Terms of Service

Agreeing to these terms

By accessing or using the Service, or by creating an account, you agree to be bound by these Terms and acknowledge our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organisation, you agree to these Terms for that organisation and confirm that you have authority to bind it. In that case, “you” refers to both you and that organisation.

Who can use Flow Charter

You must be at least 13 years old to use the Service, or older if the law of your country requires a higher age to consent to the processing of personal information. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or guardian who agrees to these Terms. You may not use the Service if you are barred from doing so under applicable law, or if we have previously suspended or terminated your access.

Your account

Many features work without an account. Others, such as exporting and the chart library, require one. When you create an account, you agree to give accurate information and to keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us immediately at support@flowcharter.io if you suspect unauthorised use. We are not liable for any loss caused by someone else using your account, whether or not you knew about it.

The Service

• Changes. We are constantly improving the Service and may add, change, limit or remove features at any time, with or without notice, including features that are labelled beta or experimental.
• Usage limits. We may set limits on the Service, such as the number, size or type of files you can upload, or how often you can use the Assistant.
• Availability. We do not promise that the Service will always be available, uninterrupted or error-free. It may be unavailable for maintenance, updates or reasons beyond our control.
• Browser storage. When you are signed out, your board is stored only in your browser. It can be lost if you clear your browser data, use private browsing, or switch devices or browsers. We cannot recover it.
• Backups are your responsibility. You are responsible for keeping your own copies of anything important to you. You can export your charts at any time.

Your content

“Your Content” means anything you create, upload, submit or store through the Service, including your charts, the files and instructions you send to the Assistant, and the output the Assistant produces for you.

You own your content

As between you and us, you keep all rights you have in Your Content. These Terms do not transfer ownership of it to us.

The permissions you give us

You grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) licence to host, store, copy, process, transmit, display, adapt and create derivative works of Your Content, for these purposes:

1. to operate and provide the Service to you, including sending your content to our AI provider when you use the Assistant;
2. to keep the Service secure and to enforce these Terms; and
3. for files, instructions and output you send to or receive from the Assistant, to analyse, evaluate, test, debug and improve the Service and develop new features, which may include training or fine-tuning machine-learning models, as described in our Privacy Policy.

The licence in (1) and (2) ends when you delete Your Content or your account, except for copies kept in backups for a limited time or as required by law. To the extent permitted by law, the licence in (3) continues for content that has already been de-identified, aggregated, or incorporated into models, test sets or evaluations, where it cannot reasonably be removed. We do not sell Your Content, and we do not make it publicly available.

Your responsibilities

You are solely responsible for Your Content. You confirm that:

• you own Your Content or have all rights, licences, consents and permissions needed to upload it and to grant us the licence above;
• Your Content, and our use of it under these Terms, will not infringe or misappropriate anyone’s intellectual property, privacy, publicity or other rights, or breach any law, contract or confidentiality obligation; and
• if Your Content contains personal information about other people, you have a lawful basis and have given any notices needed for us to process it as described in our Privacy Policy.

Do not upload confidential or sensitive information, such as health or financial records, government identification numbers, passwords or credentials, trade secrets, or information covered by a confidentiality agreement. The Service is not designed to meet industry-specific requirements such as HIPAA, PCI DSS or FERPA, and you must not use it to process information subject to them.

We do not review Your Content before it is processed, but we may review, remove or refuse to process any content that we reasonably believe breaches these Terms or the law. We have no obligation to store, maintain or provide copies of Your Content, except as required by law.

AI features

• Output can be wrong. The Assistant uses artificial intelligence, which is probabilistic and can produce output that is inaccurate, incomplete, misleading or different from your source. It may misread handwriting, low-quality images or complex diagrams. Review all output carefully before relying on it or sharing it.
• Not professional advice. Output is not legal, medical, financial, engineering, safety, compliance or other professional advice. Do not rely on it for decisions where an error could cause harm, financial loss, or legal or regulatory consequences without independent verification.
• Output ownership. As between you and us, and to the extent we have any rights in it, we assign to you our rights in the output the Assistant produces for you. Output may not be unique: the Assistant may produce the same or similar output for other users, and they own theirs.
• Third-party AI provider. AI features are powered by third-party models, currently Google’s Gemini. By using them you also agree not to use them in a way that breaches the provider’s usage policies, including Google’s Generative AI Prohibited Use Policy.
• No competing models. You may not use the Service or its output to develop or train a model or product that competes with the Service.

Acceptable use

You agree not to, and not to help or allow anyone else to:

• break any applicable law or regulation, or use the Service for any unlawful, fraudulent or harmful purpose;
• upload or create content that infringes intellectual property or privacy rights, or that is defamatory, obscene, harassing, hateful, violent, sexually exploitative of minors, or otherwise objectionable;
• upload malware, or any code or file designed to damage, disrupt or gain unauthorised access to any system;
• probe, scan or test the vulnerability of the Service, or bypass any security, authentication, rate limit or usage limit, unless we have authorised it in writing;
• access the Service by automated means, such as bots, scrapers or crawlers, except for public search engine indexing in line with our robots.txt;
• overload, interfere with or disrupt the Service or the servers and networks that run it;
• copy, modify, decompile, disassemble or reverse engineer any part of the Service, except where the law expressly permits it despite this restriction;
• resell, sublicense, rent or commercially exploit the Service itself, as opposed to the charts you make with it, without our written permission;
• attempt to extract the Assistant’s instructions, prompts or underlying model behaviour, or manipulate it into producing prohibited content;
• impersonate any person or organisation, or misrepresent your affiliation with them; or
• use the Service to send spam or to collect information about other users.

Our intellectual property

The Service, including its software, design, text, graphics, templates and the Flow Charter name and logo, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Service. We reserve all rights not expressly granted to you.

Icons and logos. The Service includes icons from open-source libraries, which are provided under their own licences. Some icons depict third-party logos and trademarks, which belong to their respective owners. Their inclusion does not imply any endorsement by or affiliation with those owners, and we grant you no rights in them. You are responsible for making sure your use of any logo or trademark in your charts complies with the owner’s guidelines and the law.

Feedback

If you send us ideas, suggestions or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose, without any obligation or compensation to you. We are not required to use your feedback.

Third-party services

The Service relies on and may link to services operated by third parties, such as Google sign-in. We do not control those services and are not responsible for their content, policies or practices. Your use of them is governed by their own terms.

Fees

The Service is currently free to use. We may introduce paid plans or features in the future. If we do, we will tell you about the fees and any additional terms before you are charged, and you will not be charged unless you agree to pay.

Copyright complaints

We respect intellectual property rights. If you believe content processed through the Service infringes your copyright, send a notice to legal@flowcharter.io that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim is infringed;
3. identification of the material you claim is infringing, with enough information for us to locate it;
4. your name, address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf.

We may remove or disable access to allegedly infringing material, and we will terminate the accounts of repeat infringers in appropriate circumstances. If your content was removed and you believe that was a mistake, you may send us a counter-notice as provided by law.

Suspension and termination

You may stop using the Service at any time. To delete your account and its saved charts, contact us at support@flowcharter.io.

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we reasonably believe you have breached these Terms, if your use creates risk or possible legal exposure for us or others, if we are required to by law, or if we discontinue the Service. Where reasonable, we will give you notice and a chance to export your charts first.

When these Terms end, your right to use the Service stops immediately. Any provision of these Terms that by its nature should survive termination will survive, including the sections on Your Content (to the extent described there), Feedback, Disclaimers, Limitation of liability, Indemnification, and Governing law and disputes.

Disclaimers

To the fullest extent permitted by law, the Service, including all AI output, is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, that content will not be lost, or that any output will be accurate, complete or reliable. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

Limitation of liability

To the fullest extent permitted by law, in no event will Flow Charter, its affiliates, or their owners, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with these Terms or the Service, whether based on contract, tort (including negligence), strict liability or any other legal theory, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, and (b) one hundred US dollars (US$100).

These limits apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, or for fraud.

Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Flow Charter and its affiliates, and their owners, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with (a) Your Content, (b) your use or misuse of the Service, (c) your breach of these Terms, or (d) your violation of any law or the rights of any third party. We may assume the exclusive defence of any matter you must indemnify us for, and you agree to cooperate with our defence.

Governing law and disputes

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of [State / Country], without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before starting any formal proceeding, you agree to contact us at legal@flowcharter.io with a description of the dispute, and to try in good faith to resolve it informally for at least 30 days.

Courts. Subject to the next paragraph, the courts located in [City, State / Country] have exclusive jurisdiction over any dispute, and you and we submit to their personal jurisdiction. Either party may seek urgent injunctive relief in any court of competent jurisdiction.

Consumers. If you are a consumer living in the European Union, the United Kingdom or another country whose laws give you the right to do so, you may also bring proceedings in the courts of the country where you live, and you keep the protection of any mandatory consumer laws of that country. Nothing in these Terms affects your statutory rights as a consumer.

Individual claims. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arises, or it is permanently barred.

Changes to these terms

We may update these Terms from time to time. The “Last updated” date at the top shows when they last changed. If we make a material change, we will tell you at least 14 days before it takes effect, by email if you have an account or by a notice in the Service, unless the change is required by law or addresses a security or abuse issue, in which case it may take effect immediately. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree to them, you must stop using the Service.

General

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service, and replace any earlier agreements on the subject.
• Severability. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary, and the rest of the Terms will remain in full force.
• No waiver. Our failure to enforce any right or provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, including in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of third-party providers.
• Export controls and sanctions. You confirm that you are not located in, or a resident of, a country or region subject to comprehensive sanctions, and that you are not on any government list of restricted parties. You agree to comply with all applicable export control and sanctions laws.
• No third-party beneficiaries. These Terms do not give any rights to anyone other than you and us.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.
• Notices. We may send you notices by email to the address linked to your account, or by posting them in the Service. You can send notices to us at the address below.
• Language. These Terms are written in English. If we provide a translation and there is any conflict, the English version controls, to the extent permitted by law.
• Headings. Headings and the short version above are for convenience only and do not affect how these Terms are interpreted.

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