FlosysENG Terms of Service
Effective date: July 11, 2026
Welcome to FlosysENG. Please read these Terms of Service (“Terms”, “ToS”) carefully before using the FlosysENG web application, calculation engines, API interfaces, and related services (collectively, the “Service”) operated by FlosysENG (“us”, “we”, or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
1. Legal Capacity, Authority, and Business Use
1.1. Legal Age and Authority: By accessing or purchasing the Service, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction) and possess the legal capacity to enter into a binding contract.
1.2. Corporate Authority: If you are accessing or using the Service on behalf of a company, corporation, partnership, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to these Terms. In such cases, “you” or “your” shall refer to both the individual user and the corporate entity.
2. Description of Service & Standards Non-Affiliation Disclaimer
2.1. Service Scope: FlosysENG is a cloud-based engineering software application designed for fluid dynamics, gas systems calculation, and process piping logic validation. The Service provides computational outputs including, but not limited to, isothermal flow equations, pressure loss evaluations, and automated PDF engineering report generation.
2.2. Non-Affiliation with Standards Organizations: The Service incorporates or references engineering mathematical models based on publicly available industry standards, including SEMI F32. FlosysENG is an independent software tool and is NOT affiliated with, endorsed by, sponsored by, or officially certified by Semiconductor Equipment and Materials International (SEMI) or any other standard-setting body. Reference to industry standards does not imply official endorsement or certification of the software’s outputs.
3. Engineering Liability, Assumption of Risk & Disclaimers (CRITICAL)
3.1. Preliminary Reference Only: The Service provides theoretical mathematical calculations based on the parameters you input and established physical models. The computational results, PDF reports, and system validations generated by the Service are strictly intended as preliminary design aids and educational references.
3.2. Professional Certification & Assumption of Risk: The Service does not constitute certified professional engineering advice, nor is it a substitute for formal safety compliance reviews (e.g., SEMI S2 standards).
- You acknowledge and agree that all outputs generated by FlosysENG must be independently verified, cross-checked, and formally approved by a licensed Professional Engineer (PE), registered technology professional, chartered engineer, or other legally qualified domain expert authorized by the applicable local jurisdiction prior to any physical implementation, procurement, or facility construction.
- Assumption of Risk: The ultimate responsibility for the safety, regulatory compliance, structural integrity, and operational functionality of any physical system rests solely and entirely with you and your certifying engineer. You assume all risks associated with the use of the computational results. FlosysENG assumes no liability whatsoever for any engineering decisions, procurement losses, or physical implementations made in reliance on the Service.
3.3. Prohibited High-Risk Uses & Live Control Disclaimer: The Service is engineered strictly as a static, offline computational design tool based on theoretical physical models (such as SEMI F32 standards).
- It is NOT designed, tested, or intended for use as a real-time control system, fail-safe mechanism, automated routing software, or safety interlock system.
- You are strictly prohibited from integrating the Service (via API, automated scripts, or middleware) into live Facility Management Control Systems (FMCS), Supervisory Control and Data Acquisition (SCADA) systems, programmable logic controllers (PLCs), gas cabinet automated controllers, Valve Manifold Boxes (VMBs), or any live physical delivery routing for toxic, flammable, corrosive, pyrophoric, or asphyxiating specialty gases.
- Semiconductor Engineering Clarification: All final physical implementations, equipment/material selections (including tubing grades or fitting specs), and live facility routing of hazardous gases must rely solely on independent PE verification as stated in Section 3.2, and never on the Service’s outputs.
3.4. Third-Party Non-Reliance & Exclusion of Duty of Care: The Service and its generated outputs (including PDF reports, UI displays, data exports, and calculation matrices) are provided solely for the internal use of the registered User.
- FlosysENG owes no duty of care, legal obligation, or contractual privity to any third party.
- If you transmit, share, or distribute reports or outputs to any third party, you do so entirely at your own risk, and you bear the sole obligation to explicitly inform such third parties that the outputs are uncertified preliminary design references.
- Exclusion of Liability Regardless of Acquisition Method: FlosysENG shall accept absolutely no liability for any claims, losses, or damages brought by any third party arising from their access to, interception of, unauthorized copying, misappropriation, or reliance upon the Service’s outputs, regardless of how such third party acquired the outputs (whether legally or illegally, authorized or unauthorized).
4. Account, One-Time Billing, and Software Usage Quotas
4.1. One-Time Purchase Structure: All Main Plans and Add-on packages are structured strictly as one-time software service purchases with no recurring subscription or auto-renewal mechanisms. The Service operates on a pre-paid usage allowance system consisting of non-expiring Flow Calculation Quotas and PDF Report Generation Allowances.
4.2. Quota Validity & Non-Transferability: Purchased calculation and report quotas remain valid indefinitely as long as your account remains active and the Service continues to be operationally available. Software usage quotas:
- Hold no monetary or cash value outside the FlosysENG application;
- Cannot be redeemed, exchanged, transferred, or refunded for fiat currency under any circumstances;
- Are strictly bound to your registered user account and cannot be transferred to other accounts or entities.
4.3. Statutory Waiver of Withdrawal Right & Non-Refundable Policy:
- Waiver of 7-Day Cooling-Off Period: Pursuant to applicable consumer protection laws (including Article 19 of the Taiwan Consumer Protection Act and its governing Regulations concerning digital content), you expressly acknowledge and agree that the digital software usage quotas are provisioned and executed immediately upon successful payment. By completing the transaction, you give your express prior consent to immediate performance and explicitly waive any statutory 7-day right of withdrawal, cancellation, or cooling-off period.
- Non-Refundable Terms: All sales of Main Plans and Add-on packages are final and non-refundable. Quotas deducted for executed calculations or generated reports will not be restored. If a calculation or report execution is interrupted due to client-side network failure, browser crash, or local hardware fault after the request reaches our server, the deducted quota will not be refunded. In the event of a verified, systemic server-side error caused directly by FlosysENG, remedies will be evaluated at our sole discretion and issued exclusively as restored software usage quotas within your account. Cash refunds or credit card charge reversals will not be granted.
4.4. Add-on Package Dependency Enforcement: Add-on packages (such as extra calculation bundles or report boosters) require an active or historical purchase of an eligible Main Plan. FlosysENG reserves the absolute right to automatically block, cancel, reset, or invalidate checkout orders and cart configurations that attempt to acquire Add-on packages without meeting this prerequisite requirement, without incurring liability or refund obligations.
4.5. Merchant of Record, Currencies, and Taxes: Our order process, secure payment handling, and invoicing are conducted by our Merchant of Record (MoR), Lemon Squeezy. Prices are displayed and processed in USD (or other localized currencies as supported by Lemon Squeezy). As the MoR, Lemon Squeezy is responsible for automatically calculating, collecting, and remitting any applicable local sales taxes, VAT, or GST based on your billing location during checkout. For corporate users located in Taiwan, please note that as the transaction is legally processed by an offshore entity (Lemon Squeezy), you will receive an international commercial invoice directly from Lemon Squeezy; FlosysENG will not issue a local Taiwan Government Uniform Invoice (GUI). You remain solely responsible for any foreign transaction fees or currency conversion processing surcharges levied by your own financial service provider.
4.6. Chargebacks and Unauthorized Disputes: Initiating a chargeback, payment dispute, or payment reversal with your credit card issuer or our Merchant of Record (Lemon Squeezy) for a validly processed purchase constitutes a material breach of these Terms. FlosysENG reserves the right to immediately suspend or permanently terminate your account upon notification of a dispute. All remaining usage quotas will be immediately forfeited. To restore a suspended account, you must pay the disputed amount in full, along with any administrative and dispute processing fees assessed by our payment processor.
4.7. Modification and Discontinuation: Subject to Section 4.2, while software usage quotas do not carry an expiration date, FlosysENG is under no obligation to maintain the Service indefinitely. We reserve the right to restructure pricing, modify quota system mechanics, or discontinue the Service. In the event of permanent Service shutdown, FlosysENG will make commercially reasonable efforts to provide at least thirty (30) days’ advance notice via email or web announcement, allowing you to utilize remaining quotas. Unused quotas remaining after the notice period will expire without cash compensation.
5. User Obligations, Security & Intellectual Property Protections
5.1. Parameter Integrity: The computational validity of the Service depends entirely on the accuracy and mathematical plausibility of the parameters you enter. You bear sole responsibility for verifying all input data.
5.2. Prohibited Exploits, Anti-Scraping, and Security: You are expressly prohibited from:
- Reverse-engineering, decompiling, disassembling, or attempting to derive the source code, underlying algorithms, or proprietary physical gas property matrices of the Service;
- Employing automated bots, scrapers, crawlers, automated headless browser scripts, or parameter-sweeping framework to extract calculation data, execution matrices, bulk-generate outputs, or bypass UI controls;
- Using, exporting, or compiling the Service’s computational outputs, generated PDF reports, or data matrices to train, fine-tune, or develop any machine learning models, large language models (LLMs), or other artificial intelligence systems;
- Submitting malicious code, SQL injection payloads, cross-site scripting (XSS) attacks, viruses, or any parameters designed to disrupt or corrupt the Service’s servers or databases;
- Sharing account credentials or allowing unauthorized third parties to access your account to circumvent quota purchases.
Legal Recourse: Any violation of this Section constitutes intellectual property infringement, computer security violation, and a material breach. FlosysENG reserves the right to terminate your account immediately without notice, seek emergency injunctive relief, and pursue monetary damages (including statutory liquidated damages) to the maximum extent permitted by law.
5.3. User Data Warranties & Trade Secret Clearances: You represent and warrant that all project configurations, piping parameters, gas property matrices, and engineering logic inputted into the Service belong exclusively to you, or that you have obtained all necessary legal licenses, permissions, and trade secret clearances to process such data. You explicitly warrant that your submitted data does not infringe upon, misappropriate, or violate the intellectual property, patent, copyright, trademark, or trade secret rights of any third party.
5.4. Passive Processing, No Duty to Monitor & Full Liability Exclusion: FlosysENG operates solely as an automated, passive conduit and computational processor for the data you input. We owe no obligation to, and do not proactively monitor, review, inspect, or verify the legal ownership, accuracy, origin, authorization, or safety compliance of any parameters, project logic, or proprietary data submitted to the Service. To the maximum extent permitted by applicable law, FlosysENG expressly disclaims any direct, joint, vicarious, or contributory liability arising from or related to your submission of unauthorized, infringing, illegal, or misappropriated third-party data or trade secrets.
6. Data Privacy, Confidentiality & Ephemeral Architecture
6.1. Security Limitations & Risk Acknowledgment: FlosysENG implements commercial-grade SSL/TLS encryption for all data in transit. However, because no electronic transmission or cloud infrastructure is 100% secure, we cannot guarantee absolute data security. You acknowledge and agree that you submit project parameters at your own risk. FlosysENG explicitly disclaims any liability for data breaches, data loss, or unauthorized access resulting directly or indirectly from third-party cyberattacks, denial-of-service (DoS) assaults, force majeure, or user-side negligence (such as compromised login credentials).
6.2. Proprietary Data Usage & Anonymized Analytics: We acknowledge that project names, piping logic, and gas parameters input into the Service may constitute confidential operational data.
- FlosysENG will never sell, lease, share, or publish your raw engineering inputs, proprietary project data, or P&ID topologies with any third party.
- You hereby grant FlosysENG the irrevocable, royalty-free right to collect and process anonymized, aggregated usage metrics and technical telemetry. Such non-identifiable technical data may be utilized internally solely to refine physical fluid matrices, improve numerical convergence stability, and optimize software performance. FlosysENG explicitly covenants that your proprietary engineering topologies will NOT be used to train public generative AI models.
6.3. Ephemeral Processing Model & No Data Retention: FlosysENG functions strictly as a real-time computation engine and is NOT a persistent cloud storage, archiving, or backup service.
- In-Memory Calculation: Inputted project configurations and piping logic are processed transiently in volatile memory to render calculations and are flushed immediately after execution.
- Dynamic PDF Streaming: PDF engineering reports are dynamically generated upon your explicit request, streamed directly to your local web browser, and are NEVER stored or saved on our production servers’ persistent storage disks.
- No Storage Obligation: FlosysENG has no legal or contractual obligation to retain, store, archive, export, recover, or return any of your calculation histories, inputted parameters, or generated reports under any circumstances. You bear the sole responsibility for independently recording your engineering inputs and saving downloaded PDF reports directly to your local storage device.
7. Intellectual Property & Feedback Assignment
7.1. Platform IP & Anti-Reverse Engineering: All rights, title, and interest in and to the Service—including source code, UI/UX interface design, calculation algorithms, physical gas property matrices, mathematical formulations, branding, trademarks, database schemas, PDF templates, and documentation—are and will remain the exclusive intellectual property of FlosysENG. You are strictly prohibited from decompiling, reverse engineering, disassembling, scraping, or attempting to derive the underlying source code, mathematical models, or proprietary logic of the Service.
7.2. Feedback Ownership, Backup License & Waiver: Any suggestions, bug reports, feature requests, or technical feedback (“Feedback”) you provide to FlosysENG is completely voluntary and provided on a non-confidential and non-proprietary basis.
- Irrevocable Assignment: You hereby irrevocably assign to FlosysENG all right, title, and interest (including all intellectual property rights) in and to such Feedback, allowing us to freely use, commercialize, modify, and integrate the Feedback without restriction.
- Backup License & Waiver: To the extent such assignment is held unenforceable under applicable local laws, you hereby grant FlosysENG a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, commercialize, and create derivative works from the Feedback. You explicitly agree that FlosysENG owes you no compensation, royalties, account credits, discounts, equity, or accounting of any kind. To the maximum extent permitted by law, you explicitly waive any “moral rights” or equivalent non-transferable rights in such Feedback.
7.3. No Publicity Rights: Neither party shall use the other party’s name, logo, trademarks, or trade names for promotional, marketing, or public relations purposes without the express prior written consent of the other party. FlosysENG explicitly agrees not to publicly list your corporate entity as a customer or client without your explicit authorization.
8. Third-Party Infrastructure & Beta Features
8.1. Third-Party Dependencies: The Service relies on external infrastructure, payment processing networks and Merchants of Record (e.g., Lemon Squeezy), web hosting services, and third-party software libraries (e.g., PDF rendering engines). FlosysENG is not responsible for service failures, transaction errors, or downtime caused directly by third-party vendor outages.
8.2. Beta, Preview, and Experimental Modules: FlosysENG may periodically release or offer computational modules, tools, or functionalities designated as “Beta”, “Preview”, or “Experimental”.
- AS-IS Evaluation Basis: These features are provided strictly for testing and evaluation purposes on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. You explicitly acknowledge that Beta features are in development, may contain software bugs, and carry no guarantees regarding their computational accuracy, mathematical stability, or uninterrupted availability.
- Full Terms Applicability & Quota Usage: Your use of any Beta feature remains fully subject to all provisions of these Terms, including but not limited to Section 3 (Engineering Liability & Disclaimers), Section 4 (Quota Deduction & Non-Refundable Policy), Section 5.2 (Prohibited Exploits), Section 7 (Intellectual Property), Section 9 (Exclusion of Warranties), Section 10 (Limitation of Liability), and Section 12 (Indemnification). Executed calculations or generated reports using Beta modules will deduct usage quotas pursuant to Section 4 and are generally non-refundable. However, notwithstanding the strict non-refundable policy in Section 4.3, if a Beta module calculation fails critically due to a verified, systemic software bug inherent to the Beta feature, FlosysENG reserves the absolute discretion to issue a credit refund (i.e., restoring the deducted quotas to your account) as a gesture of goodwill. Cash refunds will never be granted.
- Unrestricted Modification and Removal: FlosysENG reserves the absolute right to modify, alter, suspend, or entirely discontinue any Beta feature at any time, with or without prior notice, and without incurring any liability, refund obligations, or financial compensation to you.
9. Absolute Exclusion of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
FlosysENG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CALCULATIONS, TITLE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE;
- ANY GUARANTEES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY GUARANTEES THAT COMPUTATIONAL DEFECTS, SOFTWARE BUGS, OR SYSTEM ERRORS WILL BE CORRECTED; AND
- ANY GUARANTEES THAT CALCULATIONS, REPORTS, OR SYSTEM VALIDATIONS WILL MEET YOUR SPECIFIC ENGINEERING, SAFETY, OR REGULATORY REQUIREMENTS.
10. Limitation of Liability & Financial Cap (CRITICAL)
10.1. Absolute Exclusion of Consequential and Industrial Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOSYSENG, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS OPPORTUNITIES, OR CONTRACTS;
- FACILITY DOWNTIME, LINE-STOP COSTS, EQUIPMENT DAMAGE, OR INDUSTRIAL SAFETY ACCIDENTS;
- REGULATORY FINES, ENVIRONMENTAL PENALTIES, HAZARDOUS MATERIAL LEAKAGE COSTS, OR PROJECT DELAY PENALTIES; AND
- LOSS OF DATA, GOODWILL, OR REPUTATION,
ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY COMPUTATIONAL OUTPUTS, PDF REPORTS, OR SYSTEM VALIDATIONS OBTAINED FROM THE SERVICE; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, INTERCEPTION, OR ALTERATION OF YOUR TRANSMISSIONS, PARAMETERS, OR PROJECT DATA,
REGARDLESS OF THE LEGAL THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), AND EVEN IF FLOSYSENG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.2. Aggregate Financial Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOSYSENG’S TOTAL AGGREGATE FINANCIAL LIABILITY FOR ALL CLAIMS, DISPUTES, OR LAWSUITS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE STRICTLY LIMITED TO AND SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO FLOSYSENG FOR THE SPECIFIC SERVICE OR QUOTA PACKAGE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100 USD), WHICHEVER IS GREATER.
11. Service Availability, Emergency Maintenance & No SLA
11.1. Absolute No Service Level Agreement (SLA): FlosysENG does not offer a Service Level Agreement (SLA) guaranteeing specific uptime percentages, operational continuity, or calculation latency response times. The Service is provided strictly on a best-effort basis.
11.2. Interruption, Security Patches & Outages: The computational engines, web services, and API interfaces may experience temporary delays, degraded performance, or unscheduled downtime due to:
- Scheduled system maintenance, cloud infrastructure updates, or emergency security patches (which FlosysENG reserves the right to execute at any time without prior notice);
- Network congestion, ISP throttling, undersea fiber-optic cable cuts, or global telecommunication line failures;
- Server-side errors, hardware faults, cloud infrastructure outages, or third-party service disruptions originating from hosting, DNS, or payment processing networks (governed pursuant to Section 8.1); or
- Unexpected system disruptions or force majeure events (governed pursuant to Section 16).
11.3. Exclusion of Downtime & Session Liabilities: FlosysENG shall accept absolutely no liability or financial responsibility for any commercial losses, lost profits, missed engineering deadlines, line-stop costs, or operational disruptions resulting from temporary service downtime, platform unavailability, or unexpected session terminations occurring during an active calculation process. Handling of usage quotas during unexpected interruptions shall be governed strictly pursuant to Section 4.3.
12. Comprehensive Indemnification
You agree to defend, indemnify, and hold harmless FlosysENG, its founders, affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all third-party claims, demands, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees and defense costs) arising out of or related to:
- Breach of Terms: Your violation or breach of any provision of these Terms, platform policies, or applicable laws;
- Reliance on Computational Outputs: Your reliance upon, or distribution of, any computational outputs, PDF engineering reports, or system validations generated by the Service for physical facility construction, equipment procurement, piping routing, or operational execution;
- Industrial, Gas & Environmental Hazards: Any industrial safety accidents, equipment failures, hazardous or toxic gas leaks, environmental contamination, or regulatory fines/penalties (including enforcement actions by OSHA, EPA, or applicable regional statutory equivalents) resulting directly or indirectly from your physical engineering implementation; or
- IP & Trade Secret Infringement: Any claim or allegation that parameters, gas property matrices, piping configurations, or project logic submitted by you infringes, misappropriates, or violates any third-party intellectual property, patent, copyright, trademark, or trade secret rights.
13. Physical Property Data, Computational Models & Disclaimers
The Service relies on established scientific constants, gas property matrices, and fluid dynamics calculation models sourced from public domain materials, academic literature, and third-party engineering standards (including SEMI F32).
- No Guarantee of Underlying Data: FlosysENG does not warrant the absolute precision, exhaustiveness, or real-time currency of underlying third-party physical properties, gas constants, or mathematical formulas.
- Model Corrections: FlosysENG reserves the unrestricted right to update physical constants, refine computational algorithms, and correct technical inaccuracies or data omissions at any time without prior notice or liability.
14. Account Suspension, Termination & Quota Forfeiture
- Termination for Cause: FlosysENG reserves the right to immediately suspend or permanently terminate your account and revoke access to the Service, without prior notice, refund, or liability, for any breach of these Terms, including but not limited to fraudulent transactions, unauthorized account sharing, reverse-engineering attempts, or submission of infringing data.
- Quota Forfeiture: Upon account termination for cause, your right to access the Service shall immediately cease, and all unused software usage quotas and PDF report allowances associated with your account shall be permanently forfeited without financial compensation or cash reimbursement.
15. Export Control and International Sanctions Compliance
The Service utilizes high-technology computational logic subject to international export control laws and trade sanctions regimes (including regulations of Taiwan, the United States EAR/OFAC, and the European Union).
- You represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed or sanctioned country or region.
- You represent and warrant that you are not listed on any restricted party list, including the U.S. Treasury Department’s Specially Designated Nationals (SDN) list, Entity List, or applicable regional sanction lists.
- You explicitly agree not to access or use the Service for any prohibited end-uses under international law, including the design, development, or production of nuclear, chemical, or biological weapons, or unauthorized restricted military/semiconductor applications.
- Export Classification Disclaimer: FlosysENG provides no Export Control Classification Number (ECCN) or Harmonized Tariff Schedule (HTS) classification for user-generated PDF reports or computational outputs. You bear sole responsibility for ensuring that your cross-border transmission of engineering outputs complies with all applicable local and international export control laws.
16. Corporate Assignment, Mergers, and Reorganization
- User Restriction: You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of FlosysENG.
- FlosysENG Rights: FlosysENG reserves the unrestricted right to assign, transfer, or delegate these Terms, the Service, and our rights and obligations hereunder, in whole or in part, to any affiliate, subsidiary, or successor entity in connection with a merger, acquisition, corporate reorganization, asset sale, or change of control, without prior individual notice or user consent.
17. Electronic Communications and Notice Consent
By using the Service, you consent to receiving electronic communications from FlosysENG, including legal notices, agreement updates, system announcements, and transactional details sent via the email address associated with your account or through announcements posted on the FlosysENG platform. You agree that all electronic notices, disclosures, and agreements satisfy any legal requirement that such communications be made formally in writing.
18. Force Majeure
FlosysENG shall not be liable for any failure or delay in performance under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, industrial disasters, extreme weather events, fires, cyberattacks, denial-of-service (DoS) assaults, undersea fiber-optic cable cuts, global cloud infrastructure outages (e.g., Hostinger, regional telecommunication networks), power grid failures, telecommunication line breakdowns, wars, terrorism, civil unrest, trade embargoes, or government actions/statutory mandates.
19. Independent Contractor Relationship & Incorporation of Privacy Policy
- Independent Contractors: The relationship between you and FlosysENG is strictly that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between the parties. Neither party has the authority to bind the other or incur obligations on the other’s behalf without express written consent.
- Privacy Policy Incorporation: Your use of the Service is also governed by our Privacy Policy (available at https://flosys.tech/privacy-policy/), which explains how we collect, process, and protect your personal data and usage telemetry. The Privacy Policy is expressly incorporated into and made an integral part of these Terms by reference.
20. Governing Law, Exclusive Jurisdiction, Injunctive Relief & Class Action Waiver
20.1. Governing Law: These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of China (Taiwan), without giving effect to any principles of conflicts of law.
20.2. Exclusive Jurisdiction: Subject to Section 20.3, any dispute, legal action, controversy, or claim arising out of or relating to these Terms, the breach thereof, or the use of the Service shall be submitted to the exclusive first-instance jurisdiction of the Taiwan Taipei District Court.
20.3. Emergency Injunctive Relief Exception: Notwithstanding Section 20.2, FlosysENG reserves the absolute right to seek emergency injunctive relief, temporary restraining orders, or pursue IP enforcement claims in any court of competent jurisdiction worldwide to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property rights, trade secrets, or data security.
20.4. Class Action Waiver: You agree that any dispute resolution proceedings will be conducted solely on an individual basis and not in a class, consolidated, or representative action.
21. Modifications to Terms of Service
FlosysENG reserves the right, at our sole discretion, to modify, update, or replace these Terms at any time. We will provide notice of material changes by updating the “Last Revised” date at the top of these Terms or via electronic notification. By continuing to access or use the Service after such revisions become effective, you explicitly agree to be bound by the revised Terms. If you disagree with the revised terms, your sole remedy is to cease using the Service.
22. Severability, Survival, Entire Agreement & Contact Information
22.1. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions shall remain in full force and effect.
22.2. Survival: All provisions of these Terms which by their nature should survive termination shall remain in full force and effect following any termination, including without limitation Section 3 (Engineering Liability & Disclaimers), Section 3.4 (Third-Party Non-Reliance), Section 5.2 (Prohibited Exploits), Section 5.3 & 5.4 (User Data Warranties & Passive Processing), Section 6.2 (Anonymized Data Usage License), Section 7 (Intellectual Property), Section 9 (Exclusion of Warranties), Section 10 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Physical Property Data Disclaimers), Section 14 (Quota Forfeiture), Section 15 (Export Control Warranties), Section 20 (Governing Law & Jurisdiction), and Section 22.
22.3. Entire Agreement & Order of Precedence: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FlosysENG. In the event of a direct conflict between these Terms and any written enterprise contract signed between you and FlosysENG, the executed enterprise contract shall prevail solely with respect to the specific subject matter thereof.
22.4. Governing Language:
These Terms of Service are drafted and executed in the English language. Any translation of these Terms into Chinese, Japanese, or any other language is provided solely for local user convenience. In the event of any conflict, ambiguity, or discrepancy between the English version and any translated version, the English version shall strictly control, prevail, and govern in all respects.
22.5. Contact Information:
If you have any questions, legal notices, or compliance inquiries regarding these Terms of Service, please contact us at:
FlosysENG Legal & Compliance Team
Email: admin@flosys.tech
