionality provided in the ‘settings’ section of your Workflows Account.
If you cancel your Workflows Account prior to the end of your current billing cycle, your cancellation will be effective immediately and you won’t be charged again. We may or may not provide a pro-rated refund for unused time at our discretion.
17.2. CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any Fees for Services which you have paid and not received (including a pro-rated refund as appropriate).
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
17.3. EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Organisation Account, we will delete any Private Materials associated with your Organisation Account and any bots, software or other data or configurations associated with your Organisation Account.You won’t be able to recover any this after cancellation, termination or expiry of your User Account so we recommend you back up anything important to you.We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Organisation Account.
Please note that deleting a User Account won’t affect any bots, software or other data or configurations created under that User Account – you’ll need to actually delete the Organisation Account.
The sections titled “Your Content”, “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Workflows.
18.4. GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
18.6. LOCATION OF SERVICES
Workflows controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.