8Dflow Terms of Service

1. Other terms that apply

These Terms incorporate the following documents, where applicable:

• our Privacy Policy;
• our Privacy Collection Notice;
• our Cookie Notice;
• our Acceptable Use Policy;
• our Website, Resource & Template Terms;
• our Data Processing, Security & Subprocessors terms, including the Data Processing Addendum where applicable;
• our Support Policy;
• any order form, checkout page, pricing page, in-product subscription page, or plan terms accepted by you;
• any billing portal terms, payment-provider terms, renewal notice, cancellation flow, or subscription-management page accepted or used by you.

If there is a conflict between these Terms and an order form signed by both parties, the signed order form controls for that specific order.

If documents conflict, the following order applies for the subject matter they specifically govern: a signed order form controls for that specific order; the Data Processing Addendum controls for processing Customer Personal Data; plan, checkout, invoice, or order-form terms control for plan-specific fees, features, limits, billing cycle, and subscription details; and these Terms control for general use of the Services. Mandatory rights or obligations that cannot lawfully be excluded, restricted, or modified continue to apply.

2. Business use and authority

8Dflow is intended for business use by manufacturing teams and related business users. It is not intended for personal, household, or consumer use.

You are responsible for ensuring that your use of 8Dflow is suitable for your organisation, products, customers, suppliers, contracts, internal procedures, and legal obligations.

If you create an account or accept these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

3. Accounts, admins, and users

You must provide accurate account, billing, and contact information.

You are responsible for:

• managing your account administrators and users;
• controlling access permissions;
• keeping login credentials secure;
• all activity that occurs under your account;
• promptly removing users who should no longer have access;
• ensuring users comply with these Terms and the Acceptable Use Policy;
• ensuring that billing administrators and account contacts are authorised to manage plans, users, payment details, cancellations, and subscription changes.

You must notify us promptly if you become aware of unauthorised access to your account.

4. Plans and subscriptions

8Dflow may offer a free trial, free plan, monthly subscription, annual subscription, usage-based plan, or other plan type.

Your plan, fees, billing cycle, included features, usage limits, seat limits, storage limits, renewal terms, cancellation options, and any other plan-specific terms will be shown on the applicable pricing page, checkout page, order form, invoice, or in-product subscription page.

Unless stated otherwise, paid subscriptions are provided on a monthly or annual subscription basis and renew automatically until cancelled.

If you subscribe through a signed order form, invoice arrangement, reseller, marketplace, or other approved purchasing process, the payment and renewal terms shown in that order form, invoice, marketplace, or purchasing process may also apply.

5. Free 30-day trial

8Dflow may offer a free 30-day trial.

Unless stated otherwise, the standard 8Dflow trial:

• lasts for 30 days;
• does not require a credit card;
• does not automatically convert into a paid subscription unless you choose a paid plan, provide payment details, accept an order form, or otherwise authorise payment;
• is provided for evaluation purposes;
• may include limits on users, storage, features, records, exports, support, or usage.

If your trial ends and you do not convert to a paid subscription, we may delete or disable access to trial data after 30 days, unless a different period is stated in the product, plan terms, or order form.

You are responsible for exporting any trial data you need before access ends.

We may limit Customers to one free trial per organisation unless we agree otherwise.

Trials, free plans, beta features, preview features, free tools, and early-access features are provided without service-level commitments.

6. Billing, payment, and taxes

Subscription fees are charged in advance for the billing period shown on the applicable pricing page, checkout page, invoice, order form, or in-product subscription page.

Fees are charged in the currency shown on the applicable pricing page, checkout page, invoice, or order form. If no currency is shown, fees are charged in US dollars.

By purchasing a paid subscription, providing payment details, accepting an order form, or otherwise authorising payment, you authorise 8Dflow and our payment processors to charge the applicable fees, taxes, and charges for your subscription.

If you pay by card or another online payment method, charges may be processed by a third-party payment provider. We do not intend to store full payment card numbers in 8Dflow.

If we agree to invoice you, invoices are due by the date stated on the invoice. If no due date is stated, invoices are due within 14 days of issue.

Pricing pages, checkout pages, invoices, or order forms will state whether GST, VAT, sales tax, or other applicable taxes are included or excluded. If applicable taxes are not included in the displayed price and may lawfully be charged separately, they may be added to your invoice or checkout total.

You are responsible for taxes, duties, levies, withholding taxes, transaction charges, and similar charges that apply to your purchase, except for taxes based on 8Dflow’s net income.

If a payment fails, we may retry the payment method, contact you, request updated payment details, suspend or downgrade access after reasonable notice, or terminate the subscription in accordance with these Terms.

7. Renewal and cancellation

Paid subscriptions renew automatically until cancelled.

Monthly subscriptions renew each month unless cancelled before the next renewal date.

Annual subscriptions renew each year unless cancelled before the next renewal date.

For annual subscriptions, we will use reasonable efforts to send a renewal reminder to the email address associated with your account a reasonable period before each renewal date.

You may cancel your subscription at any time through the account settings, billing portal, or any other cancellation method we make available. If you cannot access those methods, you may contact us at support@8dflow.com.

Cancellation stops future renewals. Unless stated otherwise, cancellation does not immediately end your current paid subscription period.

For monthly subscriptions, cancellation takes effect at the end of the current monthly billing period.

For annual subscriptions, cancellation takes effect at the end of the current annual billing period.

You will continue to have access to the paid features included in your plan until the end of the current paid subscription period, unless your account is suspended or terminated under these Terms.

Not using 8Dflow, not logging in, or removing users does not cancel your subscription.

Where required by law or where reasonably practicable, we may send renewal, billing, or account notices to the email address associated with your account. You are responsible for keeping billing and account contact details current.

8. Refunds and credits

The free 30-day trial does not require payment, so no refund is needed if you decide not to continue.

Except where required by law or expressly stated in these Terms, your plan terms, checkout page, order form, or invoice:

• subscription fees are non-refundable once paid;
• there are no pro-rata refunds for partial billing periods;
• there are no refunds or credits for unused time, unused users, unused features, unused storage, unused records, unused exports, unused support, or lack of use;
• downgrades take effect from the next billing period or renewal date, unless stated otherwise;
• unused usage, records, storage, seats, or other plan allowances do not carry over to future billing periods.

If you accidentally renew a paid subscription and want a refund, contact us at support@8dflow.com within 7 days after the renewal charge.

We may provide an accidental-renewal refund or credit if:

• the request is made within 7 days after the renewal charge;
• the renewal was not intended;
• there has been no material use of the renewed subscription after the renewal date;
• the request is not part of repeated or abusive refund behaviour;
• we are able to process the refund through the relevant payment method or payment provider.

For this purpose, material use may include creating, editing, exporting, sharing, approving, or materially changing records, reports, workflows, users, or Customer Data after the renewal date. Merely viewing the account, exporting existing data for cancellation purposes, or contacting support about cancellation will not normally count as material use.

If we approve an accidental-renewal refund, we may cancel or disable the renewed subscription and return the refunded account to the status it would have had if cancellation had occurred before renewal.

Refunds are usually made to the original payment method, where possible. Taxes, fees, exchange rates, processing times, and payment-provider rules may affect the amount or timing of a refund.

If 8Dflow discontinues the service or terminates a paid subscription for convenience during a prepaid subscription period, and you are not in breach of these Terms, we will provide a pro-rata refund or credit for unused prepaid fees for the discontinued portion of the subscription, unless we provide a substantially similar replacement service or applicable law allows otherwise.

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, warranties, remedies, refunds, or credits that cannot lawfully be excluded, restricted, or modified.

9. Plan changes, upgrades, downgrades, limits, and fair use

You may be able to upgrade, downgrade, add users, remove users, change plans, or change billing periods through the product, billing portal, checkout process, or by contacting us.

If you upgrade or add paid users, features, storage, usage, or other paid capacity, the change may take effect immediately or as stated at the time of change. Any additional charges will be shown before confirmation or included in an applicable order form or invoice.

If you downgrade, remove users, reduce usage, or reduce your subscription commitment, the change will usually take effect at the next billing period or renewal date, unless stated otherwise.

Downgrading may cause loss of access to features, limits, records, storage, exports, reports, support levels, or functionality included in your previous plan. You are responsible for exporting or preserving Customer Data before downgrading if the downgrade may affect access.

Plan limits may apply to users, seats, workspaces, records, reports, exports, templates, storage, attachments, AI-assisted features, support, API usage, integrations, or other features.

If your use exceeds plan limits or creates unreasonable load, cost, risk, or disruption, we may contact you, require you to reduce usage, require you to upgrade, apply reasonable technical limits, restrict affected features, or charge additional fees where those fees are disclosed and accepted by you.

If a feature is described as “unlimited,” that feature remains subject to these Terms, technical limits, reasonable use, fair use, security controls, and restrictions designed to protect 8Dflow, other customers, and the service.

10. Product scope and customer responsibility

8Dflow is browser-based workflow and documentation software for practical manufacturing quality activities such as:

• 8D reports;
• NCRs;
• SCARs;
• corrective actions;
• containment actions;
• evidence tracking;
• owners and due dates;
• approvals;
• comments and workflow history;
• report exports and PDFs.

8Dflow is designed to help teams organise, manage, and document quality workflows.

8Dflow is not:

• a full quality management system;
• a regulated CAPA system;
• a substitute for your internal quality system;
• a substitute for qualified quality, engineering, regulatory, legal, supplier-management, or product-safety advice;
• a certification, audit, or compliance service;
• a guarantee that your organisation will meet any customer, supplier, audit, certification, legal, regulatory, contractual, or internal requirement.

You are responsible for all decisions and actions relating to:

• root cause;
• containment;
• corrective actions;
• preventive actions;
• verification of effectiveness;
• product release;
• product safety;
• customer communications;
• supplier communications;
• NCR, SCAR, and 8D content;
• evidence selection;
• approvals;
• deadlines;
• reporting;
• compliance with your contracts, standards, procedures, and laws.

8Dflow helps document and manage workflows. It does not make quality, engineering, product-safety, regulatory, supplier, customer, or compliance decisions for you.

11. No compliance guarantee

8Dflow does not guarantee that your use of the service, templates, reports, workflows, approvals, exports, or PDFs will satisfy any:

• law or regulation;
• customer requirement;
• supplier requirement;
• audit requirement;
• certification requirement;
• industry standard;
• quality standard;
• internal procedure;
• contractual obligation.

You are responsible for reviewing and validating your own processes, documents, decisions, and outputs.

12. Customer Data

“Customer Data” means information, content, files, records, comments, attachments, evidence, reports, user details, workflow history, and other materials submitted to or created in 8Dflow by you or your users.

You own Customer Data. We do not claim ownership of Customer Data.

You grant 8Dflow a limited right to host, process, transmit, display, copy, back up, secure, analyse, and otherwise use Customer Data as needed to:

• provide 8Dflow;
• maintain and secure the service;
• provide support;
• troubleshoot issues;
• comply with law;
• enforce these Terms;
• improve the service, provided that any aggregated or de-identified use does not identify you, your users, or your confidential business information.

You are responsible for Customer Data, including its accuracy, completeness, quality, legality, and suitability for your intended use.

13. Accuracy of records and reports

Records, dashboards, approvals, reminders, exports, PDFs, and reports generated by 8Dflow depend on the information entered by you and your users.

8Dflow does not independently verify the accuracy, completeness, technical correctness, evidence quality, customer acceptance, supplier acceptance, audit acceptance, certification suitability, or compliance of any Customer Data, report, export, PDF, workflow, approval, or record.

You must review outputs before relying on them or sharing them with customers, suppliers, auditors, regulators, employees, contractors, or other third parties.

14. Templates, examples, and resources

8Dflow may provide templates, examples, checklists, prompts, workflow suggestions, sample fields, report formats, guides, blog posts, or other resources.

These materials are general starting points only. They may not fit your products, customers, suppliers, industry, standards, contracts, legal obligations, or internal procedures.

You are responsible for reviewing, adapting, approving, and validating any template, example, checklist, workflow, or resource before use.

Templates and resources are not legal, regulatory, engineering, quality-system, audit, certification, product-safety, or compliance advice.

15. AI-assisted features

8Dflow may offer AI-assisted features, such as drafting, summarising, organising, rewriting, classifying, or suggesting text.

If 8Dflow offers AI-assisted features, those features are designed as drafting and productivity aids only. They are not designed to determine root cause, make quality decisions, approve corrective actions, verify effectiveness, decide containment, determine product release, certify compliance, replace human review, or replace qualified quality, engineering, regulatory, legal, supplier-management, or product-safety judgement.

AI outputs may be inaccurate, incomplete, outdated, biased, or unsuitable for your use case. You must review, verify, edit, and approve all AI-assisted outputs before relying on them or sharing them.

You are responsible for all inputs you provide to AI-assisted features and all outputs you choose to use.

You must not enter information into AI-assisted features unless you have the right to do so and unless the information is appropriate for that feature.

Unless a product feature, order form, Data Processing Addendum, or separate written agreement expressly states otherwise, 8Dflow does not use Customer Data to train third-party foundation models and does not permit third-party AI providers to use Customer Data to train their general models.

Unless a product feature, order form, Data Processing Addendum, or separate written agreement expressly states otherwise, 8Dflow does not use Customer Data to train 8Dflow proprietary AI or machine-learning models.

This does not prevent 8Dflow from using aggregated or de-identified usage information to understand and improve the Services, provided that information does not identify a Customer, User, individual, or confidential business information.

Where AI-assisted features involve third-party providers, the processing of inputs and outputs is described in our Privacy Policy and Data Processing, Security & Subprocessors terms.

16. PDFs, exports, and customer-facing reports

8Dflow may allow you to generate, download, export, or share reports, PDFs, summaries, records, and other outputs.

These outputs are based on Customer Data.

You are responsible for reviewing all outputs before using them or sending them to customers, suppliers, auditors, regulators, employees, contractors, or other third parties.

8Dflow does not guarantee that any PDF, export, report, or customer-facing document will be accepted by any customer, supplier, auditor, regulator, certification body, or other third party.

17. Approvals

8Dflow may include approval, review, sign-off, status, or workflow-history features.

These features are intended to help record workflow activity inside 8Dflow.

Unless we expressly state otherwise in writing, approval features are not:

• certified electronic signatures;
• regulated approval controls;
• a substitute for your internal approval procedures;
• a substitute for customer, supplier, regulatory, or certification approval requirements;
• a guarantee that a record, report, action, or decision has been properly approved.

You are responsible for determining what approvals are required and whether 8Dflow’s workflow records are suitable for your intended use.

18. Due dates, reminders, and notifications

8Dflow may include due dates, reminders, notifications, assignments, and status indicators.

These are convenience features only.

You remain responsible for monitoring and meeting all deadlines, commitments, customer obligations, supplier obligations, internal procedures, and legal or regulatory requirements.

We do not guarantee that notifications or reminders will always be delivered, received, opened, or acted on.

19. Acceptable use and falsified records

You and your users must comply with our Acceptable Use Policy.

You must not use 8Dflow to create, store, submit, export, or distribute records, evidence, approvals, reports, NCRs, SCARs, corrective actions, supplier communications, customer communications, or customer submissions that you know are false, misleading, deceptive, fraudulent, or materially incomplete in a way intended to mislead another person or organisation.

You must not use 8Dflow to falsify inspection records, quality records, approval records, evidence files, supplier records, customer reports, corrective-action verification, or related documentation.

20. Prohibited data

You must comply with the Prohibited Data section of our Acceptable Use Policy. That section contains the primary list of data that must not be submitted to or stored in 8Dflow unless we expressly agree in writing.

Without limiting the Acceptable Use Policy, you must not submit to 8Dflow data that requires legal, regulatory, contractual, technical, or security controls that are not supported by your plan or by 8Dflow.

You are responsible for determining whether Customer Data is appropriate for use with 8Dflow.

8Dflow is not intended for highly regulated, highly sensitive, special category, export-controlled, classified, payment-card, or secret credential data unless we expressly support that use in writing.

21. Restricted use, sanctions, and export controls

You represent that you and your Users are not prohibited from using 8Dflow under applicable sanctions, trade control, export control, anti-bribery, anti-corruption, anti-money-laundering, or similar laws.

You must not access or use 8Dflow in breach of applicable sanctions, trade control, export control, anti-bribery, anti-corruption, anti-money-laundering, or similar laws.

You must not upload, store, process, export, or share export-controlled technical data through 8Dflow unless 8Dflow expressly supports that use in writing and you have all required rights, permissions, licences, and approvals.

We may restrict, suspend, or terminate access where we reasonably believe use of 8Dflow may breach applicable sanctions, trade control, export control, anti-bribery, anti-corruption, anti-money-laundering, or similar laws.

22. Security

8Dflow uses reasonable technical and organisational safeguards designed to protect Customer Data.

However, no online service can guarantee complete security, uninterrupted availability, or error-free operation.

You are responsible for using strong authentication practices, managing user access, protecting credentials, reviewing permissions, and maintaining appropriate backups or exports for your business needs.

23. Security incidents

A “Security Incident” means a confirmed unauthorised access to, acquisition of, disclosure of, loss of, or misuse of Customer Data under 8Dflow’s control.

If we confirm a Security Incident involving Customer Data, we will notify affected Customers without undue delay, taking into account applicable law, the needs of any investigation, security measures, and the information reasonably available to us.

Our notice may include, where reasonably available:

• a description of the incident;
• the categories of Customer Data involved;
• steps we have taken or plan to take;
• steps we recommend you take;
• a contact point for follow-up.

We are not required to notify you of unsuccessful security attempts, routine security events, or events that do not affect Customer Data.

Where applicable data protection laws require additional breach notification or assistance, those obligations are handled under our Data Processing Addendum.

Where 8Dflow processes personal data on behalf of a Customer, breach notification is governed by the Personal Data Breach provisions of our Data Processing Addendum, which apply the standard required by applicable Data Protection Laws.

24. Availability and service changes

We aim to provide a reliable service, but 8Dflow may be unavailable from time to time due to maintenance, updates, outages, security issues, third-party service issues, or events outside our control.

Unless a separate written SLA applies, 8Dflow does not provide an uptime guarantee or service credit.

We may modify, improve, add, remove, or discontinue features from time to time. We will use reasonable efforts to avoid materially reducing core paid functionality during a current subscription period without reasonable notice.

25. Support

Support is provided according to our Support Policy or the support terms included in your plan.

8Dflow support helps customers use the product. Support does not include legal, regulatory, engineering, product-safety, certification, audit, root-cause, supplier-management, or quality-system consulting.

Any response times stated in a Support Policy are targets only and are not service-level commitments unless a separate written SLA applies.

26. Third-party services

8Dflow may rely on or integrate with third-party services, such as hosting providers, payment processors, email providers, analytics providers, support tools, AI providers, authentication providers, or integration partners.

Third-party services may be subject to their own terms, policies, availability, security practices, and data handling practices.

We are not responsible for third-party services that we do not control.

Payment processing may be handled by third-party payment providers, and their terms and privacy practices may apply to payment-related processing.

27. Customer systems and integrations

You are responsible for your own systems, networks, devices, browsers, internet connection, configurations, integrations, and third-party tools.

You are responsible for ensuring that any integrations, imports, exports, downloads, or shared reports are suitable for your intended use.

28. Suspension

We may suspend access to all or part of 8Dflow if we reasonably believe:

• you have not paid fees when due;
• a payment fails and is not resolved after reasonable notice;
• a chargeback, payment dispute, suspected fraud, or payment-risk issue occurs;
• you or your users have breached these Terms or the Acceptable Use Policy;
• your use creates a security, legal, operational, privacy, or reputational risk;
• your account has been compromised;
• suspension is required by law;
• your use may harm 8Dflow, other customers, users, third parties, or the service;
• Customer Data or activity appears fraudulent, unlawful, misleading, or abusive.

Where reasonable, we will give notice and an opportunity to resolve the issue before suspension. However, we may suspend immediately where needed to protect security, comply with law, prevent harm, prevent misuse, or protect 8Dflow, customers, users, or third parties.

Suspension does not cancel your subscription or remove your obligation to pay fees that are due, unless required by law or expressly agreed by 8Dflow.

During suspension, access to Customer Data may be limited. Where reasonably practicable and safe, we may allow limited access for export or account administration.

29. Termination

You may cancel your subscription as described in the Renewal and cancellation section.

We may terminate your account, subscription, or access to 8Dflow if:

• you materially breach these Terms and do not fix the breach within the period stated in our notice;
• you fail to pay fees when due and do not resolve the issue after reasonable notice;
• your use creates a legal, security, privacy, operational, or reputational risk;
• your account or Customer Data is used for fraudulent, unlawful, misleading, or abusive activity;
• we discontinue the service or relevant plan;
• we are required to do so by law.

For material breaches that can reasonably be fixed, we will usually provide notice and a reasonable opportunity to fix the issue. We may terminate or suspend immediately where needed to protect security, comply with law, prevent harm, prevent misuse, or protect 8Dflow, customers, users, or third parties.

If you terminate or cancel for convenience, fees are not refunded except as stated in the Refunds and credits section or as required by law.

If we terminate your paid subscription for your breach, misuse, non-payment, fraud, or unlawful activity, fees are not refunded except as required by law.

If we terminate a paid subscription for convenience during a prepaid subscription period and you are not in breach of these Terms, we will provide a pro-rata refund or credit for unused prepaid fees for the discontinued portion of the subscription, unless we provide a substantially similar replacement service or applicable law allows otherwise.

Termination does not affect rights or obligations that arose before termination.

The following sections survive termination or expiry of these Terms to the extent relevant: Section 6 (Billing, payment, and taxes), Section 8 (Refunds and credits), Section 12 (Customer Data), Section 29 (Termination), Section 30 (Data export and deletion), Section 31 (8Dflow intellectual property), Section 32 (Customer intellectual property), Section 33 (Customer outputs), Section 34 (Feedback), Section 35 (Confidentiality), Section 36 (Privacy and data protection), Section 37 (Disclaimers), Section 38 (Limitation of liability), Section 39 (Indemnity), Section 40 (Non-excludable rights), Section 41 (Disputes and governing law), Section 44 (Notices), Section 45 (Assignment), Section 46 (Severability), and any other terms that by their nature should survive.

30. Data export and deletion

During your paid subscription, you may export only Customer Data made available through the export features included in your plan.

Export functionality may not include all Customer Data, attachments, workflow history, system information, logs, metadata, configuration, or other information.

You must export any available Customer Data you need before your paid subscription period ends.

If you cancel a paid subscription, you may continue to access available Customer Data until the end of the current paid subscription period, unless your account is suspended or terminated under these Terms.

When the paid subscription period ends, access to Customer Data may be limited or disabled. No post-termination access or export period is guaranteed unless 8Dflow agrees otherwise in writing or applicable law requires it.

If a free trial or free plan ends and you do not convert to a paid subscription, we may delete or disable access to trial or free-plan data after 30 days, unless a different period is stated in the product, plan terms, or order form.

If 8Dflow terminates a paid subscription for convenience or discontinues the service during a prepaid subscription period and you are not in breach of these Terms, 8Dflow will provide access until the end of the paid subscription period or a reasonable opportunity to export available Customer Data, and any applicable pro-rata refund or credit as provided by these Terms.

After the applicable period, we may delete or disable access to Customer Data, subject to backup retention, legal obligations, security requirements, dispute resolution, and legitimate business recordkeeping.

Backups may persist temporarily under normal backup, security, legal-retention, and disaster-recovery practices before deletion.

Where the Data Processing Addendum applies and conflicts with this section, the Data Processing Addendum controls for personal data processed on behalf of a Customer.

31. 8Dflow intellectual property

8Dflow and its software, user interface, design, workflows, templates, examples, documentation, website content, branding, logos, features, and underlying technology are owned by 8Dflow or its licensors.

These Terms do not transfer ownership of 8Dflow intellectual property to you.

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use 8Dflow for your internal business purposes during your subscription.

You must not:

• copy, modify, reverse engineer, decompile, or attempt to extract source code from 8Dflow, except to the extent these restrictions are prohibited by applicable law;
• resell, sublicense, rent, lease, or commercially exploit 8Dflow except as expressly permitted;
• remove proprietary notices;
• use 8Dflow to build a competing product;
• misuse our templates, website content, or resources outside the permissions we provide.

32. Customer intellectual property

You retain ownership of Customer Data and your pre-existing materials.

You are responsible for ensuring that you have all rights needed to submit, use, process, upload, share, and export Customer Data through 8Dflow.

33. Customer outputs

As between you and 8Dflow, you own Customer Data included in reports, PDFs, exports, records, and other outputs generated through 8Dflow.

Subject to these Terms, you may use, download, export, share, and submit your completed reports, PDFs, exports, records, and other outputs for your internal business purposes and for communications with your customers, suppliers, auditors, employees, contractors, and other relevant third parties.

Subject to these Terms, you may adapt 8Dflow templates and examples for use within your own quality processes and incorporate them into your completed records, reports, PDFs, exports, and outputs for your internal business purposes and for communications with your customers, suppliers, auditors, employees, contractors, and other relevant third parties.

You must not distribute or make 8Dflow templates or examples available to others as standalone templates, standalone resources, template libraries, resource libraries, or competing materials.

8Dflow retains ownership of the underlying software, templates, examples, workflows, formats, layouts, user interface, documentation, website content, and other 8Dflow intellectual property used to generate those outputs.

You must not extract, copy, scrape, crawl, bulk-download, harvest, resell, sublicense, commercially redistribute, or systematically use 8Dflow templates, examples, workflows, formats, layouts, website content, documentation, resources, or other 8Dflow materials to create, train, develop, benchmark, improve, or operate any competing artificial-intelligence, machine-learning, template, resource, database, software, or workflow product or service.

You must also comply with the template, resource, export, and intellectual-property restrictions in our Acceptable Use Policy, including restrictions on scraping, crawling, bulk download, harvesting, commercial redistribution, and use of 8Dflow materials to train, fine-tune, benchmark, develop, improve, or operate competing artificial-intelligence, machine-learning, template, resource, database, software, or workflow products or services.

Nothing in this section gives 8Dflow ownership of Customer Data or your pre-existing materials.

34. Feedback

You may provide suggestions, ideas, comments, improvements, or other feedback about 8Dflow.

We may use feedback without restriction or compensation to you, provided we do not disclose your confidential information in doing so.

35. Confidentiality

Each party may receive confidential information from the other.

Confidential information includes non-public business, technical, financial, product, security, customer, supplier, manufacturing, quality, and operational information that a reasonable person would understand to be confidential.

Each party must use the other party’s confidential information only for purposes related to these Terms and must protect it using reasonable care.

Confidentiality obligations do not apply to information that:

• is or becomes public through no fault of the receiving party;
• was already known without confidentiality obligations;
• is independently developed without use of the confidential information;
• is lawfully received from a third party without confidentiality obligations;
• must be disclosed by law, court order, or regulator, provided the receiving party gives notice where legally permitted.

36. Privacy and data protection

Our Privacy Policy explains how we collect, use, disclose, and protect personal information.

Where 8Dflow processes personal data on behalf of a Customer under applicable data protection laws, our Data Processing Addendum applies.

You are responsible for ensuring that you have the right to submit personal information to 8Dflow and to instruct us to process it.

You are also responsible for providing any notices and obtaining any consents required from your users, employees, contractors, suppliers, customers, or other individuals whose personal information is included in Customer Data.

If an individual exercises privacy or data protection rights in relation to Customer Data that you control, you are responsible for responding to that request. Where required by applicable data protection laws and our Data Processing Addendum, we will provide reasonable assistance.

37. Disclaimers

To the maximum extent permitted by law, 8Dflow is provided on an “as is” and “as available” basis.

We do not warrant that:

• 8Dflow will be uninterrupted, error-free, or available at all times;
• all defects will be corrected;
• Customer Data will always be accurate, complete, or suitable;
• reports, PDFs, exports, templates, or AI-assisted outputs will meet your requirements;
• 8Dflow will satisfy any customer, supplier, audit, certification, legal, regulatory, contractual, or internal requirement;
• 8Dflow will prevent quality issues, defects, recalls, missed deadlines, supplier disputes, customer disputes, audit findings, or compliance failures.

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, warranties, or remedies that cannot lawfully be excluded, restricted, or modified.

38. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, production, contracts, anticipated savings, or data where that loss is indirect or consequential, whether arising in contract, tort, negligence, statute, or otherwise.

To the maximum extent permitted by law, 8Dflow is not liable for losses arising from:

• Customer Data entered by you or your users;
• inaccurate, incomplete, misleading, or unsuitable records or reports;
• quality, engineering, supplier, customer, product-safety, root-cause, corrective-action, verification, approval, release, or compliance decisions;
• missed deadlines, missed reminders, or failed notifications;
• customer, supplier, auditor, regulator, or third-party rejection of a report, PDF, export, or record;
• use of templates, examples, resources, or AI-assisted outputs without appropriate review;
• third-party services;
• unauthorised access caused by your failure to manage users, permissions, credentials, devices, or systems.

Except for:

• Customer payment obligations;
• either party’s fraud;
• either party’s wilful misconduct;
• either party’s deliberate infringement of another person’s intellectual-property rights; and
• liability that cannot lawfully be limited,

each party’s total aggregate liability arising out of or relating to these Terms, including liability under Section 39, is limited to:

• for paid subscriptions, the amounts paid or payable by Customer to 8Dflow for the service in the 12 months before the event giving rise to the claim; and
• for free trials, free plans, beta features, preview features, free tools, or other unpaid use, USD $100.

Nothing in this section excludes, restricts, or modifies any rights, guarantees, warranties, remedies, liabilities, refunds, or credits that cannot lawfully be excluded, restricted, or modified.

39. Indemnity

You agree to indemnify 8Dflow against third-party claims, losses, liabilities, damages, costs, and reasonable legal fees to the extent caused by:

• your material breach of these Terms or the Acceptable Use Policy;
• your unlawful use of 8Dflow;
• your infringement of third-party rights;
• your fraud or wilful misconduct; or
• records, evidence, reports, exports, approvals, or submissions that you know are false, misleading, deceptive, fraudulent, or materially incomplete and that you intend to use to mislead.

This indemnity does not apply to the extent a claim is caused by 8Dflow’s breach of these Terms, negligence, fraud, or wilful misconduct.

This Section 39 is subject to the liability cap in Section 38, except to the extent the relevant claim results from Customer fraud, Customer wilful misconduct, deliberate infringement of third-party intellectual-property rights, or liability that cannot lawfully be limited.

Where we seek indemnification from you, we will give you notice of the relevant third-party claim within a reasonable time after becoming aware of it, allow you to control the defence and settlement of the claim where appropriate, and provide reasonable cooperation at your expense. You must not settle any claim in a way that admits fault by 8Dflow, imposes obligations on 8Dflow, restricts 8Dflow’s business, or requires 8Dflow to make a payment without our prior written consent, not to be unreasonably withheld. Failure to give prompt notice does not relieve you of your indemnity obligations except to the extent you are materially prejudiced by the delay.

40. Non-excludable rights

Some laws provide rights, guarantees, warranties, or remedies that cannot be excluded, restricted, or modified.

Nothing in these Terms excludes, restricts, or modifies those non-excludable rights.

Where we are permitted to limit a remedy for breach of a non-excludable guarantee, our liability is limited, at our option, to resupplying the service, paying the cost of having the service supplied again, providing a refund or credit, or another remedy permitted by applicable law.

41. Disputes and governing law

Before starting formal proceedings, each party must try to resolve disputes in good faith by giving written notice of the dispute and allowing at least 30 days for discussion.

This does not prevent either party from seeking urgent injunctive or equitable relief where appropriate.

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the courts of Queensland, Australia, except where applicable law requires otherwise.

42. Force majeure

Neither party is responsible for delay or failure to perform obligations, other than payment obligations, caused by events beyond reasonable control.

These may include natural disasters, war, terrorism, labour disputes, internet or hosting failures, power failures, government actions, epidemics, third-party service failures, or malicious cyber activity that is not caused by the affected party’s failure to use reasonable safeguards required by these Terms.

43. Changes to these Terms

We may update these Terms from time to time.

If we make material changes, we will take reasonable steps to notify affected Customers, such as by email, in-product notice, or posting an updated version on our website.

The updated Terms will apply from the effective date stated in the notice or updated Terms.

For existing paid subscriptions, changes that materially reduce your rights or materially increase your obligations will not apply during the current paid subscription period unless:

• you agree to the change;
• the change is required by law;
• the change is needed for security, privacy, fraud-prevention, or operational reasons;
• the change relates to a new feature, beta feature, optional feature, or new plan;
• the change does not materially disadvantage you.

Material pricing changes for existing paid subscriptions will apply only from the next renewal period, and we will provide at least 30 days’ notice before they apply, unless the change is due to taxes, currency changes, legal requirements, payment-provider changes, third-party cost changes, or changes outside our reasonable control.

If you do not agree to updated Terms that apply at renewal, you may cancel your subscription before the renewal date.

Your continued use of 8Dflow after updated Terms take effect means you accept the updated Terms, except where applicable law requires a different process.

44. Notices

We may send notices to the email address associated with your account, through in-product messages, or by posting notices on our website.

You are responsible for keeping your account and billing contact details current.

45. Assignment

You may not assign or transfer these Terms without our prior written consent, except as part of a merger, acquisition, corporate reorganisation, or sale of substantially all assets, provided the assignee agrees to these Terms.

We may assign these Terms as part of a merger, acquisition, corporate reorganisation, sale of assets, or transfer to an affiliate.

46. Severability

If any part of these Terms is found invalid, unlawful, or unenforceable, the remaining parts continue in effect.

The invalid or unenforceable part will be interpreted or replaced to the extent needed to make it valid and enforceable while preserving its intended effect as far as possible.

47. Entire agreement

These Terms, together with the documents incorporated by reference and any applicable order form, form the entire agreement between you and 8Dflow about the service.

They replace any prior discussions, proposals, or agreements about the service.

48. Contact

Questions about these Terms can be sent to:

8Dflow Pty Ltd
64A Burnett Street
Buderim QLD 4558
Australia
Email: legal@8dflow.com