Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Flowganise platform and services ("Service") provided by Flowganise Pty Ltd (ACN 47 683 893 183) ("Flowganise", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

"Account" means your registered account on the Flowganise platform.

"Customer", "you", or "your" means the individual or entity that registers for and uses the Service.

"Customer Data" means all data collected from your website or digital properties through the Service, including but not limited to session data, behavioural data, traffic source data, and funnel analytics.

"Insights" means the issues, analyses, estimated dollar costs per issue, and recommended fixes generated by the Service.

"Subscription" means the paid plan you have selected to access the Service, as described in Section 6.

2. Eligibility and Account Registration

2.1. You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

2.2. When creating an Account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

2.3. You must notify us immediately at hello@flowganise.com if you become aware of any unauthorised use of your Account.

3. The Service

3.1. Flowganise is a conversion intelligence platform that detects friction across your website funnel, quantifies revenue impact, and surfaces prioritised fixes. The Service operates by analysing Customer Data collected via a tracking script installed on your website.

3.2. Insights are recommendations, not guarantees. The fixes, estimated dollar costs per issue, and analyses provided by the Service are based on algorithmic detection and statistical modelling. They are intended to inform your decision-making, not replace it. We do not guarantee any specific revenue outcome, conversion rate improvement, or business result from implementing any Insight.

3.3. We reserve the right to modify, update, or discontinue any feature of the Service at any time. We will use reasonable efforts to notify you of material changes.

4. Your Obligations

4.1. You are responsible for correctly installing and maintaining the Flowganise tracking script on your website in accordance with our documentation.

4.2. You must ensure that your use of the Service, including the collection of Customer Data, complies with all applicable laws, regulations, and industry standards, including but not limited to privacy and data protection laws in your jurisdiction.

4.3. You must maintain a valid and clearly disclosed privacy policy on your website that accurately describes your use of third-party analytics services, including Flowganise.

4.4. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying logic of the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorised access to any systems or networks connected to the Service.
• Resell, sublicense, or redistribute the Service or any Insights to third parties without our prior written consent.
• Use the Service to collect or process data of individuals under the age of 16 without verified parental consent, or otherwise in violation of applicable child protection laws.
• Send artificially inflated, bot-generated, or fraudulent traffic through the Service.

5. Minimum Requirements

5.1. The Service is designed for websites with sufficient traffic volume to generate statistically meaningful analysis. We recommend a minimum of 100,000 sessions per month for the Service to operate effectively.

5.2. If your website traffic falls below the threshold required for meaningful analysis, we may notify you and, at our discretion, suspend or limit your access to certain features of the Service.

6. Subscriptions, Pricing, and Payment

6.1. Access to the Service requires an active paid Subscription. Details of available plans, session limits, and pricing are published on our website and may be updated from time to time.

6.2. Subscriptions are billed monthly in advance. All fees are quoted in United States Dollars (USD) unless otherwise stated.

6.3. Payment is due on the date specified in your invoice or at the start of each billing cycle. We accept payment methods as specified on our website.

6.4. If your website traffic exceeds the session limit of your current plan during a billing cycle, we will notify you and may upgrade your Subscription to the appropriate tier. Continued use of the Service after exceeding your plan's session limit constitutes acceptance of the applicable higher-tier pricing.

6.5. Additional goals or features added to your Subscription will be charged at the rates specified at the time of activation.

6.6. All fees are exclusive of applicable taxes. You are responsible for any taxes associated with your use of the Service, as required by your jurisdiction.

6.7. We reserve the right to change our pricing with 30 days' written notice. Price changes will take effect at the start of your next billing cycle following the notice period.

7. Free Trials

7.1. We may offer a free trial period at our discretion. At the end of the trial, your Subscription will automatically convert to a paid plan unless you cancel before the trial expires.

7.2. We reserve the right to limit, modify, or discontinue free trial offers at any time.

8. Cancellation and Termination

8.1. You may cancel your Subscription at any time by contacting us at hello@flowganise.com or through your Account settings. Cancellation takes effect at the end of your current billing cycle. No refunds will be issued for the remaining portion of a billing period.

8.2. We may suspend or terminate your access to the Service immediately if:

• You breach any provision of these Terms.
• Your payment is overdue by more than 14 days.
• You engage in fraudulent, abusive, or unlawful activity in connection with the Service.
• We are required to do so by law.

8.3. Upon termination, your right to access the Service ceases immediately. We will retain your Customer Data for a period of 30 days following termination, during which you may request export of your data. After this period, we may delete your Customer Data in accordance with our data retention policies.

9. Data and Privacy

9.1. We collect and process Customer Data in accordance with our Privacy Policy, available at flowganise.com/privacy. By using the Service, you acknowledge and agree to our data practices as described in the Privacy Policy.

9.2. Your data, your ownership. You retain all rights, title, and interest in your Customer Data. You grant us a limited, non-exclusive licence to collect, process, store, and analyse your Customer Data solely for the purpose of providing and improving the Service.

9.3. We do not sell your Customer Data to third parties.

9.4. We implement commercially reasonable technical and organisational measures to protect Customer Data against unauthorised access, loss, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

9.5. If we become aware of a data breach that affects your Customer Data, we will notify you in accordance with applicable data breach notification laws.

9.6. You acknowledge that the Service collects behavioural and session data from visitors to your website. You are responsible for ensuring that your website's privacy disclosures and consent mechanisms comply with all applicable privacy laws in the jurisdictions where your website visitors are located.

10. GDPR and International Data Processing

This Section 10 applies where the General Data Protection Regulation (EU) 2016/679 ("GDPR") or the UK GDPR applies to the processing of personal data in connection with the Service. Where this Section conflicts with other provisions of these Terms, this Section prevails for in-scope processing.

10.1. Roles and Scope

(a) You are the data controller of the personal data collected from your website visitors through the Service. Flowganise is the data processor, processing personal data on your behalf and in accordance with your instructions as set out in these Terms.

(b) The categories of personal data processed include: website visitor behavioural data, session data, device and browser information, IP addresses (which may be anonymised), referral source data, and page interaction data. The data subjects are visitors to your website. The purpose of processing is to provide the Service — specifically, to detect friction, estimate revenue impact, and generate Insights.

(c) Processing will continue for the duration of your Subscription and for the data retention period described in Section 8.3.

10.2. Processor Obligations

Flowganise shall:

• Process personal data only on your documented instructions, including with respect to transfers of personal data outside the European Economic Area ("EEA") or the United Kingdom, unless required to do so by applicable law — in which case, Flowganise will inform you of that legal requirement before processing, unless prohibited by law from doing so.
• Ensure that all personnel authorised to process personal data are subject to appropriate confidentiality obligations.
• Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including as appropriate: pseudonymisation and encryption of personal data, measures to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems, measures to restore availability and access to personal data in a timely manner in the event of an incident, and a process for regularly testing, assessing, and evaluating the effectiveness of these measures.
• Not engage another processor (sub-processor) without your prior general written authorisation. We will maintain a current list of sub-processors at flowganise.com/sub-processors and will notify you of any intended changes at least 30 days in advance, giving you the opportunity to object. If you reasonably object to a new sub-processor on data protection grounds and we cannot accommodate the objection, you may terminate the affected portion of the Service without penalty.
• Taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests from data subjects exercising their rights under the GDPR (including rights of access, rectification, erasure, restriction, portability, and objection).
• Assist you in ensuring compliance with your obligations under Articles 32 to 36 of the GDPR (security, breach notification, impact assessments, and prior consultation), taking into account the nature of processing and the information available to Flowganise.
• At your choice, delete or return all personal data to you after the end of the provision of the Service, and delete existing copies unless applicable law requires storage of the personal data.
• Make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR, and allow for and contribute to audits, including inspections, conducted by you or an independent auditor mandated by you, subject to reasonable notice, scope, and confidentiality obligations. Such audits shall be limited to once per year unless a data breach or regulatory investigation necessitates additional review.

10.3. Data Breach Notification

In the event of a personal data breach (as defined in the GDPR), Flowganise will notify you without undue delay and in any event within 72 hours of becoming aware of the breach. The notification will include, to the extent available: a description of the nature of the breach, the categories and approximate number of data subjects and records concerned, the likely consequences, and the measures taken or proposed to address the breach and mitigate its effects.

10.4. International Data Transfers

(a) Customer Data originating from the European Economic Area ("EEA") or the United Kingdom is stored and processed within the EEA (Germany) by default. Where any processing occurs outside the EEA or the United Kingdom — including by sub-processors — Flowganise will ensure that appropriate safeguards are in place in accordance with Chapter V of the GDPR. These safeguards may include the European Commission's Standard Contractual Clauses (SCCs), as updated from time to time, or any other legally recognised transfer mechanism.

(b) Where transfers outside the EEA occur, Flowganise will conduct and maintain a transfer impact assessment where required and will implement supplementary measures as necessary to ensure that the level of protection afforded to personal data is not undermined by the transfer.

(c) Details of the countries in which Customer Data may be processed and the applicable transfer mechanisms are set out in our Privacy Policy.

10.5. Data Subject Rights

(a) If Flowganise receives a request directly from a data subject in relation to personal data processed on your behalf, Flowganise will promptly redirect the data subject to you and notify you of the request, unless otherwise required by law.

(b) Flowganise will provide you with reasonable technical assistance to fulfil data subject requests, including by providing relevant data exports or facilitating deletion requests within the Service.

10.6. Data Protection Impact Assessments

Where a type of processing is likely to result in a high risk to the rights and freedoms of data subjects, Flowganise will provide you with reasonable assistance in carrying out any data protection impact assessment and any prior consultation with a supervisory authority that may be required under Articles 35 and 36 of the GDPR.

10.7. Your Obligations Under GDPR

Where the GDPR applies, you are responsible for:

• Ensuring that you have a valid lawful basis for the collection and processing of personal data through the Service, and for providing appropriate transparency to your website visitors (including through your privacy policy and cookie consent mechanisms).
• Responding to data subject rights requests.
• Notifying the relevant supervisory authority and affected data subjects of a personal data breach where required under Articles 33 and 34 of the GDPR, using the information provided by Flowganise.
• Conducting data protection impact assessments where required.

11. Intellectual Property

11.1. The Service, including all software, algorithms, detection logic, designs, documentation, and branding, is the exclusive property of Flowganise and is protected by intellectual property laws.

11.2. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with your Subscription.

11.3. You retain ownership of your Customer Data. We retain ownership of all Insights, models, aggregated and anonymised data, and any improvements to the Service derived from the processing of Customer Data.

11.4. You may use Insights generated by the Service for your internal business purposes. You may not redistribute, resell, or publicly publish Insights without our prior written consent.

12. Confidentiality

12.1. Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service ("Confidential Information"), and to use such information only for the purpose of performing its obligations under these Terms.

12.2. Confidential Information does not include information that is publicly available, independently developed, or lawfully received from a third party without restriction.

13. Disclaimers

13.1. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components.

13.3. Estimated dollar costs per issue and other Insights are estimates based on statistical modelling and algorithmic analysis. They are not financial advice and should not be solely relied upon for business decisions.

13.4. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation that cannot be excluded by agreement.

14. Limitation of Liability

14.1. To the maximum extent permitted by law, Flowganise's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to Flowganise in the 12 months immediately preceding the event giving rise to the claim.

14.2. To the maximum extent permitted by law, Flowganise shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of business opportunity, or cost of procuring substitute services, regardless of the cause of action or the theory of liability.

14.3. The limitations in this Section 14 apply even if Flowganise has been advised of the possibility of such damages, and regardless of whether a remedy set forth in these Terms fails of its essential purpose.

14.4. Nothing in these Terms limits our liability for fraud, wilful misconduct, death, or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by law.

15. Indemnification

15.1. You agree to indemnify, defend, and hold harmless Flowganise, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in breach of these Terms.
• Your violation of any applicable law or regulation.
• Your failure to obtain necessary consents or provide adequate privacy disclosures to your website visitors.
• Any dispute between you and a third party relating to your use of the Service.

16. Third-Party Services

16.1. The Service may integrate with or rely on third-party services, platforms, or tools. We are not responsible for the availability, accuracy, or conduct of any third-party service, and your use of such services is subject to their respective terms and conditions.

17. Modifications to These Terms

17.1. We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect.

17.2. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your Subscription.

18. Governing Law and Dispute Resolution

18.1. These Terms are governed by the laws of New South Wales, Australia.

18.2. Any dispute arising out of or in connection with these Terms shall first be subject to good faith negotiation between the parties for a period of at least 30 days.

18.3. If the dispute is not resolved through negotiation, either party may submit the dispute to the courts of New South Wales, Australia, which shall have exclusive jurisdiction.

19. General Provisions

19.1. Entire Agreement. These Terms, together with our Privacy Policy and any order form or Subscription agreement, constitute the entire agreement between you and Flowganise and supersede all prior agreements relating to the subject matter.

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

19.3. Waiver. No failure or delay by Flowganise in exercising any right under these Terms shall constitute a waiver of that right.

19.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without your consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.

19.5. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to natural disasters, government actions, internet outages, or third-party service failures.

19.6. Notices. All notices under these Terms shall be in writing and sent to the email address associated with your Account (for notices to you) or to hello@flowganise.com (for notices to us).

20. Contact Us

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

Flowganise Pty Ltd ACN 47 683 893 183 Email: hello@flowganise.com