FlowAccount - Terms of service

Terms of Service refers to conditions for using FlowAccount, and the objective is to inform you of your rights, and legal duties regarding the provisions between "us" [Flow Account Company Limited] as the "service provider" or "service user" [ Yourself the user], so please read the terms and conditions for the benefit of receiving services from us.

Agreement
By accessing and using the services provided by our company, you agree to be bound by these Terms of Service ("Terms"). It is mandatory that you carefully read, understand, and accept these Terms in their entirety. Your continued use of our services constitutes your acceptance of these Terms and conditions, which govern all aspects of your use of our services. These Terms are binding upon all users, regardless of the specific services or use cases involved.

Scope of application of the Terms of Service
These Terms of Service ("Terms") apply solely to the direct services provided by our company to service users. They do not apply to services provided by other entities or individuals that may be linked from our company's website or linked from our services. This includes, but is not limited to, payment service providers for payroll services, e-tax invoice service providers, e-commerce platform providers, intermediary service providers that may receive and distribute payments, and point-of-sale system service providers, as the services provided by these entities are not within our control or guarantee. Therefore, any contractual terms or conditions between service users and such external service providers shall be subject to separate review and understanding by the service users.

Furthermore, these Terms apply in addition to our Privacy Notice. By using our services, you agree that our company may utilize the information you have provided through our website or other channels to perform our rights and obligations under these Terms, in accordance with our Privacy Notice.

1. Definition
"Agreement" means these terms and conditions governing the use of our services, including any contracts or agreements related thereto.

"Parties" refers to FlowAccount Company Limited and the service users who apply to use our services through our website.

"Service Fees" means the standard and annual fees that service users are obligated to pay for the services, according to the rates specified in the contract, as displayed on our website or communicated through other methods.

"Information" means any data or details that users or their authorized representatives provide to us through our website, application, or any other communication channels.

"Confidential Information" means information that the parties have disclosed to each other, whether verbally, in writing, or in electronic form, but excludes any information already available to the public.

"Intellectual Property Rights" refers to patents, trademarks, service marks, copyrights, moral rights, and product design rights, whether registered under the laws of Thailand or any other country.

"Service Provision" means providing online accounting management software (by our company) and any other services we may offer to users through our website or application, including but not limited to payroll management services (FlowPayroll), receipt issuance and document storage (AutoKey), and facilitating connections between users seeking accountants and other service users.

"System User" refers to any individual or company, other than a service user, who is not a contractual party with our company but has been authorized by a service user to access our services on their behalf. When a service user provides System User information to us, we will consider and verify the authorization granted by the service user to the System User. Any actions taken by System Users will be binding on the respective service users.

"Service User" means a user who is a contractual party with our company, excluding System Users.

"Service Provider" refers to FlowAccount Company Limited.

"Website" means FlowAccount, FlowPayroll, AutoKey and Mobile POS

"Force Majeure" refers to any event that occurs beyond one's control and could not have been prevented by taking reasonable precautions expected from someone in such a position and condition.

"Accounting Office" means an accounting firm or independent accountant who may register as a partner to provide services to our service users through our system.

2. Service
2.1 Service Package
The services provided by our company to users will be in accordance with the specific conditions and formats of the package and application chosen by the user through our website.

2.2 Changing Service Packages
We reserve the right to modify our services, including but not limited to service features or pricing, at any time to align with the evolving needs of our users and changing circumstances. Such changes will be effective immediately upon being updated on our website. We will notify all service users of any changes via email or through our website.

Therefore, users are advised to read and understand the latest Terms of Service displayed on our website. If users continue to use our services after such changes, we will consider this as acceptance of the modified terms.

2.3 Rights to Use the Services
Our company grants service users the non-exclusive and non-transferable right to access and use the services within the package they have chosen. The exercise of such rights must be in accordance with these Terms of Service.

2.4 Service Limitations
Our company provides software to facilitate convenient account management for users. However, in providing our services, the following limitations apply:

2.4.1 We do not offer services as professional accounting experts. Our software is a tool designed to assist in recording and managing accounts, but we do not provide direct advice or services related to the accounting profession. Therefore, we recommend that users consult with an accounting professional for detailed guidance on utilizing our services and planning their overall account management system. We reserve the right not to be held responsible for any damages that may occur from users relying solely on the information provided through our software without seeking expert consultation when necessary.

2.4.2 We cannot guarantee the accuracy or completeness of all information accessed through our services. Our software is a convenience tool, and the responsibility for inputting all data into the system rests solely with the users or system users. Our software merely displays analytical results based on the information provided by the users. Therefore, we cannot independently verify the correctness, completeness, or accuracy of the users' actual account information entered into the system. Consequently, we reserve the right not to be held responsible for guaranteeing the accuracy, completeness, or comprehensiveness of all accounting information. This includes, but is not limited to, information on recording income and expenses, product stock, individuals subject to withholding tax deductions, employees requiring salary payments, tax or social security deductions through the FlowPayroll service.

2.4.3 Technical Limitations - We cannot guarantee the accuracy or compatibility of the technology provided for all use cases due to inherent technological limitations. Our services may be subject to certain restrictions, such as browser version compatibility or limitations of the devices used for connectivity. While we strive to develop software that can connect and function efficiently across all devices, some technical limitations may exist.

This includes, but is not limited to, the possibility that the OCR (Optical Character Recognition) functionality through our AutoKey service may not be entirely accurate. Therefore, we recommend that users verify the accuracy of all data imported into the main system.

Users can access our services and conduct various transactions on our website through the internet network, which is available 24 hours a day, without holidays. However, in cases where our computer systems, related equipment, or communication systems are damaged, undergoing maintenance or repair, or if a force majeure event occurs, we reserve the right to suspend service provision to fix, improve, and repair the website without prior notice. Such instances will not be considered our fault. Nonetheless, we will not be held responsible for damages resulting from force majeure events or any modifications or repairs to the website arising from such events.

2.4.4 Accounting Office Services - We cannot guarantee all services provided by the accounting firms listed on our platform. Our role is to facilitate connections between service users (entrepreneurs) and accounting firms. Through our system, we only recommend various accounting firms that may possess the qualifications specified by the service users. The selection of an accounting firm is the unilateral decision of the service user.

In this regard, we may not be able to guarantee or validate the qualifications of the accounting firms in all areas. Therefore, we recommend that users directly contact and inquire about the qualifications and suitability of the accounting firms. If users encounter any issues with the services provided by an accounting firm, they can immediately contact us and file a complaint. However, we reserve the right not to be held responsible or liable for the unilateral actions of the accounting firms and service users. Such matters must be resolved between the disputing parties.

3. Applying for service Amending, holding, renewing the contract
3.1 Applying for Services
You can apply for our services by submitting a service request through our website. However, the service provider reserves the right to reject any service requests that do not meet the evaluation criteria or conditions determined solely at the discretion of the service provider. The service provider is not obligated to disclose these evaluation criteria to users in advance.

3.2 Contract Period and Renewal
The service package is initially valid for one year, with fees set by the service provider unless otherwise specified on the website. If the user does not indicate their intention to terminate the contract according to the method announced by the service provider at least 30 days before the end of the year, the service period will automatically renew for another year. Each subsequent renewal will also be for one year, unless specified otherwise. It is clarified that the service provider will promptly charge the service fee for each renewal period.

3.3 User Accounts
Service users are responsible for securely maintaining their user accounts and passwords. The user bears sole responsibility for any risk arising from the fraudulent or unauthorized use of their password by a third party. The service provider may consider any use of passwords, activities, or transactions conducted through a user’s account as actions taken by the authorized user. In case of unauthorized access to a user’s account, users must promptly report such incidents to the service provider to enable timely resolution. However, these measures are intended solely to assist users, and the service provider bears no liability to users or others for any issues or consequences resulting from their use.

3.4 Appointment of system users
Users have the right to designate any person or company as a system user to manage their account for the specified service. The number of users that can be assigned corresponds to the selected service package. Service users are fully responsible for all actions taken by system users, as if these actions were performed by the service users themselves, regardless of their awareness of such actions.
To clarify, if the actions of system users result in any loss or damage to the service users, the service provider will not be held liable.

3.5 Modifying the rights to use the service
Service users have the absolute right to change, limit, or cancel their use of our system as they deem appropriate. In the event of a dispute arising between a service user and a system user, we will comply solely with the request or order of the service user, as they are the contractual party. Consequently, we reserve the right not to comply with any requests or orders from third parties, whether system users or authorized representatives, who are not contractual parties with our company, unless the service user has provided us with express written consent to do so.

4. Payment of service fees
4.1 Using the free package service
Users who choose the free package acknowledge that their use of the service will be subject to the limitations specified on the website by the service provider.

4.2 Free trial for using the package (Trial)
To allow users to try out the paid services of the service provider, users can select a trial package with limited conditions in terms of the time period. Users must decide whether to continue with a paid package at the rate specified by the service provider on the website before the trial period ends to preserve all data processed during the trial period. If the user does not make the payment for the said package within the specified period, the service provider reserves the right not to retain any information provided by the user during the trial period and will not be responsible for any damages that may occur to the service user in such cases.

4.3 Payment of service feet:
Users are responsible for paying annual service fees or at the rate specified in the selected package. The service provider will charge the fees every year or at the specified rate until the contract is terminated in accordance with these conditions. However, payment for such services will be subject to the following conditions:

4.3.1 Payment form
The service provider will charge service fees in Baht currency. This may include various related taxes and duties (if any) as determined and notified to users through the website. Payments can be made via credit card, bank transfer, or other forms of payment as specified by the service provider.

4.3.2 Late payment of service fees
In the event that the user does not pay the service fee or pays the service fee late, the service provider reserves the right to temporarily suspend the user's service until the service fee is paid in full. The service provider will not be liable for any damage that may occur to users from suspending the service. The suspension of the service will not affect other rights that the service provider may have under these terms.

5. Duties of service users and promotions on using the service
5.1 Responsibility for information
Users are solely responsible for any information, content, images, or any elements they import into the system for the service provider’s use ("Service User Information"). Service users must guarantee the accuracy, completeness, and legality of all submitted information. If a dispute arises related to service user information that affects the service provider, the service user is solely responsible for all resulting damages.

5.2 Notification of data correction
In the event of a transfer of services, whether in whole or in part, to another company within the FLOWACCOUNT group or to another person, FLOWACCOUNT may transfer its contractual status to another entity or individual after informing you. By applying to use the service, you give advance approval for such transfers.

5.3 Lawful use
Users who choose the free package acknowledge that their use of the service will be subject to the limitations specified on the website by the service provider.

If such actions are detected, the service provider reserves the right to terminate the contract and stop providing services to the user without prior notice. No service fees will be refunded, and the service provider will not be liable for any damages to the violator or third parties. This does not exclude the right to claim damages or seek compensation from users who do not comply with the regulations governing the use of such services.

5.4 Prohibition on Sending Information
Users must not send any information into the service provider's system that is illegal or may cause damage to the service provider or other users. This includes but is not limited to:

5.4.1 Fake information, whether in whole or in part, or false information likely to cause damage to others or the public. This includes any information or content that is illegal, immoral, defamatory, vulgar, obscene, racist, or violates the privacy rights of others. It also includes content that uses provocative or violent words, has hidden intentions other than advertising, attacks competitors, or is involved in any illegal activities.

5.4.2 False information that may damage national security, cause public panic, or relates to offenses against national security or terrorism as defined by the Criminal Code.

5.4.3 Any obscene computer information that can be accessed by the general public.

5.4.4 Any content containing computer viruses, malicious interventions, or code, files, or programs designed to destroy, interfere with, or limit the functionality or security of computer systems, networks, hardware, or software of the service provider or third parties used by the service provider, or other service users.

5.4.5 Information that misleads others into believing you are someone else, or that deceives the identity of service users, potentially causing damage to the rightful owner of the data, the service provider, or any other person.

5.4.6 Any document or information that violates the law or that the user does not have the legal right to use, including information that infringes copyrights, patents, trademarks, service marks, trade secrets, or any other intellectual property rights.

5.5 Prohibitions on Using the Service
The user agrees not to use the service in any of the following ways:

5.5.1 Forge or imitate others, or do anything that misleads others into believing you are an officer, employee, agent, or attorney of the service provider to gain illegal benefits.

5.5.2 Counterfeit, copy, alter, edit, or change any messages in the system or website from the original.

5.5.3 Use programs to extract data within the platform (screen scraping), data mining, robots, or data tethering techniques to retrieve information from the website without prior written consent from the company.

5.5.4 Attempt to access any part of the website without proper authority, except with express written authorization from the service provider.

5.6 Compensation in Cases Where Service Users Breach Their Duties
If the service user fails to comply with their duties, especially regarding the use of information or the service, leading to a claim against the service provider, the violating user must correct the issue and compensate the service provider for any damages incurred. This does not limit the service provider's right to make other claims under relevant laws, including claims for direct or indirect damages or expenses (including attorney's fees).

5.7 Right to Suspend or Terminate the Contract by the Service Provider
In the event of any breach of duty, the service provider has the absolute right to temporarily suspend service or terminate the contract without prior notice and without refunding any service fees.

6. Cancellation of Service
6.1 User Cancellation

6.1.1 Free Package: Users of the free package can cancel their service anytime by sending a cancellation request to support@flowaccount.com

6.1.2 Paid Annual Package: Users with a paid annual plan can cancel their service before the end of their current service period by submitting a request to stop using the service to support@flowaccount.com Cancellations will take effect on the last day of the service year in which the request is submitted.
Important: If you wish to close your account before the end of the service period, any service fees already paid are non-refundable.

6.2 Service Provider Termination

6.2.1 General Termination: The service provider reserves the right to terminate the contract at any time, with or without cause, including force majeure events. In such cases, the termination will take effect on the last day of the service period in the year the contract is terminated.

6.2.2 Breach of Service: The service provider has the right to terminate the contract if the user breaches their obligations as outlined in these Terms of Service.

7. Transfer of Rights
7.1 User Transfer
You cannot transfer your rights and obligations under this agreement to another person without written permission from the service provider.

7.2 Provider Transfer
The service provider may transfer its rights and obligations under this agreement to another company (including an affiliated company) or person. We will notify you of any such transfer, and by continuing to use the service after such notification, you will be deemed to have consented to the transfer.

8. Secrets and Intellectual Property
8.1 Confidentiality
Both parties agree to keep each other's confidential information secret. Confidential information does not include information that is: (a) already publicly known, (b) lawfully obtained from a third party without a confidentiality obligation, or (c) required to be disclosed by law, such as a court order.

8.2 Service Provider's Intellectual Property
The service provider owns the copyright and other intellectual property rights in the information, images, and display formats on its websites, unless otherwise stated. These rights are subject to the following:

8.2.1 Restrictions: You may not copy, distribute, modify, or create derivative works of this content without written permission from the service provider, except as expressly permitted in these Terms of Service.

8.2.2 User Information: Information and electronic documents in your account are your property. However, access to this information is conditioned on your full payment of the annual service fee. The service provider is granted the right to use, copy, transmit, store, or back up this information to provide the service and for your convenient access.

Important Note: The service provider cannot guarantee that user data will never be lost or damaged due to unforeseen circumstances. You are responsible for backing up your data to avoid potential loss. The service provider will not be liable for any lost or damaged data.

8.3 User's Intellectual Property
You grant the service provider and its affiliates permission to use your business name, logo, and company name in publications, media, or other marketing materials for reference purposes showcasing our customer base.

9. Service Suspension and Cancellation
9.1 Service Suspension
The service provider may temporarily suspend service for the following reasons:

9.1.1 To perform scheduled maintenance.

9.1.2 Due to unavailability of equipment needed to provide the service.

9.1.3 In the event of an operational or technical issue affecting service delivery.

9.1.4 Due to force majeure events.

9.1.5 If the user breaches these Terms of Service.
During service suspension for reasons other than user breach:
The service provider reserves the right to withhold service fee refunds for the suspension period.
The service provider will not be liable for any inconvenience caused by service suspension.

9.2 Service Cancellation
The service provider reserves the right to cancel the service, in whole or in part, without prior notice and without any liability to the user or third parties.

10. Limitation of Liability
10.1 General Disclaimer
The service is provided "as-is" and the service provider does not guarantee that the service will be free from defects, including limitations in capacity, reliability, accuracy, completeness, or security. The service provider cannot guarantee the service will be error-free or virus-free.

10.2 Limitation of Damages
The service provider will not be liable for any damages arising from the use of the service, except for damages caused by the service provider's intentional or gross negligence. In such cases, the service provider's liability will be limited to the lesser of:

• The annual service fee paid by the user, or
• The specific fees paid by the user in the year the damaging event occurred.

11. Other Terms
11.1 Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.

11.2 Language
The Thai language version of these Terms of Service controls in the event of any discrepancies between the Thai and translated versions.

11.3 Governing Law and Dispute Resolution
These Terms of Service are governed by and constructed in accordance with the laws of the Kingdom of Thailand. The courts of the Kingdom of Thailand shall have exclusive jurisdiction to resolve any disputes arising from or related to these Terms of Service.

11.4 Modifications to Terms
The service provider reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on the website.

11.5 Electronic Communication
By using the service, you consent to receive electronic communications, including emails, from the service provider. You agree that all agreements, notices, disclosures, and other communications sent to you electronically will satisfy any legal communication requirements. You are responsible for keeping your email address current with the service provider.

This Terms of Service will take effect on May 30, 2022.