Featureflow
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Terms of Service

Last revised: 11th of March 2021

At Featureflow we are very serious about providing a fantastic, highly responsive and highly available service to you and your business. Use of Featureflow, the SDK, the admin web site, software and any other services we offer ('Services') are subject to the following conditions Terms of Service ('Terms'), please read them carefully.

This terms of service agreement contains the terms of use between Featureflow Pty. Ltd. ('Featureflow') and the party agreeing to the terms of this agreement ('Customer').

By signing up, clicking accept, executing a form that references this agreement or by using or downloading the Featureflow service or software in any manner, you, or the customer agree to be bound by the terms of this agreement (together with all order forms, the 'Agreement'). You represent and warrant that you have the authority to enter into this agreement; if you are entering into this agreement on behalf of an organisation or entity, references to 'customer' and 'you' in this agreement refer to that organisation or entity.

1. Terms and Scope of Service

1.1 Terms of Service

Featureflow shall make the Featureflow Service available to the Customer and its Affiliates in accordance with this Agreement, and each order mutually entered into. Subject to the terms of this Agreement, Featureflow grants the Customer and its Affiliates a world-wide, fully-paid, royalty-free, limited term, non-sub-licensable, non-transferable, and non-exclusive license to access, use, and download (for the SDK or Featureflow software only) the Featureflow Service solely for internal business purposes only for the period specified in the service order.

1.2 Trial Usage

If the customer is making use of the service on a trial basis or a no-fee basis ('trial'), Customer acknowledges and agrees that the Trial is provided on an "as-is" basis, and provided without any indemnification, support, or warranties or representation of any kind. Additionally the trial may be subject to additional limitations which may change at Featureflow's sole discretion.

2. Customer Responsibilities and Restrictions

2.1 Customer Equipment

The Customer is responsible for obtaining and maintaining any Customer Equipment and any ancillary services needed to connect to, access or otherwise use the Featureflow Service.

2.2 Law

Customer agrees to use the Featureflow Service in accordance with applicable law, and not: (a) resell, sublicense, lease, time-share or otherwise make the Featureflow Service available to any third party other than as contemplated or allowed by this Agreement; or (b) use the Featureflow Service to intentionally send or store infringing or unlawful material or material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

2.3 Usage

The Customer agrees to not (a) remove or otherwise any proprietary notices or labels from the Service; (b) modify, copy or create derivative works of the Featureflow Service; (c) reverse engineer the Featureflow Service; (d) access the Featureflow Service for the purpose of building a competitive product or service; (e) use the Featureflow Service, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without Featureflow's prior written consent; or (f) provide access to the Featureflow Service to a known direct competitor of Featureflow.

2.4 SDKs

The SDK's are subject to the licenses as indicated in the respective source code notices.

2.5 Service Suspension

This agreement and the service orders hereunder may be terminated: (a) by either party if the other has materially breached this agreement, within (5) business days after written notice of such a breach to the other party if the breach is remediable or immediately upon notice if the breach is not remediable; or (b) by Featureflow upon written notice to the customer. Featureflow reserves the right to throttle or suspend the service if Featureflow reasonably determines that the customer is using the service in excess of the volumes intended and agreed by Featureflow and the subscribed plan, or if usage overloads the service.

3. Ownership

3.1 Featureflow Rights

Featureflow shall retain all ownership rights, title and interest in and to the Featureflow Service and all and any other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other intellectual property related to the Featureflow Service.

3.2 Customer Rights

Customer shall have or retain all ownership rights in the Customer Data and all data, text, files, data, output, programs, files, information, or other information material that Customer or its Affiliates provides, develops, generates, creates, makes available or uses in conjunction with the Featureflow Service.

4. Fees

4.1 Fees

Unless otherwise specified on an Order Form, the Fees (if any) shall be as stated in each Order and shall be payable in advance.

4.2 Due Dates

For payments made by credit card, Customer's credit card will be charged at the time the Order Form is placed and thereafter, at the frequency listed in the Order Form. For all other payment methods, fees shall be due and payable within thirty (30) days of receipt of invoice.

5. Confidentiality

Receiving Party shall not disclose any Confidential Information of Disclosing Party for any purpose outside the scope of this Agreement, except as allowed by the terms of this Agreement or with Disclosing Party's prior written consent. Receiving Party shall protect the confidentiality of Disclosing Party's Confidential Information in the same manner that it protects the confidentiality of its own Confidential Information of like kind.

6. Limitation of Liability

IN NO EVENT SHALL FEATUREFLOW BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. FEATUREFLOW'S LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE SERVICE ORDER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.

7. Term and Termination

The term of this Agreement commences on the Effective Date and continues until all Order Forms entered into under this Agreement have expired or been terminated unless terminated earlier. This Agreement may be terminated: (a) by either party if the other has materially breached this Agreement, upon thirty (30) calendar days written notice; or (b) by Featureflow upon written notice to Customer in certain circumstances.

8. Acceptable Usage Policy

In order to guarantee quality of service, acceptable usage limits exist on all plans unless otherwise agreed. Limits include a cap on impressions, unique users, application features, environments and projects. Featureflow will notify if accounts have exceeded acceptable use limits and will allow the client 15 days to remedy the situation.

Service Level Agreement (SLA)

For paid Featureflow accounts, Featureflow will make commercially reasonable efforts to make the Service available to Customer at least 99.9% of the time during each month during the subscription period, excluding downtime attributable to any scheduled maintenance.

EU Data Rights

If you are located in the European Union, you are entitled to the following rights with regard to your personal information and data:

  • Right of access to your personal data
  • Right to correct any incorrect or incomplete personal data
  • Right to restrict/suspend our processing of your personal data
  • Right to complain to a supervisory authority
  • Right of data portability
  • Right to withdraw consent at any time
  • Right to object to processing
  • Right of erasure ("right to be forgotten")