Terms of Service

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These Terms of Service ("Terms") govern your access to and use of the services provided by FloBigO ("we", "us", "our"), including our website and all automation and AI agent services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.

2. Services Provided

FloBigO provides custom workflow automation and AI agent solutions designed to streamline business processes and enhance productivity. Our Services include, but are not limited to:

  • Consultation to identify automation opportunities.
  • Development and implementation of bespoke automation workflows and AI agents.
  • Integration of automations with your existing business software and platforms.
  • Ongoing monitoring, maintenance, and support for deployed automations.
  • Reporting and dashboards on automation performance.

Specific details regarding the scope, deliverables, and timelines for each project will be outlined in a separate Statement of Work (SOW) or project agreement.

3. User Responsibilities

As a user of our Services, you agree to:

  • Provide accurate, complete, and current information as requested.
  • Cooperate with our team, providing timely access to necessary systems, information, and personnel to facilitate the delivery of Services.
  • Ensure that any data, content, or materials you provide for use in automations comply with all applicable laws and do not infringe on any third-party rights.
  • Maintain the confidentiality of any access credentials provided by FloBigO.
  • Use the Services only for lawful purposes and in accordance with these Terms.
  • Comply with all applicable laws and regulations, including privacy laws, in your use of the Services.

You must not:

  • Use the Services for any unlawful purpose or in any way that violates these Terms.
  • Interfere with the proper working of our Services.
  • Attempt to gain unauthorised access to our systems or data.
  • Reverse engineer, decompile, or disassemble any part of our Services.

4. Intellectual Property

  • FloBigO IP: All intellectual property rights in our Services, including software, methodologies, documentation, and the underlying technology of our automation frameworks and AI agents (excluding client-specific configurations), remain the property of FloBigO.
  • Client Data: You retain all intellectual property rights in the data, content, and materials you provide to us for the purpose of the Services. You grant us a limited, non-exclusive, royalty-free licence to use your data solely for the purpose of providing and improving the Services to you.
  • Custom Automations: Unless otherwise agreed in a separate SOW, any specific automation workflows or AI agent configurations developed by FloBigO for your business will be licensed to you for your internal business use. Details of this license (e.g., perpetual, term-limited) will be specified in your project agreement.

5. Payment Terms and Billing

Details regarding pricing, invoicing, payment schedules, and any pilot project fees will be provided in a separate proposal, Statement of Work (SOW), or service agreement. Our pricing is clear and fixed as agreed for the scope of work. Payment terms are typically 14 days from the invoice date unless otherwise specified.

We typically operate on a fixed-fee pilot followed by monthly service fees for ongoing monitoring and support. There is no long-term lock-in; our ongoing services are generally month-to-month, and you can cancel with [e.g., 30 days'] notice as per your service agreement.

6. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party during the course of using the Services and performing these Terms, including but not limited to business processes, trade secrets, and client data. This obligation of confidentiality will survive the termination of these Terms.

7. Disclaimers

Our Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive for accuracy and reliability, we do not guarantee that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that automation involves inherent risks, and we are not responsible for any direct or indirect damages resulting from errors in client-provided data, system downtime of third-party integrations, or other issues beyond our reasonable control.

8. Limitation of Liability

To the maximum extent permitted by law, FloBigO, its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; or (c) unauthorised access, use, or alteration of your transmissions or content. Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid to FloBigO for the Services in the six (6) months preceding the claim. This limitation does not exclude or limit any liability that cannot be excluded or limited under Australian Consumer Law.

9. Indemnification

You agree to indemnify and hold harmless FloBigO and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your breach of these Terms; or (c) your violation of any law or the rights of a third party.

10. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account or service agreement, you may do so by providing [e.g., 30 days'] written notice as per your specific service agreement.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your Australian State/Territory, e.g., Victoria] and the Commonwealth of Australia, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be resolved through good faith negotiation between the parties. If a dispute cannot be resolved through negotiation, the parties agree to first attempt resolution through mediation before pursuing litigation or other legal remedies.

You agree that any legal action or proceeding between FloBigO and you will be brought exclusively in the courts located in [Your Australian State/Territory, e.g., Melbourne, Victoria].

12. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.