Last update: January 23, 2024

1. Acceptance of Terms

a. These Terms of Service ("the Terms") govern your access to and use of Fast Flow’s cloud-based automation technology services available at fastflow.dev after logging into your Fast Flow Account (as defined below), Fast Flow APIs and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing (collectively, the "Service").

b. Fast Flow, LLC is a Delaware corporation, and in these Terms, we will reference ourselves as "Fast Flow" or "we"/"us".. By accepting these Terms or by accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service. Any actions you, or any of your employees, consultants, agents, representatives, and users take on the Service shall be deemed to have occurred on behalf of your legal entity.

c. You can review the most current version of this TOS at any time at https://fastflow.dev/terms. If any term of this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

2. Fast Flow Account Registration

a. Account Registration and Use License: In order to access and use the Service, you must register for a Fast Flow Account. You must provide and maintain accurate, current, and complete Account Information. Upon your proper registering for a Fast Flow Account and subject to these Terms, Fast Flow will make the Service available during the applicable Subscription Term, solely for your own internal business purposes and in accordance with the Documentation.

b. Eligibility: In order to open and maintain a Fast Flow Account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.

c. Credentials: To set up and use your Fast Flow Account, you may create a user ID and password to access your account. You are responsible for maintaining the confidentiality of your Fast Flow Account credentials. You agree to immediately notify Fast Flow of any suspected or actual unauthorized use of your Fast Flow Account. You further agree that Fast Flow will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your Fast Flow Account.

3. Description of Service

a. Fast Flow reserves the right to alter the Service at any time. Certain features of the Service may not be available in all countries. We reserve right to limit or make available the Service or parts of the Service depending on location.

b. The Service may include new or different features from time to time. The Service is provided "as-is". That means the Service may include bugs that impact your ability to use the Service and/or may impact your business. Fast Flow is not liable for your use of the Service.

4. Fees; Taxes; Term and Termination

a. Fees: Some Service features may only be accessed and used after payment of applicable Fees.

b. Taxes: You are responsible for any Taxes other than Fast Flow’s income tax. Fees and expenses are exclusive of Taxes, levies, or duties. If Fast Flow has the legal obligation to pay or collect Taxes for which you are responsible under this section, Fast Flow will invoice you, and you will pay that amount unless you provide Fast Flow with a valid tax exemption certificate authorized by the appropriate taxing authority.

c. Subscription Term and Auto-Renewal: Your Subscription Term begins once you register for your Fast Flow Account and is the billing cycle that you selected for your Fast Flow Account. UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION PRIOR TO EXPIRATION OF YOUR CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN (OR IF NO LONGER AVAILABLE, THE EQUIVALENT SUCCESSOR PLAN) AND FOR A PERIOD EQUAL TO YOUR CURRENT SUBSCRIPTION TERM. All renewals are subject to the applicable Service and Plan continuing to be offered, and will be subject to the then-current Fees applicable to the renewed Service.

d. Plan Changes, Cancellation, and Termination by You: You can change or cancel your plan or also delete your Fast Flow Account on https://fastflow.dev/app/billing. You expressly acknowledge that downgrading your Service may cause the loss of features or other capabilities of your Fast Flow Account, and that Fast Flow does not accept any liability for such loss.

e. Termination and Suspension by Fast Flow: We reserve the right at any time to modify or discontinue, temporarily or permanently, your account and/or the Service (or any part thereof) with or without notice. Fast Flow shall not be liable to you or to any third party for any modification, price change, change in capacity or accessibility, suspension or discontinuance of the Service. Fast Flow may limit your use of the Service for any reason at all, in Fast Flow's sole discretion. You agree that any termination or limitation of your access to the Service may be without prior notice, and you agree that Fast Flow will not be liable to you or any third party for such change or termination. If Fast Flow terminates these Terms or your access or use of the Service due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms shall be in addition to any other remedies Fast Flow may have at law or in equity. If Fast Flow terminates your account without cause and you have signed up for a fee-bearing service, we will refund the prorated, unearned portion of any amount that you have prepaid to Fast Flow for such service.

f. Effect of Termination: Once you delete your Fast Flow Account, neither your Fast Flow Account nor your Customer Content can be restored or recovered in any way. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

5. Your Use of the Service and Restrictions

a. Account and Use of Service: You may use your Fast Flow Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms and the Documentation.

b. Prohibited Use: You shall not use or access the Service in violation of the Acceptable Use Policy. Further, you will not and will not permit anyone else to: (i) copy, modify, create derivative works of or remove proprietary notices from the Service; (ii) conduct security or vulnerability tests of the Service, interfere with its operation or circumvent its access restrictions; or (iii) otherwise use the Service outside of the scope of the rights expressly granted herein.

6. Our Security and Data Privacy Practices

a. Data Privacy: Fast Flow’s Privacy Policy is hereby incorporated into and part of these Terms by this reference.

b. Data Processing Addendum: To the extent that Fast Flow processes any Personal Information (as defined in the DPA) contained in Customer Content subject to the Data Protection Legislation (as defined in the DPA), the DPA shall apply to such processing. To the extent that Fast Flow processes any personal data subject to the European Union General Data Protection Regulations ("GDPR"), you are the data exporter and Fast Flow is the data importer.

c. Security: We have implemented and maintained physical, technical, and administrative security measures designed to protect the Service and Customer Content from unauthorized access, destruction, use, modification, or disclosure.

7. Terms that Apply to Your Data

a. Your Data: You retain ownership of your Customer Content, including Customer Content from your accounts with Third-Party Services that passes through the Service. By transmitting Customer Content through the Service, you hereby grant Fast Flow a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. Fast Flow has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that Fast Flow may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

b. Your Compliance Obligations: You shall be solely responsible for the accuracy, quality, content, and legality of Customer Content, and any actions triggered by Customer Content. You represent and warrant that: (i) you have obtained all necessary rights, releases, and permissions to transmit Customer Content through the Service and for any actions triggered by Customer Content on the Service, and to otherwise use, process, and/or store Customer Content on the Service used or stored; and (ii) Customer Content, and its transmission, processing, storage, and use as you authorize in these Terms or through your Fast Flow Account will not violate any laws or regulations, these Terms, or the terms of any applicable Third-Party Service.

c. No High-Risk Activities or Prohibited Sensitive Personal Data: You may not access or use the Service for any High-Risk Activities or to upload or transmit any Sensitive Personal Data. We have no liability under these Terms for any High-Risk Activities or Sensitive Personal Data in violation of the foregoing.

8. Proprietary Rights and Improving the Service

a. Fast Flow Service: The Service is made available on a limited access basis, and no ownership rights are conveyed to you. Notwithstanding anything to the contrary in these Terms, we and our licensors have and retain all right, title, and interest, including all intellectual property rights, in and to the Service, including all modifications, updates, upgrades, extensions, components, and all derivative works to the Service. All our rights not expressly granted under these Terms are hereby retained.

b. Nothing in these Terms shall be construed as granting any license or right to use any Fast Flow or third-party trademark without the applicable prior written consent of Fast Flow or the owner of the third-party trademark. You hereby grant Fast Flow the right to identify you as a customer of Fast Flow and to use your logos and/or trademarks for that purpose.

9. Third-Party Services

a. Links and Integrations with Third-Party Services: The Service may contain, or otherwise enable, links to and integrations with Third-Party Services, whether located within the Service or on separate Third-Party Service websites which connect back to the Service. Fast Flow provides and/or enables such links to and integrations solely as a convenience, has no responsibility for the content, functionality, or availability of such Third-Party Services, and does not endorse such Third-Party Services (or any products or other services associated therewith). Access to any Third-Party Services linked to the Service is at your own risk, and Fast Flow is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made by, on, or through such Third-Party Services.

b. Linking to Third-Party Services: You acknowledge and agree that your Account Information and Usage Information regarding your use of a Third-Party Service integration through your Fast Flow Account may be shared with that Third-Party Service. Pursuant to your configuration and usage of the Service, Customer Content will be transmitted to and from your Fast Flow Account to one or more Third-Party Service(s) you’ve linked with your Fast Flow Account. We may also share your Customer Content with a specific Third-Party Service which you linked to your Fast Flow Account in order to prevent or resolve service, security, support, or technical issues related to that Third-Party Service.

10. Service Warranty; Indemnification

a. Service Warranty: If you are a paying subscriber to the Service, Fast Flow warrants to you that we will provide the Service during the Subscription Term substantially as described in the Documentation under normal use. In the event of any breach of this warranty, your exclusive remedy will be our reperformance of the deficient Service or, if we cannot reperform such deficient Service as warranted, you may terminate your Fast Flow Account as set forth above and we will refund a prorated portion of your prepayment. You must notify us in writing of any warranty deficiency within ten (10) days from receipt of the deficient Service in order to receive the foregoing warranty remedy.

b. Disclaimers: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FAST FLOW MAKES NO WARRANTY THAT THE SERVICE IS COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, FAST FLOW HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SERVICE OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SERVICE RESTS WITH YOU. FAST FLOW AND ITS LICENSORS WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SERVICE. FAST FLOW MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICE WILL BE UNINTERRUPTED, THAT THE SERVICE WILL BE ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

11. Limitation of Liability

a. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED HEREIN), NEITHER PARTY NOR THEIR LICENSORS (AND IN THE CASE OF FAST FLOW, ANY FAST FLOW EXTENDED TEAM) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE ACTUAL FEES PAID BY YOU TO FAST FLOW DURING YOUR CURRENT PLAN TERM.

b. The parties agree that the waivers and limitations specified in this Section 11 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

12. Confidential Information

a. Confidential Information: Each party ("Disclosing Party") may disclose Confidential Information to the other party ("Receiving Party") in connection with the Service. Confidential Information is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, as well as non-public business, product, product roadmap, technology, and marketing information. If something is labeled "Confidential," that is a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.

b. Protection and Use of Confidential Information: The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Service, provided, they are bound to confidentiality obligations at least as restrictive as those in these Terms; and (ii) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Service and these Terms. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, such advisors are bound to confidentiality obligations at least as restrictive as those in these Terms.

c. Compelled Access or Disclosure: The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.

13. Additional Information about the Service

a. Administrative Controls: If your Fast Flow Account has owners, administrative, or super administrative users, you understand and agree that such users may be able to access, modify, and/or delete (as applicable) your Customer Content, and other data contained in your Fast Flow Account, as described in the Documentation, particularly this article.

b. Location of the Service: Fast Flow operates or controls the operation of the Service from a cloud service located in the United States. In addition, the Service and Customer Content may be accessed, mirrored, and/or managed from various locations outside the United States.

14. Modifications to Terms

Fast Flow may revise these Terms from time to time by posting a modified version of the Terms including their effective date. If we make material changes to the Terms, we will provide you with reasonable notice prior to the new Terms taking effect. By continuing to access or use the Service after the posting of any modified Terms, you agree to be bound by such modified Terms.

15. Notice

The Service is conducted electronically and you agree that Fast Flow may communicate electronically with you for any matters relating to the Service, including but not limited to information and notifications regarding product updates, payments, and ways to more efficiently use the Service, and legal notices of any kind, including cancellation and termination, unless prohibited by law. Any notices to be provided to you under these Terms shall be sent by electronic mail to the last email address that we have on file for you, and you hereby consent to receiving any such notice by electronic mail. Notice shall be deemed to have been given by Fast Flow on the date we sent the relevant electronic communication with applicable receipt of delivery.

16. General

a. Force Majeure: Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, war, terrorism, and governmental action.

b. Assignment: Neither party may assign or delegate any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party, such consent not to be unreasonably withheld. Notwithstanding the foregoing, either party may assign these Terms in their entirety, without the other party’s consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

c. Severability; Waiver: If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms.

d. No Third-Party Beneficiaries: These Terms do not create any right in favor of any third party.

e. Governing Law; Jurisdiction: These Terms shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Fast Flow in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.