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Updated: September 23, 2025 

1. AGREEMENT AND ACCEPTANCE

This Terms of Service Agreement (“Agreement”) is entered into between you, whether as an individual or on behalf of an entity (“Customer,” “you,” or “your”), and FunFlow (“Company,” “we,” “us,” or “our”). By accessing, using, or registering for our Service, you acknowledge that you have read, understood, and agree to be legally bound by all terms and conditions contained herein. If you do not agree to these terms in their entirety, you must immediately cease all use of the Service. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have full legal authority to bind such entity to these terms.

2. SERVICE DESCRIPTION

FunFlow provides a Software-as-a-Service (“SaaS”) platform that delivers workflow management solutions, including but not limited to:

  • Customizable product configurations and data visualization
  • Processing status management and decision strategy tools
  • Task checklist functionality and workflow automation
  • Administrative controls and user management features

The Service is accessible via internet browsers and supported mobile applications, subject to the terms herein. Customer is solely responsible for obtaining and maintaining internet connectivity and compatible devices necessary to access the Service.

3. MODIFICATIONS TO TERMS

We reserve the right to modify, amend, or update these Terms of Service at our sole discretion. Material changes will be communicated to you via:

  • Email notification to your registered account
  • Prominent notice on our website at https://funflow.io
  • In-application notification upon next login

Continued use of the Service following notification of changes constitutes acceptance of the modified terms. If you object to any changes, your sole remedy is to discontinue use of the Service and terminate your account in accordance with Section 12.

4. ACCEPTABLE USE AND RESTRICTIONS

4.1 Permitted Use

You may use the Service solely for lawful business purposes in accordance with this Agreement and applicable laws.

4.2 Prohibited Activities

You shall not, and shall not permit any third party to:

  • Share, sublicense, or transfer access credentials or Service access to unauthorized parties
  • Engage in illegal activities including but not limited to fraud, money laundering, or violation of export control laws
  • Reverse engineer, decompile, or disassemble the Service or attempt to derive source code
  • Create competing products or services using our intellectual property, ideas, features, or functionality
  • Transmit malicious code including viruses, worms, or other harmful components
  • Violate third-party rights including intellectual property, privacy, or contractual rights
  • Engage in data mining or automated data collection without express written consent

4.3 Compliance Obligations

You warrant that your use of the Service complies with all applicable laws, regulations, and industry standards in your jurisdiction.

5. SUBSCRIPTION TERMS AND BILLING

5.1 Trial Period

New customers receive a thirty (30) days free trial with access to all basic features

5.2 Subscription Plans

Upon trial expiration, continued Service access requires a paid subscription:

  • Basic plan: $5 per user/month or $54 per user/year
  • Plus plan: $10 per user/month or $108 per user/year
  • Enterprise plan: $20 per user/month or $216 per user/year

5.3 Payment Terms

  • All fees are non-refundable except as expressly provided herein
  • Subscriptions auto-renew unless cancelled before the period end of the subscription
  • We reserve the right to modify pricing with sixty (60) days’ advance notice
  • Failure to pay may result in immediate Service suspension or termination

5.4 Taxes

Customer is responsible for all applicable taxes. If we are required to collect taxes, such amounts will be added to your invoice.

6. DATA OWNERSHIP AND PROCESSING

6.1 Customer Data Ownership

You retain all rights, title, and interest in your data (“Customer Data”). We claim no ownership rights in Customer Data and act solely as a data processor on your behalf.

6.2 Data Processing Authority

By using our Service, you authorize us to:

  • Process Customer Data to provide the Service
  • Store and backup data using industry-standard security measures
  • Access data solely for support, maintenance, and service improvement purposes

6.3 Data Backup and Recovery

We maintain automated backups through enterprise-grade cloud providers. However, we strongly recommend maintaining your own backup copies as we cannot guarantee against all data loss scenarios.

6.4 Data Retention and Deletion

Upon subscription termination:

  • We will provide Customer Data in portable format within thirty (30) days of written request
  • Data may be retained for up to ninety (90) days on backup systems for disaster recovery
  • Billing and legal compliance data may be retained as required by law

7. PRIVACY AND GDPR COMPLIANCE

7.1 Legal Basis for Processing

We process personal data based on the following lawful grounds under GDPR Article 6:

  • Contractual necessity – to perform our obligations under this Agreement
  • Legitimate interests – for service improvement, security, and business operations
  • Legal compliance – to meet regulatory and legal obligations
  • Consent – where explicitly provided for specific processing activities

7.2 Data Collection

We collect the following categories of personal data:

  • Account Information: Name, email address, phone number, billing details
  • Usage Data: IP addresses, browser information, feature usage, error logs, timestamps
  • Communications: Support interactions, feedback, and correspondence

7.3 Data Subject Rights

Under GDPR, you have the following rights regarding your personal data:

  • Right of Access (Article 15) – Request copies of your personal data
  • Right to Rectification (Article 16) – Correct inaccurate or incomplete data
  • Right to Erasure (Article 17) – Request deletion (“right to be forgotten”)
  • Right to Restrict Processing (Article 18) – Limit how we process your data
  • Right to Data Portability (Article 20) – Receive your data in machine-readable format
  • Right to Object (Article 21) – Object to processing based on legitimate interests
  • Rights Related to Automated Decision-Making (Article 22) – Protection from solely automated decisions

To exercise these rights, contact our Data Protection Officer at [email protected]

7.4 International Data Transfers

Customer Data is hosted in Vietnam with appropriate GDPR safeguards including:

  • Standard Contractual Clauses (SCCs) approved by the European Commission
  • Adequacy decisions where applicable
  • Additional safeguards as required by law

7.5 Data Protection Officer

We have appointed a Data Protection Officer responsible for GDPR compliance:

7.6 Cookie Policy

We use essential and analytics cookies to provide and improve our Service. You may manage cookie preferences through your browser settings. Our cookie banner allows granular consent management for non-essential cookies.

8. CONFIDENTIALITY

8.1 Mutual Confidentiality

Each party acknowledges that it may receive confidential information from the other party. Confidential Information includes:

  • Customer: All Customer Data and business information
  • FunFlow: Service architecture, algorithms, and proprietary technology (excluding Customer Data)

8.2 Confidentiality Obligations

The receiving party shall:

  • Maintain confidentiality using reasonable care (no less than used for own confidential information)
  • Limit access to employees and contractors with legitimate need-to-know
  • Not disclose without prior written consent, except as required by law
  • Promptly notify the disclosing party of any unauthorized disclosure

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Service IP Rights

We retain all rights, title, and interest in the Service, including all intellectual property rights therein. No rights are granted except the limited license to use the Service as set forth herein.

9.2 Customer IP Rights

You retain all intellectual property rights in Customer Data. You grant us a limited license to use Customer Data solely to provide the Service.

9.3 Feedback License

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation.

10. WARRANTIES AND DISCLAIMERS                        

10.1 Service Level Agreement

We warrant 98-99.8% uptime (depending on subscription tier) measured monthly, excluding scheduled maintenance. Failure to meet SLA results in service credits as detailed in our SLA documentation.

10.2 Indemnification

We will defend and indemnify you against third-party claims that our Service infringes valid intellectual property rights, provided you:

  • Promptly notify us of any claim
  • Grant us sole control of defense and settlement
  • Provide reasonable cooperation

10.3 Disclaimers

We disclaim all warranties, express or implied, including:

  • Merchantability and fitness for a particular purpose
  • Non-infringement and quiet enjoyment
  • Error-free or uninterrupted operation
  • Accuracy or completeness of results

11. LIMITATION OF LIABILITY

11.1 Excluded Damages

We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation:

  • Loss of profits, revenue, or business opportunities
  • Business interruption or loss of business information
  • Data corruption or loss (beyond our backup obligations)
  • Third-party claims or regulatory fines

11.2 Damages Cap

Our total liability for any claims arising from or related to this Agreement shall not exceed the fees paid by you in the three (3) months immediately preceding the event giving rise to liability.

11.3 Essential Purpose

These limitations are essential elements of the bargain and shall apply even if remedies fail of their essential purpose.

12. TERMINATION

12.1 Termination Rights

Either party may terminate this Agreement:

  • For convenience with thirty (30) days’ written notice
  • For material breach immediately upon written notice if breach remains uncured after ten (10) days
  • For insolvency immediately upon notice

12.2 Effect of Termination

Upon termination:

  • Your access rights immediately cease
  • Outstanding fees become immediately due
  • Data retention provisions in Section 6.4 apply
  • Confidentiality obligations survive indefinitely

13. GENERAL PROVISIONS

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Vietnam, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration under Arbitration Rules in Vietnam. Each party shall bear its own costs except as awarded by the arbitrator.

13.3 Severability

If any provision is held invalid or unenforceable, the remainder shall remain in full force and effect.

13.4 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, or internet service provider failures.

13.5 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to the subject matter.

13.6 Amendment

This Agreement may only be amended by written agreement signed by both parties, except for modifications under Section 3.

14. CONTACT INFORMATION