Terms of Service

1. About the website

Welcome to www.flowfetti.com (Website). The Website allows you to access and use the Flowfetti Platform (Services).

1.1The Website is operated by Flowfetti Pty Ltd ACN 701 735 597 ABN 83 701 735 597. Access to and use of the Website, or any of its associated products or Services, is provided by Flowfetti Pty Ltd. Please read these terms and conditions (Terms) carefully. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.

1.2Flowfetti Pty Ltd may amend these Terms from time to time.

1.3If an amendment is minor, administrative, required by law, or does not materially disadvantage you, the amendment may take effect when the updated Terms are published on the Website. If an amendment materially reduces your rights, materially increases your obligations, or materially changes the Services during a paid Subscription Period, Flowfetti Pty Ltd will provide at least 30 days' notice before the amendment takes effect.

1.4Notice may be given by email, through your Account, or by a prominent notice on the Website.

1.5If you do not agree to a material amendment under clause 1.3(b), you may terminate your Subscription before the amendment takes effect by giving written notice to Flowfetti Pty Ltd. Flowfetti Pty Ltd will provide a pro-rata refund of any prepaid Subscription Fee for the period after termination, except where the amendment is reasonably required to comply with applicable law or address an urgent security risk.

1.6Your continued use of the Services after an amendment takes effect constitutes acceptance of the amended Terms.

2. Acceptance of the terms

2.1Before creating an Account, purchasing a Subscription or starting a Trial, you will be provided with a clearly displayed link to these Terms and a reasonable opportunity to access, read and retain a copy of them.

2.2You accept and agree to be bound by these Terms by:

·selecting an unticked checkbox, or using another affirmative electronic mechanism, that clearly confirms that you have read and agree to these Terms; and

·completing the associated Account registration, Trial or Subscription process by selecting the applicable action button.

2.3Flowfetti Pty Ltd may prevent you from completing the relevant process unless you affirmatively accept these Terms.

2.4Flowfetti Pty Ltd may retain an electronic record of your acceptance, including the date and time, the Account or identifier used, the acceptance method and the version of the Terms accepted.

2.5If you accept these Terms for a company, partnership, association or other organisation, you represent and warrant that you are authorised to bind that organisation.

2.6Merely browsing the Website does not, by itself, make you a party to the paid Subscription terms. Your use of public Website content remains subject to the provisions of these Terms that reasonably apply to Website visitors.

2.7Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

3. About the service

3.1Flowfetti Platform is a web-based management platform that helps account holders manage their professional operations, including planning and scheduling activities, managing participants or clients, communications and invoicing, reducing the administrative burden on account holders.

3.2Flowfetti Pty Ltd currently offers the following paid account types:

·Essentials at $15 per month, or the equivalent amount in the applicable currency;

·Pro at $49 per month, or the equivalent amount in the applicable currency; and

·such other account types as Flowfetti Pty Ltd may introduce from time to time, the features, functionality, usage limits and availability of which will be described on the Website, in the User's Account or in applicable account-specific terms.

3.3Annual billing is available, under which a User who pays for 11 months receives access for 12 months. Flowfetti Pty Ltd may update, modify or discontinue any account type, and may introduce new account types, from time to time. Current pricing is published on the Website and may be updated in accordance with clause 12.4.

3.4Flowfetti Pty Ltd may update, modify, replace, suspend or discontinue any feature or functionality of the Services from time to time, including to improve the Services, respond to user feedback, maintain security or technical performance, comply with applicable law, or reflect changes to third-party services.

3.5Where a change is reasonably likely to materially reduce the overall functionality of the paid Services purchased by a User during the current Subscription Period, Flowfetti Pty Ltd will provide at least 14 days' advance notice, unless an earlier change is reasonably required to address an urgent security, operational or technical risk; comply with applicable law or a lawful direction; or respond to a change, suspension or discontinuation by a third-party provider outside Flowfetti Pty Ltd's reasonable control.

3.6Flowfetti Pty Ltd is not required to provide notice for a change that does not materially reduce the overall functionality of the paid Services, including a change to the appearance, layout, workflow, naming, technical implementation or method of delivering a feature.

3.7If a change materially reduces the overall functionality of the paid Services and substantially affects the User's intended use of those Services, the User may terminate the affected Subscription by giving written notice before the change takes effect, and Flowfetti Pty Ltd will provide a pro-rata refund of any prepaid Subscription Fees relating to the period after termination. Nothing in this clause limits any right or remedy that cannot lawfully be excluded, restricted or modified.

3.8New account-specific terms that materially increase a User's obligations or materially reduce a User's rights will not apply to that User until those terms are presented to and accepted by the User, unless the change is required by applicable law.

3.2A Optional extras for Essentials

·(a) An Essentials Subscription includes one client and one class style.

·(b) A User on Essentials may purchase additional capacity as optional extras, each charged at $5 per month, or the equivalent amount in the applicable currency: (i) Extra client, for each additional client the User may invoice; and (ii) Extra class style, for each additional class style the User may create.

·(c) Optional extras are billed as separate recurring items on the same Subscription, using the same billing cycle and currency as the Subscription.

·(d) A User may increase or decrease the quantity of optional extras at any time through the Account.

·(e) An increase takes effect immediately after any required payment succeeds.

·(f) A decrease takes effect immediately after it is processed. Any resulting credit is applied to the User's billing account and does not produce a cash refund, except where a refund is required by applicable law.

·(g) A User may not reduce optional extras below current usage. The User must first remove the relevant unused clients or class styles.

·(h) Pro includes unlimited clients and class styles, so optional extras do not apply to Pro.

·(i) If a User changes from Essentials to Pro, existing paid optional extras are removed when the change takes effect.

3.9Some accounts may be governed by a separate Software Licensing Agreement with Flowfetti Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

3.10In the event of any inconsistency between these Terms, the Privacy Policy, any account-specific terms, and any applicable Software Licensing Agreement, the following order of precedence applies: any applicable Software Licensing Agreement; account-specific terms accepted by you; these Terms; and the Privacy Policy, each to the extent of the inconsistency, except that applicable Privacy Laws prevail over all of the above to the extent of any inconsistency concerning personal information.

4. Account eligibility

4.1You must be at least 18 years old and have legal capacity to enter into a binding contract to create an Account or purchase a Subscription.

4.2Flowfetti Pty Ltd may permit a person under 18 to use the Services only where their parent or legal guardian has reviewed and accepted these Terms on their behalf; the parent or legal guardian has provided any consent reasonably requested; the parent or legal guardian is responsible for the minor's use of the Services and payment of applicable fees; and permitting access is lawful and reasonably appropriate having regard to the Services.

4.3Flowfetti Pty Ltd may refuse or withdraw access by a person under 18 if the required consent is withdrawn, cannot be verified or continued access would create a legal, privacy, safety or operational risk.

4.4Flowfetti Pty Ltd may request reasonable information to verify your identity, age or authority. It may decline, suspend or close an Account if that information is not provided or cannot reasonably be verified.

5. Acceptable use of the service

5.1Flowfetti Platform, its related features, and website must only be used lawfully. Flowfetti Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

·To engage in any act that would disrupt the access, availability and security of Flowfetti Platform and other Flowfetti Pty Ltd services, including tampering with, reverse-engineering or hacking our servers; modifying, disabling or compromising performance; overwhelming or attempting to overwhelm our infrastructure; or compromising the integrity of our system, including probing, scanning and testing its vulnerability unless expressly permitted.

·For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

·To stalk, harass or threaten users and any member of the public.

·To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Flowfetti Pty Ltd or any third party.

·To access or search any part of the Service, or any other Service owned by Flowfetti Pty Ltd, other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

·To post, upload, share, or otherwise circulate content in violation of Flowfetti Platform's content policy.

6. Security and data privacy

6.1Flowfetti Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services is subject to Flowfetti Pty Ltd's Privacy Policy, which is available on the Website. The Privacy Policy also addresses Flowfetti Pty Ltd's processes, policies, and obligations in respect of Flowfetti Platform security breaches.

7. Customer data and privacy

7.1In this clause:

·Customer Data means all information, content, records, files and personal information submitted to, stored in, generated through or transmitted using the Services by or on behalf of a User, including information relating to the User's participants, clients, activities, schedules, communications and invoices.

·De-identified Data means data that has been processed so that no individual or User is reasonably identifiable, whether from that data alone or when combined with other information reasonably available to Flowfetti Pty Ltd.

·Privacy Laws means the Privacy Act 1988 (Cth), the Australian Privacy Principles and any other privacy, data protection or data breach notification laws applying to a party's handling of personal information.

7.2As between you and Flowfetti Pty Ltd, you retain all right, title and interest in your Customer Data. Nothing in these Terms transfers ownership of Customer Data to Flowfetti Pty Ltd.

7.3You grant Flowfetti Pty Ltd a non-exclusive, worldwide, royalty-free licence during the Subscription Period to host, copy, transmit, access, process and otherwise use Customer Data only to provide, maintain, support and secure the Services; process transactions and administer your Account; prevent fraud, misuse and security incidents; comply with applicable laws and lawful requests; and perform any other activity expressly authorised by you.

7.4Flowfetti Pty Ltd may create and use De-identified Data for analytics, security, service improvement and business reporting, provided that Flowfetti Pty Ltd does not attempt to re-identify the data or disclose it in a form that identifies you or any individual.

7.5Flowfetti Pty Ltd will not:

·sell Customer Data;

·use identifiable Customer Data for advertising unrelated to the Services;

·use identifiable Customer Data to train a general-purpose artificial intelligence or machine-learning model without your prior express consent; or

·disclose Customer Data except as permitted by these Terms, the Privacy Policy or applicable law.

7.6Flowfetti Pty Ltd may engage third-party service providers, including hosting, communications, analytics, support and payment providers, to process Customer Data for the purposes permitted by this clause. Flowfetti Pty Ltd will take reasonable steps to ensure those providers protect Customer Data and process it only for the relevant services.

7.7Flowfetti Pty Ltd's primary production database is hosted in Sydney, Australia. Flowfetti Pty Ltd may also engage overseas service providers or personnel, including for communications, analytics, support and payment processing, to store or process Customer Data where reasonably necessary to provide, maintain, support or secure the Services. Flowfetti Pty Ltd will maintain in its Privacy Policy current information about the countries or regions in which overseas recipients are likely to be located and the categories of overseas service providers that may process Customer Data. Where reasonably practicable, Flowfetti Pty Ltd will give at least 30 days' advance notice before materially changing those countries, regions or categories, except where the change is urgently required to address a security risk, comply with applicable law or respond to a change imposed by a third-party provider outside its reasonable control.

7.8Before disclosing personal information to an overseas recipient, Flowfetti Pty Ltd will take the reasonable steps required by applicable Privacy Laws to ensure that the recipient handles the information consistently with the Australian Privacy Principles, unless a statutory exception applies. Flowfetti Pty Ltd will use reasonable contractual, technical and organisational safeguards appropriate to the nature and sensitivity of the Customer Data, and will implement and maintain reasonable technical and organisational measures appropriate to the nature, volume and sensitivity of Customer Data and the risks associated with its processing. Those measures may include access controls, authentication and credential management, encryption in transit and, where reasonably appropriate, at rest, backup and recovery procedures, monitoring, vulnerability management and incident response, and confidentiality obligations for personnel. No online service is completely secure. Flowfetti Pty Ltd does not warrant that security incidents will never occur, but this does not limit its obligations under these Terms or applicable law.

7.9Where Flowfetti Pty Ltd confirms that a data incident has materially affected, or is reasonably likely to materially affect, Customer Data:

·Flowfetti Pty Ltd will notify the affected User without undue delay and within any timeframe required by applicable Privacy Laws;

·Flowfetti Pty Ltd will use reasonable endeavours to provide an initial notice within 72 hours after confirming the material effect or likely material effect;

·the target timeframe above does not apply to the extent that notification is prohibited or delayed by law or a lawful authority; notification could reasonably compromise an investigation, containment activity, security response or the rights of an affected person; Flowfetti Pty Ltd reasonably requires further time to determine whether Customer Data was materially affected; or circumstances outside its reasonable control prevent notification within that timeframe;

·an initial notice may contain the information reasonably available at the time, and Flowfetti Pty Ltd may provide further information in one or more updates as its investigation progresses;

·to the extent reasonably known and legally permitted, a notice will describe the nature of the incident; the categories of Customer Data affected; the known or reasonably anticipated consequences; the steps taken or proposed to investigate, contain and remedy the incident; and reasonable measures the User may take to reduce potential harm;

·Flowfetti Pty Ltd will provide reasonable updates and cooperation so that the User can assess and meet any obligations applying to it under Privacy Laws; and

·the User must maintain current contact information in its Account for operational, security and privacy notices.

7.10Flowfetti Pty Ltd will investigate and manage eligible data breaches and other material data incidents in accordance with applicable Privacy Laws.

7.11During the Subscription Period, you may access and export Customer Data using the functionality made available through the Services. Flowfetti Pty Ltd will make available at least one commonly used, machine-readable export format for each major category of Customer Data. Flowfetti Pty Ltd does not guarantee that every type of Customer Data can be exported in its original format.

7.12Following termination, expiry or permanent deletion of your Account:

·where you permanently delete your Account, Customer Data is removed from Flowfetti Pty Ltd's active systems immediately, as described in clause 11.2, and an export is offered immediately before deletion is confirmed;

·where a Subscription lapses or renewal is cancelled without permanent Account deletion, your Account and Customer Data remain accessible until the end of the current Subscription Period, after which Flowfetti Pty Ltd may delete or de-identify Customer Data from its active systems;

·Customer Data remaining in routine system backups will be deleted or rendered inaccessible through Flowfetti Pty Ltd's ordinary backup-rotation cycle, which will ordinarily be completed within 90 days after deletion from active systems;

·Flowfetti Pty Ltd may retain Customer Data for longer where retention is required by applicable law, court order or a lawful authority; the data is reasonably required for an actual or anticipated dispute, fraud investigation or security investigation; or deletion from a disaster-recovery archive is not reasonably practicable without compromising the integrity or security of the archive; and

·Customer Data retained under the preceding paragraph will remain protected under these Terms, will not be restored to active systems except where reasonably necessary for recovery, compliance or investigation purposes, and will be deleted when the relevant retention reason ends.

7.13You are responsible for:

·ensuring that you have all notices, consents and lawful rights required to collect and provide Customer Data to Flowfetti Pty Ltd;

·ensuring that Customer Data and your use of the Services comply with applicable laws, including any laws applying in the country from which you or your participants or clients access the Services;

·maintaining appropriate Account security and access permissions; and

·responding to requests from individuals concerning personal information that you control, except to the extent Flowfetti Pty Ltd is legally responsible for the response.

7.14Flowfetti Pty Ltd will reasonably assist you with access, correction, deletion and privacy requests relating to Customer Data where required by applicable Privacy Laws and technically practicable. Flowfetti Pty Ltd's handling of personal information is also governed by its Privacy Policy. If there is an inconsistency concerning personal information, applicable Privacy Laws prevail to the extent of the inconsistency.

7.15Clauses 7.2, 7.4, 7.5 and 7.11 survive termination or expiry of these Terms to the extent necessary to give them effect.

8. Subscription to use the service

8.1In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member (Member).

8.2In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

8.3Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

8.4As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including but not limited to name, email address, phone number, business details, and payment or billing information.

8.5You warrant that any information you give to Flowfetti Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

8.6Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (User). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

8.7You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Flowfetti Pty Ltd, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

9. Free trial

9.1Flowfetti Pty Ltd may offer a free trial period of 14 days (Trial Period) to new Users who have not previously held an Account with Flowfetti Pty Ltd (Trial).

9.2To start a Trial, you must register for an Account and provide valid payment details, including a credit or debit card, which will be stored securely by Flowfetti Pty Ltd's payment processor.

9.3No Subscription Fee will be charged during the Trial Period. On the day the Trial Period ends, your Subscription will automatically convert to the paid Subscription plan you selected at registration, and the applicable Subscription Fee will be charged to your payment method.

9.4To avoid being charged, you must cancel your Subscription through the billing portal before the Trial Period ends. Cancellation during the Trial Period takes effect immediately and no Subscription Fee will be charged.

9.5Flowfetti Pty Ltd may use technical measures, including payment card fingerprinting, to identify Users who have previously held an Account and to prevent repeat Trials. Flowfetti Pty Ltd reserves the right to decline or terminate a Trial where it reasonably believes a User has previously accessed a Trial.

9.6Flowfetti Pty Ltd may modify, suspend or discontinue the Trial offer at any time without notice. Any Trial already in progress at the time of discontinuation will continue until the end of the Trial Period.

9.7Nothing in this clause limits any right or remedy available to you under the Australian Consumer Law or any other applicable law.

10. Subscription cancellation (cancel renewal)

10.1You may cancel the automatic renewal of your Subscription at any time through the billing portal.

10.2A cancellation of renewal takes effect at the end of the current Subscription Period. Unless required by law or expressly stated in these Terms: cancellation of renewal does not entitle you to a refund or credit for the current Subscription Period; you will retain access to the Services until the end of the current Subscription Period; and no further Subscription Fee will be charged for a later Subscription Period.

10.3A cancellation of renewal does not immediately close your Account or end your access to the Services. Your Subscription will be recorded as cancelled after the current Subscription Period ends. Your Account and Customer Data remain accessible until the Subscription Period ends, after which the data-export and retention provisions in clause 7.11 apply.

10.4If payment of a renewal Subscription Fee is unsuccessful, Flowfetti Pty Ltd may suspend or restrict access to the Services until payment is received or the Subscription is cancelled.

10.5Nothing in this clause limits any right or remedy available to you under the Australian Consumer Law or any other applicable law.

11. Permanent account deletion

11.1You may request permanent deletion of your Account at any time by submitting a deletion request through the account settings or by contacting Flowfetti Pty Ltd at hello@flowfetti.com.

11.2Permanent Account deletion takes effect immediately and cannot be undone. When you confirm deletion: your access to the Services ends; your Subscription is cancelled with Flowfetti Pty Ltd's payment processor at the same time; your Customer Data is deleted from Flowfetti Pty Ltd's active systems, including your class library, class plans, students, clients and invoices, subject to clause 7.12; and Flowfetti Pty Ltd cannot restore the Account or Customer Data from its active systems afterwards.

11.2A Export before deletion

·(a) You may export available Customer Data at any time while your Account remains open.

·(b) The deletion screen offers a machine-readable export immediately before deletion is confirmed.

·(c) Because permanent Account deletion is immediate, there is no export period after deletion. You should complete any required export before confirming deletion.

11.3Permanent Account deletion cancels your Subscription. Unless required by law or expressly stated in these Terms, a prepaid Subscription Fee for the remainder of the current Subscription Period is not refunded. Nothing in this clause limits any right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

11.4Permanent Account deletion cannot be undone. If you create a new Account after deletion, it will be treated as a new Account, and any previous Trial eligibility or Account history will not be reinstated.

11.5Flowfetti Pty Ltd may retain certain information after deletion where required by applicable law, a lawful authority, or for the purposes described in clause 7.12(d). Retained data remains subject to the protections in clause 7.12(e).

11.6Nothing in this clause limits any right or remedy available to you under the Australian Consumer Law or any other applicable law.

12. Payments

12.1Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

12.2Payments made in the course of your use of Flowfetti Platform may be made using third-party applications and services not owned, operated, or otherwise controlled by Flowfetti Pty Ltd. You acknowledge and agree that Flowfetti Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Flowfetti Platform services.

12.3You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

12.4Flowfetti Pty Ltd may vary the Subscription Fee applicable to a renewal Subscription Period. Flowfetti Pty Ltd will provide at least 30 days' written notice of any increase to the Subscription Fee before the start of the renewal Subscription Period to which the new fee applies. Notice will be given by email to your registered address or through your Account. If you do not wish to continue at the new Subscription Fee, you may cancel your Subscription before the renewal date and no further fees will be charged. The varied Subscription Fee will apply from the start of the next Subscription Period following the notice period.

13. Refunds and consumer rights

13.1Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

13.2If the Australian Consumer Law applies and the Services fail to comply with an applicable consumer guarantee, you may be entitled to a remedy prescribed by law. Depending on the circumstances, this may include resupply of the Services, payment of the reasonable cost of obtaining the Services again, cancellation, a refund, or compensation for reasonably foreseeable loss.

13.3Any refund policy, trial arrangement or other benefit stated by Flowfetti Pty Ltd applies in addition to your non-excludable statutory rights.

13.4If Flowfetti Pty Ltd permanently discontinues paid Services during your current Subscription Period for reasons unrelated to your breach, Flowfetti Pty Ltd will provide a pro-rata refund of any prepaid Subscription Fee relating to the period after discontinuation.

13.5Flowfetti Pty Ltd may also provide a full or partial refund where it reasonably considers this appropriate, but this discretion does not limit any right or remedy available under applicable law.

13.6Except where required by law or expressly stated in these Terms, Subscription Fees are not refundable merely because you change your mind, no longer require the Services, or fail to cancel before a renewal date.

13.7No voluntary seven-day cooling-off period applies following the first Subscription payment. This does not limit any right or remedy under the Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.

14. General disclaimer

14.1Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

14.2Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Flowfetti Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

14.3Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Flowfetti Pty Ltd make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes loss or damage you might suffer as a result of failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website; costs incurred as a result of you using the Website; and the Services or operation in respect to links which are provided for your convenience.

15. Limitation of liability

15.1Subject to clause 15.3, Flowfetti Pty Ltd's total aggregate liability to you arising out of or in connection with the Services or these Terms, however arising, including in contract, tort (including negligence), equity or statute, will not exceed the greater of the total Subscription Fees paid or payable by you to Flowfetti Pty Ltd during the 12 months immediately preceding the first event giving rise to the liability, and $1,000.

15.2Subject to clause 15.3, Flowfetti Pty Ltd is not liable for any indirect, incidental, special or consequential loss, or any loss of profit, revenue, opportunity, goodwill, reputation or anticipated savings, arising out of or in connection with the Services or these Terms.

15.3Nothing in these Terms limits or excludes Flowfetti Pty Ltd's liability for death or personal injury caused by its negligence; arising from Flowfetti Pty Ltd's fraud or wilful misconduct; under an applicable consumer guarantee or other non-excludable statutory right under the Australian Consumer Law or any other law; or that cannot lawfully be limited or excluded.

15.4All claims arising from the same event, circumstance, series of related events or substantially the same cause will be treated as one claim for the purpose of the liability cap in clause 15.1.

15.5This clause applies to the maximum extent permitted by law and does not exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified.

16. Copyright and intellectual property

16.1The Website, the Services and all of the related products of Flowfetti Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Flowfetti Pty Ltd or its contributors.

16.2All trademarks, service marks and trade names are owned, registered and/or licensed by Flowfetti Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a User to use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.

16.3Flowfetti Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Flowfetti Pty Ltd.

16.4Flowfetti Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; a right to use or exploit any of them; or a thing, system or process that is the subject of a patent, registered design or copyright, to you.

16.5You may not, without the prior written permission of Flowfetti Pty Ltd and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

17. Customer indemnity

17.1Subject to clause 17.2, you indemnify Flowfetti Pty Ltd against third-party claims, liabilities, losses, damages, costs and reasonable legal expenses to the extent directly caused by Customer Data or other content supplied by or on your behalf infringing a third party's intellectual property, privacy or other legal rights; your unlawful, fraudulent or wilfully improper use of the Services; or your material breach of these Terms.

17.2Your liability under clause 17.1 is reduced to the extent that any act or omission of Flowfetti Pty Ltd, its personnel or contractors caused or contributed to the claim; does not apply to indirect or consequential loss suffered by Flowfetti Pty Ltd, except to the extent that such loss forms part of a third-party claim covered by clause 17.1; does not apply to the extent that Flowfetti Pty Ltd fails to take reasonable steps to mitigate its loss; and does not apply to losses arising from Flowfetti Pty Ltd's breach of these Terms, negligence, wilful misconduct or failure to comply with applicable law.

17.3Flowfetti Pty Ltd must notify you promptly after becoming aware of a claim for which it seeks indemnification; provide reasonable information and assistance concerning the claim, at your reasonable cost; and not settle a claim in a way that admits liability on your behalf or imposes a non-monetary obligation on you without your prior written consent, which must not be unreasonably withheld.

17.4To the extent permitted by law, your aggregate liability under this clause will not exceed the greater of the Subscription Fees paid or payable by you during the 12 months immediately preceding the event giving rise to the claim, and $1,000.

17.5The cap in clause 17.4 does not apply to liability arising from your fraud or fraudulent conduct; wilful misconduct; or deliberate infringement of a third party's intellectual property rights.

17.6For the avoidance of doubt, an accidental, negligent or unintentional infringement of a third party's intellectual property rights remains subject to the cap in clause 17.4. Nothing in this clause requires you to indemnify Flowfetti Pty Ltd for any loss to the extent caused or contributed to by Flowfetti Pty Ltd's breach of these Terms, negligence, wilful misconduct or failure to comply with applicable law.

17.7This clause survives termination or expiry of these Terms.

18. Platform IP indemnity

18.1Subject to this clause, Flowfetti Pty Ltd will indemnify you against third-party claims, liabilities, losses, damages, costs and reasonable legal expenses to the extent directly caused by the unmodified Flowfetti Platform, as provided by Flowfetti Pty Ltd and used in accordance with these Terms, infringing an Australian patent, copyright, trade mark or other intellectual property right of a third party (Platform IP Claim).

18.2Flowfetti Pty Ltd's obligation does not apply to the extent that the Platform IP Claim arises from modification of the Flowfetti Platform by or on behalf of the User; combination with materials, systems or services not supplied or approved by Flowfetti Pty Ltd; use contrary to these Terms, applicable documentation or an applicable Software Licensing Agreement; Customer Data or other material supplied by or on behalf of the User; a third-party integration, plugin, service, component or content identified as being provided by a third party, except to the extent that the claim resulted from Flowfetti Pty Ltd's unauthorised use of that material; or the User's failure to implement an update, modification or replacement provided by Flowfetti Pty Ltd to avoid the alleged infringement.

18.3The User must notify Flowfetti Pty Ltd promptly after becoming aware of the Platform IP Claim, provided that a failure to give prompt notice reduces Flowfetti Pty Ltd's liability only to the extent the delay materially prejudices its defence; give Flowfetti Pty Ltd reasonable control of the defence and settlement; and provide reasonable information and assistance at Flowfetti Pty Ltd's reasonable cost.

18.4Flowfetti Pty Ltd must not settle a Platform IP Claim in a manner that requires the User to admit liability, make a payment not covered by this indemnity or accept a non-monetary obligation without the User's prior written consent, which must not be unreasonably withheld.

18.5If a Platform IP Claim is made or Flowfetti Pty Ltd reasonably believes one is likely, Flowfetti Pty Ltd may, at its option and expense, obtain the right for the User to continue using the affected part; modify or replace the affected part so that it is no longer infringing without materially reducing its overall functionality; or, if neither option is reasonably practicable, terminate access to the affected part and provide a pro-rata refund of prepaid Subscription Fees for the period after termination.

18.6Flowfetti Pty Ltd's aggregate liability under this clause will not exceed the greater of the total Subscription Fees paid or payable by the User during the 12 months immediately preceding the Platform IP Claim, and $1,000.

18.7Subject to any right or remedy that cannot lawfully be excluded, this clause states Flowfetti Pty Ltd's entire liability and the User's sole remedy in respect of any Platform IP Claim. This clause survives termination or expiry of these Terms.

19. Account suspension and termination by Flowfetti

19.1Flowfetti Pty Ltd may suspend, restrict or terminate access only where it reasonably believes that you have materially breached these Terms; your Account or use of the Services creates a material security, legal or operational risk; your use is fraudulent or unlawful; payment remains overdue after reasonable notice; suspension or termination is required by law or a lawful authority; or Flowfetti Pty Ltd permanently discontinues the Services.

19.2Except where immediate action is reasonably required, Flowfetti Pty Ltd will give you written notice describing the grounds for the proposed action and at least 7 days to remedy a remediable breach.

19.3Flowfetti Pty Ltd may act immediately where the breach cannot reasonably be remedied; delay would expose Flowfetti Pty Ltd, another user or a third party to material harm; the Account is being used for fraud, unlawful activity or a serious security attack; or prior notice is prohibited by law or a lawful authority.

19.4Flowfetti Pty Ltd will use reasonable endeavours to notify you of the reason for suspension or termination as soon as reasonably practicable, unless notification is prohibited or could compromise an investigation or security response.

19.5Flowfetti Pty Ltd will not terminate your Account merely because it suspects that you may intend to breach these Terms, unless there are reasonable grounds to believe immediate action is necessary under clause 19.3.

19.6If Flowfetti Pty Ltd permanently discontinues paid Services for reasons unrelated to your breach, it will give at least 30 days' written notice where reasonably practicable and provide a pro-rata refund of prepaid Subscription Fees for the unused period.

20. Service availability and support

20.1Flowfetti Pty Ltd will use reasonable endeavours to make the Services available to Users during the Subscription Period, having regard to the nature of the Services and the technical environment in which they are delivered. Availability may be affected by scheduled maintenance, of which Flowfetti Pty Ltd will give reasonable advance notice where practicable; emergency maintenance carried out without prior notice where reasonably necessary; outages or failures caused by third-party networks, telecommunications providers, hosting providers or services outside Flowfetti Pty Ltd's reasonable control; a User's systems, equipment, acts or omissions; or events beyond Flowfetti Pty Ltd's reasonable control.

20.2Flowfetti Pty Ltd does not warrant uninterrupted or error-free access to the Services. No specific availability level is guaranteed, and an isolated period of unavailability does not, by itself, entitle a User to a service credit, refund or other remedy, except as required by applicable law.

20.3Flowfetti Pty Ltd will provide support through the support channels identified on the Website. Support hours and the scope of support may vary according to the User's account type.

20.4Flowfetti Pty Ltd will use reasonable endeavours to respond to reported service faults and support requests within a reasonable time, having regard to the nature, severity and volume of requests received.

20.5Nothing in this clause limits any non-excludable right or remedy available under applicable law.

21. Complaints and dispute resolution

21.1If you have a complaint about the Services, you should contact Flowfetti Pty Ltd at hello@flowfetti.com. A complaint about the handling of personal information should be directed to privacy@flowfetti.com, as set out in the Privacy Policy.

21.2Flowfetti Pty Ltd will use reasonable endeavours to acknowledge and investigate complaints and to provide a substantive response within a reasonable time, having regard to the nature and complexity of the complaint.

21.3If the complaint is not resolved through the complaints process, either party may escalate the matter using the dispute-resolution process set out in this clause.

21.4If a dispute arises out of or in connection with these Terms, either party may give the other party written notice describing the nature of the dispute; the outcome sought; and the action the notifying party considers necessary to resolve the dispute.

21.5Within 14 days after receiving a notice under clause 21.4, the parties must use reasonable endeavours and act in good faith to resolve the dispute by negotiation between representatives authorised to settle it.

21.6If the dispute is not resolved within 14 days after receipt of the notice, either party may refer it to mediation administered by the Resolution Institute under its applicable mediation rules.

21.7Unless the parties agree otherwise, the mediator will be appointed by agreement between the parties or, if they do not agree within 7 days, by the Resolution Institute; the mediation will be conducted by video conference; and each party will pay its own costs, with the mediator's fees and reasonable mediation expenses shared equally.

21.8Communications made in connection with negotiation or mediation under this clause are confidential and, to the extent permitted by law, without prejudice.

21.9If the dispute has not been resolved within 30 days after the mediator is appointed, either party may terminate the mediation and commence court or tribunal proceedings.

21.10Nothing in this clause prevents either party from seeking urgent interlocutory, injunctive or equitable relief; commencing proceedings to recover an undisputed debt; exercising a right under the Australian Consumer Law or another law that cannot lawfully be restricted; or making a complaint to, or seeking assistance from, a regulator, ombudsman or other body having jurisdiction over the dispute.

22. Geographic availability and jurisdiction

22.1The Services may be made available to Users in Australia and other countries identified on the Website or through the Services. Availability, features, prices, currencies and payment methods may vary by location.

22.2A displayed currency does not necessarily mean that Flowfetti Pty Ltd maintains a place of business in, targets, or is legally established in the corresponding country.

22.3You are responsible for determining whether your access to and use of the Services is lawful in your location. Flowfetti Pty Ltd may restrict or discontinue access in any country or region where providing the Services would be unlawful, commercially impracticable or expose Flowfetti Pty Ltd or its service providers to material legal, security or operational risk.

22.4Subject to clause 23.2 and any law that cannot lawfully be excluded, the courts of New South Wales, Australia have exclusive jurisdiction over disputes arising out of or relating to the Website, the Services or these Terms.

22.5Nothing in this clause prevents you from commencing proceedings in a court, tribunal or other forum where a mandatory law gives you a non-excludable right to do so.

23. Governing law and mandatory local rights

23.1These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles.

23.2If you access or use the Services from outside Australia, you may have mandatory consumer, privacy or other statutory rights under the laws applying in your location. Nothing in these Terms excludes, restricts or modifies those rights to the extent they cannot lawfully be excluded, restricted or modified.

23.3These Terms do not require you to waive any non-excludable right to bring a claim in a court, tribunal or forum available to you under an applicable mandatory law.

23.4You must comply with the laws applying to your collection, use and disclosure of Customer Data, including any requirements arising because you provide services to individuals in another country.

23.5Flowfetti Pty Ltd may publish regional terms, notices or addenda where reasonably required for a particular country or category of User. Regional terms accepted by you prevail over these Terms to the extent of an inconsistency concerning the relevant region.

23.6These Terms bind and benefit the parties and their permitted successors and assigns.

24. Severance

24.1If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.