Terms of Service

Acceptance of Terms

Welcome to FlowWin. These Terms of Service (the Terms) constitute a legally binding agreement between you, whether personally or on behalf of an entity (you or your), and Macheng Yida Labor Services Co., Ltd., a company registered at No. 11, South Side of Taiwan Street, Yuanlin Community, Longchi Office, Huanggang — 431600, China (CN), operating under the brand name FlowWin (the Company, we, us, or our), governing your access to and use of the website located at https://www.flowwin.mom (the Website) and any related services, features, content, applications, and products offered by us (collectively, the Services).

By accessing or using the Website or any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website and refrain from accessing or using our Services in any manner. Your continued use of the Website constitutes your ongoing acceptance of these Terms, including any modifications that may be made from time to time.

These Terms apply to all visitors, users, and others who access or use the Website or our Services. If you are using the Website or Services on behalf of an organization or legal entity, you represent and warrant that you have the authority to bind that organization to these Terms, and in such case, the terms you and your shall refer to that organization. If you do not have such authority, you must not use the Website or Services on behalf of that organization.

Description of Services

FlowWin provides professional services in the field of computer systems design and related services, operating within the Professional, Scientific, and Technical Services sector. Our Services include, but are not limited to, computer systems architecture design, systems integration, network and infrastructure design, database and data systems design, DevOps and automation engineering, technology consulting and strategy, and related professional services as described on our Website and as agreed upon in individual client engagements.

The specific scope, deliverables, timeline, and fees for any project or engagement will be set forth in a separate written agreement, statement of work, or proposal executed between you and the Company. In the event of any conflict between these Terms and the terms of any such separate written agreement, the terms of the separate written agreement shall prevail with respect to the specific engagement to which it pertains.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation. We also reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction as we may determine in our sole discretion.

Eligibility and Account Registration

By using the Website and our Services, you represent and warrant that you are at least 18 years of age, or the age of legal majority in your jurisdiction if that age is greater than 18, and that you have the legal capacity to enter into a binding contract. If you are under the age of 18, you may use the Website only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

Certain features of our Website or Services may require you to create an account or provide certain information about yourself. You agree that all information you provide to us will be accurate, current, and complete, and you agree to update such information promptly as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We may, at our discretion, suspend or terminate your access to the Website and Services if we believe that you have violated these Terms or that your conduct may cause harm to us, other users, or third parties.

User Obligations and Conduct

As a user of our Website and Services, you agree to conduct yourself in a lawful, respectful, and professional manner at all times. You agree to comply with all applicable local, national, and international laws and regulations in connection with your use of the Website and Services. You further agree not to engage in any activity that interferes with or disrupts the functioning of the Website, our servers, or networks connected to the Website.

You are solely responsible for the content you transmit, submit, display, or otherwise make available through the Website or in the course of your interactions with us. You agree that you will not transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of the privacy of another, or otherwise objectionable, as determined by us in our reasonable discretion.

You agree not to use the Website or Services to upload, post, email, transmit, or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You also agree not to attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password mining, or any other illegitimate means.

Intellectual Property Rights

All content, features, and functionality available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layouts, underlying code, software, and the design, selection, and arrangement thereof (collectively, the Company Content), is owned by or licensed to Macheng Yida Labor Services Co., Ltd. and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

The FlowWin name, the FlowWin logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use any such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans appearing on the Website are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Website and Company Content solely for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company Content except as expressly permitted by these Terms or with our prior written consent.

For deliverables created in the course of a client engagement, the ownership and licensing of intellectual property shall be governed by the terms of the separate written agreement or statement of work executed between you and the Company for that engagement. Unless otherwise agreed in writing, we retain ownership of our pre-existing intellectual property, methodologies, tools, and know-how used in the delivery of our Services.

User-Generated Content

The Website may allow you to submit, upload, publish, or otherwise make available content, including but not limited to messages, comments, inquiries, documents, files, and other materials (collectively, User Content). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Website and Services.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to all User Content you submit, and that such User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights. You also represent and warrant that your User Content complies with all applicable laws and regulations.

We do not endorse any User Content submitted by users or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We reserve the right, but do not assume the obligation, to monitor, review, screen, edit, or remove any User Content at any time and for any reason in our sole discretion, without notice to you.

Prohibited Activities

In addition to the obligations set forth elsewhere in these Terms, you are strictly prohibited from engaging in any of the following activities in connection with your use of the Website and Services. This list is illustrative and not exhaustive, and we reserve the right to determine whether additional conduct constitutes a violation of these Terms.

You must not use the Website or Services for any unlawful purpose or in furtherance of any illegal activity. You must not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity. You must not engage in any activity that restricts or inhibits any other user from using or enjoying the Website or Services. You must not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission.

You must not interfere with or circumvent any security features of the Website or any features that prevent or restrict use or copying of any Company Content. You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Services. You must not use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other use of the Website.

You must not engage in any form of harassment, stalking, or threatening behavior toward any individual through or in connection with the Website or Services. You must not upload, transmit, or distribute any material that contains viruses or any other computer code designed to interrupt or limit the functionality of any software or hardware.

Third-Party Services and Links

The Website may contain links to third-party websites, applications, services, or resources that are not owned or controlled by the Company. These links are provided for your convenience and informational purposes only. We do not endorse, and we are not responsible for, the availability, content, products, services, or practices of any third-party websites or resources.

You acknowledge and agree that the Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or resources. Your interactions with third parties found on or through the Website, including payment and delivery of goods or services, are solely between you and such third parties.

Any links to third-party websites do not imply that the Company is legally authorized to use any patent, copyright, trademark, or other intellectual property right of any third party, nor do they imply that any third-party website is authorized to use any intellectual property right of the Company. We encourage you to read the terms of service and privacy policies of any third-party websites you visit.

Payment and Billing Terms

For any paid Services, the fees, payment schedule, invoicing procedures, and payment terms shall be set forth in the separate written agreement, statement of work, or proposal executed between you and the Company for the relevant engagement. All fees are stated and payable in the currency specified in the applicable agreement.

Unless otherwise specified in the applicable agreement, all fees are exclusive of applicable taxes, duties, levies, and similar governmental assessments of any nature, including value-added tax, sales tax, use tax, and withholding tax. You are responsible for paying all such taxes, duties, and assessments associated with your purchase of Services, except for taxes based on our net income.

Late payments may be subject to interest charges at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, calculated from the due date until the date of actual payment. You agree to reimburse us for all reasonable costs and expenses, including legal fees, incurred by us in collecting any overdue amounts from you.

We reserve the right to change our fees and pricing at any time. Any changes to fees for Services will not affect existing engagements that are subject to a separate written agreement with an agreed-upon fee structure, unless the agreement expressly provides for fee adjustments.

Service Availability and Modifications

We strive to ensure that the Website and our Services are available on a consistent and reliable basis. However, we do not guarantee that the Website or any Services will be available at all times, without interruption, or error-free. We may experience hardware, software, or other problems, or need to perform maintenance or updates, which may result in interruptions, delays, or errors.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website, any Services, or any part thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any Services. We also reserve the right to change, update, or modify any aspect of the Website content at any time without prior notice.

We may from time to time release updates, patches, and new versions of the Website or Services to enhance functionality, fix bugs, address security issues, or for other reasons. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality.

Termination and Suspension

These Terms shall remain in full force and effect while you use the Website or any of our Services. We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to the Website and Services, or any portion thereof, for any reason or for no reason, including but not limited to your breach of these Terms or any other agreement between you and the Company.

Upon termination of your access, your right to use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification clauses, and limitations of liability. We shall not be liable to you or any third party for any termination of your access to the Website or Services.

If you wish to terminate your account or your relationship with us, you may do so by ceasing to use the Website and Services and by notifying us of your desire to terminate any ongoing engagements in accordance with the terms of the applicable separate written agreement. Any obligations you have incurred prior to termination shall survive such termination.

Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND PRODUCTS MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OR OPERATE WITHOUT INTERRUPTION.

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACHEG YIDA LABOR SERVICES CO., LTD., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANYS LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

Indemnification

You agree to defend, indemnify, and hold harmless Macheng Yida Labor Services Co., Ltd., its affiliates, and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal and accounting fees) arising out of or in connection with (a) your use of, or activities in connection with, the Website or Services; (b) your violation or alleged violation of these Terms; (c) your violation or alleged violation of any applicable law, rule, or regulation; (d) your violation or alleged violation of any third-party right, including any intellectual property right or privacy right; or (e) any User Content you submit, post, transmit, or make available through the Website.

We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such claim. You shall not enter into any settlement that affects our rights or obligations without our prior written approval.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without giving effect to any conflict of laws principles that would result in the application of the laws of any other jurisdiction.

Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Website or Services shall be instituted exclusively in the competent courts located in Huanggang, Hubei Province, China. You and the Company each irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts on the grounds of forum non conveniens or otherwise.

Notwithstanding the foregoing, the Company may seek and obtain injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent or remedy any actual or threatened breach of confidentiality or unauthorized use of its proprietary information.

Dispute Resolution

In the interest of resolving disputes in the most efficient and cost-effective manner, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall first be attempted to be resolved through informal negotiations. The party seeking to resolve a dispute shall send a written notice describing the nature of the dispute and the proposed resolution to the other party.

If the parties are unable to resolve the dispute through informal negotiations within a period of sixty (60) calendar days from the date of the written notice, either party may elect to submit the dispute to binding arbitration administered by an internationally recognized arbitration institution mutually agreed upon by the parties, in accordance with its rules then in effect. The arbitration shall be conducted in the English language, and the seat of arbitration shall be in a location mutually agreed upon by the parties.

The arbitral award shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with the arbitration, and the fees of the arbitrator shall be shared equally unless the arbitrator determines otherwise in the award. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction as contemplated in the Governing Law section.

Changes to These Terms

We reserve the right, in our sole discretion, to modify, amend, or replace these Terms at any time and from time to time. When we make changes, we will update the Effective Date and Last Updated date at the top of this page and post the revised Terms on the Website. Changes that are material in nature will be communicated to you through reasonable means, which may include posting a notice on the Website or sending an email to the address you have provided to us.

Your continued use of the Website and Services after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree with the revised Terms, you must immediately discontinue your use of the Website and Services. It is your responsibility to review these Terms periodically for changes.

We may also, in the future, offer new services or features through the Website, including the release of new tools and resources. Such new features and services shall also be subject to these Terms. Any failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions, comments, or concerns regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Website or our Services, please reach out to us using the contact details provided below. We value your feedback and will make every reasonable effort to respond to your inquiry in a timely manner.

Company Name: Macheng Yida Labor Services Co., Ltd. (FlowWin)
Address: No. 11, South Side of Taiwan Street, Yuanlin Community, Longchi Office, Huanggang — 431600, China (CN)
Email: service@flowwin.mom
Phone: +1 (747) 946-2536
Website: https://www.flowwin.mom

For legal notices required under these Terms, including notices of disputes or claims, you must send such notices to the physical address and email address listed above. Notices sent by email shall be deemed received on the next business day after transmission. Notices sent by postal mail shall be deemed received five (5) business days after the date of mailing if sent by a recognized international courier service.