Last updated: 20 May 2026
1. About these terms
These Terms of Service ("Terms") govern the relationship between Flowstate Agency Pty Ltd (ABN 36 191 396 776) ("Flowstate", "we", "us") and any individual or business ("Client", "you") that engages our services or uses our website at flowstateau.com.
By signing an onboarding agreement, making payment, or using our services, you agree to be bound by these Terms. If you do not agree, do not engage our services.
These Terms are governed by the laws of New South Wales, Australia. Nothing in these Terms limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
2. Our services
Flowstate provides AI-powered lead management and automation services for local service businesses, including but not limited to:
- Automated lead qualification and scoring
- Personalised outbound messaging and follow-up
- Weekly performance reporting
- System health monitoring
- Upsell and growth opportunity identification
The specific scope of services provided to each Client is set out in the onboarding agreement or service proposal accepted by the Client.
3. Fees and payment
Our pricing comprises:
- Setup fee — a one-time fee due prior to commencement of setup, as specified in your service proposal.
- Monthly retainer — billed in advance on a monthly basis from the date services go live.
All fees are in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added where applicable. Invoices are due within 7 days of issue. We reserve the right to suspend services for accounts more than 14 days overdue.
We may adjust our fees with 30 days written notice. Continued use of the service after a price change takes effect constitutes acceptance of the new fees.
4. Cancellation and termination
By you: You may cancel your subscription at any time by providing 30 days written notice to staff@flowstateau.com. You will continue to have access to the service during the notice period and will be charged the monthly retainer for that final month. Setup fees are non-refundable.
By us: We may terminate or suspend your access immediately if you breach these Terms, fail to pay amounts owing, or engage in conduct that is unlawful or harmful. We may also terminate the service with 30 days notice for any other reason.
Upon termination, we will provide you with a copy of your lead and reporting data in a standard format within 14 days of your request.
5. No guarantee of results
We do not guarantee any specific business outcomes, including but not limited to lead volumes, booking rates, revenue increases, or return on investment. Results depend on factors outside our control, including the quality of your existing enquiry channels, your team's follow-up practices, and market conditions.
Any figures, case studies, or examples referenced on our website represent the experiences of specific clients and are not a representation that you will achieve the same results.
6. Client obligations
You agree to:
- Provide accurate and complete information required to set up and operate the service.
- Ensure you have the necessary rights and consents to share any customer data with us for processing.
- Use our services only for lawful purposes and in accordance with these Terms.
- Not attempt to reverse-engineer, copy, or resell our technology or processes.
- Notify us promptly of any suspected security incidents or data breaches involving data we process on your behalf.
7. Data processing
In providing the service, we process personal information about your customers on your behalf. You remain the data controller for that information. We act as a data processor and will only process customer data in accordance with your instructions and our Privacy Policy.
You are responsible for ensuring that your collection and use of customer data complies with applicable privacy laws, including the Privacy Act 1988 (Cth), and that customers have been appropriately notified that their enquiry may be handled by automated systems.
8. Intellectual property
All software, systems, workflows, templates, and processes developed or used by Flowstate to deliver the service remain our exclusive property. These Terms do not grant you any ownership interest in our technology.
You retain ownership of all data you provide to us, including customer enquiry data and business information. We are granted a limited licence to use that data solely for the purpose of providing the service.
9. Confidentiality
Each party agrees to keep the other's confidential information (including business data, pricing, system architecture, and customer information) strictly confidential and not to disclose it to any third party without prior written consent, except as required by law.
10. Limitation of liability
To the maximum extent permitted by law, Flowstate's total liability to you for any claim arising out of or in connection with these Terms or our services is limited to the total fees paid by you to us in the three months preceding the event giving rise to the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive loss, including loss of revenue, loss of profit, or loss of data, even if we have been advised of the possibility of such losses.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
11. Warranties
We warrant that our services will be provided with reasonable care and skill. Where a service is not provided with reasonable care and skill, your remedy is to ask us to re-supply that service or to receive a refund of the fees paid for the affected service, at our election.
Except as set out in these Terms and any guarantees implied by the Australian Consumer Law, all other warranties, representations, and conditions are excluded to the fullest extent permitted by law.
12. Force majeure
Neither party is liable for any failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of government, telecommunications failures, or third-party platform outages.
13. Dispute resolution
If a dispute arises, the parties agree to attempt to resolve it in good faith through direct negotiation before commencing legal proceedings. If a dispute cannot be resolved within 30 days of written notice, either party may refer it to mediation in Sydney, NSW, administered by the Australian Disputes Centre or a mediator agreed by both parties.
14. General
- Governing law: These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of NSW.
- Severability: If any provision of these Terms is unenforceable, it is severed and the remaining provisions continue in full force.
- Entire agreement: These Terms, together with your onboarding agreement and our Privacy Policy, constitute the entire agreement between the parties in relation to the services.
- Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
15. Contact us
For all queries relating to these Terms:
- Email: staff@flowstateau.com
- Business: Flowstate Agency Pty Ltd, Sydney NSW 2000, Australia