Terms of Service

1. Definitions

• • "Service" refers to the Workflow and SOP Documentation Tool provided by WorkFlawless.
• • "User" refers to any individual or entity using the Service.
• • "Content" refers to workflows, SOPs, data, text, files, or other materials uploaded, stored, or shared using the Service.
• • "Company" refers to WorkFlawless.
• • "Workflow" refers to any documented process, procedure, or sequence of steps created using the Service.
• • "SOP" (Standard Operating Procedure) refers to a set of step-by-step instructions compiled by an organization to help workers carry out routine operations.
• • "Documentation" refers to any written information, including but not limited to Workflows, SOPs, policies, guidelines, and reference materials created or stored using the Service.
• • "Administrator" refers to a User with privileged access rights to manage other Users, Content, and Service settings within an organization's account.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and any additional terms and policies referenced within. We reserve the right to modify or update the Terms at any time, and continued use of the Service constitutes acceptance of such changes.

3. Eligibility

To use the Service, you must be at least 18 years old or have reached the legal age of majority in your jurisdiction. By using the Service, you represent that you meet these eligibility requirements.

4. Account Registration

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. License

Upon purchasing a paid plan, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

6. User Responsibilities

• • Compliance: You agree to use the Service in compliance with all applicable laws and regulations.
• • Content ownership: By submitting Content to the Service, you grant the Company a worldwide, royalty-free, non-exclusive license to store, process, and display the Content as necessary to provide the Service.
• • Accuracy of Information: You are responsible for ensuring that the Content you upload is accurate, lawful, and does not violate third-party rights.

6.1. Documentation Responsibilities

• • Documentation Accuracy: You are responsible for the accuracy, completeness, and appropriateness of all workflows, SOPs, and other documentation created using the Service.
• • Regulatory Compliance: You are responsible for ensuring that your documentation complies with all industry-specific regulations, standards, and legal requirements applicable to your organization.
• • Content Updates: You are responsible for keeping your documentation current and updated to reflect changes in your organization's processes, procedures, or regulatory requirements.
• • Documentation Review: You are responsible for implementing appropriate review and approval processes for documentation within your organization.

7. Prohibited Uses

You agree not to:

• • Use the Service for any unlawful purposes or to promote illegal activities.
• • Upload or distribute any content that is defamatory, obscene, or otherwise objectionable.
• • Attempt to interfere with the proper functioning of the Service through hacking, reverse engineering, or introducing viruses or harmful code.
• • Use the Service to infringe on the intellectual property rights of others.

8. Service Availability

The Company strives to provide reliable service but makes no guarantees about uptime or availability. We may temporarily suspend the Service for maintenance or other reasons without prior notice.

8.1. Service Level Agreement (SLA)

• • Service Availability: We aim to maintain a monthly uptime percentage of at least 99.5%, excluding scheduled maintenance.
• • Scheduled Maintenance: Scheduled maintenance will be communicated at least 48 hours in advance whenever possible.
• • Service Credits: We do not provide service credits for downtime.
• • Usage Limits: The Company reserves the right to monitor usage patterns and impose usage limits to maintain service stability.

8.2. Support Services

• • Standard Support: Standard support services are included with paid subscriptions.
• • Support Hours: Support requests are handled during business hours (9:00 AM - 5:00 PM GST, Sunday-Thursday).
• • Response Times: Response times are not guaranteed but we strive to respond to all inquiries within 24 business hours.

8.3. Training and Onboarding

• • Self-Service Resources: The Company provides self-service documentation, video tutorials, and knowledge base articles to assist Users in learning the Service.
• • Onboarding Sessions: Depending on your subscription tier, you may be eligible for guided onboarding sessions with our customer success team.
• • Premium Training: Custom training sessions and workshops are available for additional fees and must be scheduled in advance.
• • Training Materials: All training materials provided by the Company are subject to our intellectual property rights and may only be used for internal training purposes.

9. Fees and Payments

Usage of the Service requires the payment of fees. You agree to pay all applicable fees and taxes associated with your use of the Service. The Company reserves the right to change its pricing and payment terms at its discretion with prior notice.

9.1. Subscription Terms

• • Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis depending on the plan selected.
• • Auto-Renewal: Subscriptions automatically renew for the same period unless the subscription is cancelled before the renewal date.
• • Price Changes: Price changes will be notified at least 30 days before taking effect and will apply at your next billing cycle.

9.2. Cancellation

• • Cancellation Process: You may cancel your subscription at any time through your account settings or by contacting support.
• • Access After Cancellation: Upon cancellation, you will retain access to the Service until the end of your current billing period.

10. Refund policy

The Service uses Paddle as a payment processor and reseller. In accordance with Paddle's policies, you may request a refund within 14 days of your initial purchase or subscription payment. Refund requests after this 14-day period will be considered at the Company's discretion. To request a refund, please contact our support team at [email protected] with your order details. Refunds will be processed through Paddle according to their standard procedures and timelines.

11. Termination

The Company reserves the right to suspend or terminate your access to the Service at any time, for any reason, including but not limited to breach of these Terms. Upon termination, you will lose access to your account and any Content stored within the Service.

11.1. Data Export and Deletion

• • Export Rights: You may export your Content from the Service using our export tools, subject to technical limitations.
• • Data Retention Period: Upon termination of your account, we will retain your Content for 30 days, during which you may request an export. After this period, we may delete your Content without notice.
• • Information Retention: We may retain certain information as required by law or for legitimate business purposes, as outlined in our Privacy Policy.
• • Backups: You acknowledge that deleted Content may persist in backups for a reasonable period but will not be available for recovery.

11.2. Documentation Retention

• • Retention Requirements: You are responsible for determining the appropriate retention periods for your Documentation based on your organizational needs and applicable regulations.
• • Version History: The Service maintains version history for Documentation according to your subscription tier limits. Once these limits are reached, older versions may be automatically deleted.
• • Compliance Exports: For regulatory compliance purposes, you may need to periodically export and preserve Documentation in formats acceptable to relevant regulatory bodies.

12. Intellectual Property

All content, trademarks, and other intellectual property associated with the Service, except for User-generated Content, are owned by the Company or its licensors. You may not reproduce, distribute, or create derivative works of the Service without written permission from the Company.

12.1. Documentation Ownership and Rights

• • Content Ownership: You retain all ownership rights to the Documentation you create using the Service. The Company does not claim ownership of your workflows, SOPs, or other Documentation.
• • License to Store and Process: You grant the Company a limited license to store, process, and display your Documentation solely for the purpose of providing the Service to you and authorized users of your organization.
• • Template Rights: The Company provides various templates for workflows and SOPs. These templates are owned by the Company, but any customizations or modifications you make to these templates become your property.
• • Shared Documentation: When you share Documentation with other users, you retain ownership but grant those users rights to access and potentially edit the Documentation according to the permissions you set.

13. Third-Party Integrations

The Service may integrate with third-party tools or services (e.g. payment processors). Your use of such third-party services is governed by their respective terms and conditions, and the Company is not liable for any actions or policies of these third parties.

13.1. API Usage

• • API License: If the Service includes API access, the Company grants you a limited, non-exclusive license to use our API solely for integrating with the Service as permitted by these Terms.
• • Competitive Use: You may not use the API to develop a competing product or service.
• • Usage Limits: The Company reserves the right to set and enforce usage limits on API calls.
• • API Changes: We may modify, deprecate, or discontinue any API features with reasonable notice.

14. Privacy Policy

The Company's 's Privacy Policy governs the collection, use, and storage of your personal information. By using the Service, you consent to the practices outlined in our Privacy Policy.

14.1. Data Security and Protection

• • Security Measures: The Company implements reasonable security measures to protect your Content and personal information from unauthorized access, disclosure, alteration, and destruction.
• • Security Limitations: While we maintain industry-standard security practices, no method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security of your data.
• • Risk Acknowledgment: You acknowledge that you provide your Content and personal information at your own risk.
• • Data Breach Notification: In the event of a data breach affecting your personal information, we will notify you in accordance with applicable laws.

14.2. International Users and Data Transfer

• • Cross-Border Data Transfers: By using the Service, you consent to the transfer of your personal information and Content to the United Arab Emirates and other countries where the Company and its service providers operate.
• • Transfer Safeguards: We comply with applicable laws regarding international data transfers, including implementing appropriate safeguards when transferring data from the European Economic Area, United Kingdom, or Switzerland.
• • Local Law Compliance: You are responsible for complying with local laws applicable to your use of the Service.
• • Regional Restrictions: The Company reserves the right to limit Service availability in certain regions.

15. Confidentiality

You agree to maintain the confidentiality of sensitive business information and data you access through the Service. You must not share or distribute any confidential information without proper authorization.

15.1. Content Backup

• • Backup Responsibility: You are responsible for maintaining your own backups of any Content uploaded to the Service.
• • No Data Guarantees: The Company does not guarantee the preservation of your Content and is not liable for any loss or corruption of Content.

15.2. User Content and Moderation

• • Content Review: We reserve the right to review any Content uploaded to the Service and remove Content that violates these Terms or applicable laws.
• • Account Actions: We may suspend or terminate accounts that repeatedly violate these Terms or upload prohibited Content.
• • Monitoring Limitations: We do not actively monitor all Content but rely on user reports and automated systems to identify violations.

15.3. Collaborative Features

• • Shared Content: The Service provides features that allow you to collaborate with other users on Documentation. When you share Content with other users, you remain responsible for that Content.
• • Access Controls: You are responsible for managing access controls and permissions for shared Content, including restricting access when users leave your organization.
• • Collaboration Audit: The Service maintains logs of user actions to provide accountability in collaborative environments. These logs are only accessible to authorized Administrators.
• • Comment Etiquette: When using commenting and feedback features, you agree to provide constructive feedback and avoid abusive, harassing, or inappropriate comments.

16. Disclaimers

The Service is provided "as is" without warranties of any kind. The Company disclaims any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service, including but not limited to loss of data, business interruption, or any other damages or losses.

18. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service or your violation of these Terms.

18.1. Force Majeure

• • Force Majeure Events: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: natural disasters or acts of God; pandemic or epidemic; acts of government or regulatory bodies; terrorist acts, war, or civil unrest; power outages or telecommunications failures; cyberattacks or other malicious acts by third parties; failures of third-party service providers.
• • Performance Resumption: The affected party shall resume performance as soon as reasonably possible after the force majeure event subsides.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates. Any legal action arising out of or related to these Terms or the Service will be brought exclusively in the courts located in the United Arab Emirates.

19.2. Class Action Waiver

• • Individual Resolution: You agree to resolve disputes with the Company only on an individual basis and waive any right to bring or participate in any class, consolidated, or representative action.
• • Waiver Effects: If this class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.

20. Changes to the Terms

The Company reserves the right to modify or update these Terms at any time. If changes are made, a notice will be posted, and the updated Terms will take effect immediately upon posting. Continued use of the Service following such changes constitutes your acceptance of the updated Terms.

20.1. Notifications and Communications

• • Electronic Communications: By using the Service, you consent to receive communications from us electronically, including emails, in-app notifications, and notices posted on the Service.
• • Important Notices: Important notices regarding changes to these Terms or the Service will be sent to the email address associated with your account.
• • Contact Information: You agree to keep your contact information current and check notifications regularly.

20.2. Severability and Waiver

• • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• • Modification: The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
• • Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• • No Continuing Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

20.3. Assignment

• • Company Assignment: The Company may assign or transfer these Terms or any rights hereunder without your consent.
• • User Assignment: You may not assign or transfer these Terms or any rights hereunder without the prior written consent of the Company.

20.4. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions provided by the Company, constitute the entire agreement between you and the Company regarding the Service. These Terms supersede all prior agreements, representations, and understandings between you and the Company regarding the Service.

21. GDPR Compliance

For users in the European Economic Area (EEA), the following provisions apply:

• • Legal Basis: We process your personal data based on your consent, contract performance, legal obligations, or our legitimate interests as detailed in our Privacy Policy.
• • Data Subject Rights: You have the right to access, rectify, delete, restrict processing, object to processing, and port your personal data, as well as the right to withdraw consent.
• • Data Controller: WorkFlawless acts as the data controller for personal data collected through the Service.
• • Data Protection Officer: To exercise your rights or for any data protection inquiries, contact our Data Protection Officer at [email protected].
• • Supervisory Authority: You have the right to lodge a complaint with your local data protection authority.

22. Documentation Standards and Compliance

• • Industry Standards: The Service is designed to help create documentation that can align with various industry standards, but you remain responsible for ensuring your documentation meets all applicable standards in your industry.
• • Regulatory Compliance: While the Service offers features to assist with compliance documentation, you are solely responsible for ensuring your documentation complies with all regulatory requirements applicable to your organization.
• • Audit Support: The Service provides features to support documentation audits, including version history, approval workflows, and audit logs. However, the Company does not guarantee that these features alone will satisfy all audit requirements in all industries.
• • Legal Advice: The Company does not provide legal advice regarding documentation compliance. You should consult with legal professionals to ensure your documentation meets all applicable legal requirements.

23. Workflow and SOP Features

• • Workflow Templates: The Service provides pre-built workflow templates as a starting point. These templates are provided "as is" without any warranty regarding their suitability for your specific needs or compliance with industry standards.
• • SOP Best Practices: While the Service incorporates SOP best practices in its design, you are responsible for adapting these practices to your specific organizational needs.
• • Process Visualization: The Service offers various visualization tools for workflows and processes. These visualizations are intended as aids to understanding and do not replace clear written documentation.
• • Import/Export: The Service allows for the import and export of workflows and SOPs in various formats. While we strive for compatibility with common formats, we do not guarantee perfect fidelity when importing from or exporting to third-party formats.

24. Document Approval and Control

• • Approval Workflows: The Service provides tools for document approval workflows. You are responsible for configuring these workflows appropriately for your organizational needs.
• • Electronic Signatures: Where available, electronic signature features are designed to help with document authentication but may not meet all legal requirements for electronic signatures in all jurisdictions.
• • Version Control: The Service maintains version history of documents according to your subscription limits. You are responsible for implementing appropriate version control practices within your organization.
• • Document Distribution: The Service provides tools for controlled document distribution. You are responsible for ensuring appropriate access controls and distribution protocols within your organization.

25. Contact Information

If you have any questions about these Terms or the Service, please contact us at [email protected].

By using the Company's Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.