Terms and Conditions

Updated 12 November, 2024

Welcome to Flywheel Dynamix ("Flywl"). Please read these Terms and Conditions ("Terms") carefully. By accessing or using Flywl’s services, platform, or website ("Services"), you agree to be bound by these Terms. If you do not agree with these Terms, you should not use Flywl’s Services.

Introduction

Flywl, headquartered in the San Francisco Bay Area, operates as a cloud meta marketplace aimed at helping companies measure, optimize, and execute their growth flywheel. Our platform connects cloud software buyers and sellers, optimizing transactions for enhanced transparency, trust, and efficiency.

Definitions

  • "Flywl" or "we/us/our" refers to Flywheel Dynamix.
  • "User" refers to individuals or entities accessing or using Flywl’s Services.
  • "Services" refers to Flywl's platform and associated offerings designed for cloud marketplace transactions.
  • "Buyers" refers to companies or individuals purchasing software through Flywl.
  • "Sellers" refers to companies offering their products on the Flywl platform.
  • Eligibility and Account Registration
  • To use Flywl’s Services, Users must be at least 18 years of age and legally eligible to enter into a binding contract. By registering for an account, you represent that all information provided is accurate and up-to-date. You agree to promptly update your information if changes occur.

Scope of Services

Flywl’s platform provides tools to facilitate:

  • Simplified software acquisitions for enterprise buyers
  • Spend optimization for cloud commitments
  • Product management for sellers across various cloud marketplaces
  • Flywl does not guarantee any specific outcome or result and does not assume any liability for Users’ business outcomes through the use of the platform.

User Obligations

a. Buyer Obligations:
Buyers must ensure they have the necessary budget and authorization to make purchases through the Flywl platform. Buyers agree to use the platform in compliance with all applicable laws and internal policies.

b. Seller Obligations:
Sellers must provide accurate and complete product information.
Sellers agree to maintain the confidentiality of any proprietary information related to the Flywl platform.

c. General User Conduct:
Users agree not to misuse the platform in any way, including, but not limited to, attempting unauthorized access, disseminating malware, or engaging in fraudulent activities. Intellectual Property Rights
All content, features, and functionalities on the Flywl platform—including trademarks, logos, software, and text—are the property of Flywl or its licensors. Users may not copy, reproduce, or distribute any Flywl content without express written permission.

Confidentiality and Data Privacy

Flywl is committed to protecting Users' data and maintaining confidentiality. Any data collected will be handled in accordance with Flywl’s Privacy Policy, which is incorporated herein by reference.

Third-Party Services

Flywl’s platform may integrate or link to third-party services and marketplaces. Flywl is not responsible for third-party services’ content, practices, or privacy policies, and the User acknowledges that their interactions with such services are governed solely by their respective terms.

Disclaimer of Warranties

Flywl’s Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. Flywl does not warrant the completeness, security, reliability, or availability of the Services. Any reliance you place on such information is strictly at your own risk.

Limitation of Liability

To the fullest extent permitted by law, Flywl shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to, loss of profits, revenue, data, or use, arising from your use of the platform. Flywl’s total liability shall be limited to the amount paid by the User to Flywl in the twelve months preceding the event giving rise to the claim.

Indemnification

Users agree to indemnify and hold Flywl, its officers, employees, and agents harmless from any claims, liabilities, damages, or expenses arising from:

  • User's violation of these Terms
  • User’s use of the Services
  • User’s infringement of any third-party rights

Modification of Terms

Flywl reserves the right to modify these Terms at any time. Any changes will be effective upon posting. Users are responsible for reviewing the Terms regularly to ensure continued compliance.

Termination

Flywl reserves the right to suspend or terminate any User’s account or access to the Services, with or without notice, for any violation of these Terms or other applicable policies.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. Users agree to submit to the exclusive jurisdiction of the courts located within California for any legal actions arising out of these Terms.

Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Flywheel Dynamix,Inc.
39 Saddleback Place, Danville, CA 94506
[email protected]