Terms | FusionFlow

FusionFlow Privacy Policy

Update Notice: This FusionFlow Privacy Policy is posted on 26 November 2024, and is effective 26 November 2024. Your continued use of the Site and Services automatically constitutes your acceptance of this updated Policy. You may review the prior version of the FusionFlow Privacy Policy here. This updated FusionFlow Privacy Policy completely replaces all previous versions.

What this Policy Covers

This FusionFlow Privacy Policy (“Privacy Policy”) describes how FusionFlow, Inc. and our affiliated entities collect, use, process, and share your personally identifiable information. This Policy also describes your choices regarding any applicable rights of access, deletion, and correction of your personal information. Where we refer to “information” in this Privacy Policy, it means any information that relates to an identified or identifiable person.

This Privacy Policy applies to fusionflow.ai, and any other website that links to this Policy (the “Site”). This Privacy Policy also applies to the information that we collect through the services we offer or our developer programs (the FusionFlow services, collectively referred to as “Services”), communities, through marketing and customer engagement, and branded social media pages.

This Privacy Policy also does not apply to information collected by third parties, such as third-party websites, social media platforms, third-party service providers, or other third-party services or applications that integrate with our Services. This Privacy Policy also does not apply to any information that is not personally identifiable, such as aggregated or anonymous information.

We may update this Privacy Policy from time to time and provide notice to you as described below in the section titled “Notice of Changes.”

If you are a citizen of Switzerland, the United Kingdom, or a country in the European Economic Area, we describe additional rights you may have in the European Privacy Rights statement. If you are a California resident, we describe additional rights you may have in the California Privacy Rights statement.

Personal Information We Collect

We collect or receive information in the ways described in this section.

Categories of Information We Collect

Information You Provide Us:

When You Create an Account: When you create an account, you provide us with your account registration and profile information (name, email address, company, and similar information). We automatically track certain information about your use of the Services, partner programs, or communities.

Content or Information You Provide in the Services: When you use the Services, information or content is transferred from one application to another application. We collect the information that is transferred between the third-party applications.

Content You Provide Through Our Site: If the Site or our social media platform pages allow you to upload content or information, we will collect the content or information you upload.

Information You Provide Through Support Channels or Communities: You may provide information or content to us through the customer support or chat functionality we make available on the Site, in the Services, or other sites that we control.

Marketing Information: We receive information about you directly from you when you engage with the Site and automatically when you engage with the Site or open or click the emails, we send you.

Partner Programs: We have several partner programs that we make available, such as our developer platform program and our expert program. Partners may also help us to market and promote our Services, generate leads, or they may resell our Services.

Payment Processing Information: When you create a paid account within the Services or otherwise initiate a transaction with us, we will use a third-party payment processor to process the payment.

Technical, Device, and Connection Information: When you use the Services or interact with our Site, we automatically collect information about the device you use to access the Site or Services.

Cookies and Other Tracking Technology: We use cookies, web beacons, pixels, or other tracking technology on the Site and in the Services to provide functionality, personalize your experience, and recognize you across services or devices.

Other Information Sources: We receive information about you from other sources, such as third-party service providers, public databases, and our business and channel partners.

How We Use Personal Information We Collect

We use the information we collect for the following purposes:

To provide and support the Services,

To improve the Services,

To provide, support, and improve the Site, our partner programs, or communities,

To process your requests,

To process your payments or transactions,

To provide you with information about our products and services,

To combine information about you with other information we receive from third parties,

To tailor the content or information that we provide to you,

To protect the integrity or security of our business, the Site, Services, or third-party applications.

How We Share Personal Information

We may share information when one of the following circumstances applies:

With your Consent: We may share your information with companies, organizations, and other third parties with your consent or to fulfill the purpose for which you provided the information.

With our Partners: We may share information with our partners for the purposes of the partnership agreement or to enable our partner programs.

To Provide the Services, Partner Programs, or Communities: We may share your information with your teammates, account administrators, billing, or technical account users.

For Business Purposes: We provide information to vendors and service providers to help us provide the Site, Services, partner programs, and communities, and for our business purposes.

To Market our Services or Partner Programs: We may share information that you provide us with third-party service providers who help us market our Services or our partner programs.

For Corporate Transactions: We may share personal data with actual or prospective acquirers, their representatives, and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, divestiture, or change in control involving all or a portion of our business or assets.

For Legal Reasons: We may share your information if we believe that it is necessary to comply with any court order, law, legal obligation, or legal process, including to respond to any government or regulatory request.

With Third-Party Widgets: If you click on a widget or social media feature, these widgets will share information with the widget provider.

Your Choices - Opting Out, Correcting or Accessing Your Information

Automatically Collected Information: You can block or delete cookies by adjusting the settings in your browser. Disabling cookies may affect the functionality of the Site or Services.

Our Marketing Activities: If you would like to opt-out of receiving our marketing, you can opt-out by sending an opt-out email to privacy@fusionflow.com. If we sent you a promotional email, you may opt-out by clicking the opt-out link at the bottom of the email.

Services: You can review and change your personal information in the Services by logging into the Service and visiting your account profile page.

Data Security and Data Transfers

Data Security: FusionFlow takes reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no application, Internet, or email transmission is ever fully secure, and we do not guarantee the security of any personal information.

Data Storage and International Data Transfers: Information that we collect from the Site will be transferred to and processed in the United States and in any other country where FusionFlow or its affiliates, subsidiaries, or third-party service providers maintain facilities or personnel.

EU-US Data Privacy Framework

FusionFlow complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), and the UK Extension to the EU-U.S. DPF (the UK Extension). If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Swiss-U.S. DPF Principles, or the UK Extension, the Principles shall govern.

Dispute Resolution

You may direct any questions or complaints about this Privacy Policy to us by contacting us through the channels indicated below. Any disputes arising out of or related to this Privacy Policy will be handled in accordance with the dispute resolution process indicated in your contract under terms and conditions with FusionFlow.

Notice of Changes

The Services, the Site, and our business may change from time to time. As a result, we may make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time. If we make changes to this Privacy Policy, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. If we make material changes, we will notify you through the Services user interface, as a pop-up on the Site, in an email notification, or through other reasonable means. Your continued use of the Site or Services after the date any such notice constitutes your acceptance of the modifications.

FusionFlow Acceptable Use Policy

Update Notice: We updated the FusionFlow Acceptable Use Policy effective [26 November 2024. Your continued use of our Service automatically constitutes your acceptance of these updated Terms. You may review the prior version of the FusionFlow Acceptable Use Policy here. This updated Policy completely replaces all previous versions.

At FusionFlow, our mission is to enable powerful data integration and automation for everyone. Our customers and partners rely on FusionFlow Services to automate critical parts of their business. To ensure continued reliability, everyone must access and use FusionFlow Services in ways that do not abuse our Services. This Acceptable Use Policy serves as a guide for what we consider abuse of our Services.

Security Violations or Network Abuse

Do not access or use FusionFlow Services directly or indirectly to, or in ways that create any of the following:

Disrupt uptime: Adversely impact the availability of our Services or those offered by a Third Party.

Denial of Service: Create or pose a risk that can result in a denial-of-service attack on our Services or services of a Third Party.

Bypass security: Bypass or attempt to circumvent limitations or security mechanisms established by FusionFlow or a Third Party. This includes testing or reverse-engineering to find limitations, vulnerabilities, competitive research, or evading filtering capabilities. This does not apply to FusionFlow’s published bug reporting program.

Security risk: Create a security or service risk to FusionFlow, our Services, or a Third Party.

Malicious attacks: Send or facilitate cyberattacks of any kind.

Wrongful Use

Do not access or use FusionFlow Services directly or indirectly to, or in ways that:

Fake engagement: Create, promote, or publish artificial or inauthentic engagement, reviews, or other related content.

Create multiple accounts: Create multiple FusionFlow accounts to circumvent any Service or Third Party limitations or restrictions.

Spamming: Generate or send unsolicited messages that you do not have permission to send to recipients or are otherwise prohibited under applicable law.

Intellectual Property Infringement: Use, post, distribute, or violate FusionFlow’s or a Third Party’s intellectual property rights without proper authorization.

Misrepresentation: Impersonate others, engage in phishing, spoofing, or misrepresent yourself or the origin of any content. Accounts on FusionFlow Services may not be created with disposable email addresses.

Circumvent or violate Third Party terms: Use Services primarily to violate or circumvent the terms or restrictions of a Third Party.

Illegal, Harmful, or Hateful Activities or Content

Do not access or use FusionFlow Services directly or indirectly to, or in ways that exhibit:

Fraudulent or illegal activity: Violate or facilitate the violation of any applicable laws or regulations.

Violence: Threaten, plan, or otherwise facilitate violent activities intended to cause physical harm to people or property.

Exploitation of minors: Illegally exploit minors or their image, likeness, or recordings.

Doxing: Harvest, collect, or share personal information without consent, exposing individuals to harassment, identity theft, or other harm.

Hateful content: Harass, intimidate, abuse, or discriminate based on race, ethnicity, national origin, sexual orientation, gender identity, religious affiliation, age, disability, or immigration status.

Promotion of Hateful Content

You may not use FusionFlow Services if you or your organization publicly advocate, sponsor, or practice discrimination, harassment, or violence towards people based on race, ethnicity, national origin, sexual orientation, gender identity, religious affiliation, age, disability, or immigration status.

Violation of This Policy

If you are using FusionFlow Services in violation of our Acceptable Use Policy, we may investigate and take action.

Each situation is unique, and we review violations of this policy on a case-by-case basis. In some cases, we may contact you and request that you correct the violation. In others, we may temporarily or permanently suspend or terminate your FusionFlow account, with or without notice.

Definitions Used in This Policy

FusionFlow: Refers to FusionFlow Inc. and its affiliated entities.

Services: Refers to the FusionFlow cloud-based products, including the FusionFlow integration platform, APIs, applications, and related services.

Third Party: Refers to FusionFlow customers, developers, experts, integration partners, and service providers.

Modifications to Acceptable Use Policy

We may modify the FusionFlow Acceptable Use Policy to reorganize and simplify its content. By continuing to use FusionFlow Services after the Effective Date noted above, you agree to this Acceptable Use Policy. If you do not agree with these modifications, your sole remedy is to stop using FusionFlow Services immediately.

This policy may change over time, so please check back regularly for updates and changes.

If you have any questions, please contact us at legal@fusionflow.com.

FusionFlow Terms and Conditions

1. Introduction

Welcome to FusionFlow ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Definitions

"Acceptable Use Policy" means FusionFlow’s Acceptable Use Policy, which is incorporated into these Terms.

"Account Information" means information about your FusionFlow account and information that you and your users provide to FusionFlow in connection with (i) the creation or administration of your FusionFlow account; or (ii) FusionFlow’s maintenance of your FusionFlow account or the Service. For example, Account Information includes names, usernames, passwords, email addresses, and billing information.

" Affiliate " means an entity controlled, controlling, or under common control with a party, where control means at least 50% ownership or power to direct an entity’s management.

"Beta Release" means any alpha, beta, developmental, test, experimental, preview, or early-access releases of the Service or other FusionFlow products or services. Any of the preceding terms on a feature, product, or program is notice of Beta Release status.

"Customer Content" means any information, content, or materials that you submit through the Service to your FusionFlow Account, including from Third-Party Services.

"DPA" means FusionFlow’s Data Processing Addendum for processing Personal Information (as defined in the DPA).

"Documentation" means FusionFlow-provided user documentation relating to the Service found in our help center, as may be updated by FusionFlow from time to time. Documentation does not include any content published on any other site, community, or page.

"Excluded Claims" means (i) any amounts owed by you under Fees; (ii) your indemnification obligations in these Terms or your breach of Section 3; and (iii) any claims that may not be capped or limited under applicable law.

" Feedback " means feedback, comments, ideas, proposals, and suggestions for improvements, along with associated context, whether regarding the Service, a Beta Release, or any other products, services, or business of FusionFlow.

“Fees" mean the fees applicable to your use of the Service in accordance with the applicable package as included in our pricing notice included in the Service or on FusionFlow’s website or, if applicable, as set forth in a FusionFlow order form.

"FusionFlow Account" means the account on the Service you register and open in order to access and use the Service.

“FusionFlow AI Functions” mean products or features of the Service that utilize artificial intelligence, machine learning, or similar technologies.

"High-Risk Activities" means activities where use or failure of the Service could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.

"Sensitive Personal Data" means (i) patient, medical, or other protected health information, including those regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (ii) credit, debit, bank account or other financial account numbers; (iii) social security numbers, driver’s license numbers, or other government ID numbers; and (iv) special categories of personal data enumerated in the European Union General Data Protection Regulations ("GDPR").

"Services" encompass all products, services, applications, and websites provided by FusionFlow.

"Subscription Term" means the period during which you have agreed to subscribe to the Service.

"Supplemental Terms" mean any additional terms presented to you at the time you sign up for or first access a Beta Release.

“Taxes” means any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to the Service, whether domestic or foreign.

"Third-Party Login" means your login credentials from a supported third-party site or product which are integrated to allow you to access your FusionFlow Account.

"Third-Party Services" means any third-party service, connection, site, platform, application, software, or integration that interoperates with the Service.

"Usage Information" means analytics data, including metadata, relating to the provision, use, and performance of various aspects of the Service, Third-Party Services integrations, and related systems and technologies, including information concerning your use of the various features and functionality of the Service and your FusionFlow Account and analytics derived therefrom, and configuration data, including field mapping/naming, actions, steps, and structures of products and functionalities.

"User," "you," or "your" refers to any individual or entity accessing or using our Services.

3. Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services.

By using our Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms.

4. Account Registration and Security

Account Creation: To access certain features of our Services, you may be required to create an account by providing accurate and complete information.

Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account or any other security breaches.

Account Information: You agree to keep your account information accurate and up to date at all times.

Credentials: To set up and use your FusionFlow Account, you may either (i) create a user ID and password to access your account; or (ii) use Third-Party Login credentials from a supported third-party site. You are responsible for maintaining the confidentiality of your FusionFlow Account credentials. You agree to immediately notify FusionFlow of any suspected or actual unauthorized use of your FusionFlow Account. You agree that you will be responsible and liable for all uses of the Service under your FusionFlow Account, including without limitation, compliance with all applicable laws, regulations, and third-party terms. You further agree that FusionFlow will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your FusionFlow Account or your Third-Party Login credentials.

5. Services Description

Data Warehousing: FusionFlow provides a comprehensive Data Warehouse as a Service (DWaaS) platform that allows users to connect, transform, and analyze various data sources seamlessly.

FusionFlow AI agent: Our AI-powered tools assist users in data modeling, report generation, and insights extraction without the need for extensive coding knowledge.

Integration: The platform supports integration with multiple third-party services and applications to enhance data processing and analytics capabilities.

Deployment: Services are deployed securely within your Microsoft Azure account, ensuring data control and compliance with industry standards.

6. User Obligations

Compliance: You agree to use our Services in compliance with all applicable laws, regulations, and these Terms.

Prohibited Activities: You shall not:

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) sell, sublicense, distribute, transfer, or rent the Service (in whole or part), grant non-users access to the Service or use the Service to provide a hosted or managed service to others.

(ii) reverse engineer, decompile or seek to access the source code of the Service, except to the extent these restrictions are prohibited by law and then only upon advance notice to FusionFlow.

(iii) copy, modify, create derivative works of or remove proprietary notices from the Service.

(iv) conduct security or vulnerability tests of the Service, interfere with its operation or circumvent its access restrictions.

(v) use the Service to develop a product or Service competitive to FusionFlow.

(vi) otherwise use the Service outside of the scope of the rights expressly granted herein.

Upload or transmit any viruses, malware, or other harmful code.
Content Responsibility: You are solely responsible for all data and content you upload, store, or process through our Services and must ensure that you have all necessary rights and permissions to do so.
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.

7. Payment and Fees

Subscription Plans: Access to certain features of our Services require payment of subscription fees as outlined in the applicable service contract. Your Subscription Term begins once you register for your FusionFlow Account and is the billing cycle that you selected for your FusionFlow Account, or if purchasing the Service by a FusionFlow contract, then the Subscription Term listed on your contract.

Auto-Renewal: UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION AT LEAST 60 DAYS PRIOR TO YOUR RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN (OR IF NO LONGER AVAILABLE, A SUCCESSOR PLAN) AND FOR A PERIOD EQUAL TO YOUR THEN-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.

Plan Changes, Cancellation, and Termination by You: You can upgrade your plan, cancel your renewal, or delete your FusionFlow Account by following the steps outlined here:

Send an email to: Support@fusionflow.ai

For the avoidance of doubt, the following do not constitute cancellation of a paid plan or termination of your FusionFlow Account:

(i) chat, or phone request to cancel your FusionFlow Account

(ii) revoking or suspending any form of payment put on record with FusionFlow to pay your FusionFlow Account Fees

(iii) any cancellation or termination confirmation from a party other than FusionFlow.
Termination and Suspension by FusionFlow: We reserve the right to terminate or suspend your FusionFlow Account and/or our Service to you at any time and for any reason upon notice to you. If we terminate or suspend your FusionFlow Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your FusionFlow Account for cause, including (without limitation) for a violation of these Terms or the Acceptable Use Policy.
Billing: Fees will be billed in accordance with the agreed-upon billing cycle. You authorize FusionFlow to charge your provided payment method for all applicable fees.
Fees: Some Service features may only be accessed and used after payment of applicable Fees. Except as expressly stated in these Terms or as required by applicable law, Fees paid are non-refundable, and payment obligations are non-cancelable. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING A FREE TRIAL OR WORKSHOP PERIOD IS PROVIDED "AS-IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES.

Taxes: All fees are exclusive of applicable taxes, and you are responsible for paying any such taxes.

Late Payments: Late payments may incur interest charges and could result in suspension or termination of Services.

Refunds: Fees are non-refundable unless otherwise specified in a separate agreement.

8. Intellectual Property Rights

Ownership: FusionFlow retains all rights, title, and interest in and to the Services, including all related intellectual property rights.

License: Subject to these Terms, FusionFlow grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your internal business purposes.

User Feedback: Any feedback, suggestions, or ideas you provide regarding our Services may be used by FusionFlow without any obligation to you, and you hereby assign any rights in such feedback to FusionFlow.

Third-Party Content: The Services may include content provided by third parties. All such content is the responsibility of the party that provides it.

Trademarks: FUSIONFLOW, FUSIONFLOW AI SUITE, FUSIONFLOW AI AGENT, FUSIONFLOW VIZUALIZATION PLATFORM, the FUSIONFLOW logo, and all FusionFlow product names are trademarks and/or service marks of FusionFlow and third-party logos and product names are trademarks and/or service marks of third parties. Nothing in these Terms shall be construed as granting any license or right to use any FusionFlow or third-party trademark without the applicable prior written consent of FusionFlow or the owner of the third-party trademark. You hereby grant FusionFlow the right to identify you as a customer of FusionFlow and to use your logos and/or trademarks for that purpose.

9. Confidentiality

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.

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.

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.

10. Data Privacy and Security

Data Protection: FusionFlow is committed to protecting your data and complies with applicable data protection and privacy laws.

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

Data Ownership: You retain all rights and ownership of your data. FusionFlow does not claim any ownership over your data; we only process your data as necessary to provide our Services.

Your Compliance Obligations: You are 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.

(ii) Customer Content, and its transmission, processing, storage, and use as you authorize in these Terms or through your FusionFlow Account will not violate any laws or regulations, these Terms, or the terms of any applicable Third-Party Service.

Security Measures: We have implemented and maintain physical, technical, and administrative security measures designed to protect the Service and Customer Content from unauthorized access, destruction, use, modification, or disclosure. These security measures are further described in the Annex to the DPA.

Data Breach Notification: In the event of a data breach affecting your data, we will notify you without undue delay and provide relevant information as required by applicable law.

GDPR Compliance: FusionFlow complies with the General Data Protection Regulation (GDPR) concerning the processing of personal data. However, since the data is stored on your IT infrastructure, it is your responsibility to ensure compliance with GDPR rules and regulations in relation to the data you store, process, and manage using our Services.

11. Warranties and Disclaimers

Service Warranty: FusionFlow endeavors to provide reliable and high-quality Services but does not warrant that the Services will be uninterrupted, error-free, or completely secure.

Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FUSIONFLOW MAKES NO WARRANTY THAT THE SERVICE IS COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, FUSIONFLOW 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. FUSIONFLOW 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 IN THE SERVICE. FUSIONFLOW 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.
Third-Party Services: FusionFlow is not responsible for any third-party services or content accessed through our Services. Use of such third-party services is subject to their respective terms and conditions.
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 that connect back to the Service. FusionFlow 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 FusionFlow 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. If you choose to grant a Third-Party Service any access to your FusionFlow Account, you are solely responsible for that Third-Party Service having access to your data, including Customer Content, and connections contained therein, and for any/all actions that the Third-Party Service may take on behalf of your FusionFlow Account or Customer Content. Your use of any Third-Party Service is subject to the terms applicable to such Third-Party Service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms or any terms applicable to such Third-Party Service.

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 FusionFlow 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 FusionFlow Account to one or more Third-Party Service(s) you’ve linked with your FusionFlow Account. We may also share your Customer Content with a specific Third-Party Service that you linked to your FusionFlow Account in order to prevent or resolve service, security, support, or technical issues related to that Third-Party Service.

12. Limitation of Liability

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 FUSIONFLOW, ANY FUSIONFLOW 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 FUSIONFLOW DURING YOUR CURRENT SUBSCRIPTION TERM.

b. The parties agree that the waivers and limitations specified in this Section 9 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.

13. Indemnification

You agree to indemnify, defend, and hold harmless FusionFlow, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

Your use or misuse of the Services.

Your violation of these Terms.

Your violation of any applicable laws or regulations.

Infringement by you or any third party using your account of any intellectual property or other rights of any person or entity.

Your Indemnification Obligations: You agree to defend FusionFlow, its affiliates, directors, officers, employees, and agents (“FusionFlow Indemnified Parties”) against any claim, demand, suit, or proceeding, hold harmless FusionFlow Indemnified Parties, and indemnify FusionFlow Indemnified Parties from and against any and all loss, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your violation or alleged violation of these Terms, or (ii) your Customer Content, or your use of Customer Content with the Service.

14. Term and Termination

Term: These Terms are effective upon your acceptance and continue until terminated as provided herein.

Termination by User: You may terminate your account and cease using the Services at any time by providing written notice to FusionFlow.

Termination by FusionFlow: We may suspend or terminate your access to the Services immediately and without notice if you violate these Terms or engage in any conduct that we deem harmful to our interests or other users.

Effects of Termination:

Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

You must cease all use of the Services and destroy any copies of related documentation.

Any outstanding fees and charges will become immediately due and payable.

Survival: Provisions relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and other provisions which by their nature should survive termination shall survive.

15. Modifications to Services and Terms

Changes to Services: FusionFlow reserves the right to modify, suspend, or discontinue any part of the Services at any time with or without notice.

Changes to Terms: We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of these Terms. Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Notice of Changes: For material changes to these Terms, we will provide you with appropriate notice, which may include posting a notice on our website or sending an email to the address associated with your account.

16. Governing Law and Dispute Resolution

Governing Law: These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

Dispute Resolution:

Negotiation: Parties shall first attempt to resolve any dispute informally through good faith negotiations.

Arbitration: If the dispute cannot be resolved through negotiation, it shall be finally settled by binding arbitration conducted in accordance with the rules of the: The Danish Institute of Arbitration, Midtermolen 1, 5th Floor, DK-2100 Copenhagen Ø, Denmark.

Class Action Waiver: All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters related to intellectual property or unauthorized access to the Services.

17. Additional Information about the Service

Administrative Controls: If your FusionFlow 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 FusionFlow Account, as described in the Documentation, particularly this article.

Location of the Service: FusionFlow 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.

FusionFlow Extended Team: The FusionFlow extended team, which includes our workforce and our affiliates' workforce (the "FusionFlow Extended Team"), may assist us in exercising our rights and performing our obligations under these Terms. The FusionFlow Extended Team does not include any Third-Party Services (defined in Section 6) or their personnel. We will be responsible for the FusionFlow Extended Team’s compliance with our obligations under these Terms.

FusionFlow AI Functions

From time to time, FusionFlow may include FusionFlow AI Functions as part of the Service. "Input" means all information that you submit to FusionFlow AI Functions. "Output" means information generated and returned by FusionFlow Al Functions based on the Input, provided, Output specifically excludes the Service, Third-Party Services, Documentation, and Usage Information. As between the parties and to the extent permitted by applicable law, Inputs and Outputs are deemed to be Customer Content. Other users providing similar Input to FusionFlow Al Functions may receive the same or similar Output.

YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH USING FUSIONFLOW AI FUNCTIONS IS AT YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENT FACT-CHECKING. DO NOT RELY ON DESIGNS, WORKFLOWS/PROCESSES, OR CODE IN OUTPUT WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. NO SUCH INFORMATION, SUGGESTIONS, OR OUTPUT OBTAINED BY YOU FROM FUSIONFLOW OR THROUGH FUSIONFLOW AI FUNCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

You may not use FusionFlow AI Functions or Output: (1) to develop foundation models or other large-scale models that compete with FusionFlow or FusionFlow AI Functions; (2) to mislead any person that Output from the Service was solely human-generated; (3) in a manner that violates any technical documentation, usage guidelines, or parameters; (4) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; or (5) in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.

Beta Release: FusionFlow may offer optional Beta Releases. FusionFlow may terminate or you may cease your use of Beta Releases at any time and for any reason. Beta Releases may be inoperable, incomplete, or include features never released. Notwithstanding anything else in these Terms, FusionFlow offers no warranty, indemnity, or support for Beta Releases. Information regarding a private Beta Release shared with you constitutes FusionFlow’s Confidential Information under Section 10 above. Certain Beta Releases may include Supplemental Terms which apply in addition to these Terms. In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms shall govern for that specific Beta Release.

18. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and FusionFlow regarding the use of the Services and supersede any prior agreements.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: The failure of FusionFlow to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from FusionFlow. FusionFlow may assign its rights and obligations without restriction.

Force Majeure: FusionFlow shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, or internet failures.

Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between you and FusionFlow.

19. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or our Services, please contact us at: legal@fusionflow.ai

Data Processing Addendum (DPA) for FusionFlow

This Data Processing Addendum (“DPA”) forms part of the Terms of Service or Enterprise Agreement (in either case, the “Agreement”) entered into between FusionFlow, Inc. (“FusionFlow”) and the Customer (as defined in the Agreement) that incorporates this DPA by reference. This DPA governs the processing of Personal Information by FusionFlow in providing the Service (as defined in the Agreement). This DPA does not apply to Personal Information once transferred from the Service to a Third-Party Service (as defined in the Agreement), as your agreement with that Third-Party Service will instead govern.

1. Definitions

1.1. “Applicable Data Protection Law” means applicable law governing the use of, access to, deletion of, or processing of Personal Information under this DPA, including, but not limited to, U.S. Data Protection Laws and European Data Protection Laws, together with any national or subordinate legislation and regulations implementing, in each case as amended, repealed, consolidated, or replaced from time to time.

1.2. “Controller,” “Processor,” “Data Subject,” and other relevant terms shall have the meaning given to them under Applicable Data Protection Law.

1.3. “European Data” means Personal Information that is subject to the protection of European Data Protection Laws.

1.4. “European Data Protection Laws” mean (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation) (“GDPR”); and (b) other data protection legislation applicable in the European Economic Area (EEA), Switzerland, and the United Kingdom.

1.5. “Personal Information” means (a) personal data or personal information (as defined under the Applicable Data Protection Law) that is subject to the Applicable Data Protection Law and (b) that is contained within Customer Content, for which you authorize FusionFlow to collect and process on your behalf in connection with FusionFlow’s provision of the Service under the Agreement.

1.6. “Security Incident” means a confirmed breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information processed by FusionFlow.

1.7. “Subprocessors” are third parties that FusionFlow engages to process Personal Information on its behalf in connection with the provision of the Service.

2. Processing of Personal Information

2.1. Scope and Role of the Parties. FusionFlow will process Personal Information in its capacity as a processor for the purposes of providing and supporting the Service, as specified in the Agreement.

2.2. Customer Responsibilities. The Customer is responsible for ensuring that the collection and processing of Personal Information complies with Applicable Data Protection Law, including obtaining necessary consents and providing appropriate notices to Data Subjects.

2.3. FusionFlow Services. FusionFlow provides integration capabilities with third-party applications via the Services, which allow actions or commands between these applications. The Customer is responsible for ensuring that they have the appropriate accounts and authentication credentials for these third-party applications. FusionFlow will store these credentials to maintain the integration but is not responsible for the data practices of the third-party applications.

3. Security

3.1. Technical and Organizational Measures. FusionFlow shall implement and maintain reasonable and appropriate technical and organizational measures designed to protect Personal Information against unauthorized or accidental access, loss, alteration, disclosure, or destruction. These measures include encryption, access controls, and incident response procedures.

3.2. Security Incident Notification. If FusionFlow becomes aware of a Security Incident, it will notify the Customer without undue delay, and no later than 48 hours after discovering the Security Incident.

4. Data Subject Rights

4.1. Assistance. FusionFlow will assist the Customer in responding to requests from Data Subjects to exercise their rights under Applicable Data Protection Law, such as rights of access, correction, or deletion.

5. Subprocessing

5.1. Subprocessors. FusionFlow may engage Subprocessors to process Personal Information on behalf of the Customer. FusionFlow will enter into an agreement with each Subprocessor imposing data processing and protection obligations substantially similar to those set out in this DPA.

5.2. Notification of Subprocessor Changes. FusionFlow will notify the Customer of any changes to its Subprocessors and provide the Customer with the right to object to such changes on reasonable grounds related to data protection.

6. International Data Transfers

6.1. Transfers Outside of the EEA. FusionFlow may transfer and process Personal Information to countries outside of the EEA. In such cases, FusionFlow will ensure that the transfer is made in compliance with Applicable Data Protection Law, including by implementing appropriate safeguards, such as Standard Contractual Clauses.

7. Data Retention and Deletion

7.1. Retention. FusionFlow will retain Personal Information only for as long as necessary to fulfill the purposes for which it was collected, or as required by Applicable Data Protection Law.

7.2. Deletion. Upon termination of the Agreement, FusionFlow will delete the Personal Information it processes on behalf of the Customer, unless applicable law requires otherwise.

8. Miscellaneous

8.1. Modification. FusionFlow may periodically update this DPA as required to comply with Applicable Data Protection Law.

8.2. Governing Law. This DPA shall be governed by and construed in accordance with the laws of the jurisdiction specified in the Agreement.

Schedule 1: List of Parties and Description of Transfer

Data Exporter: The Customer, as detailed in the communications between the parties.

Data Importer: FusionFlow, as detailed in the Agreement.

Categories of Data Subjects: Employees, contractors, customers, and other individuals as determined by the Customer.

Categories of Personal Data: Names, contact information, IP addresses, user identifiers, and other data as determined by the Customer.

Schedule 2: Technical and Organizational Measures

FusionFlow will maintain administrative, physical, and technical safeguards designed to protect the security and confidentiality of Personal Information, as further detailed in its internal policies and procedures.