Terms of use

1. Agreement and authority

NativeFlow is operated by ETHERAPPS PTY. LTD. (ABN 58 146 256 493), referred to in these terms as we, us or NativeFlow.

By creating an account, accepting an invitation, purchasing a plan or using the service, you agree to these terms. If you act for an organisation, you confirm that you are authorised to bind that organisation. In that case, you includes the organisation and its authorised users where the context requires.

You must be at least 16 to use NativeFlow. A person creating an organisation or purchasing a subscription must be at least 18 and authorised to do so. Users under 18 must use the service with their organisation's permission and supervision.

If we and your organisation sign a separate written agreement or order form, that document prevails to the extent of any inconsistency with these terms.

2. The service and plans

We grant you a limited, non-exclusive, non-transferable right to use NativeFlow for your organisation's internal seed collection and seed-management work while your account remains active and subject to the limits of your plan.

Current plan features, allowances and prices are shown on the pricing page and at checkout. Limits may include members, active projects, evidence storage, file transfer, field-media capture, templates and exports. We do not impose usage-overage charges without your express agreement. When a limit is reached, the relevant new operation may be restricted until usage is reduced or the plan is changed.

The Free plan has no fixed expiry and does not require a payment card. We may change or discontinue a Free plan by giving at least 30 days' notice and a reasonable opportunity to export organisation data.

3. Paid subscriptions

Paid plans are annual subscriptions for one organisation. Prices are in Australian dollars and exclude GST unless checkout states otherwise. By purchasing a plan, you authorise our payment provider to charge the displayed amount and applicable tax at the start of the subscription and each renewal.

Your paid plan automatically renews for another year unless an owner or administrator turns off renewal before the renewal date. You can do this through Manage billing in NativeFlow or by contacting us. Cancellation takes effect at the end of the already-paid period, and paid access continues until then.

You can manage payment methods, invoices, renewal, cancellation and available plan changes through the billing portal. We do not provide partial refunds for a change of mind, but this does not limit any refund or remedy required by law. If we discontinue a paid service before the end of its paid term for reasons other than your breach, we will provide a proportionate refund for the unused period.

We will give at least 30 days' notice of a price increase, which will apply from your next renewal. You may cancel before that renewal. A downgrade will not automatically delete existing records or files, but new uploads, projects, invitations or other operations may be restricted while usage exceeds the new limits.

If payment fails, we may restrict access after a 14-day payment grace period and reasonable notice. We will restore plan access after outstanding payment is resolved, subject to ordinary processing time.

4. Organisation data and privacy

Your organisation retains ownership of the records, files and other content its users enter or upload (Organisation Data). You give us a non-exclusive licence to host, copy, process, transmit, display and back up Organisation Data only as needed to provide, secure, maintain and support NativeFlow, comply with law, or follow your organisation's lawful instructions.

Organisation owners and administrators control membership and access. Your organisation is responsible for deciding who may see precise locations, original evidence and other sensitive records, and for removing or changing access when it is no longer appropriate. Invitation links must be shared only with their intended recipients.

We handle personal information as described in our privacy policy. Your organisation is responsible for providing any notices and obtaining any permissions it needs before entering personal information about workers, landholders, partners or other people.

We treat Organisation Data as confidential and disclose it only to authorised users, service providers that help us operate NativeFlow, as your organisation directs, or where law requires. Current provider categories, their roles and where they process information are described in the privacy policy.

5. Public verification and exports

Public seed-lot verification is optional. If an authorised user publishes a verification page, the selected seed-lot information becomes available to anyone with the link or QR code and may be copied or indexed outside NativeFlow. Your organisation must review the page before publishing it and can unpublish it through the service.

Exports and original files can contain precise locations, names, notes and embedded photo metadata. Once downloaded or shared outside NativeFlow, your organisation is responsible for securing them and deciding who may receive them.

6. Your responsibilities

You and your organisation are responsible for:

• the legality, accuracy and quality of Organisation Data, including species identifications, quantities, provenance, test results and status decisions;
• obtaining land access, collection permits, licences, consents and cultural or community permissions required for the work;
• complying with environmental, biosecurity, workplace-safety, employment, privacy and records laws that apply to your activities;
• field safety, risk assessments, supervision and decisions made using the service;
• keeping account credentials and devices secure and promptly telling us about suspected unauthorised access;
• checking the offline sync queue before signing out, resetting a device or removing locally stored work; and
• making exports needed for your own legal, contractual, archival or continuity requirements.

NativeFlow records what users supply. It is not a government register, permit system, laboratory, taxonomic authority or certification body, and a NativeFlow record, label, certificate or verification page does not by itself prove legal compliance, species identity, seed quality or fitness for a particular purpose.

7. Acceptable use

You must not use NativeFlow to:

• break the law, infringe another person's rights, or collect, expose or trade sensitive location information without authority;
• upload malicious code or content that is unlawful, deceptive, abusive or materially harmful;
• probe, bypass or interfere with security, access controls, plan limits or another organisation's data;
• share an individual account, impersonate another person, or use false account information;
• scrape, resell or provide the service to third parties except as expressly permitted by your plan or a written agreement; or
• reverse engineer the service except to the extent the law gives you a right that cannot be excluded.

8. Availability, offline use and third parties

We take reasonable care in operating NativeFlow, but the service is not guaranteed to be uninterrupted or error-free. Maintenance, internet and mobile coverage, device behaviour, provider incidents and events outside our reasonable control can affect availability or syncing. Any availability commitment in a separate written service-level agreement prevails over this paragraph.

Offline work remains on the device until it syncs. Unsynced work can be lost if the app is cleared, the user signs out after acknowledging the warning, the device fails, or the app is removed. Users should check the visible sync status before relying on a record as uploaded.

NativeFlow uses third-party hosting, authentication, payment, mapping and other services. Their availability and external content are outside our direct control. We may replace a provider where reasonably required, subject to our privacy and security commitments.

9. Intellectual property

We and our licensors own NativeFlow, including its software, interface, documentation, branding and underlying intellectual property. These terms do not transfer that ownership to you. Third-party datasets, maps and reference material remain subject to their own notices and licences.

If you give us feedback, you allow us to use it without restriction or payment, but we will not identify you publicly as its source without permission. You remain responsible for having the rights needed to upload Organisation Data.

10. Suspension and ending use

We may suspend only the affected account, user, feature or content where reasonably necessary to address a security threat, unlawful use, material breach, non-payment or material risk to the service or another customer. Where practicable, we will give notice, explain the reason and allow a reasonable opportunity to fix the issue. We may act immediately where delay would create material harm or legal exposure.

An organisation owner may request account closure by contacting us. Before closure, the organisation should export anything it needs to retain. A user may stop using the service at any time, but leaving an organisation does not delete that organisation's records.

When an organisation account closes, we delete its Organisation Data within 90 days as described in the privacy policy, except information we must retain by law. Terms that by their nature continue after closure—including ownership, confidentiality, accrued payment, liability and dispute provisions—remain in effect.

11. Australian Consumer Law and warranties

Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

Subject to those non-excludable rights, NativeFlow is provided on an “as available” basis. We do not promise that it will meet every organisation's regulatory, scientific, contractual or operational requirements, or that information entered by users or supplied by third parties is complete or correct.

Where the Australian Consumer Law permits us to limit a remedy for services not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again, where it is fair and reasonable to do so.

12. Liability

To the extent permitted by law, neither party is liable to the other for loss that was not reasonably foreseeable when the parties entered these terms, or for indirect loss of profit, revenue, opportunity or goodwill.

To the extent permitted by law, each party's total liability arising from these terms in any 12-month period is limited to the greater of A$1,000 and the fees paid or payable for the affected organisation during that period.

Those exclusions and limits do not apply to payment obligations, fraud, wilful misconduct, death or personal injury, infringement of another party's intellectual property, breach of confidentiality or privacy obligations, or any liability that cannot lawfully be excluded or limited. Each party must take reasonable steps to reduce avoidable loss.

13. Changes to these terms or the service

We may update these terms to reflect service, legal or operational changes. We will post the revised terms with a new date and give account holders at least 30 days' notice of a material change. A change required urgently for law or security may take effect sooner, but we will still give as much notice as reasonably practicable.

If a material change substantially disadvantages a paid organisation during a prepaid term, its owner may reject the change by closing the account before it takes effect and request a proportionate refund for the unused period. Continued use after the effective date constitutes acceptance of the revised terms.

We may improve or change features over time. We will not materially reduce the core paid service during a prepaid term without a reasonable operational, security or legal reason. If we do and cannot provide a reasonable alternative, the organisation may end the paid plan and receive a proportionate refund for the unused period.

14. Disputes and governing law

Please contact us first so we can try to resolve a concern promptly. Each party will act reasonably and try in good faith to resolve a dispute before starting court proceedings, except where urgent orders are needed or a statutory time limit is approaching.

These terms are governed by the laws applying in Tasmania, Australia. The parties submit to the courts of Tasmania and courts entitled to hear appeals from them. This does not prevent you from using a tribunal, regulator, complaint body or other right available under applicable law.

15. General terms

Neither party is responsible for delay caused by events outside its reasonable control, provided it takes reasonable steps to reduce the effect and resumes performance when it can. If a paid service is materially unavailable for more than 30 consecutive days for such a reason, the organisation may end the affected plan and receive a proportionate refund for the unused period.

If a term is invalid or unenforceable, it is read down or removed only to the extent necessary and the remaining terms continue. A failure to enforce a term is not a waiver. These terms and any applicable order form are the entire agreement about the service, excluding anything the law does not allow the parties to exclude.

Neither party may transfer these terms without the other's consent, which must not be unreasonably withheld, except to a related body corporate or as part of a genuine sale or reorganisation of the relevant business. The transferring party must give notice, and a transfer by us must not reduce your rights under an existing prepaid term.

16. Contact

Product, billing, legal and account-closure enquiries can be sent to info@etherapps.com.au. Notices from us may be delivered to the account email address or displayed prominently in NativeFlow. You are responsible for keeping your account email current.