Terms of Service
These Terms of Service ("Terms") govern your access to and use of the FlowGuard website, Client Portal, devices and related services (together, the "Services"), operated by FlowGuard Solutions Limited ("FlowGuard", "we", "us", "our"). By accessing the website, creating an account or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm you are authorised to do so.
Definitions
"Client Portal" means the authenticated FlowGuard application. "Sentinel" means our monitoring devices and firmware. "Content" means information, data, reports and materials made available through the Services. "You" means the individual or organisation using the Services.
Eligibility and accounts
Certain features require an account. You must provide accurate information, keep your credentials confidential, and are responsible for all activity under your account. Notify us promptly of any unauthorised use. We may suspend or terminate accounts that breach these Terms or present a security or legal risk.
The Services
FlowGuard provides flood-risk assessments, drainage-infrastructure monitoring and related intelligence. Deployment specifics, deliverables, fees and service levels for paid engagements are set out in a separate order or agreement, which prevails over these Terms in the event of conflict for that engagement.
Acceptable use
You agree to use the Services lawfully and not to: misuse, disrupt or attempt to gain unauthorised access to the Services or their infrastructure; interfere with Sentinel devices except as authorised; reverse-engineer or resell the Services; or upload unlawful, infringing or harmful content.
Fees and payment
Where the Services are provided for a fee, charges, billing frequency and payment terms are as stated in your order or agreement. Unless stated otherwise, fees are exclusive of applicable taxes and are non-refundable except as required by law.
Intellectual property
The Services, including their content, design, software, trademarks and materials, are owned by FlowGuard or its licensors and are protected by applicable laws. We grant you a limited, non-exclusive, non-transferable right to use the Services for their intended purpose. You may not copy, modify, distribute or create derivative works without our permission. You retain rights in the data you provide, and grant us the rights needed to operate and improve the Services.
Third-party services and data
The Services may rely on third-party data and platforms (for example, mapping, weather and climate sources). We are not responsible for the accuracy or availability of third-party services, and their use may be subject to their own terms.
Disclaimers
The Services and Content are provided on an "as is" and "as available" basis. Flood-risk scores, forecasts and infrastructure information are indicative and provided for general guidance; they do not guarantee outcomes and do not replace professional judgement, engineering advice or on-site assessment. FlowGuard is not an emergency service. In an emergency, contact the appropriate emergency and disaster-management authorities. To the extent permitted by law, we disclaim implied warranties, including merchantability and fitness for a particular purpose.
Limitation of liability
To the fullest extent permitted by law, FlowGuard will not be liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, data or goodwill, arising from your use of or inability to use the Services. Our total aggregate liability arising out of or relating to the Services is limited to the amounts you paid to us for the Services in the twelve months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
Indemnity
You agree to indemnify FlowGuard against claims, losses and costs arising from your breach of these Terms or your unlawful use of the Services.
Term and termination
You may stop using the Services at any time. We may suspend or terminate access for breach of these Terms, legal requirements, or risks to the Services or others. Provisions that by their nature should survive termination will do so.
Governing law
These Terms are governed by the laws of the Federal Republic of Nigeria, and the courts of Nigeria have jurisdiction, without prejudice to any mandatory rights you may have under applicable law.
Changes
We may update these Terms from time to time. We will post the updated version here and revise the "Last updated" date above. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
Contact
FlowGuard Solutions Limited — questions about these Terms can be sent to info@flowguard.ng.