Terms and Conditions

Last Updated: December 12, 2024

Welcome to FlowScale AI (“FlowScale,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of FlowScale AI’s services, including our platform, applications, documentation, and associated features (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using our Services.

1. Definitions

• “User” or “You”: Any individual or entity accessing or using our Services.

• “Content”: Any data, workflows, nodes, configurations, private models, or other materials uploaded, created, or managed using our Services.

• “GPU Credits”: Compute resources provided through a third-party provider (Modal.com) for use within the FlowScale platform.

2. Eligibility and Acceptable Use

Eligibility

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

Prohibited Activities

You agree not to:

• Use the Services for any unlawful or unauthorized purposes, including but not limited to violating intellectual property rights, transmitting harmful code, or engaging in activities that disrupt the Services.

• Reverse-engineer, decompile, disassemble, or create derivative works based on our Services.

• Misrepresent your identity or affiliation with any person or entity.

3. Account Management

GitHub Authentication

To access our Services, you must log in using your GitHub account. By doing so, you authorize FlowScale to access certain information from your GitHub profile, such as your username, email address, and repositories, in accordance with our Privacy Policy.

Account Security

You are responsible for maintaining the confidentiality of your GitHub account credentials. Any activity conducted through your FlowScale account authenticated via GitHub is your responsibility.

Third-Party Integrations

Our Services integrate with trusted third-party platforms, including Modal.com, for GPU provisioning and private model storage. Modal.com provides infrastructure for compute tasks and secure storage volumes. While FlowScale ensures seamless integration and manages all data access and security, the availability and performance of these services may depend on Modal.com’s infrastructure reliability.

Account Termination

You may terminate your account at any time. FlowScale reserves the right to suspend or terminate your access to the Services for violations of these Terms or other policies.

4. Payment Terms

Subscription Fees

Access to certain features of our Services may require a subscription. Subscription plans include an allocation of GPU credits provided through Modal.com for compute operations. Additional GPU credits can be purchased as needed at the rates specified on our Pricing Page. GPU credits are non-refundable and cannot be carried over to subsequent billing cycles unless otherwise specified.

Billing and Payment

By subscribing, you agree to pay the applicable fees. Payments are processed through our authorized payment processors. You are responsible for providing accurate billing information.

Refunds

All fees are non-refundable unless otherwise specified in a separate agreement.

5. Intellectual Property Rights

Ownership

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

User Content

By submitting Content, including workflows and private models, through our Services, you retain full ownership of your intellectual property. FlowScale and its third-party infrastructure providers, including Modal.com, facilitate secure storage and compute services without claiming any ownership rights over your Content.

Feedback

Any feedback or suggestions you provide regarding our Services may be used by FlowScale without any obligation to you.

6. Data Privacy and Security

Privacy Policy

Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information.

Hosting Security

Our platform is hosted on Amazon Web Services (AWS), which adheres to globally recognized security certifications, including ISO 27001, PCI DSS, and HIPAA. Additionally, private models uploaded by users are stored on volumes provisioned through Modal.com, a trusted infrastructure provider. Modal.com provides secure and scalable storage, while FlowScale retains control over all encryption and access protocols.

7. Limitation of Liability

Disclaimer of Warranties

Our Services are provided "as is" without warranties of any kind, either express or implied. GPU compute and private model storage rely on resources provisioned through Modal.com, a highly reliable provider. However, FlowScale is not liable for rare disruptions in compute or storage services caused by external factors beyond our control.

Limitation of Damages

To the fullest extent permitted by law, FlowScale shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

Indemnification

You agree to indemnify and hold FlowScale harmless from any claims, losses, or damages arising from your violation of these Terms.

8. Compliance and Export Controls

Legal Compliance

You agree to comply with all applicable laws and regulations, including those of India, the United States, and your country of residence, in connection with your use of the Services.

Export Controls

FlowScale ensures that all GPU resources and private model storage provided through Modal.com comply with applicable U.S., Indian, and international export control regulations. You are responsible for ensuring that your use of these resources does not violate any such regulations.

9. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the Republic of India, without regard to its conflict of laws principles.

Arbitration

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of Bombay High Court, with the venue in Mumbai, Maharashtra.

10. Force Majeure

FlowScale shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, or internet disturbances.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

12. Contact Information

For any questions or concerns about these Terms, please contact us at:

• Email: hello@flowscale.ai

• Address: SOLUS Building, Office No. 1913, Thane 400607, Maharashtra, India

NOTE: FlowScale AI is a brand owned and operated by GETINSYNK TECH PVT LTD, with its registered office at SOLUS Building, Office No. 1913, Thane 400607, Maharashtra, India.