Terms & Conditions

Terms of Service

Last updated: 10/01/2024

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE (these “Terms”). YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS. FURTHER, IF YOU ACCESS THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE (“THE SERVICES”).

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Services, including any user interface. Your continued use of the Services or any user interface following the posting of revised Terms shall constitute your acceptance and agreement to be bound by the changes. Should you not wish to be bound by this Agreement, including the mandatory arbitration provision and class action waiver in Section 16 do not use the Services.

Flow grants you a limited, conditioned, nonexclusive, nontransferable, non-sublicensable, and revocable license to access and use the Services (“License”), provided that you access and use the Services only for lawful purposes and in accordance with these Terms.

You understand that Flow can revoke, suspend or terminate this License for any reason at our sole discretion. You understand that this License is provided on a temporary basis only, and that such License is not intended to nor shall it be provided on a permanent basis. You further acknowledge that the revocation, suspension or termination of this License does not allow you to withhold or deduct rent or to seek any offset, reduction, concession or abatement based on diminution of services or breach of any express or implied warranty of habitability due to any conditions arising from the revocation, suspension or termination of this License or from your inability to access the Services.

You agree not to use the Service:

In any way that violates any applicable federal, state, local or international law or regulation.

To use or attempt to use another user’s account without explicit authorization from that user and Flow.

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 7 of these Terms.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, unless otherwise permitted by the Content Standards.

To impersonate or attempt to impersonate Flow, an employee of Flow or its affiliates, another user, or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).

To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or expose to liability either Flow or users of the Services.

Additionally, you agree you will not:

Use the Services in any manner that could disable, overburden, damage, or impair the Flow App or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Develop any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Flow App.
Use any manual process to monitor or copy any of the material on the Flow App or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, communications from the Flow App, and the design, selection and arrangement thereof), are owned by Flow, its licensors or other providers of such material and are protected by United States and other applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Flow App, except as follows:

Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials. You may store files that are automatically stored by your device. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
You must not access or use any part of the Services for any unauthorized purpose. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Services not expressly permitted herein is a breach of these Terms and may violate copyright, trademark and other laws.

TRADEMARKS

The Flow name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Flow or its affiliates or licensors. You must not use such marks without the prior written permission of Flow.

We will promptly investigate notices of alleged infringement and of taking appropriate actions required under the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Flow’s Designated Agent. Notification must be submitted to the following address for Flow’s agent:

Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808

Email: [email protected]

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Flow to locate the material;
Information reasonably sufficient to permit Flow to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
You understand that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Flow for certain costs and damages.

LINKS TO THIRD PARTIES

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY SERVICES ARE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL FLOW, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES PROVIDED THROUGH OR LINKED TO IT, ANY CONTENT OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

EXCEPT FOR WILLFUL OR MALICIOUS TORTIOUS OR CRIMINAL ACTS BY FLOW, YOU AGREE THAT IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FLOW (AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS AND SUPPLIERS) EXCEED ONE HUNDRED DOLLARS ($100.00)..

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Flow, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to any use of the Services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Flow, its affiliates, licensors and service providers.

GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Flow and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Flow seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Flow seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Flow waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, any legal suit, action or proceeding arising out of, or related to, these Terms or the Services that cannot be settled by agreement of the parties shall be finally settled in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS") then in force, by one or more arbitrators appointed in accordance with those rules. You either acknowledge and agree that you have read and understand the rules of JAMS, which are available on the JAMS website, or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. The place of arbitration shall be New York, New York. Arbitration proceedings shall be confidential.

Proceedings to resolve any dispute in any forum shall be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action unless agreed to by all parties in advance of commencement of the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

You and Flow agree that these Terms affect interstate commerce and that enforceability will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Flow agree that for any arbitration you initiate, you will pay the filing fee and Flow will pay the remaining JAMS fees and costs. For any arbitration initiated by Flow, Flow will pay all JAMS fees and costs. You and Flow agree that the state or federal courts of the State of New York and the United States sitting in New York County, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Flow will not have the right to assert the claim.

WAIVER AND SEVERABILITY

No waiver of or by Flow of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Flow to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

The Terms and your acknowledgement of our Privacy Policy constitute the sole and entire agreement between you and Flow with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.