Terms of Service

Last updated on 10 Mar 2025

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND CAVINTEK, INC. (hereinafter “Cavintek”) GOVERNING YOUR USE OF CFLOW WORKFLOW AUTOMATION SOFTWARE and SKILLROBO PRE-EMPLOYMENT ASSESSMENT SOFTWARE (hereinafter “Service(s)”) UNDER THE FOLLOWING TERMS AND CONDITIONS (hereinafter “Terms”).

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms or by actually using the Services.

Description of Service

The “Service” or “Services” includes the following:

Cflow is a cloud-based workflow automation platform for creating applications for business process automation using a visual drag-and-drop interface. Cflow also includes an application programming interface (API) and a mobile application.

SkillRobo is a pre-employment assessment platform for creating online tests using a wide variety of skills and tests.

You may use the Services for business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account, and if you choose to do so, you can publish and share such content.

Subscription to Beta Service

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Cavintek will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website https://www.cavintek.com/terms-of-service/. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

Account Registration and Administration

To register to the Services for the first time, you shall create an account for the Services (“Account”). By creating an Account and registering to use the Services you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Account, a Cavintek customer (“Customer”). The first user of the Account is automatically assigned as an Account administrator (“Admin”). 

When creating an Account or when you are added into an Account and creating your user profile (“User Profile”), you: (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account, User Profile and password, including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Services; (iv) agree that personal information you provide to Cavintek through the Service is governed by Cavintek’s Privacy Policy and Your election to use the Service indicates your acceptance of the terms of the Cavintek Privacy Policy; and (v) undertake to promptly notify us via email to info(at)cavintek.com or by calling us on any of the numbers listed on https://www.cavintek.com/contact-us as soon as you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms. We may assume that any communications we receive under your User Profile have been made by you. You will be solely responsible and liable for any losses, damages, liability, and expenses incurred by us or a third party due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.

The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Customer, and any decision or action made by any Admin is deemed as a decision or action of the Customer. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Services and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade Services; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, change, all or part of your Data; (iv) assign certain privileges to such other Users; and (v) integrate or disable integration with Third Party Services.

Updates and Availability

Any enhancements, new features, or updates (“Updates”) to the Services are also subject to these Terms, and Cavintek reserves the right to deploy Updates at any time. The Services may temporarily be unavailable due to scheduled downtime for upgrades and maintenance, in which case We shall use commercially reasonable endeavors to notify You in advance. In the event of any unavailability of the Platform, the applicable service credits and the support provided by Us shall be in accordance with the service level and support model set forth in the Order Form.

Communications from Cavintek

The Service may include certain communications from Cavintek, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you with total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages.

Subscriptions, Fees, and Payments

The pricing plan for the Services shall be as set forth in the Cflowapps and SkillRobo Websites or by a custom quote sent via email. For Enterprise plans, pricing would be as specified in the corresponding Order Form. All charges associated with the Services purchased by You (“Charges”), including but not limited to subscription fees, setup fees, and any other associated fees, shall be as set forth in the applicable Order Form. All Charges are due in full and payable in advance by You. Cavintek reserves the right to change the Charges from time to time. You hereby authorize Cavintek or Our authorized agents, as applicable, to bill You upon Your subscription to the Services (and any renewal thereof). Unless otherwise stated in an Order Form, all payments are due immediately upon the receipt of the invoice by You. All Payments are non-refundable. No refunds will be issued for partial use or non-use of the Services. We will notify You in the event Cavintek does not receive payment towards Charges within the due date. We reserve the right to charge interest for late payment @1.5% per month on the outstanding amount payable to Cavintek. The Charges do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use or withholding taxes applied by any local, state, provincial, or foreign jurisdiction (“Taxes”). We recommend You to make payment to the Services through wire transfer or automatic clearing house (“ACH”), or accepted credit cards. Additional services may be delivered by Cavintek according to then-current rates for time and actual expenses incurred in the delivery of such service at a cost mutually agreed to in advance by the parties under a separate Order Form. This shall apply in particular for specific customization and integration to third-party tools specifically requested by the customer and training of customers and/or users.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Cavintek, Inc. the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for Cavintek’s commercial, marketing, or any similar purpose. But you grant Cavintek permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

Sample files and Applications

Cavintek may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Cavintek makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

Trademark

Cavintek, Cavintek logo, Cflow, Cflow logo, SkillRobo, SkillRobo logo, the names of individual Services, and their logos are trademarks of Cavintek. You agree not to display or use, in any manner, the Cavintek trademarks without Cavintek’s prior permission.

Publicity Rights 

You hereby grant Cavintek the right to identify You as Cavintek’s Customer on Our websites and/or marketing collateral and to include Your use of the Services in case studies.

Confidentiality

In connection with these Terms and the Services (including the evaluation thereof), each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior to or after the Effective Date (“Confidential Information”). For the avoidance of doubt, (i) Customer Data is regarded as Customer’s Confidential Information, and (ii) our Site, Services, Trial Services and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Services, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.

The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.

Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. CAVINTEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAVINTEK MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CAVINTEK, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT CAVINTEK SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CAVINTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CAVINTEK RELATED TO ANY OF THE SERVICES SHALL BE THE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL CAVINTEK’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Cavintek, Inc, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Cavintek.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Delaware, without regard to principles of conflicts of laws. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity, or termination) shall be submitted exclusively to the competent courts located at the State of Delaware, USA to the exclusion of any other court that may have jurisdiction in the matter and you consent to exclusive jurisdiction and venue in such courts.

Term and Termination

The Term shall be as set forth in the Order Form. You may terminate Your Account in the event of any material breach committed by Us, provided You provide Cavintek with a written notice of such breach and allow Cavintek not less than thirty (30) days to cure such breach. Cavintek reserves the right to terminate Your Account at any time by written notice due to business reasons which shall include discontinuation of the Services. Notwithstanding anything contained herein, either Party may terminate the Account and Services with notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies) which are dismissed within sixty (60) days, or has a receiver or trustee appointed for substantially all of its property.

Following the termination of Your Account or the Services, either by You or by Cavintek, Your access and use of the Services shall cease. Upon receiving a written request from You, Cavintek shall provide Your Data within thirty (30) days from the date of effective termination in a form mutually agreed (“Data Retention Period”). Beyond the Data Retention Period, We reserve the right to delete all Your Data in Our possession.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at legal(at)cavintek.com.