Terms of Use

1. Acceptance of Terms

By accessing, browsing, or using any FlowMinds website, application, or service (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Services.

1.1 Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time. Material changes will be notified through:

• Email notification to registered users
• Prominent notice on our website
• Updated "Effective Date" at the top of this document

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

1.2 Additional Terms

Certain Services may be subject to additional terms, conditions, or policies. In the event of a conflict, the additional terms will prevail for those specific Services.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

• You are 18 years of age or older
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our Services under applicable law

2.2 Account Creation

Some Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

2.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or any applicable law
• You provide false or misleading information
• Your account is used for fraudulent or illegal activities
• Your actions harm or threaten to harm FlowMinds or other users

3. Use of Services

3.1 License Grant

Subject to your compliance with these Terms, FlowMinds grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for lawful business or personal purposes.

3.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any illegal, harmful, or fraudulent purpose
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers) without permission
• Transmit viruses, malware, or other malicious code
• Collect or harvest user information without consent
• Impersonate any person or entity
• Engage in spam, phishing, or unsolicited communications
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices or labels
• Use the Services to compete with FlowMinds
• Upload or transmit infringing, defamatory, or offensive content

3.3 Compliance with Laws

You are responsible for ensuring your use of the Services complies with all applicable laws and regulations in your jurisdiction, including but not limited to:

• Data protection and privacy laws
• Intellectual property laws
• Export control and sanctions laws
• Consumer protection laws
• Advertising and marketing regulations

4. Intellectual Property Rights

4.1 FlowMinds Intellectual Property

All content, features, and functionality of the Services operated under FlowMinds (ABN: 68 749 570 217), including but not limited to:

• Text, graphics, logos, images, and videos
• Software, code, and algorithms
• Trademarks, service marks, and trade names
• Design, layout, and user interface
• Documentation and technical specifications

are owned by FlowMinds or our licensors and are protected by Australian and international copyright, trademark, patent, and other intellectual property laws.

4.2 User Content

You retain ownership of any content you submit, upload, or transmit through the Services ("User Content"). By submitting User Content, you grant FlowMinds a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, reproduce, modify, and adapt your User Content
• Distribute, display, and perform your User Content
• Create derivative works based on your User Content
• Use your User Content for promotional and marketing purposes

4.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant FlowMinds a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution.

5. Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by FlowMinds, including:

• Payment processors and financial services
• Social media platforms
• Analytics and advertising services
• Cloud infrastructure providers
• Partner and affiliate websites

FlowMinds is not responsible for the content, privacy practices, or terms of use of third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

6. Payment and Billing

6.1 Fees and Pricing

Certain Services may require payment of fees. All fees are:

• Stated in Australian Dollars (AUD) unless otherwise specified
• Exclusive of applicable taxes, duties, and charges
• Subject to change with reasonable notice

6.2 Payment Terms

• Payment is due immediately upon purchase or as specified in your agreement
• You authorize us to charge your designated payment method
• You are responsible for all charges incurred under your account
• Failed payments may result in service suspension or termination

6.3 Refunds

Refund policies vary by Service and are subject to:

• Specific terms outlined in your service agreement
• Compliance with applicable consumer protection laws
• Australian Consumer Law guarantees and remedies

6.4 Taxes

You are responsible for all applicable taxes, including:

• Goods and Services Tax (GST) in Australia
• Value Added Tax (VAT) or similar taxes in other jurisdictions
• Withholding taxes and import duties

7. Disclaimers and Warranties

7.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or completeness
• Warranties of uninterrupted or error-free operation
• Warranties regarding security or freedom from viruses

7.2 No Professional Advice

The Services and any content provided do not constitute professional advice (legal, financial, tax, technical, or otherwise). You should consult appropriate professionals for specific advice.

7.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWMINDS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or system failures
• Unauthorized access to or alteration of your data
• Third-party conduct or content
• Any damages arising from your use or inability to use the Services

8.2 Liability Cap

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, FLOWMINDS' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to FlowMinds in the 12 months preceding the claim
• AUD $100

8.3 Exceptions

These limitations do not apply to:

• Liability for fraud or fraudulent misrepresentation
• Liability for death or personal injury caused by negligence
• Liability that cannot be excluded under applicable law

9. Indemnification

You agree to indemnify, defend, and hold harmless FlowMinds from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your User Content or conduct
• Any claim that your User Content infringes third-party rights

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you consent to:

• Our collection and use of personal information as described in the Privacy Policy
• International data transfers as necessary to provide the Services
• Processing of data in accordance with applicable privacy laws

11. Termination

11.1 Termination by You

You may terminate your account or stop using the Services at any time by:

• Deleting your account through account settings
• Contacting our support team
• Ceasing to access the Services

11.2 Termination by FlowMinds

We may suspend or terminate your access to the Services immediately, without notice or liability, if:

• You breach these Terms
• We are required to do so by law
• Continuing to provide Services would create legal risk or harm
• Your account has been inactive for an extended period

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and User Content
• You remain liable for all obligations incurred prior to termination
• Provisions that by their nature should survive will remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Australian Capital Territory, Australia, without regard to conflict of law principles.

12.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in the Australian Capital Territory for the resolution of any disputes arising from or relating to these Terms or the Services.

12.3 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at info@flowminds.com.au to attempt to resolve the dispute informally. We will work in good faith to resolve disputes through negotiation.

12.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and FlowMinds regarding the Services.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without restriction.

13.5 Force Majeure

FlowMinds shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Labor disputes or strikes

13.6 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and FlowMinds.

13.7 Notices

We may provide notices to you via:

• Email to your registered email address
• Posting on our website
• In-app notifications
• Postal mail to your registered address

Notices to FlowMinds should be sent to: info@flowminds.com.au

14. FlowMinds Ventures

These Terms apply to all ventures operating under FlowMinds (ABN: 68 749 570 217), including:

• BuildEZ.ai - AI-powered website builder
• Ads.Bzze.com - Rewarded video ad network
• DesignTibet.com - Cloud hosting services
• Rogpa.ai - Tibetan language AI platform
• Play.Bzze.com - Web-based gaming platform

All ventures operate under the same ABN and registered business name. Each venture may have additional terms specific to their services, which will be presented to you when using those services.

15. Contact Information

If you have questions, concerns, or feedback regarding these Terms, please contact us:

16. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

If you do not agree to these Terms, you must immediately cease using the Services.