Terms and Conditions

Terms and Conditions

Effective Date: [Date]
Last Updated: [Date]

1. Agreement to Terms

By accessing and using flywheel.works ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Description of Service

flywheel.works is an AI Agent-driven Customer Relationship Agent (CRA) platform that provides:

  • AI-Powered CRA Tools: Intelligent customer data management and analytics
  • AI Agents: Automated assistants for sales, marketing, and customer service
  • Team Collaboration: Organization management and team workspace features
  • Integrations: Third-party service connections and API access
  • Analytics: Business intelligence and reporting tools

3. User Accounts and Registration

3.1 Account Creation

  • You must provide accurate, complete, and current information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old to create an account
  • One person or entity may not maintain multiple accounts

3.2 Account Security

  • You are responsible for all activities under your account
  • Notify us immediately of any unauthorized access or security breaches
  • We reserve the right to suspend accounts that violate security policies

3.3 Organization Accounts

  • Organization owners are responsible for managing team members and permissions
  • Organization data is shared among authorized team members
  • Billing responsibility lies with the organization owner or designated billing contact

4. AI Services and Data Processing

4.1 AI Agent Functionality

  • Our AI agents process your data to provide personalized recommendations and automation
  • AI responses are generated based on your data and our trained models
  • We continuously improve AI performance using anonymized, aggregated data

4.2 Data Accuracy

  • AI-generated content and recommendations are provided "as is"
  • You are responsible for verifying the accuracy of AI-generated information
  • We do not guarantee the completeness or accuracy of AI outputs

4.3 AI Training and Improvement

  • We may use anonymized data to improve our AI models
  • Personal identifiable information is never used in model training
  • You can opt-out of data usage for AI improvement in your settings

5. Acceptable Use Policy

5.1 Permitted Uses

  • Use the Service for legitimate business purposes
  • Comply with all applicable laws and regulations
  • Respect intellectual property rights
  • Maintain data security and privacy standards

5.2 Prohibited Activities

  • Illegal Activities: Using the Service for unlawful purposes
  • Data Misuse: Uploading malicious, copyrighted, or inappropriate content
  • System Abuse: Attempting to hack, disrupt, or overload our systems
  • Spam and Harassment: Sending unsolicited communications or harassing users
  • Competitive Intelligence: Using the Service to compete directly with us

5.3 Content Standards

  • You retain ownership of your data and content
  • You grant us license to process your data to provide the Service
  • Content must not violate third-party rights or applicable laws

6. Subscription and Billing

6.1 Subscription Plans

  • Various subscription tiers are available with different features and limits
  • Pricing is subject to change with 30 days' notice
  • Enterprise plans may have custom terms and pricing

6.2 Payment Terms

  • Subscriptions are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • Failed payments may result in service suspension

6.3 Free Trials

  • Free trials are available for eligible new users
  • Trial limitations apply as specified in your account
  • Trials automatically convert to paid subscriptions unless canceled

6.4 Cancellation and Refunds

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of the current billing period
  • Refunds are provided only as required by applicable law

7. Data Ownership and Privacy

7.1 Your Data

  • You retain ownership of all data you input into the Service
  • We process your data according to our Privacy Policy
  • You can export your data at any time in standard formats

7.2 Our Data

  • We own all intellectual property in the Service and our AI models
  • Usage analytics and aggregated data insights belong to us
  • Our proprietary algorithms and methodologies are protected

7.3 Data Security

  • We implement industry-standard security measures
  • Data is encrypted in transit and at rest
  • Regular security audits and compliance assessments are conducted

8. Intellectual Property Rights

8.1 Service Ownership

  • flywheel.works and all related trademarks are our property
  • The Service, including AI models and algorithms, is protected by intellectual property laws
  • You may not reverse engineer, copy, or create derivative works

8.2 User Content

  • You retain rights to your original content and data
  • You grant us necessary licenses to provide the Service
  • We respect your intellectual property rights

8.3 Third-Party Content

  • The Service may include third-party content and integrations
  • Third-party content is subject to separate terms and licenses
  • We are not responsible for third-party content or services

9. Service Availability and Support

9.1 Service Level

  • We strive for 99.9% uptime but do not guarantee uninterrupted service
  • Scheduled maintenance will be announced in advance when possible
  • Service availability may vary by subscription tier

9.2 Support Services

  • Support is provided according to your subscription level
  • Response times vary based on issue severity and subscription tier
  • Support is available in English and other supported languages

9.3 Service Modifications

  • We may modify, update, or discontinue features with notice
  • Major changes will be communicated at least 30 days in advance
  • We reserve the right to make emergency changes for security or legal reasons

10. Limitation of Liability

10.1 Service Limitations

  • The Service is provided "as is" without warranties of any kind
  • We do not guarantee specific business outcomes or results
  • AI recommendations are suggestions, not professional advice

10.2 Liability Limits

  • Our liability is limited to the amount paid for the Service in the preceding 12 months
  • We are not liable for indirect, incidental, or consequential damages
  • Some jurisdictions do not allow liability limitations, so these may not apply to you

10.3 Indemnification

  • You agree to indemnify us against claims arising from your use of the Service
  • This includes claims related to your data, content, or violation of these Terms
  • We will provide reasonable notice of any claims requiring indemnification

11. Termination

11.1 Termination by You

  • You may terminate your account at any time through your account settings
  • Data export should be completed before termination
  • Some data may be retained for legal or security purposes

11.2 Termination by Us

  • We may terminate accounts for violation of these Terms
  • We may suspend service for non-payment or security reasons
  • We will provide reasonable notice except in cases of serious violations

11.3 Effect of Termination

  • Access to the Service will cease immediately upon termination
  • Your data will be deleted according to our data retention policy
  • Certain provisions of these Terms survive termination

12. Dispute Resolution

12.1 Governing Law

  • These Terms are governed by [Your Jurisdiction] law
  • Disputes will be resolved in the courts of [Your Jurisdiction]
  • International users may have additional rights under local law

12.2 Arbitration

  • Disputes may be subject to binding arbitration
  • Arbitration procedures will follow [Arbitration Rules]
  • Class action waivers may apply where legally permissible

12.3 Informal Resolution

  • We encourage resolving disputes through direct communication
  • Contact our support team before pursuing formal legal action
  • Many issues can be resolved through our standard support process

13. General Provisions

13.1 Entire Agreement

  • These Terms constitute the entire agreement between you and us
  • They supersede all prior agreements and understandings
  • Modifications must be in writing and agreed to by both parties

13.2 Severability

  • If any provision is found unenforceable, the remainder remains in effect
  • Unenforceable provisions will be modified to be enforceable while preserving intent
  • The Terms remain binding even if some provisions are invalid

13.3 Assignment

  • You may not assign these Terms without our written consent
  • We may assign these Terms in connection with business transfers
  • Assignment includes mergers, acquisitions, and asset sales

13.4 Force Majeure

  • We are not liable for delays or failures due to circumstances beyond our control
  • This includes natural disasters, government actions, and technical failures
  • Service will be restored as soon as reasonably possible

14. Contact Information

For questions about these Terms, please contact us:

15. Updates to Terms

We may update these Terms periodically. Significant changes will be communicated via:

  • Email notification to registered users
  • In-app notifications
  • Website announcements

Continued use of the Service after changes constitutes acceptance of the updated Terms.

These Terms are designed to protect both your rights and ours while enabling the best possible AI-driven CRA experience. We are committed to fair, transparent, and legally compliant service provision.