Date of most recent change: 2023-10-25

Thank you for visiting fiveflute.com, a website (“Site”) operated by Five Flute Inc, and its affiliates. Please take the time to read this privacy policy (“Privacy Policy”). This Privacy Policy explains our policies and practices regarding the collection and use of your personal information, and it sets forth your privacy rights. This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our Site and services, including those offered through our websites, communications (e.g., emails, phone calls, and texts), and mobile applications (collectively, the “Service“). The terms “we“, “us“, and “Five Flute” refer to: (i) Five Flute Inc., a Delaware Corporation with its headquarters in Boulder, Colorado.

When you use the Service, you consent to our collection, use and disclosure of information about you as described in this Privacy Policy. We may translate this Privacy Policy into other languages for your convenience. Nevertheless, the English version governs your relationship with Five Flute, and any inconsistencies among the different versions will be resolved in favor of the English version.

OUR PRIVACY PHILOSOPHY

Your data is your data. We do everything we can to keep it that way while also providing the best Services possible to our users. Our Company is not in the business of selling, renting, or otherwise sharing your data to third parties for their direct marketing and our profit. Sometimes we will share select data in order to facilitate and/or improve the Service we offer. We do not share data for other purposes. That's it.

TYPES OF PERSONAL INFORMATION COLLECTED

Five Flute Inc ("Our Company") either presently collects and/or reserves the right to collect in the future the Personal Data of our customers. This includes:

Name and contact information: First and last name, email address, physical location, mailing address, IP address and other similar contact/location data.

Credentials: Passwords and other security information used for authentication and account access.

Payment Information: Data necessary to process payment if you make purchases. This includes primarily your payment instruction number (such as credit card number), and the security code associated with your payment instrument.

Usage Information: Data concerning the usage of the Service. This includes information concerning user behavior in web applications such as access information, page views, and web app usage metrics.

The collection of the above information is intended to improve the Services offered to our customers. This data is not intended to be sold or distributed to third parties for the purpose of advertising or other purposes.

SECURITY

Five Flute Inc takes Personal Data security extremely seriously. We use industry standard best practices to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration or destruction. Our Company has put in place appropriate physical, electronic, and managerial procedures to secure personal data from loss, misuse, unauthorized access, disclosure, alteration or destruction. For example: Personal Data is encrypted in transit and at rest (in storage). However, Five Flute Inc cannot guarantee the security of all Personal Data on or transmitted via the Internet.

INTELLECTUAL PROPERTY

Our Company does not share your Intellectual Property with third parties (such as machine shops or other manufacturing service providers) without your expressed consent. Consent may be obtained through actions on our Service and Site.

HOW INFORMATION IS COLLECTED AND USED

Our Company collects Personal Data via a number of methods outlined below.

Information you give us: This includes all information entered on the Site and Service in the course of account registration and continued usage of our Service.

Automatic Information: We receive and store information when you interact with our Services. Like many other sites, we use "cookies" to obtain this information. We use cookies, including but not limited to third party cookies as outlined below:

THIRD PARTY ACCESS TO INFORMATION

Our company uses certain third parties to perform services on our website and other applications. These third parties may require access to Personal Data in order to function (for example: We use Stripe for payment processing, which may require personal contact information such as names and email addresses). Our Company will provide these third parties access to your information only to perform tasks on our behalf in compliance with this Privacy Policy.

LAW ENFORCEMENT AND INTERNAL OPERATIONS ACCESS

Personal information may be disclosed where required by law to do so, or if we believe in good faith that it is reasonably necessary to

(i)respond to claims asserted against Five Flute Inc. or to comply with the legal process (for example, discovery requests, subpoenas or warrants);

(ii) to enforce or administer our policies and agreements with users;

(iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes;

or (iv) to protect the rights, property or safety of Five Flute Inc., its users or members of the general public.

We will use commercially reasonable efforts to notify users about law enforcement or court ordered requests for data unless otherwise prohibited by law.

PERSONAL DATA STORAGE AND RETENTION

Personal Data is encrypted at rest and stored on Five Flute Inc. servers via third party cloud services providers such as Amazon Web Services. Users have a right to delete accounts and Personal Data associated with these accounts. However, cancellation or deactivation of user accounts does not ensure complete removal of Personal Data provided while you were a registered user. Certain information such as transaction history, unpaid balances or other financial information may not be deleted upon account deactivation. We will not keep your Personal Data longer than we have to. If you would like to request complete Personal Data deletion immediately please contact support@fiveflute.com.

COMMUNICATIONS

Our Company may send you customer service and administrative emails and messages. This may include information concerning changes in our Services, Offerings, Privacy Policy, and important notices such as security and fraud notices. This communication is considered part of our Services and you may not opt-out. We may also message you concerning product usage, training, marketing, and other information we deem beneficial to our customers. You will be able to opt-out of these communications. For more information on how to control the types of information you receive from Our Company contact support@fiveflute.com.

BUSINESS TRANSFERS

If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you via the email address associated with your account of any such activity.

MINORS POLICY

Our Services are not designed for or marketed to people under the age of 18 ("minors"). We do not knowingly collect or ask for information from minors. If you are a minor, please do not use our Services or send us your information.

UPDATES

We reserve the right to amend this Privacy Policy from time to time, for any reason, without direct notice to you other than the posting of the amended Privacy Policy on our Site. We may elect to send you an email reminder of Policy changes, but for the most up to date information you should check our Site to see the current Privacy Policy. Your continued usage of our services constitutes your agreement to the updated privacy policy on a prospective basis.

CONTACT

Questions and concerns about this privacy policy should be directed to support@fiveflute.com.

Effective Date: 2023-10-25

OVERVIEW

Welcome and thanks for being a Five Flute customer! These User Terms of Service (“Terms”) are a binding legal contract between you and Five Flute and explain the rules governing your use of our Service and Websites. By using our SaaS platform and fiveflute.com, you're agreeing to these terms. Please read them carefully.

DEFINITIONS

Service(s): The online solutions and platforms provided by Five Flute.

Website(s): Including but not limited to fiveflute.com

User: Any individual accessing or using our Service(s).

Customer: An individual or entity that has registered and maintains an account with Five Flute.

Account: A registered profile with Five Flute.

Account Administrator: Any User or Customer authorized to make changes to a Five Flute Organization (or Workspace) on behalf of the Customer organization.

User Content: Any content created or uploaded to the Service by any User or Customer. This includes but is not limited to text, images, 3D CAD files in any format, 2D drawings in any format, and any other files uploaded by the user.

ACCEPTANCE OF TERMS

By accessing and using our Service(s), Users and Customers acknowledge they've read, understood, and agreed to be bound by these terms.

CHANGES TO TERMS

We may revise these Terms from time to time by posting a modified version on our website. If, in Five Flute’s sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service and/or Websites. If you do not agree to or cannot comply with the modified Terms, you must stop using the Service and Websites. Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of the Service and Websites after any update to these Terms constitutes your acceptance of such changes.

REGISTRATION AND ACCOUNT CREATION

To access the Service, you must register for a Five Flute account. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account and password. We may assume that any communications we receive under your account have been made by you. If you are a workspace or organization owner or administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a workspace or organization (“Account Administrator”), you represent and warrant that you are authorized to do so and agree that Five Flute is entitled to rely on your instructions.

SERVICE USAGE AND RESTRICTIONS

Unauthorized Account Use. You are responsible for notifying us at support@fiveflute.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Five Flute will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Five Flute or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Five Flute reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

LICENSE AND ACCEPTABLE USE

Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service only for your own internal use, and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Service. You may not reproduce, duplicate, or copy any portion of the Service without explicit permission. Five Flute may revoke this license at any time, in its sole discretion.

Acceptable Use Policy. You acknowledge and agree to comply with these Terms, including the following rules regarding acceptable use of the Service (the “Acceptable Use Policy”).

Disruption of the Service.

You may not:

- access, tamper with, or use non-public areas of the Service and Websites, Five Flute’s computer systems, or the technical delivery systems of Five Flute’s providers;

- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;

- access or search the Service and Websites by any means other than Five Flute’s publicly supported interfaces (for example, “scraping”); or

- interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure or the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.

Misuse of the Service and Websites.

You may not use the Service and Websites to carry out, promote or support:

- any unlawful or fraudulent activities;

- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity (e.g., “spoofing”, “phishing”);

- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;

- the violation of the privacy rights of others, including the publishing or posting of other people’s - confidential or personal information without their express authorization and permission;

- the sending of unsolicited communications, promotions advertisements, or spam;

- the publishing of or linking to malicious content; or

- the promotion or advertisement of products or services other than your own without appropriate authorization.

User Content.

You may not post any User Content on the Service or Websites or otherwise make use of the Service or Websites in a manner that:

- violates any applicable law (including export control laws and regulations), any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

- contains viruses, bots, worms, or similar harmful materials; or

- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty;

- could otherwise cause damage to Five Flute or any third party.

Acceptable Use Violations.

If we reasonably believe a violation of this Acceptable Use Policy has occurred or may occur in the near future in a manner that may disrupt the Service or Websites for our Customers or other users, we may suspend or terminate your access to the Service and Websites, without any liability to us and in addition to any other remedies that may be available to us. Five Flute reserves the right to notify the applicable Account Administrator of the foregoing.

FEES AND PAYMENTS

Some aspects of the Service may require payment. We will provide clear notice of these charges, and they must be paid in accordance with either; the plan chosen by The Customer or the terms outlined in any invoices sent from Five Flute to The Customer.

DATA PROTECTION AND PRIVACY

User and Customer data is critical to the success of our Customers and Five Flute. How we manage and protect this data is outlined in our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All content, trademarks, and data (excluding User Content) on our Service, including software, graphics, and text, are owned by Five Flute. Unauthorized use is prohibited. Five Flute does not claim any ownership or rights in any User Content except those that are required to perform the Services.

TERMINATION

Five Flute reserves the right to terminate or suspend any Account without prior notice or liability for any reason.

WARRANTIES AND DISCLAIMERS

The Service is provided "as is" without any kind of warranties, either express or implied. Five Flute doesn't guarantee uninterrupted or error-free service.

LIMITATION OF LIABILITY

Five Flute won't be liable for any indirect, incidental, or consequential damages or loss, including lost profits or revenue, related to the Service. Five Flute will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

INDEMNIFICATION

Customers will defend, indemnify, and hold harmless Five Flute from any claims or disputes arising out of the breach of these terms.

DISPUTE RESOLUTION AND GOVERNING LAW

Any disputes arising out of the use of the Service will be governed by the laws of the jurisdiction in which Five Flute is based. Both parties agree to resolve disputes through arbitration whenever possible.

MISCELLANEOUS

No Waiver. The failure of Five Flute to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If any provision of these Terms is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Five Flute, and supersede any prior agreements between you and Five Flute on the subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any other terms or resources referenced in these Terms, the terms contained directly in these Terms will first prevail; provided, however, that if there is a conflict or inconsistency between an applicable Customer Agreement and these Terms, the terms of the Customer Agreement will first prevail, followed by the provisions in these Terms, and then followed by the pages referenced in these Terms (e.g., the Privacy Policy). The applicable Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

CONTACT INFORMATION

For concerns about these terms, please contact:
Five Flute Support Team
support@fiveflute.com