Last updated: January 2025

These Terms of Service (the "Terms") govern your access to and use of the FlowGo platform and related services (collectively, the "Services") provided by FlowGo Pty Ltd (Australia) and FlowSync AI Sdn Bhd (Malaysia) (collectively, "FlowGo", "we", "us", or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

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1. About FlowGo

FlowGo is a software company with operations in Australia and Malaysia, providing financial workflow automation tools for businesses across the Asia-Pacific region.

Australian entity: FlowGo Pty Ltd (ACN 691 432 292)
Malaysian entity: FlowSync AI Sdn Bhd (Registration No.: 202501045885 (1647293-D))

The FlowGo entity that contracts with you depends on your location and will be specified in your order form or subscription agreement.

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2. Acceptance of Terms

By creating an account, accessing the Services, or using any part of the platform, you represent that:

• You are at least 18 years old
• You have the legal authority to bind yourself or the organisation you represent to these Terms
• You will comply with all applicable laws and regulations in your use of the Services
• All information you provide to us is accurate, current, and complete

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3. Description of Services

FlowGo provides a cloud-based platform that automates financial workflows by connecting chat platforms (such as WhatsApp, Telegram, and WeChat) with enterprise resource planning (ERP) systems and accounting software (such as QuickBooks, AutoCount, Xero, MYOB, and SAP).

The Services include:

• Document processing and data extraction from invoices, purchase orders, and receipts
• Automated routing and approval workflows
• Integration with third-party accounting and ERP systems
• Real-time notifications and status updates
• Analytics and reporting tools
• Customer support

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, though we will use reasonable efforts to notify you of material changes.

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4. Account Registration and Security

a. Account Creation

To use the Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

b. Account Security

You agree to:

• Use a strong, unique password for your account
• Enable multi-factor authentication where available
• Notify us immediately of any unauthorised access or security breach
• Not share your account credentials with others
• Not allow others to access your account

c. Account Suspension

We reserve the right to suspend or terminate your account if we believe you have violated these Terms, engaged in fraudulent activity, or posed a security risk to the Services or other users.

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5. Subscription and Payment Terms

a. Subscription Plans

The Services are provided on a subscription basis. Pricing, features, and usage limits for each plan are available on our website or in your order form.

b. Payment

You agree to pay all fees associated with your subscription plan. Payments are processed through third-party payment providers. By providing payment information, you authorise us to charge the applicable fees to your chosen payment method.

c. Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, as specified in your plan. Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date.

d. Price Changes

We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of your next billing cycle after we provide at least 30 days' notice.

e. Refunds

Subscription fees are generally non-refundable. If you cancel your subscription, you will retain access to the Services until the end of your current billing period, but no refund will be provided for unused time.

f. Taxes

All fees are exclusive of applicable taxes (including GST, VAT, or other sales taxes). You are responsible for paying all taxes associated with your use of the Services.

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6. Data and Privacy

a. Your Data

You retain all rights, title, and interest in and to any data, documents, or content you upload, submit, or process through the Services ("Your Data"). You grant us a limited license to access, store, process, and transmit Your Data solely to provide the Services.

b. Data Controller and Processor

In most cases, you act as the data controller for Your Data, and FlowGo acts as a data processor. You are responsible for ensuring you have all necessary rights, permissions, and consents to process Your Data through the Services and to permit us to do so on your behalf.

c. Privacy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

d. Data Security

We implement reasonable security measures to protect Your Data, including encryption, access controls, and regular security assessments. However, no system is completely secure, and we cannot guarantee absolute security.

e. Data Backup

While we implement reasonable backup procedures, you are solely responsible for maintaining your own backup copies of Your Data. We are not liable for any loss or corruption of Your Data.

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7. Integration with Third-Party Services

a. Third-Party Integrations

The Services allow you to connect with third-party platforms, including accounting software, ERP systems, and chat applications. Your use of third-party services is subject to their respective terms of service and privacy policies.

b. Authorisation

By connecting a third-party service to FlowGo, you authorise us to access and process data from that service as necessary to provide the Services. You are responsible for ensuring you have the necessary permissions and authority to grant this access.

c. Third-Party Availability

We are not responsible for the availability, performance, or security of third-party services. Changes to third-party APIs or services may affect the functionality of FlowGo integrations.

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8. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or process illegal, harmful, or fraudulent content
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Attempt to gain unauthorised access to any part of the Services or other users' accounts
• Use the Services to send spam, phishing messages, or other unsolicited communications
• Reverse engineer, decompile, or attempt to extract source code from the Services
• Use the Services in any manner that could damage, disable, or impair the Services
• Resell, sublicense, or otherwise commercialise the Services without our written consent
• Use automated systems (bots, scrapers) to access the Services without authorisation
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

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9. Intellectual Property Rights

a. FlowGo's Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding Your Data), are owned by FlowGo or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

b. Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our Services without any obligation to you.

c. Trademarks

FlowGo, the FlowGo logo, and other FlowGo trademarks are the property of FlowGo. You may not use our trademarks without our prior written consent.

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10. Warranties and Disclaimers

a. Service Availability

We strive to provide reliable and uninterrupted access to the Services, but we do not guarantee that the Services will be available at all times or error-free. The Services are provided "as is" and "as available."

b. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, secure, or error-free
• Any errors or defects will be corrected
• The results obtained from using the Services will be accurate or reliable

c. Third-Party Services

We make no warranties regarding third-party services, integrations, or content accessed through the Services.

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11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a. Exclusion of Certain Damages

FLOWGO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Cap on Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO FLOWGO IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR AUD $100, WHICHEVER IS GREATER.

c. Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

d. Australian Consumer Law

For Australian users, nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

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12. Indemnification

You agree to indemnify, defend, and hold harmless FlowGo, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Data or any content you submit through the Services
• Your breach of any applicable laws or regulations

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13. Term and Termination

a. Term

These Terms remain in effect for as long as you access or use the Services.

b. Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings or by contacting us at hello@flowgoai.com. Termination will be effective at the end of your current billing period.

c. Termination by Us

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

• You breach these Terms
• Your account has been inactive for an extended period
• We are required to do so by law
• Continuing to provide the Services creates legal or security risks

d. Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• You will remain responsible for any outstanding fees or charges
• We may delete Your Data in accordance with our data retention policies
• You may request an export of Your Data within 30 days of termination, subject to technical feasibility

Sections that by their nature should survive termination (including Sections 6, 9, 10, 11, 12, and 14) will continue to apply after termination.

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14. Dispute Resolution

a. Governing Law

For Australian users, these Terms are governed by the laws of New South Wales, Australia.

For Malaysian users, these Terms are governed by the laws of Malaysia.

b. Jurisdiction

For Australian users, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

For Malaysian users, you agree to submit to the exclusive jurisdiction of the courts of Malaysia.

c. Informal Resolution

Before filing any formal legal action, you agree to first contact us at hello@flowgoai.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations.

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15. General Provisions

a. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FlowGo regarding the Services and supersede any prior agreements.

b. Amendments

We may modify these Terms at any time by posting the revised Terms on our website with an updated "Last updated" date. Material changes will be communicated to you via email or through the Services. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

c. Waiver

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

d. Severability

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

e. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.

f. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including natural disasters, acts of government, war, terrorism, labour disputes, or internet service provider failures.

g. No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and FlowGo.

h. Export Compliance

You agree to comply with all applicable export control laws and regulations in your use of the Services.

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16. Contact Us

If you have questions about these Terms, please contact us:

Australia:
FlowGo Pty Ltd (ACN 691 432 292)
Email: hello@flowgoai.com

Malaysia:
FlowSync AI Sdn Bhd (Registration No.: 202501045885 (1647293-D))Email: hello@flowgoai.com