Terms of Service

1. Definitions

In these Terms:

• "We", "us", "our" means NAASH CONSULTING PTY LTD (ABN 82 621 961 985), trading as Flow Advisory Group.
• "You", "your" means the individual or organisation accessing our services.
• "Platforms" means flow-health.flowadvisorygroup.com and ai-roi.flowadvisorygroup.com.
• "Services" means the Flow ROI Diagnostic, AI ROI Diagnostic, free assessment tools, and consulting services.
• "Content" means all reports, scores, assessments, benchmarks, methodologies, algorithms, question sets, and other materials produced by or made available through our Services.
• "Assessment Data" means the responses you input into our diagnostic platforms.

2. Acceptance and Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have authority to bind the organisation on whose behalf you are using the Services
• Your use of the Services does not violate any applicable law or regulation
• All information you provide is accurate and complete

Our Services are intended for use by business professionals and organisations. They are not intended for personal, household, or consumer use.

3. Account Registration and Security

3.1 Account Creation

Access to our paid platforms requires account registration. You must provide accurate information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.2 Credential Security

You must not share your account credentials with third parties. If you suspect unauthorised access to your account, you must notify us immediately at hello@flowadvisorygroup.com. We are not liable for any loss or damage arising from your failure to maintain credential security.

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms, for fraudulent purposes, or where required to do so by law.

4. Subscriptions, Payments, and Refunds

4.1 Pricing

All prices are in Australian Dollars (AUD) and exclude GST unless stated otherwise. Current pricing:

• Flow ROI Diagnostic Starter: $490 AUD one-time
• Flow ROI Diagnostic Growth: $990 AUD per quarter
• AI ROI Diagnostic Starter: $497 AUD one-time
• AI ROI Diagnostic Growth: $1,497 AUD per quarter
• Enterprise plans: custom pricing on application

We reserve the right to change pricing with 30 days notice to existing subscribers.

4.2 Payment Processing

Payments are processed by Stripe, Inc. By completing a purchase, you also agree to Stripe's Terms of Service. We do not store your payment card details.

4.3 Subscriptions and Renewal

Growth tier subscriptions renew automatically at the end of each quarterly billing period. You will be charged the then-current Growth tier price unless you cancel before the renewal date. Cancellation takes effect at the end of the current paid period, you retain full access until that date.

4.4 Refund Policy

We offer refunds in the following circumstances:

• Technical failure: If a completed assessment fails to produce results due to a platform error, we will provide a full refund or credit at your election.
• Cancellation within 48 hours: If you have not yet completed an assessment, you may request a full refund within 48 hours of purchase by contacting hello@flowadvisorygroup.com.
• Completed assessments: Once you have accessed your scored results, refunds are not available as the service has been delivered.
• Subscription refunds: Partial refunds for unused subscription time are not provided, except where required by Australian Consumer Law.

Nothing in this refund policy limits your rights under the Australian Consumer Law. If our services have a major failure, you are entitled to a remedy under the Australian Consumer Law regardless of this policy.

5. Intellectual Property

5.1 Our Intellectual Property

The following are the exclusive intellectual property of NAASH CONSULTING PTY LTD and are protected by Australian and international intellectual property law:

• The Flow ROI Diagnostic scoring methodology, dimension weights, benchmark calibrations, and scoring algorithms
• The AI ROI Diagnostic condition framework, RAG scoring logic, and intervention prioritisation methodology
• All question sets, assessment instruments, and survey designs used in our platforms
• Report templates, visual designs, and formatting
• Brand names "Flow Advisory Group", "Flow ROI Diagnostic", "AI ROI Diagnostic", and associated logos
• All software, code, and platform architecture

5.2 Your Data

You retain ownership of your Assessment Data (the responses you input). By submitting Assessment Data, you grant us a non-exclusive, royalty-free licence to process your data for the purpose of delivering our Services and, in anonymised, non-attributable aggregate form, for benchmarking and product improvement.

5.3 Reports and Results

Upon payment of the applicable fee, we grant you a non-exclusive, non-transferable licence to use the reports, scores, and other output generated from your Assessment Data for your internal business purposes. You may share reports within your organisation and with advisers acting on your behalf, subject to appropriate confidentiality obligations.

5.4 Prohibited Uses of Our IP

You must not, without our prior written consent:

• Reproduce, copy, resell, or redistribute our scoring methodology, question sets, or report formats
• Use our methodology to create a competing product or service
• Reverse engineer our scoring algorithms
• Remove or alter any intellectual property notices, watermarks, or proprietary markings from our reports
• Present our reports or methodology as your own or as the work of a third party
• Use our brand names or trademarks without prior written permission

6. Acceptable Use

You agree not to use our Services to:

• Submit false, misleading, or fraudulent Assessment Data with the intent to manipulate results
• Attempt to gain unauthorised access to our systems, databases, or other users' accounts
• Conduct automated scraping, crawling, or data extraction from our platforms
• Transmit malicious code, viruses, or other harmful software
• Interfere with or disrupt the integrity or performance of our Services
• Use our Services in a manner that violates any applicable law or regulation
• Impersonate any person or organisation or misrepresent your affiliation

7. Disclaimer of Warranties

We specifically disclaim all warranties including but not limited to:

• Accuracy of results: Diagnostic results are based entirely on the information you provide. We make no representation that results accurately reflect your organisation's actual performance.
• Business outcomes: We do not warrant that following our recommendations will produce any particular business result. Actual outcomes depend on factors outside our control.
• ROI projections: Financial projections in our reports use published industry benchmarks and conservative recovery assumptions. They are indicative estimates, not financial forecasts, guarantees of return, or investment advice.
• Benchmark accuracy: Our benchmarks are calibrated against published third-party research and our completed engagements. Benchmarks may not reflect current market conditions.
• Service availability: We do not guarantee uninterrupted, error-free access to our platforms.

8. Limitation of Liability

To the maximum extent permitted by the Australian Consumer Law and other applicable legislation:

8.1 Cap on Liability

Our total aggregate liability to you for any and all claims arising from or related to these Terms or our Services is limited to the greater of: (a) the total fees paid by you to us in the 12 months preceding the claim; or (b) AUD $500.

8.2 Exclusion of Consequential Loss

We are not liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, including but not limited to: loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, or cost of substitute services, even if we have been advised of the possibility of such damages.

8.3 Third-Party Services

We are not liable for any failure, error, or breach by third-party service providers (Stripe, DigitalOcean, Resend, or others) that affects our Services, provided we have taken reasonable steps to select reputable providers.

8.4 Consumer Law Preservation

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law. Where our liability cannot be excluded, it is limited to the extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless NAASH CONSULTING PTY LTD, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property or other rights
• Any false or fraudulent information you provide through our Services
• Any claim by a third party arising from your use of our reports or results

10. Confidentiality

Reports and results generated by our platforms are confidential to your organisation. We treat your Assessment Data as confidential and will not disclose it to third parties except as described in our Privacy Policy or as required by law.

If you engage us for consulting services, a separate confidentiality agreement (mutual NDA) will be executed before any engagement begins.

11. Consulting Services

Where you engage us for Phase 1 or Phase 2 consulting services:

• Consulting engagements are governed by a separate Statement of Work (SOW) agreed in writing before work begins
• The SOW takes precedence over these Terms for matters specific to the consulting engagement
• These Terms apply to the extent not superseded by the SOW
• A diagnostic (Flow Health or AI ROI) is a prerequisite for all consulting engagements

12. Termination

12.1 Termination by You

You may cancel a subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access until that date.

12.2 Termination by Us

We may terminate or suspend your account immediately, without notice, if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. In cases of breach, no refund will be provided for any unused subscription period.

12.3 Effect of Termination

Upon termination: your right to access the platform ceases; your Assessment Data will be retained for the period described in our Privacy Policy; any outstanding payment obligations survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any disputes arising from or related to these Terms.

13.1 Dispute Resolution Process

Before commencing any legal proceedings, you agree to:

1. Notify us in writing of the nature and details of the dispute
2. Allow us 14 business days to respond and attempt resolution
3. If unresolved, participate in mediation through a mutually agreed mediator before commencing litigation

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Statement of Work, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements, representations, or understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a business transfer or acquisition.

14.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, third-party infrastructure failures, or cyber attacks.

15. Changes to These Terms

We may update these Terms from time to time. We will provide registered users with at least 14 days notice of material changes by email before the new Terms take effect. Continued use of our Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our Services and may cancel your subscription.

16. Contact