These Terms of Service (the “Terms”) are a binding agreement between you and CW Designs, a sole proprietorship based in Ohio, United States (“CW Designs,” “we,” “us,” or “our”), the operator of the CW Flows platform and related websites, applications, and services (collectively, the “Service”). By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Service.
If you are using the Service on behalf of a company or other organization (a “Customer”), you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.
1. The Service
CW Flows is a business portal that helps CW Designs and its Customers monitor automations, organize and track the work those automations create, manage teams, exchange messages, and send transactional notifications. The Service is designed to work alongside third-party tools such as job-management and inspection software. CW Flows is an independent product and is not affiliated with, endorsed by, or sponsored by Jobber, SafetyCulture, Stripe, Clerk, or any other third-party service referenced in the Service. All third-party names and marks belong to their respective owners.
2. Eligibility and Accounts
Access to the Service is by invitation only. You must be at least 18 years old to use the Service. Accounts are created and managed through our authentication provider, and access is provisioned by CW Designs or by a Customer’s designated manager.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate information and to keep it current.
- You must notify us promptly at TyPavia@cw-flows.com of any unauthorized use of your account or any other security concern.
3. Customer Roles and Authorized Users
The Service uses a role-based model. A Customer’s manager may invite that Customer’s employees (“Authorized Users”) and control their access. As a Customer, you are responsible for: (a) your Authorized Users’ compliance with these Terms; (b) the accuracy and lawfulness of all data you or your Authorized Users submit; and (c) ensuring you have all rights, consents, and notices required to provide any personal information (including your employees’ information) to the Service.
4. Acceptable Use
You agree not to, and not to permit anyone to:
- use the Service in violation of any law or third party’s rights;
- upload or transmit malicious code, or attempt to gain unauthorized access to the Service or other accounts;
- probe, scan, scrape, or test the vulnerability of the Service except as expressly authorized in writing;
- interfere with or disrupt the integrity or performance of the Service;
- misrepresent your identity or submit content that is unlawful, infringing, or harmful; or
- use the Service to build a competing product or to resell it without our written consent.
5. Customer Data and Ownership
As between the parties, you retain all rights to the data you and your Authorized Users submit to the Service (“Customer Data”). You grant CW Designs a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely as needed to operate, maintain, secure, and improve the Service and to provide support. Our handling of personal information is described in our Privacy Policy.
6. Third-Party Services and Integrations
The Service may let you connect third-party services (for example, a job-management or payments provider). Your use of any third-party service is governed by that provider’s own terms and privacy policy, and you are responsible for any data you authorize us to exchange with it. We are not responsible for third-party services, and we do not guarantee their availability, accuracy, or security. Identifiers shared by a third party (such as a quote reference) are not by themselves proof of any right or permission.
7. AI-Assisted Features
The Service may use automated and artificial-intelligence features to generate suggestions, summaries, drafts, task updates, and similar output. AI output may be incomplete or inaccurate. You are responsible for reviewing and verifying any AI-assisted output before relying on it, and CW Designs is not liable for decisions made in reliance on such output.
8. Fees and Billing
Fees, retainers, and billing terms are as set out in the order form, proposal, or subscription you agree to with CW Designs. Payments may be processed through a third-party payment processor; CW Designs does not store full payment-card numbers. Unless stated otherwise: fees are billed in advance and are non-refundable except where required by law; you are responsible for applicable taxes; and we may change fees on prospective notice. Late or unpaid amounts may result in suspension of the Service.
9. Intellectual Property
The Service, including its software, design, and content (excluding Customer Data), is owned by CW Designs and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription. If you submit feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any output will be accurate.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CW DESIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL. CW DESIGNS’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CW DESIGNS FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You will defend, indemnify, and hold harmless CW Designs from and against any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Data, your use of the Service, or your breach of these Terms or of applicable law.
13. Term, Suspension, and Termination
These Terms apply while you use the Service. We may suspend or terminate access if you breach these Terms, fail to pay, or create risk or legal exposure for us. You may stop using the Service at any time. Upon termination, your right to use the Service ends; we may delete Customer Data after a reasonable period, and you are responsible for exporting any data you wish to keep before termination. Sections that by their nature should survive (including Sections 5, 9–12, and 14) will survive.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Ohio will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there.
15. Changes to the Service or Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. Miscellaneous
These Terms, together with any order form or proposal and our Privacy Policy, are the entire agreement between you and CW Designs regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
17. Contact
Questions about these Terms? Contact CW Designs at TyPavia@cw-flows.com.