Reach Out

1. Agreement to Terms

1.1 General Agreement: These Terms and Conditions (“Terms”) form a legally binding agreement between you (“User” or “you”), whether individually or on behalf of a company or other legal entity, and Flywheel Solutions ltd. (“Company”, “we”, “us”, or “our”), concerning your access to and use of our software-as-a-service (SaaS) platform (the “Platform”). By accessing or using any part of the Platform—including any tools or services such as DataJET, SkuPILOT, BidROCKET, SourceROCKET (collectively, the “Platform Offerings”)—or any services available through the flywheelsolutions.ca or flywheelindustrial.ai domains and their subdomains, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree with these Terms, you must immediately discontinue your use of the Platform.

1.2 Supplemental Terms: From time to time, we may post additional terms or policies specific to certain services or features on the Platform (e.g., special pricing, promotions, or updates to tools). Such additional terms are incorporated by reference into these Terms and will be binding.

1.3 Changes to Terms: We reserve the right to modify or update these Terms at any time at our sole discretion. All changes will be effective immediately upon posting, and the date of the latest update will be indicated at the top of this document. It is your responsibility to review these Terms regularly. By continuing to use the Platform after the Terms have been updated, you agree to the modifications.

1.4 Jurisdictional Restrictions: The Platform is intended for use in jurisdictions where the Platform’s operations and services are legal, including Canada and the United States. It is your responsibility to ensure that your use of the Platform complies with all applicable local laws and regulations. If any part of the Platform is illegal in your jurisdiction, you must refrain from using it.

2. Intellectual Property Rights

2.1 Ownership of Content:  Unless otherwise stated, all materials, content, and components on the Platform, including but not limited to, text, software, source code, databases, functionality, website designs, visual interfaces, user interfaces, graphics, photos, logos, and trademarks (collectively, “Content”) are either owned by Flywheel Solutions ltd. or licensed to us. These materials are protected by intellectual property laws, including copyright, trademark, and patent laws, both in the United States and internationally.

You acknowledge that all proprietary rights in and to the Platform and its associated Content remain with Flywheel Solutions ltd. or our licensors.

2.2 License to Use Platform: Subject to your compliance with these Terms, Flywheel Solutions ltd. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your internal business purposes only. You may not copy, distribute, modify, or create derivative works from any part of the Platform without our explicit written consent.

2.3 Restrictions on Use: You may not modify, reproduce, or distribute the Platform or its Content without our prior written permission or reverse engineer, disassemble, or attempt to derive the source code of the Platform or use the Platform or its Content in a manner that infringes on any intellectual property or proprietary rights of others or use any automated means (such as bots, spiders, or scrapers) to access the Platform or collect data from it.

2.4 Feedback:  Any feedback, comments, suggestions, or ideas you provide to Flywheel Solutions ltd. regarding the Platform (“Feedback”) are non-confidential and will become our sole property. We may use and commercialize such Feedback without any obligation or compensation to you.

3. User Representations

By using the Platform, you represent and warrant the following:

3.1 Authority: If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. If you do not have such authority, you must not use the Platform.

3.2 Accuracy of Information: You represent that any information provided to us during the registration or use of the Platform, including but not limited to your name, email address, and payment information, is true, accurate, current, and complete. You agree to maintain and promptly update such information as necessary to keep it accurate and complete.

3.3 Compliance with Laws: You agree to comply with all applicable laws and regulations in your use of the Platform. You further represent that you are not located in a country or jurisdiction that is subject to U.S. government sanctions or is designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

4. User Registration

4.1 Account Registration: In order to access certain features or services on the Platform, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary.

You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and for any and all activities that occur under your account.

4.2 Account Security: You agree to notify Flywheel Solutions ltd. immediately of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account information.

4.3 Prohibited Registration: We reserve the right to refuse or suspend your registration if we believe that:

  • You are using the Platform in violation of these Terms.
  • You have provided false or misleading information.
  • You are violating any laws or regulations.
  • Your use of the Platform poses a security risk or harm to our services, reputation, or other users.

4.4 Multiple Accounts: You may not register multiple accounts for the purpose of circumventing platform restrictions or gaining unauthorized access to features.

5. Platform Offerings

5.1 General Description: Flywheel Solutions ltd. offers a range of SaaS tools designed to optimize and automate industrial sales and supply chain processes using advanced AI and machine learning (AI/ML) technologies. Our key offerings include:

  • DataJET: Provides predictive analytics and insights into sales and procurement.
  • SkuPILOT: Optimizes inventory management by predicting stock needs and supply issues.
  • BidROCKET: Automates and accelerates the bidding and quoting process for industrial sales.
  • SourceROCKET: Streamlines procurement processes by automating supplier sourcing and procurement workflows.

5.2 Availability of Platform Features: While we strive to ensure that the Platform and its features are available at all times, Flywheel Solutions ltd. does not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any Platform Offerings, including specific tools, features, or services, without prior notice.

5.3 Accuracy of Platform Data: The tools provided by Flywheel Solutions ltd. rely on AI/ML models, databases, and third-party data. While we aim to offer accurate and reliable predictions, insights, and data-driven solutions, the accuracy of the Platform’s outputs may vary based on the data available. We are not responsible for any business decisions made based on the output of these tools.

5.4 ERP and Third-Party Integrations: Some features of the Platform may offer integration with third-party enterprise resource planning (ERP) systems or software applications. You are responsible for ensuring that your ERP or third-party software is compatible with our Platform. Flywheel Solutions ltd. is not liable for any disruptions or inaccuracies that arise from integration failures or issues.

5.5 Trial and Subscription Plans

Access to certain Platform Offerings may be subject to subscription fees or trial periods. If you subscribe to a paid plan, the details of the pricing and billing will be provided to you at the time of registration. Your subscription may renew automatically unless you cancel it in accordance with our cancellation policy.

6. Purchases and Payment

6.1 Payment Methods: Flywheel Solutions ltd. provides access to its Platform and Services Offerings on a subscription plan “Subscription” with fees payable in advance on an annual or monthly basis.  Flywheel Solutions ltd. shall provide the Client a receipt of payment for each billing invoice. 

We accept various forms of payment, wire transfer, direct deposit, or major credit cards (e.g., Visa, Mastercard, American Express). By providing payment information, you authorize us to charge the applicable fees to the payment method you provide.

6.2 Billing and Subscription Fees: Certain features or services on the Platform are offered on a paid subscription basis. When you sign up for a Subscription, you will be charged on a recurring basis, typically monthly or annually, as specified during the registration process. All subscription fees are non-refundable unless otherwise stated in our Refund Policy.

If you choose a recurring Subscription, you agree to pay the relevant subscription fees (plus any applicable taxes) at the rates in effect when the charges are incurred. We reserve the right to change Subscription prices at any time but will notify you in advance if such changes will affect your billing. Temporary downtime, maintenance outages or temporary discontinuance of the Service (Down Time) during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor will Flywheel Solutions ltd. refund a client for a period of Down Time.

6.3 Auto-Renewal: Unless you cancel your Subscription, your plan will renew automatically at the end of each billing period. You can cancel your Subscription at any time through your account settings. If you cancel, you will continue to have access to the Platform until the end of your current billing period, after which your access will be terminated. No partial refunds will be given for cancellations made before the end of a billing cycle.

6.4 Payment Authorization: By submitting payment details, you affirm that you are authorized to use the provided payment method and that you are responsible for any fees associated with failed payments, including any fees from your bank or payment provider. Flywheel Solutions ltd. reserves the right to suspend or terminate access to the Platform if your payment is declined or if your account is past due.

6.5 Taxes: All prices on the Platform are exclusive of any applicable taxes. You are responsible for paying any taxes that may apply based on your location or the nature of your transactions, including sales, value-added, or other taxes.

6.6 Invoice Discrepancies: If you believe there has been an error or discrepancy in your billing, please contact our support team within 30 days of the billing date. Failure to notify us within this time frame may result in your waiver of any claims related to billing errors.

7. Refunds Policy

7.1 General Refund Policy: Flywheel Solutions ltd. aims to provide high-quality SaaS products, and customer satisfaction is important to us. However, due to the nature of our services, refunds are only issued under specific conditions, which are outlined below.

7.2 Subscription Refunds: No Refund for Early Cancellation: If you cancel a Subscription before the end of a billing cycle, you will not receive a refund for the remaining period of that cycle. First-time Subscribers: For first-time subscribers, we may offer a grace period for refunds within a limited time after the first payment, typically 14 days from the date of purchase, as a goodwill gesture. Long-Term Subscriptions: For annual or multi-year subscriptions, if canceled within the first 30 days of service, a pro-rated refund may be provided for the unused portion of the service term.

7.3 Refund Exceptions: Promotional Discounts: Refunds are not issued for Subscriptions purchased during promotional periods where special discounts were applied.  Trial Periods: If a free trial is offered before purchasing a paid Subscription, and the trial period is completed, no refunds will be issued for subsequent charges, as users are expected to evaluate the service during the trial period.

7.4 Refund Request Procedure: To request a refund, please contact our support team through the Platform or via email at [sales.support@flywheelindustrial.ai]. Your request must include the reason for the refund request, your account details, and any relevant transaction information. Refunds will be processed within 7–10 business days if approved, and funds will be returned to the original method of payment.

7.5 Disputed Charges: If you dispute any charges to your account, you must notify us within 30 days of the charge. We will review your dispute and may require further documentation or information. Filing a dispute with your bank or payment provider before contacting us may result in suspension or termination of your account.

8. Prohibited Activities

8.1 General Use Restrictions: By using the Flywheel Solutions ltd. Platform, you agree not to misuse or abuse the services we provide. The following activities are strictly prohibited:

Unauthorized Access: Attempting to gain unauthorized access to the Platform, servers, or networks connected to the Platform by hacking, password mining, or other illegitimate means.

Circumventing Security: Bypassing or attempting to bypass any security features, including any firewalls, encryption, or other technological measures designed to protect the Platform.

Malware Distribution: Uploading or transmitting viruses, malware, or any other type of malicious code that could interfere with the functionality or operation of the Platform or users’ systems.

Automated Tools: Engaging in automated access, scraping, or harvesting of data from the Platform without permission (e.g., using bots, crawlers, or other automated methods).

Inappropriate Content: Posting, distributing, or disseminating any material that is unlawful, defamatory, obscene, threatening, harassing, abusive, or hateful.

Intellectual Property Violations: Using the Platform to upload or distribute content that infringes upon any intellectual property rights of others (e.g., copyrights, trademarks, or patents).

Excessive Resource Usage: Conducting activities that result in excessive resource usage, thereby disrupting or burdening the Platform, including but not limited to bandwidth usage, storage, or computing resources.

Commercial Exploitation: Using the Platform for commercial purposes other than those explicitly authorized, such as reselling access or using the services for profit without our written consent.

8.2 Legal Compliance: You agree not to use the Platform for any purpose that violates applicable local, state, national, or international laws, regulations, or governmental orders.

8.3 Enforcement and Termination: We reserve the right to monitor your activities on the Platform and to investigate any suspected violation of these Terms. If we determine, at our sole discretion, that you have engaged in any prohibited activities, we may immediately suspend or terminate your account without prior notice.

9. User Contributions

9.1 Definition of Contributions: The Platform may allow you to submit comments, feedback, suggestions, or other content (“User Contributions”). User Contributions may include, but are not limited to, blog comments, product reviews, suggestions for improvements to the Platform, and ideas for new features.

9.2 Responsibility for Contributions: You are solely responsible for your User Contributions. By posting or submitting any User Contributions, you warrant that: You own or have the necessary licenses, rights, and permissions to post such content.  Your User Contributions do not infringe upon the rights of any third parties, including intellectual property, privacy, or publicity rights.  9.2.d – Your User Contributions comply with all applicable laws, including content restrictions on defamation, obscenity, and hate speech. 

9.3 Content Moderation: Flywheel Solutions ltd. reserves the right, but is not obligated, to review, monitor, and moderate User Contributions. We may remove any content that we deem inappropriate, offensive, or in violation of these Terms, without prior notice.

9.4 Feedback and Suggestions: Any feedback, suggestions, or ideas you submit through the Platform may be used by us for any purpose without any obligation to compensate you. By submitting feedback or suggestions, you agree that we may use and incorporate these into our services without limitation or restriction.

10. Contribution License

10.1 License Grant: By posting or submitting User Contributions on the Platform, you grant Flywheel Solutions ltd. a perpetual, worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable license to use, reproduce, distribute, publicly display, perform, modify, and create derivative works based on your User Contributions in any manner, media, or form, whether known now or developed in the future.

This license includes the right to use your name, username, or profile information in connection with your Contributions. You waive any moral rights or rights of attribution you may have in your Contributions.

10.2 Use of Contributions: We may use your User Contributions for a variety of purposes, including but not limited to: Marketing and promoting our Platform and services. Improving and enhancing the features of the Platform. Displaying your Contributions publicly on our Platform or in third-party media channels.

10.3 No Compensation: You acknowledge that you will not receive any compensation for the use of your User Contributions. Your Contributions are provided voluntarily and are not submitted with any expectation of compensation or proprietary interest.

10.4 Revocation of Rights: You understand that once User Contributions are submitted and displayed on the Platform, they may remain publicly accessible even if you later remove or delete your account. Flywheel Solutions ltd. retains the license to use your Contributions for the purposes outlined herein, regardless of account termination.

11. Site Management

11.1 Monitoring of Platform Use: Flywheel Solutions ltd. reserves the right, but not the obligation, to: Monitor the use of the Platform, including user activity, communications, and content, to ensure compliance with these Terms. Investigate suspected violations of these Terms, such as unauthorized access, abusive behavior, or unlawful conduct. Take corrective actions, including suspending, restricting, or terminating access to the Platform for users who violate these Terms or engage in prohibited activities.

11.2 Discretionary Actions: We may, in our sole discretion, take any of the following actions at any time, with or without notice, to ensure the integrity, security, and proper functioning of the Platform: Suspend or terminate access to specific users or user accounts that are deemed harmful, abusive, or in violation of these Terms. Limit access to certain features, areas, or resources of the Platform, particularly in cases where users are overburdening system resources or engaging in activities that compromise the performance of the Platform. Remove or modify content that we believe is inappropriate, unlawful, or otherwise violates our content policies, including User Contributions, reviews, or third-party content. Report illegal activities to law enforcement authorities or other relevant third parties where required by law or as part of an internal investigation.

11.3 No Guarantee of Availability: Flywheel Solutions ltd. does not guarantee that the Platform will be available at all times or without interruptions. We reserve the right to perform maintenance, updates, or other technical actions that may temporarily disrupt access to the Platform. We will make reasonable efforts to minimize the duration of any service disruptions but are not responsible for any damages or losses caused by such interruptions.

12. Term and Termination

12.1 Term: These Terms remain in full force and effect while you use the Flywheel Solutions ltd. Platform or any of its services. By accessing the Platform, you agree to abide by these Terms until such time as you discontinue use or your access is terminated by us.

12.2 Termination by User: You may terminate your use of the Platform at any time by canceling your account through the account management settings or by contacting our support team. Upon cancellation, you will lose access to any paid features or services that were associated with your account. Any Subscription fees paid up to the date of termination are non-refundable, and you will not receive a pro-rata refund for any remaining period of your Subscription.

12.3 Termination by Flywheel Solutions ltd.: We reserve the right, in our sole discretion, to suspend, restrict, or terminate your account or access to the Platform at any time, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms: If you breach any provisions of these Terms, we may immediately terminate or suspend your account.
  • Illegal or Harmful Conduct: Engaging in illegal, harmful, or fraudulent activities may result in immediate termination.
  • Inactivity: If your account is inactive for an extended period, we may terminate your access after sending a notice to your registered email address.

12.4 Effects of Termination: Upon termination, your right to access the Platform and its services will immediately cease. Any data or content associated with your account may be deleted and will no longer be accessible. Flywheel Solutions ltd. is not liable for any loss of data following termination.

However, the provisions of these Terms that are intended to survive termination (e.g., Intellectual Property, Indemnification, Dispute Resolution, and Limitation of Liability) will continue to apply even after termination.

13. Modifications and Interruptions

13.1 Platform Modifications: Flywheel Solutions ltd. reserves the right to modify, update, or discontinue all or part of the Platform at any time, with or without notice. This includes changes to features, functionalities, pricing, and availability of the Platform or any of its associated tools (e.g., DataJET, SkuPILOT, BidROCKET, SourceROCKET, and PowerOPS).

While we strive to keep the Platform up-to-date and fully functional, we do not guarantee the availability of any specific feature or service and reserve the right to alter or discontinue aspects of the Platform at our discretion.

13.2 Scheduled Maintenance: To ensure the continued performance and security of the Platform, we may perform routine maintenance and updates. During scheduled maintenance, access to the Platform may be temporarily suspended. We will make reasonable efforts to schedule maintenance during off-peak hours and notify users in advance whenever possible.

13.3 Service Interruptions: We do not guarantee that the Platform will be available at all times or without interruptions. There may be instances where the Platform becomes temporarily unavailable due to technical issues, network failures, or other disruptions beyond our control.

While we strive to minimize downtime, Flywheel Solutions ltd. is not liable for any losses or damages resulting from service interruptions, delays, or errors. We encourage users to back up important data regularly to prevent data loss.

14. Governing Law

14.1 Choice of Law: These Terms, as well as any disputes or claims arising out of or in connection with the use of the Platform, shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the State of Texas, USA, without regard to their conflict of law principles.

If you access the Platform from outside of Canada or the U.S., you do so at your own risk and are responsible for compliance with local laws. You acknowledge that the laws governing the Platform may differ from those of your jurisdiction.

14.2 International Use: Although the Platform may be accessible internationally, we make no representation that the Platform or its content is appropriate or available for use in all jurisdictions. Users who access the Platform from outside Canada or the United States are responsible for ensuring their actions comply with local laws and regulations.

15. Dispute Resolution

15.1 Informal Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or related to these Terms, the Platform, or our services, the parties agree to first attempt to resolve the issue informally. You agree to contact Flywheel Solutions ltd. at [sales.support@flywheelindustrial.ai] and provide a description of the issue, along with any relevant details.

We will make reasonable efforts to resolve the dispute within 30 days of receiving your written notice. If the dispute cannot be resolved through informal negotiations, the parties may pursue other options as described below.

15.2 Binding Arbitration

For disputes that cannot be resolved through informal negotiations, disputes shall be resolved through binding arbitration in either Edmonton, Alberta (for Canadian users) or Houston, Texas (for U.S. users). Arbitration will be conducted under the rules of the Canadian Arbitration Association (CAA) or the American Arbitration Association (AAA), depending on the user’s jurisdiction.

  • Location: Arbitration will be conducted in the city or jurisdiction where Flywheel Solutions ltd. is headquartered unless otherwise agreed by both parties.
  • Arbitrator: A single arbitrator will be selected in accordance with the applicable arbitration rules.
  • Costs: Each party shall bear its own legal costs and expenses, unless the arbitrator determines that the award should include the prevailing party’s costs.
  • The maximum liability of FlyWheel Solutions (Flywheel Solutions ltd.) for any damages, claims, or losses, whether arising in contract, tort, or otherwise, shall not exceed $20,000 USD to the affected party under any circumstances.

15.3 Class Action Waiver: To the fullest extent permitted by law, both you and Flywheel Solutions ltd. agree that any dispute resolution proceedings will be conducted on an individual basis only. This means that: No Class Actions: You cannot participate in or initiate a class action, collective action, or any other representative lawsuit. No Joinder of Claims: Claims by different individuals cannot be joined together in arbitration or litigation.

15.4 Exceptions to Arbitration: Notwithstanding the above, the following disputes may be brought before a court of competent jurisdiction rather than arbitration: Injunctive Relief: Any claim seeking injunctive relief related to intellectual property rights or unauthorized access to the Platform. Small Claims: Disputes where the total amount at issue is less than the small claims court threshold in the applicable jurisdiction.

15.5 Jurisdiction and Venue: For disputes that are not subject to arbitration, both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in [State/Country where Flywheel Solutions ltd. is based]. You agree to waive any objections based on lack of personal jurisdiction, improper venue, or forum non-conveniences in such courts.

16. Corrections

16.1 Errors and Inaccuracies: While Flywheel Solutions ltd. strives to ensure that all information on the Platform, including content related to our services, pricing, features, and availability, is accurate, errors, inaccuracies, and omissions may occasionally occur. These errors could relate to descriptions, pricing, promotions, availability, or other content provided on the Platform.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Platform at any time without prior notice. This includes the right to:

  • Update or correct pricing and product descriptions, even after you have submitted an order.
  • Cancel or refuse orders placed using incorrect pricing or information.
  • Make changes to features or services on the Platform without being liable for damages resulting from such changes.

16.2 Notification of Corrections: In cases where significant corrections or changes affect your current Subscription, service usage, or orders, we will make reasonable efforts to notify you promptly. However, it is your responsibility to review the Platform regularly to stay updated on changes.

17. Disclaimer

17.1 Platform Provided “As Is”: The Flywheel Solutions ltd. Platform, including all services, tools (e.g., DataJET, SkuPILOT, BidROCKET, SourceROCKET, and PowerOPS), content, and materials, are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied.

17.2 No Warranties: To the fullest extent permitted by applicable law, Flywheel Solutions ltd. disclaims all warranties, express or implied, in connection with the Platform and your use of it. This includes, but is not limited to:

  • Implied Warranties: Any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or the performance of the Platform.
  • Accuracy and Reliability: We do not warrant that the information provided on the Platform, including analytics and insights generated by our AI/ML tools, will be accurate, complete, or reliable.
  • Availability: We do not guarantee that the Platform will always be available, uninterrupted, error-free, or secure.
  • Security: While we strive to implement appropriate security measures, we do not warrant that the Platform will be free of viruses, malware, or other harmful components that could damage your systems.

17.3 No Professional Advice: The content, insights, or analytics provided by Flywheel Solutions ltd. are for informational purposes only and do not constitute professional, legal, financial, or business advice. You should seek appropriate professional advice before making decisions based on information provided by our Platform.

17.4 No Responsibility for Third-Party Content: Any third-party content or services made available through the Platform (e.g., links to third-party websites or content integrations) are not under our control. We disclaim all responsibility for the accuracy, legality, or quality of any third-party services, content, or products.

18. Limitations of Liability

18.1 General Limitation: To the fullest extent permitted by law, Flywheel Solutions ltd., its affiliates, officers, directors, employees, agents, or partners, will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:

  • Your access to or use of the Platform: Including the tools and services provided, such as DataJET, SkuPILOT, BidROCKET, SourceROCKET, and PowerOPS.
  • Loss of data: Any loss, corruption, or unauthorized access to your data stored on or through the Platform.
  • Errors or inaccuracies: Any errors, omissions, or inaccuracies in the content or services provided.
  • Service disruptions: Any interruptions, delays, or unavailability of the Platform.

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or any other legal theory, and even if Flywheel Solutions ltd. has been advised of the possibility of such damages.

18.2 Cap on Liability: Notwithstanding anything to the contrary in these Terms, the total aggregate liability of Flywheel Solutions ltd. to you for all claims arising out of or related to these Terms or the use of the Platform will be limited to the greater of: The total amount paid by you to Flywheel Solutions ltd. during the six (6) months prior to the event giving rise to liability, or Fifty US dollars ($50.00).

18.3 Exclusions from Liability: Certain jurisdictions may not allow the exclusion or limitation of certain types of liability, such as implied warranties or liability for damages. In such cases, some of the limitations or exclusions stated above may not apply to you, and you may have additional rights.

19. Indemnification

19.1 Your Responsibility: You agree to indemnify, defend, and hold harmless Flywheel Solutions ltd., its affiliates, and their respective officers, directors, employees, and agents from and against any and all losses, damages, liabilities, claims, demands, expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Platform: Including but not limited to any content you upload, store, or otherwise transmit through the Platform.
  • Breach of these Terms: Any violation of these Terms, including any warranties you make in these Terms.
  • Violation of third-party rights: Any claim that your actions violate the intellectual property rights, privacy rights, or other rights of any third party.
  • Illegal or unauthorized conduct: Any illegal, fraudulent, or unauthorized conduct that occurs through your account or while using the Platform.

19.2 Cooperation in Defense: You agree to cooperate fully with Flywheel Solutions ltd. in the defense of any claim or legal proceeding arising out of or related to your actions. We reserve the right to assume exclusive control over the defense of any matter subject to indemnification by you, at your expense.

19.3 No Settlement Without Consent: You may not settle any claim or legal proceeding subject to indemnification without the prior written consent of Flywheel Solutions ltd.. We will not unreasonably withhold such consent.

20. Electronic Communications, Transactions, and Signatures

20.1 Consent to Electronic Communications: By using the Flywheel Solutions ltd. Platform, you consent to receiving electronic communications from us. These communications may include notices about your account, subscription renewals, updates to our services, legal notices, and other information relating to the Platform. We may also send you promotional emails, newsletters, or marketing communications, which you can opt-out of at any time by following the unsubscribe instructions included in these emails.

20.2 Legal Requirements for Electronic Communications: All agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirements that such communications be in writing. This means that electronic communications from Flywheel Solutions ltd. have the same legal effect as physical, written communications.

Examples of electronic communications include:

  • Email notifications related to your account or subscription.
  • Updates to these Terms and Conditions.
  • Notices regarding modifications to the Platform, services, or pricing.
  • Invoices and payment receipts.

20.3 Electronic Transactions and Contracts: By using the Platform, you agree to conduct transactions electronically, which includes entering into agreements, making payments, and signing contracts. You acknowledge that your electronic submissions, including clicking to agree to these Terms, making purchases, or submitting forms, constitute your agreement and intent to be bound by such submissions.

You also agree that: Electronic signatures will have the same legal force and effect as a handwritten signature. Click-through agreements or actions taken on the Platform (e.g., clicking “I Agree” or checking a box) are considered legally binding acknowledgments of these Terms.

20.4 Paper Copies: You have the right to receive paper copies of any agreements, notices, or communications, but we reserve the right to charge a processing fee for providing such copies. If you wish to request a paper copy of any document, please contact us at [sales.support@flywheelindustrial.ai].

21. Miscellaneous

21.1 Entire Agreement: These Terms, along with our Privacy Policy and any additional agreements or policies posted on the Platform, constitute the entire agreement between you and Flywheel Solutions ltd. regarding the use of the Platform. This agreement supersedes any prior or contemporaneous discussions, understandings, agreements, or communications between you and Flywheel Solutions ltd., whether oral or written.

21.2 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision will not affect the validity of the remaining Terms.

21.3 No Waiver

The failure of Flywheel Solutions ltd. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of rights must be in writing and signed by an authorized representative of Flywheel Solutions ltd.. No waiver of any breach or default will be considered a waiver of any subsequent breach or default.

21.4 Assignment: You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Flywheel Solutions ltd.. We may assign or transfer our rights and obligations under these Terms without restriction. These Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

21.5 Force Majeure: Flywheel Solutions ltd. will not be held liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, war, strikes, lockouts, or failures of third-party service providers.

21.6 Relationship of the Parties: Nothing in these Terms will create or imply any relationship of joint venture, partnership, employment, or agency between you and Flywheel Solutions ltd.. You agree that you are using the Platform as an independent user, and no joint venture, partnership, or employment relationship is created by your use of the Platform.

21.7 Governing Language: If these Terms are translated into any language other than English, the English version of the Terms will prevail in the event of any conflict between the two versions. All communications regarding these Terms must be made in English unless otherwise agreed by both parties.

22. Contact Us

If you have any questions or concerns regarding these Terms, the use of the Platform, or any of our services, please feel free to contact us.

Reporting Issues or Violations: If you believe someone has violated these Terms, or if you encounter any issues with the Platform, please report the matter to our support team as soon as possible. We will review all reports and take appropriate actions in accordance with these Terms.

We value feedback from our users and are happy to address any concerns you may have. You can contact us through the following methods:

Business Hours: Monday – Friday, 8 AM – 5 PM (Local Time)

Email:  sales.support@flywheelindustrial.ai

FlyWheel Solutions ltd.

Primary Office (Canada):

1000, 10055-106 Street NW Suite 303

Edmonton, Alberta, T5J 2Y2

Phone Number Main Line: 1-587-200-9320

Office (United States)

Phone Number Main Line: 1-713-936-5924

Copyright and Legal Inquiries: For matters related to copyright infringement, legal notices, or intellectual property concerns, please direct your inquiries to [legal@flywheelindustrial.ai]. You can find more information on our copyright policy and how to file a complaint in the “Copyright Infringements” section of these Terms.