Billing and Liability Policy

Last updated: December 27, 2024

Applicable to all FlowSOP subscriptions

1. Service Purpose

FlowSOP is a SaaS platform providing digital tools for creating, managing, and executing missions and standard operating procedures (SOPs).

FlowSOP acts exclusively as organizational, traceability, and documentation software, and does not execute any missions on behalf of the client.

2. Billing and Subscriptions

2.1 Subscriptions

FlowSOP services are provided as monthly or annual subscriptions, billed in advance via Stripe.

Subscriptions are:

  • non-transferable
  • non-refundable, except as otherwise provided by applicable law

2.2 Free Trials

When a free trial is offered:

  • It allows evaluation of the platform without commitment
  • No performance or fitness for a specific purpose guarantee is provided during the trial
  • Data entered during the trial remains the client's responsibility

2.3 Taxes

Billed amounts do not include applicable taxes (GST, QST, or others), which are automatically added at payment, in accordance with applicable tax laws.

3. Mission and Task Liability

3.1 Execution Responsibility

The client acknowledges and accepts that:

  • FlowSOP does not guarantee complete, correct, or timely mission execution
  • Task execution depends exclusively on:
    • assigned users
    • equipment used
    • network connectivity
    • field conditions
    • client's internal procedures

FlowSOP is not responsible for any mission or task:

  • not completed
  • partially completed
  • incorrectly completed
  • completed late

3.2 Technical Incidents

FlowSOP cannot be held responsible for any loss, delay, error, or omission resulting from:

  • service interruptions
  • server or cloud infrastructure failures
  • Internet or mobile network failures
  • software errors
  • hardware or software incompatibilities
  • browser or device limitations
  • third-party service issues (e.g., hosting, storage, cloud services, SMS, emails)

3.3 Offline Mode and Synchronization

When offline mode is used:

  • Data may be temporarily unsynchronized
  • Conflicts or data loss may occur upon reconnection
  • FlowSOP does not guarantee absolute integrity of synchronized data

The client accepts these limitations inherent to distributed computer systems.

4. No Financial Liability

4.1 Exclusion of Financial Losses

FlowSOP cannot under any circumstances be held responsible for any direct or indirect financial loss, including:

  • revenue losses
  • contract losses
  • contractual penalties
  • regulatory fines
  • recovery or correction costs
  • commercial or reputational damages

even if FlowSOP was informed of the possibility of such damages.

4.2 No Automatic Compensation

No refund, credit, indemnity, or financial compensation will be granted for:

  • uncompleted missions
  • human errors
  • operational errors
  • configuration errors
  • platform misuse
  • temporary service interruptions

5. Maximum Liability

In all cases, FlowSOP's total liability, all causes combined, is strictly limited to the amount paid by the client for the relevant subscription during the last twelve (12) months.

6. Professional Use and Compliance

The client is solely responsible for:

  • using FlowSOP within a legal and regulatory framework
  • compliance of their internal procedures
  • compliance with standards applicable to their sector (construction, industrial, safety, compliance, etc.)

FlowSOP does not provide any legal, regulatory, or professional advice.

7. Data and Evidence

Collected evidence (photos, signatures, documents, timestamps) is provided for informational purposes only.

FlowSOP does not guarantee their legal, probative, or admissible value before any authority, court, or certification body.

8. Service Modifications

FlowSOP reserves the right to:

  • modify
  • suspend
  • improve
  • remove

all or part of the service, with or without notice, without entitlement to compensation.

9. Force Majeure

FlowSOP cannot be held responsible for any failure to meet its obligations resulting from force majeure events, including:

  • natural disasters
  • third-party cloud infrastructure failures (AWS, Google Cloud, Vercel, Supabase, etc.)
  • cyberattacks
  • legislative or regulatory changes
  • strikes or labor disputes affecting third-party providers

10. Applicable Law and Jurisdiction

This policy is governed by the laws of the Province of Quebec, Canada.

Any dispute will be submitted to the exclusive jurisdiction of the courts of Montreal, Quebec.

11. Severability

If any provision of this policy is deemed invalid or unenforceable, the other provisions shall remain in full force and effect.

12. Acceptance

Use of FlowSOP implies full acceptance of this billing and liability policy.

For any questions regarding this policy, contact us at support@flowsop.app