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FLOWX.AI ACADEMY TRAINING AND CERTIFICATION TERMS OF USE AND SERVICE

LAST UPDATED

[02.03.2022]

WELCOME to the FLOWX.AI Academy training and certification platform (“FLOWX.AI Academy”).

Through the FLOWX.AI Academy, You will be able to access the FLOWX.AI library of trainings and courses (the “Courses”), including the associated Materials (as defined below), as well as the Certification programs (“Certification”) for the FLOWX.AI products and services (“FLOWX.AI Products and Services”), subject to these Term of Use and Service and all other policies or notices posted by us in the FLOWX.AI Academy or referred herein (the aforementioned, including any of their revisions and modification, collectively referred to as the “Terms”).   

 

These Terms govern Your use of the FLOWX.AI Academy, including of the Services and Products available in the FLOWX.AI Academy and are binding between You and FLOWX.AI or “us” (referred to as the “Parties”). 

 

By accessing the Services and Products in the FLOWX.AI Academy, You agree to be bound by these Terms, including by those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the FLOWX.AI Academy, whether You are a Partner of FLOWX.AI (as defined below) or an employee/collaborator of such Partner.

 

Please read these Terms carefully as they contain important information about Your rights, obligations and remedies and are binding between You and FLOWX.AI. If You do not agree to the Terms, please do not access nor use the FLOWX.AI Academy. 

By using and accessing the FLOWX Academy or by making an order related to a Course or a Certification in the FLOWX.AI Academy, You accept and agree to be bound by these Terms. 

IMPORTANT: To use the FLOWX Academy, You must be at least 16-years old and have full capacity to contract according to Your country of residence. You may use the FLOWX.AI Academy for Yourself or on behalf of Your employer/similar contractor. If You are accessing or using the FLOWX.AI Academy on behalf of Your employer/similar contractor You represent that You have the relevant power and capacity to do so and that You are authorized to accept these Terms in the name and on behalf of Your employer/contractor. All references to “You” will include You as an individual or Your employer/similar contractor, as the case may be. 

For the avoidance of doubt, any use of the FLOWX.AI Products and Services are subject to their own separate terms, and these Terms do not apply to the use of or access to the FLOWX.AI Products and Services. 

FLOWX.AI reserves the right to modify these Terms at its own discretion and at any time in accordance with this provision. When FLOWX.AI changes these Terms, it will post the modified Terms on the FLOWX.AI website and update the “Last Updated” date at the top of these Terms. The modified Terms shall become effective on the “Last Updated” date. You agree to follow up on the FLOWX.AI website and FLOWX.AI Academy periodically to be updated on such modifications, when You use the FLOWX.AI Academy. FLOWX.AI will use reasonable efforts to notify You of the changes through communications via the FLOWX Academy, email or other means. If You disagree with the revised Terms, You will have to cease any further use of the FLOWX.AI Academy. If You continue to access and/or use the FLOWX.AI Academy, such use will constitute acceptance of the revised Terms.

PLEASE CONTINUE READING CAREFULLY AND THOROUGHLY THESE TERMS.

You can contact us by using the following details (or as directed in the relevant part of the FLOWX.AI Academy). FLOWX.AI may contact You at the e-mail address You have provided upon registration in the FLOWX.AI Academy. 

• Privacy: privacy@flowx.ai 

• Compliance and anti-corruption: legal.compliance@flowx.ai. 

• Security: security.breach@flowx.ai 

• Others: contractnotice@flowx.ai or as indicated in these Terms.

  1. DEFINITIONS

 

In these Terms, capitalised terms shall have the meaning ascribed to them under this clause or as otherwise stated under these Terms.

 

  1. “Affiliate” means with respect to any specified person, any other person who (directly or through one or more intermediaries) controls, is controlled by or is under the common control with such specified person. For the purposes of these Terms, “control” means having the power (directly or indirectly) to direct or influence the direction of the management of a company or other entity, whether under contract, by holding shares, by having voting powers or otherwise, whether individually or jointly.
  2. “Certification” means acquiring a specific degree of knowledge and/or skills in relation to the FLOWX.AI Products and Services, following a Course or Courses made available in the FLOWX.AI Academy, as ascertained by the certificate issued by FLOWX.AI, attesting to Your status or level of achievement.
  3. “FLOWX.AI”/“we”/“us”/“our” means FLOWX.AI BUSINESS SYSTEMS with a registered office on Str. Costache Negri, nr. 1-5, OPERA CENTER 1, floor 7, district 5, Bucharest, postal code 050552 and VAT no RO43370465 is a company registered and organized under the laws of Romania or any of its Affiliates.
  4. “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in computer software and databases, know-how, look and feel, and any other intellectual property rights or rights of a similar nature, in each case registered or unregistered, and including all applications and rights to apply for and be granted protection, renewals or extensions of such rights, as well as the right to claim priority therefrom, and similar or equivalent rights or forms of protection which subsist now or in the future in any part of the world, including as otherwise defined or regulated under the applicable law.
  5. “Services” or “Products” available in the FLOWX.AI Academy means the FLOWX.AI’s or its’ Affiliates (i) websites, forums, services, platforms, products, software applications, courses, trainings, (ii) any improvements, updates, patches and enhancements of the FLOWX.AI Academy, (iii) any associated documentation (excluding any publicity or marketing materials) and (iv) other text, images, videos, audio, algorithms, software, or other information, and (v) any output and result (e.g., pre-trained models, model enhancements, templates, or features) of sample documents ran or used with a product for the purpose of enhancing or training the product.
  6. “You” or “Partner” means, as applicable, FLOWX.AI customers, partners (including training partners) and employees, collaborators, industry audience, educational institutions, governmental authorities and any other beneficiary of the Courses and/or Certifications available in the FLOWX.AI Academy, including the entity on behalf of which You register and any of its employees/collaborators accessing the FLOWX.AI Academy.
  1. THE FLOWX.AI ACADEMY 

 

  1. Access to the FLOWX.AI Academy. You may access the FLOWX.AI Academy via an account which You will be prompted to create and register when accessing the FLOWX.AI Academy. You may create Your account by using a personal email address or the email address assigned to You by Your employer/contractor. You acknowledge and agree that Your name and surname that You provide upon registration will be associated with Your FLOWX.AI Academy account and that Your name and the first letter of Your surname will be public on relevant components of the FLOWX.AI Academy, such as the messaging and chat features (the “Features”). 

 

  1. Guidelines and requirements. To access the FLOWX.AI Academy, You must agree with these Terms and must follow the guidelines and fulfil the requirements referenced under these Terms and any other requirements available on the FLOWX.AI Academy landing page.

 

  1. Materials. Courses may include supplementary Materials that You may download or otherwise access online in the FLOWX.AI Academy, including Courses descriptions, toolkits, and other written materials, and text, images, videos, audio, or other information designed to supplement Your training (“Materials”). 

 

  1. Right to use the FLOWX.AI Academy. Subject to the creation of Your account in the FLOWX.AI Academy and Your acceptance of and compliance with these Terms, FLOWX.AI grants You the right to access, register for, view and use the Courses and the Materials and/or to obtain the Certifications, under a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, only in accordance with Your role and with any conditions or restrictions associated with a particular Feature and component of the FLOWX.AI Academy and solely for Your personal, non-commercial, educational use in connection with the applicable Courses and Certification. 

 

  1. Fees and Refunds. The Courses, Materials and Certifications available in the FLOWX.AI Academy are currently free of charge. You will be notified in advance about any change in pricing and payments. If a fee will be requested by FLOWX.AI for a Course or Certification, this will not be refundable if You start the Course and/or the Certification process. FLOWX.AI’s Academy training partners, if available in the FLOWX.AI Academy, may offer courses for a charge and this will be clearly stated in their terms. Any questions or disputes related to payment will be settled directly between you and the relevant FLOWX.AI Academy partner.

 

  1. General Restrictions. You will not (and will not permit any third party to): (a) reproduce, distribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any part of FLOWX.AI Academy and/or any contest, Course, Materials available in the FLOWX.AI Academy, unless You have been granted explicit permission to do so in a written agreement signed by an authorized FLOWX.AI representative or unless as permitted under these Terms; (b) use the FLOWX.AI Academy to provide any product or service to a third party, except when using the Certifications in relation to the FLOWX.AI Products and Services; nor (c) remove or obscure any proprietary or other notices contained in the FLOWX.AI Academy. Upon request, You will provide FLOWX.AI with details and use reports of the FLOWX.AI Academy.


 

  1. Third Party Access. You may only allow Your users (which will include Your employees/collaborators and, should FLOWX.AI allow it, also Your clients), to use the Services and Products available in the FLOWX.AI Academy, solely for Your direct beneficial business purpose, causing them to comply with these Terms and subject to You being liable for their actions. Upon request, You will provide FLOWX.AI with details and use reports of all Your users.


 

  1. Non-disclosure of Courses, Materials, testing, examination and assessment procedure. The Courses, the Materials and any testing, examination and assessment procedure information, including assessment questions, answers, content, computations, diagrams, drawings, or worksheets related to any Certification (“Training Related Information”) is FLOWX.AI’s confidential and proprietary information and subject to its Intellectual Property Rights and protected by intellectual property laws. Any disclosure of the Training Related Information is strictly prohibited, unless You have FLOWX.AI’ express consent. You will not disclose, distribute, copy, display, publish, summarise, photograph, record, download, transmit or post any Training Related Information, in whole or in part, in any form or by any means now known or hereafter devised, unless otherwise agreed by FLOWX.AI.
  2.  

Acceptable Use. You will abide by these Terms and will use any Course, Material, Certifications and/or Designations only for the purposes for which they were provided/issued by FLOWX.AI, as stated in the FLOWX.AI Academy and only for allowing/promoting/reselling the FLOWX.AI Products and Services. You may not use, or encourage, promote, facilitate or instruct others to use, the content made available in the FLOWX.AI Academy, the Courses and any Materials for any illegal, harmful or offensive use, and You may not transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive when using the Services and Products available in the FLOWX.AI Academy. The Services and Products may contain reference to third party components, materials and components, which are subject to their own terms and conditions. If You use the Services and Products available in the FLOWX.AI Academy in conjunction with third-party data, products, services, platforms, etc., then You must comply with the terms and conditions required by such third-party providers, and you will be carrying the entire risk to such use.


 

  1. CREDENTIALS AND DESIGNATION
  1. Credentials. Upon the successful completion of a Course and/or Certification made available to You in the FLOWX.AI Academy and after complying with the associated requirements (such as passing an exam/test) , and provided that You are in compliance with these Terms, You may be awarded with a badge, a diploma or with a certificate issued by FLOWX.AI, as the case may be (“Credentials”). 

 

  1. Credentials’ validity. The Credentials are subject to specific validity, expiration, recertification and revocation requirements/conditions that will be made available to You in the FLOWX.AI Academy or together with the Course and/or Certification . It is Your responsibility to monitor and comply with the posted FLOWX.AI Academy information, requirements or conditions for any modifications or condition potentially affecting Your certification and recognition status. Please note that if You are in violation of these Terms, of the applicable law or if You engage in any misconduct or fraudulent behaviour or activity in violation of these Terms and/or against FLOWX.AI, FLOWX.AI may terminate these Terms and Your access to the FLOWX.AI Academy and may revoke Your Credentials.

 

  1. Designations. Some of the Credentials may also include a designation, such as the title granted to You by FLOWX.AI, and/or a Course or Certification logo and/or a FLOWX.AI trademark (the “Designation”). Subject to Your continuous compliance with these Terms and the Credential requirements, FLOWX.AI may grant You a non-exclusive, non-transferable, non-assignable, non-sublicensable, personal, revocable right to designate Yourself or Your uses with the applicable Designations and to use it only with the purpose of marketing, advertising, and promoting Your activities as a FLOWX.AI Academy Credential owner or in relation to promoting/reselling the FLOWX.AI Products and Services, as allowed by FLOWX.AI. You are granted no other right, title, or license to the FLOWX.AI trademarks.

 

  1. Use of Credentials and Designation. You may not use the Credentials and the Designations in any manner whatsoever other than as described in these Terms or as expressly allowed by FLOWX.AI. You will use the Credentials and Designations in a manner that does not derogate from FLOWX.AI’s rights in the Designations and the Credentials, and You will take no action that may interfere with or diminish the rights FLOWX.AI’s rights in the Designations and Credentials or damage FLOWX.AI’s reputation and/or goodwill. You will not use the Credentials and Designations in a way that may cause confusion about whether any products or services You offer are FLOWX.AI Products and Services.

 

  1. Changes in Certification and Credentials. Requirements. FLOWX.AI may change the requirements for maintaining a recognition for the Credential You have earned in the FLOWX.AI Academy. You may also be required to recertify in case of updates and modifications operated by FLOWX.AI in relation to the FLOWX.AI Products and Services. In such cases, You must comply with the new requirements. Failure to comply with the new or modified requirements or with the recertification requirements will lead to Your recognition for that Credential being cancelled or downgraded. As such, You shall cease all use of the Credentials and any Designation associated with that Credential or will use it in compliance with the new level of certification. It is Your responsibility to monitor and comply with the published FLOWX.AI Academy information and requirements for any modifications potentially affecting Your certification and recognition status. By continuing to participate in the FLOWX.AI Academy (including use of any Credential or Designation), You hereby agree to be bound by these changes and any amended terms.


 

  1. USER CONTENT
  1. User Content. The FLOWX.AI Academy and the Products and Services available in the FLOWX.AI Academy may enable You to share Your content, such as projects, assignments, comments, requests and other feedback regarding the FLOWX.AI Academy and the Products and Services available in the FLOWX.AI Academy and the like (“User Content”), with us, FLOWX.AI Affiliates, trainers, other users and/or our Partners in the FLOWX.AI Academy. For the avoidance of doubt, any User Content does not constitute “Materials” for the purposes of these Terms. You retain all Intellectual Property Rights in, and are responsible for, the User Content You share, including in the FLOWX.AI Academy and/or with Your employer or other contractor. To the extent that You provide User Content in the FLOWX.AI Academy, You grant us and FLOWX.AI Affiliates, without any compensation to You, a royalty-free, perpetual, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works of, publicly perform, publicly display, make, import, export, and license Your User Content, any part of its and any copies thereto and/or otherwise use the User Content in accordance with applicable law. We do not undertake to store or make available in the FLOWX.AI Academy any User Content for any length of time. We reserve the right to remove or modify the User Content for any reason, including User Content that we believe violates these Terms, any applicable law or good faith conduct and business practices and/or any third-party rights. All User Content must comply with these Terms and any applicable law. 

 

  1. You may be able to participate in interactive discussion and groups in the FLOWX.AI Academy. Some of these are moderated, others are not; all are subject to access by FLOWX.AI for technical reasons. FLOWX.AI does not control the content that You or other users of the FLOWX.AI Academy post and some may serve as public discussion forums. As in any interactive forum open to many users, You should carefully consider whether You wish to submit data and personal information and should tailor any other submitted content accordingly. 


 

  1. The content You submit in FLOWX.AI Academy is visible to any visitor and user and is associated with the public information of Your account, which is visible to all visitors/users of the FLOWX.AI Academy. Your name and surname associated with Your account is also visible. Your User Content created by You in the FLOWX.AI Academy includes Your questions and comments, which may include text, links, images, and any attached files and this is processed by FLOWX.AI to run the FLOWX.AI Academy and may also be processed by all the other users of the FLOWX.AI Academy participating in interactive discussion and groups in the FLOWX.AI Academy. Your Certifications and Designations is visible only to You and may be shared with Your employer/contractor if You perform any Course or obtain such a Certification in relation to Your job at such employer/contractor.

 

  1. FLOWX.AI and/or its Affiliates may use Your Content, including any text, images, videos, audio, algorithms, software, or other information derived from Your use of the FLOWX.AI Academy, as set forth below, provided that FLOWX.AI will anonymize and aggregate such User Content and information for the purpose of: 
  • product improvement and development of new products and services; 
  • improving resource allocation and support; 
  • internal demand and product planning; 
  • training and developing machine learning algorithms; 
  • improving product performance; 
  • verification of security and data integrity;
  • identification of industry trends and developments, creation of indices and anonymous benchmarking;
  • improving the Services and Products, including any Courses and Materials made available in the FLOWX.AI Academy.

 

  1. INTELLECTUAL PROPERTY RIGHTS AND TAKE-DOWN
  1. Save to any rights reserved to third parties, FLOWX.AI retains all rights, title and interest, including any Intellectual Property Rights in the FLOWX.AI Academy, any content made available by FLOWX.AI in the FLOWX.AI Academy, and in the Products and Services available in the FLOWX.AI Academy, including the Training Related Information. FLOWX.AI may independently acquire, license, or develop, any Intellectual Property Rights and technology performing similar functions as the User Content, or computer programs and the like developed by, or for, You.
  2. Save to any rights reserved to third parties You retain the Intellectual Property Rights over Your User Content and FLOWX.AI retains all rights, title and interest, including any Intellectual Property Rights over the Training Related Information and Confidential Information, including in the Services and Products available in the FLOWX.AI Academy. 

 

Feedback. You hereby grant FLOWX.AI, without any compensation to You, a worldwide, unrestricted, perpetual, non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, fully paid-up license to use, copy, modify, create derivative works of, distribute, publicly perform or display, make, have made, import, export, sell, rent, or license copies of, any feedback that You, in Your sole discretion, may share with FLOWX.AI or in the FLOWX.AI Academy, in any manner. To the maximum extent permitted by law, You waive any rights on, or in relation to, any results, derivative works or outputs of any nature (e.g., pre-trained models, model enhancements, templates, or Features) resulting from FLOWX.AI processing or modifying the feedback shared by You.

  1. The FLOWX.AI Academy cannot be used by you in a manner that infringes any Intellectual Property Rights of any party. If You have reasons to believe that any content, material or information may infringe Your Intellectual Property Rights or those of any third-party You shall submit a notice in this respect at legal.compliance@flowx.ai. FLOWX.AI will respond to any sufficiently substantiated notice submitted in accordance with this provision. A notice shall be deemed sufficiently substantiated if it includes the following:

 

  • your address, email address and telephone number;
  • relevant and accurate information, including a thorough description of the work that You claim is being infringed, along with information about where it is located;
  • an electronic or physical signature of the right holder (or a person authorized to act for the right holder); 
  1. FLOWX.AI will respond to any notices submitted in accordance with this provision without undue delay and when the notice is substantiated it will remove the content from the FLOWX.AI Academy. Where information is available to FLOWX.AI on the alleged infringer, FLOWX.AI will contact the alleged infringer and will allow it to contest the removal of the content and the take-down notice. All parties involved will work in good faith towards amicably settling any dispute arising in this respect. 

 

  1. If the substantiated notice refers to a Course, Material or Certification of FLOWX.AI made by FLOWX.AI or by any of its Affiliates or a third-party, You understand that their further use and sharing by You, regardless of the medium, may amount to a subsequent infringement of the Intellectual Property Rights claimed under the notice. Any such further use and sharing by You of a Course, Material or Certification will be at Your own risk and liability. 

 

  1. If FLOWX determines that You are in breach of these Terms, FLOWX.AI may terminate Your access to the FLOWX.AI Academy and may delete Your account and take any other appropriate action determined in its sole discretion, including holding You liable for any damages Your actions might cause.

 

  1. BUSINESS PRACTICES 

 

You agree that You will: (i) refrain from any conduct that could harm the reputation of FLOWX.AI; (ii) avoid deceptive, misleading, or unethical practices; (iii) not make any representations, warranties, or guarantees to third-parties on behalf of FLOWX.AI, unless expressly authorised by FLOWX.AI; (iv) comply with all applicable U.S. export regulations, U.S. economic sanctions, European Commission regulations, United Nations Security Council resolutions, and other similar national or international regulations; and (v) comply with any copyright and other Intellectual Property Rights and proprietary rights protections, when using the FLOWX.AI Academy, any Services and Products made available therein, as well as any Courses, Certifications and/or Designations.

 

You may not advertise, promote, imply or suggest in any manner that You are employed by, endorsed or sponsored by FLOWX.AI except to state that You have successfully completed all requirements for the particular Credential(s) You have earned. 


 

  1. PERSONAL DATA AND PRIVACY
  1. General Privacy Policy Terms. You acknowledge and agree that FLOWX.AI and its Affiliates  and Partners may collect, access, use, retain, transfer, disclose, share or destroy (collectively, “Process”) Your personal information which might include,:

 

  • Your name, telephone number, Your organisation, title and email address; 
  • Your answers to tests and examining questions and the results (scores) of the exams and tests taken in the FLOWX.AI Academy;
  • records of Your interactions with the FLOWX.AI Academy (such as Your Content, Course completion, Course progress and learning progress, Certifications obtained);
  • Your Credentials status;
  • photographic and/or video recordings taken to confirm your identity, prevent fraud, and to otherwise help administer and score the test,

 

all of the above being collectively referred to as “Personal Data”. 

 

When we Process your Personal Data in relation to the FLOWX.AI Academy, Your Personal Data is handled in accordance with the FLOWX.AI Privacy Policy, as well as the additional FLOWX.AI Academy Privacy Policy Terms stated below.

 

  1. FLOWX.AI ACADEMY PRIVACY POLICY TERMS
  1. Purpose and Grounds for Processing Your Personal Data. FLOWX.AI processes Your Personal Data for the purpose of providing You the Services and Products available in the FLOWX.AI Academy, including the Certifications Your Personal Data will be processed for the execution of the contract between You and FLOWX.AI, which we execute once You accept these Terms or based on Your express and specific consent, or FLOWX.AI’s legitimate purposes (in case FLOWX.AI processes Your Personal Data to defend its rights and/or interest). 

 

  1. How is Your Personal Data Used? Your Personal Data is used for the following purposes:

 

  • to provide You access to the FLOWX.AI Academy and to the Services and Materials available in the FLOWX.AI Academy;
  • to generate reports on Your usage and activity in the FLOWX.AI Academy; 
  • for Your registration to exams/tests to be passed after a Course completion administering exams and to determine if You passed the exams to acquire the Certifications;
  • for providing You, in case You are a successful test taker with Certification, as well as with digital certificates and printable/downloadable versions of the certificates;
  • for tracking Your individual Certifications renewals and additional Certifications obtained over time;
  • for tracking the number of certified professionals employed by FLOWX.AI Partners, having acquired the Certifications under the FLOWX.AI Academy;
  • for providing Your employer/contractor, who is a FLOWX.AI Partner, with a general overview regarding its employees/collaborators learning activity in the FLOWX.AI Academy, the learning progress, how many learners completed the Courses and the Credentials obtained by such.
  • for contacting you in relation to a potential partnership on sales.

Anonymized data derived from Your Personal Data may be used by FLOWXAI and/or its Affiliates:

  • for statistical purposes, to generate reports on the general use and activity of/in the FLOWX.AI Academy, and to analyze the Materials, Courses, Credentials, Features and Certification made available in the FLOWX.AI Academy;

 

  • for analyses, research, fulfilment and for any other purposes deemed necessary or appropriate to provide the FLOWX.AI Academy under these Terms; and
  • to improve the testing program and testing experience in the FLOWX.AI Academy;

You can also delete Your Personal Data from Your account in the FLOWX.AI Academy at any time during these Terms (except for the name, surname and email address associated with Your account). 

If You decide to close Your account in the FLOWX.AI Academy, FLOWX.AI will delete all Your Personal Data associated with such account, within fourteen (14) days as of closing. After that period, You can no longer access Your Data, including Your Credentials, which will be permanently deleted, unless these Personal Data regarding the Courses and Certification You have acquired are required to confirm that Your employer/contractor fulfils the necessary conditions to be qualified under a Partner program implemented at the level of FLOWX.AI. You are responsible for downloading Your Certifications and any Credentials from Your account, once You decide to close such an account. Your User Content associated with Your account cannot be deleted and will remain available in the FLOWX.AI Academy as if posted by an anonymous user (not related with Your "Full Name and Surname"), unless You first hide this User Content before account deletion.

 

  1. Who do we share Your Personal Data with? If Your Certifications are required to ascertain that a FLOWX.AI Partner fulfils the necessary conditions to be qualified under a Partner program implemented at the level of FLOWX.AI, You hereby acknowledge and consent that FLOWX.AI is entitled to share and disclose Your Personal Data associated with Your account in the FLOWX.AI Academy with Your employers or contractors being a FLOWX.AI Partner. You may also opt that Your learning progress in the general reports shared with Your employer/contractor. 

Your Personal Data may also be shared with the FLOWX.AI Academy administrators, tutors and instructors, solely for the purpose of providing You the Services and Products associated with the FLOWX.AI Academy and the support services required for Your access and use of the FLOWX.AI Academy. You may opt out of identifying You in the reports provided by FLOWX.AI to Your employers on its employees learning process in the FLOWX.AI Academy. 

 

Your data may also be shared with the services providers and partners we work with in relation to the FlowX.AI Academy, including when we integrate the FLOWX.AI Academy with other platforms, such as HubSpot.  For more details, please see FLOWX.AI Privacy Policy. 

 

  1. How long does FLOWX.AI keep and process Your Personal Data? Your Personal Data is retained and processed in accordance with the applicable laws and the FLOWX.AI Privacy Policy. Your Personal Data is kept 14 days after You close Your account in the FLOWX.AI Academy, unless Your Personal Data regarding the Courses and Certification You have acquired are required to confirm that Your employer/contractor fulfils the necessary conditions to be qualified under a Partner program implemented at the level of FLOWX.AI. We may also retain and process Your Personal Data after the 14 days period following the closing of Your account in case of:
  • dispute resolutions around test taking and passing – until the dispute is finally settled;
  • if the Personal Data regarding the Courses and Certification You have acquired are required to confirm that Your employer/contractor fulfils the necessary conditions to be qualified under a Partner program implemented at the level of FLOWX.AI – for the period of time until You are no longer an employee/collaborator of such Partner or until Partner decides to remove You from the list of such certified individuals; 

 

Please bear mind that You may be subject to additional privacy policies available at the level of Your employer/contractor or privacy laws applicable in the country of Your jurisdiction. You are responsible for assessing compliance with Your applicable privacy policies and laws when using the FLOWX.AI Academy and the Products and Services available in the Academy. When You process (access, receive, disclose, store or otherwise use) Personal Data, You are responsible for processing the Personal Data, lawfully, informing and where relevant, obtaining the consent of the data subject, in accordance with the GDPR Regulation and other applicable privacy laws. If You are an individual, please note that by using a corporate email address or by choosing an affiliation in your profile, Your Personal Data associated with Your account, Your learning progress and other usage data may be shared with the owner of the domain (e.g., your employer/contractor). You can always choose to use a personal email address instead of a corporate one when creating and using Your account in the FLOWX.AI Academy.

  1. TERMINATION
  1. Termination Without Cause. Either party may terminate these Terms at any time, without cause and without prior written notice to the other Party. If You decide to terminate these Terms, You will cease using any Services and Products available in the FLOWX.AI Academy Specifically, You may terminate without cause these Terms by deleting Your FLOWX.AI Academy account and cease using the Services and Products available in the FLOWX.AI Academy. FLOWX.AI may also terminate these Terms without cause, including if we choose to discontinue the FLOWX.AI Academy Platform and/or the provision of any Products and Services available therein, or if the provision of the FLOWX.AI Academy is deemed unlawful or infringes any third-party right.

 

  1. Termination for Cause. FLOWX.AI may immediately terminate these Terms subject to a five (5) calendar days prior written notice provided to You upon the occurrence any of the following events: 

 

  • You fail to comply with any of the terms of these Terms or You do not remedy a breach of these Terms within the deadline granted by FLOWX.AI.
  • You engage in misappropriation or unauthorized disclosure of any Intellectual Property Rights of FLOWX.AI or in any data and information made available by FLOWX.AI in the FLOWX.AI Academy, unless otherwise authorised in these Terms.
  • You engage in activities prohibited by law or You infringe any third-party rights when using the FLOWX.AI Academy.
  • In any other cases expressly provided under the Terms.

 

  1. Effects of Termination. In all events of termination or expiration of these Terms, all rights granted to You under the Terms will immediately terminate and You will immediately cease any and all use of and access to the FLOWX.AI Academy and any associated Services and Products, provide that You will not lose Your Certifications as long as the conditions for such Certifications remain valid.. Provided that these Terms are not terminated for Your breach, You may retain copies of any Materials, so long as You do not copy, distribute or otherwise use them in violation of these Terms. Provided these Terms were terminated by You by deleting Your account, You may still use Your Credentials, in accordance with their own validity, expiration and renewal requirements. Such use shall be subject to these Terms which shall survive termination in this respect. 

 

  1.  WARRANTIES

 

  1. THE FLOWX.AI ACADEMY AND THE SERVICES AND PRODUCTS MADE AVAILABLE IN THE FLOWX.AI ACADEMY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER FLOWX.AI, NOR ANY OF ITS AFFILIATES LICENSORS, SUPPLIERS, THEIR OFFICERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY OF ANY KIND,(EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO FLOWX.AI ACADEMY AND THE SERVICES AND PRODUCTS MADE AVAILABLE IN THE FLOWX.AI ACADEMY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOWX.AI SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING AVAILABILITY, SERVICE UPTIME, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ABILITY OF THE SERVICES AND PRODUCTS TO INTEGRATE OR INTEROPERATE WITH OTHER TECHNOLOGIES. UNPLANNED SYSTEM OUTAGES MAY OCCUR AND FLOWX.AI DOES NOT WARRANT THE FLOWX.AI ACADEMY WILL RUN UNINTERRUPTED OR ERROR FREE AND FLOWX.AI SHALL NOT BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, WEBSITE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS, NOR FOR MATERIALS, COURSES OR USER CONTENT YOU MAY FIND OBJECTIONABLE OR INAPPROPRIATE. FLOWX.AI MAKES NO WARRANTIES AS TO THE COURSES AND MATERIALS ACCURACY, USEFULNESS OR RELIABILITY AND WE DO NOT GUARANTEE YOUR SATISFACTION WITH THE FLOWX.AI ACADEMY, AND SERVICES AND PRODUCTS MADE AVAILABLE THEREIN OR YOUR RESULTS. YOU BEARS THE ENTIRE RISK AS TO THE USE OF THE FLOWX.AI ACADEMY SERVICES AND PRODUCTS. FLOWX.AI DISCLAIMS ALL LIABILITY FOR HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDER OR ANY THIRD-PARTY CONTENT. 

 

 

  1. Your Warranties. You represent and warrant at all times that: (i) You have all necessary right and title to enter into these Terms, either on Your behalf or on behalf of the employer/contractor You represent and to perform Your obligations hereunder; (ii) You and Your users (including employees/collaborators) will use the FLOWX.AI Academy in strict accordance with these Terms and with all applicable legislation; (iii) You have obtained all rights, permissions and/or consents necessary for the lawful use of Your User Content and the utilisation of the FLOWX.AI Academy; (iv) no part of Your User Content infringes or otherwise conflicts with any third-party rights; (v) You will not engage in any activity that would require FLOWX.AI to obtain licenses from or pay royalties to any third party based on Your accession or use of the FLOWX.AI Academy or the Services and Products available in the FLOWX.AI Academy. You expressly agree that the use of the Services and Products available in the FLOWX.AI Academy is at Your sole risk. You shall be solely responsible for fulfilling the terms of any agreement between You/Partner and Your employees/collaborators and FLOWX.AI shall not be obligated to perform or be deemed liable for the non-performance of any of Your or Your Partner’s obligations thereunder.

 

  1. LIABILITY

 

  1. EXCLUSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLOWX.AI AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, MORAL, INDIRECT, PUNITIVE, CONSEQUENTIAL INCIDENTAL OR EXEMPLARY DAMAGES, THE USE OR INABILITY TO USE THE FLOWX.AI ACADEMY, COMPUTER MALFUNCTION OR FAILURE, SERVER DOWN TIME, FAILURE OF THE FLOWX.AI ACADEMY OR SERVICES OR PRODUCTS TO OPERATE, LOSS OF PROFITS, REPUTATION, USE, OR REVENUE, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF BUSINESS, and regardless if FLOWX.AI was aware of the likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise. For the avoidance of any doubt, under no circumstances may FLOWX.AI or any of its Affiliates, directors, employees or consultants be liable for any claims of any kind and nature that may be asserted, granted or imposed against, directly or indirectly, arising from, or in connection with, Your User Content, Your failure to comply with these Terms or Your use of Your account created in the FLOWX.AI Academy. 

 

  1. LIMITATION EXCEPT FOR INTENTIONAL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF FLOWX, FLOWX’S LIABILITY UNDER THESE TERMS FOR EACH AND ALL CLAIMS, ACTIONS, PROCEEDINGS AND DAMAGES (INDIVIDUALLY AND TOGETHER), INCLUDING DIRECT DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS, AND INCLUDING WHERE THE WARRANTY EXCLUSIONS ABOVE ARE NOT VALID OR PERMITTED UNDER THE APPLICABLE LAW SHALL NOT EXCEED USD100 OR THE CONSIDERATIONS YOU HAVE PAID FOR IN THE MONTH WHEN THE LOSS OR BREACH OCCURRED. THIS LIMITATION WILL APPLY WHETHER THE CLAIM ARISES FROM CONTRACT OR TORT. 

These limitations and exclusions apply even if this remedy doesn't fully compensate You for any losses and even if FLOWX.AI has been advised about the possibility of the damages or the likelihood of their occurrence. 

 

 

  1. Indemnity. You will defend, indemnify, and hold FLOWX.AI harmless from losses, damages, fines and expenses (including attorneys' fees and costs) arising out of, or relating to any claims based on, arising from or related to: (a) Your use or attempted use of the FLOWX.AI Academy and/or the Services and Products available in the FLOWX.AI Academy, the Courses, Materials or Certifications in violation of these Terms, (b) Your violation of any law or rights of any third party, or (c) any User Content, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other third-party rights.

 

  1. APPLICABLE LAW AND JURISDICTION

 

  1. These Terms and any dispute, proceedings or claim of whatever nature arising out of or in any way related to these Terms or their formation or termination (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Romania as well as the law of the European Union that is directly applicable in Romania. 

 

  1. Any dispute under or related to these Terms, including with respect to the execution, performance or termination thereof, shall be exclusively settled by the Romanian competent courts located in Bucharest Romania. 

 

  1. ADDITIONAL TERMS AND THIRD-PARTY PRODUCTS

 

  1. The FLOWX.AI Academy Platform may contain links to third-party websites, products, courses, materials (“Third-Party Products”) which may be subject to different terms and conditions and are provided independently and separately from FLOWX.AI. 

 

  1. The access and/or use of services and/or products offered and accessed through the FLOWX.AI Academy and certain areas and Features of the FLOWX.AI Academy (“Additional Services”) may be subject to separate terms and conditions, standards or guidelines (“Additional Terms”). When Additional Terms are applicable in order to access the Additional Services, You must accept and comply with said Additional Terms. By using and accessing the Additional Services You express Your consent to have accepted the Additional Terms. 

 

  1. FLOWX.AI is not responsible or liable for the availability or accuracy of such Third-Party Products or Additional Services, or any content or services available from such Third-Party Products.

 

  1. COMPLIANCE TERMS 

 

Confidentiality Obligations. Any information related to the Courses, Materials, Certifications and generally any information available in the FLOWX.AI Academy, including in relation to the Services and Products available therein, shall only be used for the purpose of these Terms and for using and benefiting of the Services and Products available in the FLOWX.AI Academy and my not be disclosed or made available to third parties. Parties and any of their Affiliates may exchange information for the purpose of these Terms which will be deemed confidential, if it’s marked confidential or would normally under the circumstances be considered as such, even if not expressly marked (“Confidential Information”). Confidential Information does not include information that is independently developed by the recipient, rightfully given to the recipient by a third party without any confidentiality obligations or becomes public through no fault of the recipient. For example, the FLOWX.AI Academy and content available therein is considered FLOWX.AI’s Confidential Information. The receiving party will treat the Confidential Information with no less than best and professional care and will only use the Confidential Information for the purpose and for the duration of the relationship under the Terms, unless another validity term is included in the Credentials. The receiving party may only disclose Confidential Information: (i) under a written and signed permission document from the disclosing party, or as necessary to comply with applicable law or valid order of a court of law or other governmental body, only if the receiving party promptly notifies the disclosing party of the required disclosure and provides assistance to prevent or limit the disclosure or (ii) to its Affiliates, employees, agents, investors or professional advisors, who need to know the Confidential Information for the purposes of these Terms and who are bound by confidentiality obligations at least as restrictive as in this section. FLOWX.AI may disclose your CI without notice if it reasonably believes necessary to protect the rights or safety of FLOWX.AI, its Affiliates, its customers, partners, or the public. FLOWX.AI may also disclose Your Confidential Information as otherwise permitted under the Terms, such as disclosure of Your Credentials to Your employer/contractor who is a Partner of FLOWX.AI.

 

  1. Data Use. FLOWX.AI or its Affiliates may also collect and analyse diagnostic, technical, error reports, crash dumps, usage and other telemetry data from Your ’s devices used when accessing the FLOWX.AI Academy and You grant FLOWX.AI a worldwide, transferable, royalty-free right to access, use and process such data for the purpose of providing and updating the FLOWX.AI Academy, the Services and Products available therein and for, offering support and addressing technical issues. 

 

 

  1. Publicity. If You’re a legal entity, You hereby grant FLOWX.AI a transferable, sub-licensable, royalty-free, non-exclusive, worldwide, valid for the entire duration of the rights, license to copy, host, store, distribute, publicly perform, display, incorporate into other works and otherwise use Your trademarks, service marks and logos in our marketing materials, for the purpose of promoting our FLOWX.AI Academy and events. You authorize FLOWX.AI to publicly identify them, You, as applicable, as beneficiary of FLOWX Academy, and to include Your name and logo on FLOWX.AI’s website, online platforms and on any promotional materials. Subject to these Terms You may only use the FLOWX.AI names, logos and trademarks only to present Yourself or Your certified employees/collaborators as holder of a Credential issued by FLOWX.AI or its Affiliates . You must request prior consent from FLOWX.AI before making any statement related to FLOWX.AI, or the FLOWX Academy and Services and Products made available therein, in the media, in press releases, briefings or conferences, other than to mention Your status as beneficiary of FLOWX.AI Academy. You must promptly cease any use of FLOWX.AI trademarks identified by FLOWX.AI as problematic. You also agree not to contest the validity of ownership of any FLOWX.AI trademarks or any Intellectual Property Rights. All goodwill arising from use of FLOWX.AI’s trademarks and any Intellectual Property Rights inures to FLOWX.AI. 

 

  1. GENERAL PROVISIONS 

 

  1. Survival. Any and all provisions which, by their content, are intended to apply beyond the performance, non-renewal or termination of these Terms will survive any termination hereunder (whether or not so expressly stated).

 

  1. Non-Assignment. You may not assign or otherwise transfer these Terms or Your rights and obligations under these Terms, in whole or in part, without FLOWX.AI’s written consent and any such attempt will be null and void. You are not allowed to transfer any Certifications or Designations obtained by You. FLOWX.AI may transfer its rights under these Terms to a third party, in which case these Terms will be updated. 

 

  1. Guidelines for End Users. If You are accepting these Terms and intend to access the Courses and any Certifications for Your employees or collaborators, You undertake to provide procure that such employees/collaborators will agree to be bound by these Terms

 

  1. Entire Agreement. These Terms contain the entire understanding between the Parties and supersede any prior written or oral agreement related hereof. 

 

  1. Severability. If any provision of these Terms shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall be reformed to comply with the applicable law, but to the extent it still complies with the effects and intent envisioned by the Parties upon entering into these Terms, or, if the aforementioned reformation is not possible, it will be stricken so as not to affect the validity or enforceability of the remainder of these Terms.

 

  1. Express consent declarations. Each Party hereby confirms that:
  1. it has analysed and freely decided to enter into these Terms and be a Party to these Terms, based on its own review and consideration, after proper analysis of the benefits deriving from its entry into these Terms, and, where it has deemed necessary, with the expertise of specialized consultants, e.g. legal experts, which it has selected or agreed to;
  2. it is capable to understand, either directly or with the assistance of the foregoing consultants, and it understands and accepts the content and effects of all the clauses included in these Terms, and related rights and obligations, as well as their implications, and legal effects; and with a view to Article 1.202 (Standard Clauses) and Article 1.203 (Non-standard clauses) of the Romanian Civil Code, it understands and expressly accepts each and all clauses of these Terms, including, [ Article 11 - LIABILITY, Article 10 – WARRANTIES. Article 9 - TERMINATION, Article 12 - CHOICE OF LAW AND DISPUTE RESOLUTION, ].

 

FLOWX.AI reserves the right to update these Terms available, at any time, without prior written notice to You.