Terms of Service

Fluency Pty Ltd  ·  Last updated:

1. Agreement

These Terms of Service govern your use of usefiuency.com and the Fluency workflow-analytics platform (the "Service") operated by Fluency Pty Ltd ("the Company," "we," "us," or "our") (Level 8, 461 Bourke Street, Melbourne VIC 3000, Australia). By creating an account or using the Service, you accept these Terms in full. Nothing in these Terms limits statutory rights you hold under the laws of your country of residence, including the Australian Consumer Law.

Fluency is an analytics and recommendation platform. It reads process metadata from systems you connect and produces workflow maps and ROI analyses. It does not execute automation, issue instructions to connected systems, or modify any data in those systems. The boundaries of what the Service does and does not do are described in the platform documentation and confirmed at onboarding.

2. Use of the Service

  • You must be of legal age in your jurisdiction, or have the authorisation of your employer or the entity on whose behalf you are using the Service.
  • You agree not to use the Service unlawfully, to interfere with its operation, or to attempt unauthorised access to systems or data beyond the scope of your subscription.
  • You may not scrape, reverse-engineer, or copy the Service except as permitted by mandatory law.
  • You are responsible for ensuring that connecting your business tools to the Service is authorised by your organisation and consistent with any obligations you have to the operators of those tools.

3. Intellectual Property

The Service, including its workflow-mapping engine, ROI-scoring methodology, and all associated software, is owned by the Company or its licensors and is protected by Australian and international intellectual-property law. The Company grants you a limited, non-exclusive, non-transferable licence to use the Service for your organisation's internal workflow-analytics purposes during the term of your subscription.

Your organisation retains ownership of the data you bring to the Service, including the process metadata and event logs ingested from your connected tools. The Company claims no ownership over your data.

4. Your Data and Content

You grant the Company a limited licence to ingest, store, analyse, and display the process metadata and event data from your connected tools solely to provide the Service. The Company processes this data as a data processor acting on your organisation's instructions. We do not use your workflow or event data to train models, share it with third parties for their own purposes, or retain it beyond the periods described in our Privacy Policy.

You are responsible for ensuring that your organisation's use of Fluency complies with any obligations you have to employees, contractors, or other individuals whose activities are recorded in the systems you connect.

5. Subscription and Payment

Access to platform features requires a paid subscription (Discover, Accelerate, or Transform tier). Subscription fees are charged monthly or annually as specified at checkout. All fees are exclusive of applicable taxes. Prices are in United States dollars unless otherwise stated at purchase. Subscriptions renew automatically unless cancelled before the renewal date. Refunds are not provided for partial periods except where required by the Australian Consumer Law.

6. Disclaimers

The Service is provided on an "as is" and "as available" basis. The Company disclaim all warranties to the maximum extent permitted by applicable law, including implied warranties of merchantability and fitness for a particular purpose. The ROI scores and automation recommendations produced by the Service are analytical outputs based on your data; they are not professional advice and do not guarantee any particular business outcome. Mandatory consumer guarantees under the Australian Consumer Law are not affected by this clause.

7. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total liability for any claim arising from or related to the Service will not exceed the amount you paid to the Company in the 12 months immediately preceding the event giving rise to the claim, or AUD 500, whichever is greater. This limitation does not apply to liability that cannot be excluded or limited under mandatory law, including liability for death or personal injury caused by negligence.

8. Indemnification

You agree to indemnify and hold harmless the Company from any third-party claims, losses, and expenses (including reasonable legal costs) arising from your use of the Service in breach of these Terms, your violation of any third-party right, or any data you provide to the Service that infringes a third party's intellectual-property or privacy rights.

9. Termination

The Company may suspend or terminate your access if you materially breach these Terms and fail to remedy the breach within 14 days of written notice. You may cancel your subscription at any time through account settings. Sections 3, 4, 7, 8, 10, and 11 survive termination by their nature.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. Disputes arising from or in connection with these Terms or your use of the Service are subject to the non-exclusive jurisdiction of the competent courts in Melbourne, Australia, without prejudice to mandatory consumer-protection rights of your country of residence.

11. Changes and Contact

The Company may update these Terms from time to time. Material changes will be posted with a new "Last updated" date and, where practicable, notified by email to account holders. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Fluency Pty Ltd
Level 8, 461 Bourke Street
Melbourne VIC 3000, Australia
Email: [email protected]
Phone: +61 3 9016 4200