1. Agreement and eligibility
These Terms of Service (“Terms”) govern access to and use of flywheel1.com, the flywheel1 application, and related services provided by FlyWheel1 (“we,” “us,” or “our”). By agreeing to these Terms or using the services, you agree to them. If you use the services for an organization, you represent that you have authority to bind it, and “you” means that organization and its authorized users as applicable. If you do not agree, do not use the services.
The services are intended for business use by people who are at least 18 years old. A separately signed agreement or order governs where it expressly conflicts with these Terms. Our Privacy Policy explains how we handle personal information.
2. The service and professional review
flywheel1 helps teams review engineering drawings and project documents, prepare risk-assessment material, and collaborate on engineering analysis. Features may use artificial intelligence to produce draft text, structured data, suggested hazards, and other outputs.
Outputs require review by qualified professionals before use. AI outputs can be inaccurate, incomplete, inconsistent, or unsuitable for a particular facility. They may omit hazards or misinterpret documents. You are responsible for validating source documents, assumptions, calculations, citations, safeguards, and results, and for obtaining all required professional and regulatory approvals.
The service does not replace engineering judgment, a formal safety review, independent verification, or an applicable professional duty. It does not certify that a design or facility is safe or compliant. Do not use the service as an autonomous control system, an emergency-response system, or the sole basis for decisions affecting life, health, property, or the environment.
3. Accounts and organization access
Provide accurate account information, keep credentials secure, and promptly report suspected unauthorized access. You are responsible for activity conducted through your account or by users you authorize, except to the extent caused by our breach of these Terms.
Your organization’s administrators may manage membership, permissions, and workspace content. Access may be restricted to invited or approved users. You are responsible for choosing appropriate permissions and removing access when it is no longer needed.
4. Your content and generated outputs
You retain your rights in documents, drawings, prompts, messages, and other content you submit (“Customer Content”). You represent that you have the rights, permissions, and lawful basis needed to provide that content and permit its processing through the service.
You grant us a non-exclusive license to host, copy, transmit, process, and display Customer Content as needed to provide and secure the services, support your account, and fulfill your instructions and our agreement. This includes processing by service providers used to deliver the features you request, including AI providers, as described in our Privacy Policy. This license does not transfer ownership of Customer Content to us.
As between you and FlyWheel1, and to the extent permitted by law, you own generated outputs created for you, excluding our pre-existing technology and third-party material. We assign to you any rights we may have in those outputs to that extent. Outputs may not be unique, may not qualify for intellectual-property protection, and may resemble outputs provided to others. You are responsible for reviewing outputs and ensuring your use respects applicable law and third-party rights.
5. Confidentiality
Each party will use reasonable care to protect non-public information disclosed by the other that is identified as confidential or should reasonably be understood to be confidential. Customer Content is treated as confidential. The receiving party may use such information only to perform or exercise rights under the agreement and may disclose it to personnel, advisers, and service providers who need it for those purposes and are subject to appropriate confidentiality obligations.
These obligations do not cover information that is publicly available without a breach, already lawfully known, independently developed, or lawfully obtained from another source without a duty of confidentiality. Disclosure required by law is permitted, with advance notice where legally permitted and reasonably practicable. Any separate confidentiality or data processing agreement continues to apply according to its terms.
6. Acceptable use
You must not:
- Use the services unlawfully or infringe another person’s privacy, intellectual property, or other rights.
- Upload malicious code, attempt unauthorized access, disrupt the services, or bypass access controls, security measures, or usage limits.
- Submit information you are not authorized to disclose, or regulated data requiring safeguards we have not agreed in writing to provide.
- Misrepresent AI-generated work as independently verified, professionally certified, or approved by a regulator when it is not.
- Resell the services, make them available to unauthorized parties, or reverse engineer them except as permitted by applicable law or a written agreement.
- Use the services in violation of applicable export-control or sanctions laws.
7. Our technology and feedback
We and our licensors retain rights in the service, software, interfaces, methods, documentation, branding, and other technology, excluding your Customer Content and your rights in outputs described above. Subject to these Terms and any applicable order, we permit you to access and use the services for your organization’s business purposes.
If you voluntarily provide feedback or suggestions, you permit us to use them without payment or restriction. This permission does not allow us to disclose your confidential information.
8. Fees and third-party services
Fees, payment schedules, subscription periods, renewal conditions, and any service commitments are specified in your applicable order or other agreement. These Terms do not themselves create a paid subscription or an automatic renewal. You are responsible for applicable taxes other than taxes on our net income. Refund rights are governed by your agreement and mandatory law.
Third-party services you choose to connect or use may have their own terms and privacy policies. We are not responsible for independent third-party services beyond the obligations we undertake in our agreement with you.
9. Changes, suspension, and termination
We may update features and maintain the services. Availability and functionality may vary, and trial or preview features may change or be discontinued. Any availability commitment must be stated in a separate agreement.
We may suspend or restrict access when reasonably necessary to address a security threat, unlawful conduct, material breach, or overdue payment under an applicable agreement. Where practicable, we will provide notice and a reasonable opportunity to resolve the issue. We may act immediately when needed to prevent harm or comply with law.
You may stop using the service or request account closure by contacting us. Termination of a paid service is subject to its applicable agreement. On termination, access ends and any outstanding contractual payment obligations remain due. Contact us before closure to arrange any available export of Customer Content. Retention and deletion are governed by the Privacy Policy and any applicable customer agreement. Provisions that by their nature should survive termination will survive.
10. Disclaimers
To the extent permitted by law and except as expressly stated in a signed agreement, the services and outputs are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that outputs will identify every hazard, satisfy a particular standard, or be accurate, complete, or suitable for your intended use.
Nothing in these Terms excludes a warranty or other right that cannot lawfully be excluded.
11. Limitation of liability
To the extent permitted by law, neither party will be liable under these Terms for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or loss of business opportunity, even if advised of the possibility.
To the extent permitted by law, each party’s total aggregate liability arising out of or relating to the services or these Terms will not exceed the greater of US $100 or the fees paid or payable by you to FlyWheel1 for the services in the 12 months before the event giving rise to the claim.
These limits do not limit your payment obligations, either party’s fraud or willful misconduct, or liability that cannot be limited under applicable law. A separately signed agreement may provide different liability terms.
12. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. Unless an applicable signed agreement provides otherwise, disputes will be brought in the state or federal courts located in Delaware, and each party consents to those courts’ jurisdiction. Mandatory rights and jurisdiction rules that cannot lawfully be waived remain unaffected.
Before filing a claim, we encourage you to contact info@flywheel1.com so we can try to resolve the concern. This does not prevent either party from seeking urgent relief or filing within an applicable deadline.
13. Updates and other terms
We may revise these Terms and will post the updated date. We will provide notice of material changes through the service, email, or another reasonable method before they take effect where required. Changes apply prospectively. If you do not agree to revised Terms, stop using the services and contact us about your account; existing signed agreements remain governed by their own amendment provisions.
If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other’s consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the successor assumes the obligations. These Terms and applicable orders or signed agreements form the agreement concerning the services.
14. Contact
For questions about these Terms or the service, contact FlyWheel1 at info@flywheel1.com.