Terms of Service

1. Acceptance of Terms

Welcome to FlowLabs. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FlowLabs ("FlowLabs," "we," "us," or "our"), an Australian based business. FlowLabs may be operated by one or more individuals in partnership or by a company or other entity that succeeds that structure from time to time.

By accessing or using the FlowLabs platform, website, applications, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and that organisation.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any modifications to these Terms constitutes your acceptance of those modifications.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract;
• Not have been previously suspended, removed, or banned from the Service;
• Comply with all applicable laws and regulations in your jurisdiction.

By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time and to refuse service to anyone who does not meet these requirements.

3. Description of Service

FlowLabs provides a high-fidelity streaming platform designed for creative professionals, including but not limited to colourists, directors, cinematographers, editors, and producers. The Service enables:

• Real-time video collaboration with ultra-low latency streaming via WHIP (WebRTC-HTTP Ingestion Protocol);
• Creation and management of streaming sessions, including Instant Rooms and Custom Personal Rooms;
• Account dashboard for session management, billing, and credit tracking;
• Communication features including chat, screen sharing, and participant management;
• A credit-based usage system for session consumption.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and complete;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at support@flowlabs.live of any unauthorised use of your account or any other security breach.

You may not create more than one account per person unless expressly authorised by FlowLabs. You may not use another person's account without their permission. You may not sell, transfer, or assign your account to any third party.

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, outdated, or incomplete, or if we reasonably believe your account has been compromised.

5. Fees and Payment

5.1 Subscription Plans

FlowLabs offers various subscription plans, including Personal (Free), Pro, Studio, and Enterprise tiers. Each plan includes different features, credit allowances, and pricing as detailed on our website. Plan features and pricing are subject to change with reasonable notice.

5.2 Credit System

The Service operates on a credit-based usage system. Credits are consumed based on session duration, number of participants, and quality tier selected. The credit calculation formula and current rates are available on our website and dashboard.

There are three categories relevant to usage and billing:

• Subscription Credits: Included with eligible paid subscription plans and replenished each billing cycle. Unused Subscription Credits may roll over to a subsequent billing period up to the rollover cap applicable to your plan, as described on our website or dashboard.
• Prepaid Credits: Purchased separately and applied after Subscription Credits. Prepaid Credits do not expire while your account remains open and are retained even if you cancel your subscription.
• Overage Usage: If your available Subscription Credits and Prepaid Credits are exhausted, or if your plan otherwise permits it, additional usage may be recorded as overage usage and invoiced in accordance with your plan, billing settings, and the pricing disclosed on our website or dashboard.

If you cancel your subscription but keep your account open, any remaining Prepaid Credits will remain attached to your account and can continue to be used in accordance with these Terms. If you permanently close your account, any remaining Prepaid Credits will be forfeited and will not be refunded, except where required by law.

Unless otherwise stated for your plan, usage on paid subscription plans is applied first against Subscription Credits, then against Prepaid Credits, and then against any permitted overage usage. On Personal plans, usage is deducted from available Prepaid Credits.

5.3 Billing

For paid subscriptions, you authorise us to charge the payment method on file on a recurring basis according to your selected billing cycle. You are responsible for ensuring your payment information is current and accurate. Failed payments may result in suspension of your account.

5.4 Price Changes

We reserve the right to change our prices at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following notice of the change. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Refunds

All purchases of credits and subscriptions are generally non-refundable. This includes, but is not limited to:

• Prepaid Credits purchased through the platform;
• Subscription fees for any billing period;
• Unused Subscription Credits, including any rolled-over Subscription Credits;
• Partially used subscription periods following cancellation.

Refund requests may be considered on a case-by-case basis at FlowLabs' sole and absolute discretion. To request a refund, contact us at support@flowlabs.live with details of your request. We are under no obligation to grant any refund request.

Nothing in this section limits any rights you may have under the Australian Consumer Law that cannot be excluded by agreement.

7. User Conduct and Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and any content you stream, share, or transmit through the Service.

You agree NOT to use the Service to:

• Violate any applicable local, state, national, or international law or regulation;
• Stream, upload, or transmit content that infringes any copyright, trademark, patent, trade secret, or other intellectual property rights, including but not limited to streaming copyrighted films, television shows, or other media without proper authorisation;
• Stream, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Stream, upload, or transmit pornographic, sexually explicit, or adult content;
• Engage in hate speech, discrimination, or content that promotes violence against any individual or group;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Upload or transmit viruses, malware, or any other malicious code;
• Interfere with or disrupt the Service, servers, or networks connected to the Service;
• Attempt to gain unauthorised access to any portion of the Service, other accounts, computer systems, or networks;
• Use any robot, spider, scraper, or other automated means to access the Service;
• Reverse engineer, decompile, or disassemble any portion of the Service;
• Resell, sublicence, or commercially exploit the Service without express written authorisation;
• Use the Service for any fraudulent or deceptive purpose;
• Collect or harvest any information about other users without their consent;
• Circumvent any technological measures we use to protect the Service.

Violation of these prohibitions may result in immediate suspension or termination of your account without notice or refund, and may subject you to legal liability.

8. Intellectual Property

8.1 FlowLabs Property

The Service, including its original content, features, functionality, design, text, graphics, logos, icons, images, audio, video, software, and all related intellectual property rights, are and shall remain the exclusive property of FlowLabs and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws of Australia and international jurisdictions.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part thereof without our express written consent.

8.2 Trademarks

"FlowLabs," the FlowLabs logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FlowLabs. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

8.3 Your Ownership

You retain all ownership rights to your original content that you stream or share through the Service. FlowLabs does not claim ownership of your content. However, by using the Service, you grant us certain licences as described in Section 9.

9. User Content

9.1 Responsibility for Content

You are solely responsible for all content you stream, upload, post, or otherwise transmit through the Service ("User Content"). You represent and warrant that you own or have the necessary rights, licences, and permissions to use and authorise FlowLabs to use your User Content as described in these Terms.

9.2 Technical Licence to FlowLabs

By using the Service to stream or share content, you grant FlowLabs a limited, non-exclusive licence to:

• transmit your streamed content in real time to participants in your session; and
• where you enable any recording or storage feature in the Service, host, store, process and make that recorded content available to you and any participants or recipients you designate, until you delete it or your account is closed.

For chat messages sent through the Service, you grant FlowLabs a licence to store and display those messages to session participants and to retain them in accordance with our data retention practices.

FlowLabs does not claim any ownership rights over your content. We do not use your streamed or recorded content for marketing, promotional purposes, or any purpose other than providing and operating the Service and complying with law.

9.3 Stored Content

FlowLabs stores certain User Content and related information in order to operate the Service, including chat logs, room names, session metadata, connection information, and your account details. This stored content is handled in accordance with our Privacy Policy.

The Service is not intended to be your sole or primary storage for any content. You are responsible for maintaining your own backups of any content you consider important.

9.4 Content Monitoring and Removal

FlowLabs is not obligated to monitor User Content but reserves the right to review, screen, and remove any User Content at our sole discretion, without notice, for any reason, including if we believe it violates these Terms or is otherwise objectionable. We are not responsible for any failure to remove, or delay in removing, User Content.

10. Privacy

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 Service, you consent to our collection and use of your information as described in the Privacy Policy.

Our handling of personal information complies with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please review our Privacy Policy carefully to understand our practices.

You understand that your personal information and User Content may be stored and processed on servers located outside your state, territory, or country, including in countries where data protection laws may differ from those in Australia. We will take reasonable steps to ensure any overseas recipients handle personal information in accordance with the Australian Privacy Principles.

11. Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or applications that are not owned or controlled by FlowLabs. This may include payment processors, authentication providers, and other service providers.

FlowLabs has no control over and assumes no responsibility for the content, privacy policies, practices, or availability of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

We encourage you to read the terms and privacy policies of any third-party services that you access through or in connection with the Service.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, FlowLabs expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free;
• Any warranty regarding the quality, accuracy, or reliability of any content or information obtained through the Service;
• Any warranty that the Service will meet your requirements or expectations;
• Any warranty regarding stream quality, latency, resolution, or performance;
• Any warranty that defects will be corrected;
• Any warranty regarding the preservation or security of any data or content.

You acknowledge that streaming technology involves inherent technical limitations, including potential issues with network connectivity, bandwidth, encoding, decoding, and device compatibility. FlowLabs does not guarantee any particular level of stream quality, latency, or performance.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights under the Australian Consumer Law or other applicable consumer protection legislation.

You acknowledge that the performance of the Service depends on third party networks, software, and hardware that are outside our control, including your internet connection and equipment, and we are not responsible for any failure or degradation in the Service caused by such third party factors.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall FlowLabs, its partners, affiliates, officers, employees, agents, suppliers, or licensors be liable for:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages;
• Any loss of profits, revenue, business, savings, goodwill, or data;
• Any business interruption or loss of business opportunity;
• Any damages arising from service downtime, interruptions, or unavailability;
• Any damages arising from stream quality issues, latency, or performance problems;
• Any loss or corruption of data or content;
• Any cost of procurement of substitute goods or services;
• Any damages arising from unauthorised access to or alteration of your transmissions or data;
• Any damages arising from the conduct or content of any third party on the Service;
• Any other damages arising out of or in connection with your use of the Service.

These limitations apply regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise) and even if FlowLabs has been advised of the possibility of such damages.

To the maximum extent permitted by law, the total liability of FlowLabs for any claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you have paid to FlowLabs in the twelve (12) months immediately preceding the claim; or (b) one hundred Australian dollars (AUD $100).

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law or any other legislation implies a condition, warranty, or term into these Terms or provides statutory guarantees, and FlowLabs' liability for breach of that condition, warranty, term, or guarantee cannot be excluded but may be limited, then FlowLabs' liability is limited to resupplying the Service or paying the cost of having the Service supplied again.

14. Indemnification

You agree to defend, indemnify, and hold harmless FlowLabs, its partners, affiliates, officers, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees and costs) arising from or related to:

• Your use of the Service or any activity under your account;
• Your User Content, including any claims that your User Content infringes or violates the intellectual property rights, privacy rights, or other rights of any third party;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any dispute between you and any other user of the Service.

FlowLabs reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims. You will not settle any claim without FlowLabs' prior written consent.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@flowlabs.live and attempt to resolve the dispute informally for at least thirty (30) days. During this period, both parties will engage in good faith efforts to resolve the dispute through direct communication.

15.2 Governing Law and Jurisdiction

If we are unable to resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or any relationship between you and FlowLabs shall be governed by the laws of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

15.3 Costs

Each party shall bear its own costs and expenses in connection with any dispute, including legal fees, unless a court determines otherwise.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims within the jurisdiction of a small claims tribunal may be brought in such tribunal.

16. Termination

16.1 Termination by You

You may terminate your account and these Terms at any time by discontinuing use of the Service and, if applicable, cancelling your subscription through your account settings or by contacting us at support@flowlabs.live.

16.2 Termination by FlowLabs

FlowLabs may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms;
• Conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or our business interests;
• Suspected fraudulent, abusive, or illegal activity;
• Non-payment of fees;
• Extended periods of inactivity;
• Upon request by law enforcement or government agencies;
• For convenience, with reasonable notice.

16.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Service will immediately cease;
• Any unused Subscription Credits, including any rolled-over Subscription Credits, will be forfeited;
• Any unused Prepaid Credits will be forfeited upon termination of your account and will not be refunded, except where termination results from our material breach of these Terms or where a refund is required by law. If we terminate your account solely for our convenience, we may, acting reasonably, offer a pro rata refund or credit.
• We may delete or anonymise your account information and User Content. We may, however, retain certain information as required by law, for legitimate business purposes such as record keeping, security, fraud prevention, and enforcement of our rights, and as described in our Privacy Policy.
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16.4 Survival

The following sections shall survive termination: Section 6 (Refunds), Section 8 (Intellectual Property), Section 9 (User Content), Section 12 (Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution), and Section 18 (General Provisions).

17. Changes to Terms

FlowLabs reserves the right to modify or replace these Terms at any time in our sole discretion. If we make material changes, we will provide notice through the Service or by sending you an email at the address associated with your account.

For non-material changes, your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

For material changes that significantly affect your rights or obligations, we may require your explicit acknowledgment or consent before such changes take effect. If you do not agree to the modified Terms, you must discontinue use of the Service.

It is your responsibility to review these Terms periodically. The "Last updated" date at the top of these Terms indicates when they were most recently revised.

18. General Provisions

18.1 Governing Law

The governing law and jurisdiction applicable to these Terms are as set out in Section 15.2.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

18.3 No Waiver

The failure of FlowLabs to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FlowLabs.

18.4 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and FlowLabs regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.

18.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. FlowLabs may assign these Terms, in whole or in part, at any time without notice to you.

18.6 Force Majeure

FlowLabs shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, or failures of telecommunications or internet service providers.

18.7 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and FlowLabs. Neither party has any authority to bind the other or to incur any obligation on behalf of the other.

19. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us: