Last Updated: March 18, 2021
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Application in any manner, and each of your heirs, assigns, and successors.
If you use the Application on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION.
ANY RECORDED VIDEOS, PHOTOS, REVIEWS, OPINIONS, TOPICS, AND/OR COMMENTS POSTED BY USERS DO NOT REPRESENT THE VIEWS OF FLOWT INC OR THE FLOWT APP. FLOWT SOLELY PROVIDES THE PLATFORM THROUGH WHICH YOU CAN RECORD VIDEOS, PHOTOS, REVIEWS, OPINIONS, TOPICS, AND/OR COMMENTS. THE PROVISION OF THE OPINIONS BY YOU IS THEREFORE SUBJECT TO ANY AGREEMENT BETWEEN YOU AND ANY ANY OTHER THIRD PARTIES. FLOWT IS NEVER A PARTY TO ANY SUCH AGREEMENT AND YOU HEREBY AGREE TO RELEASE FLOWT FROM ALL LIABILITY AND CLAIMS ARISING FROM ANY ACTS OR OMISSIONS OF SUCH AGREEMENT.
In addition, Flowt does not guarantee the accuracy of the users videos, photos, opinions, topics, comments or any claims and does not independently verify, and is not liable for, representations made by users regarding their Posts on the Application.
• The Application is licensed, not sold to you, and you may use the Application only as set forth in these Terms;
• Your use of the Application may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• The Application is provided "as is" without warranties of any kind, and Flowt liability to you is limited; and Disputes arising under these Terms will be resolved by binding individual arbitration.
Use of the Flowt Service. The Flowt Service offers you an Application to record videos, photos, and text. Flowt is not responsible for inaccuracies or liabilities stemming from the videos, photos, text, or any claims.
BY USING THE Flowt SERVICES, YOU AGREE TO THE FOLLOWING RESTRICTIONS ON YOUR USE OF THE Flowt SERVICE:
You warrant that the information you provide to Flowt is accurate and complete. Flowt is entitled at all times to verify the information that you have provided and to refuse the Flowt Service for any reason or no reason. You may only access the Flowt Service using authorized means. Flowt is not liable if you do not have a compatible mobile device or computer. Flowt reserves the right to terminate the Flowt Service should you attempt to access the Flowt Service with an incompatible or unauthorized device or computer.
• You will not authorize others to use your account;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
• You will not use the Flowt Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Flowt Service to cause nuisance, annoyance or inconvenience;
• You will not try to harm the Flowt Service or impair the proper operation of any related network, platform or application in any way whatsoever;
• You will not copy, or distribute the Flowt Service or any portion or feature thereof without advance written permission from Flowt ;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Flowt Service;
• You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply;
• You will not use the Flowt Service with an incompatible or unauthorized device or computer;
• You will comply with all applicable laws and regulations while using the Flowt Service. Flowt reserves the right to immediately terminate the Flowt Service should you not comply with any of the foregoing.
• You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. Flowt reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.
Payment Terms. Flowt has no obligation to provide refunds or credits for any payments made to Flowt .
Cancellations. Flowt is a Peer to Peer opinion based app, thus any opinion is not the responsibility of Flowt . Flowt IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR EXPENSES RELATED TO ANY CANCELLATION.
Location Services. In order for the Application to fully function you must register your email address and phone number so that you can record videos, photos, and text.
Eligibility. You must be at least eighteen (17) years old to use the Application. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (17) years old; (2) That you have not previously been suspended, banned, or removed from the Application; and (3) That your registration and your use of the Application is in compliance with any and all applicable laws and regulations.
Accounts and Registration. To access some features of the Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
Flowt WILL NOT BE LIABLE AND YOU MAY BE LIABLE FOR LOSSES, DAMAGES, LIABILITY, EXPENSES, AND LAWYERS’ FEES INCURRED BY Flowt OR A THIRD PARTY ARISING FROM SOMEONE ELSE USING YOUR ACCOUNT DUE TO YOUR CONDUCT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. YOU UNDERSTAND AND AGREE THAT WE MAY REQUIRE YOU TO PROVIDE INFORMATION THAT MAY BE USED TO CONFIRM YOUR IDENTITY AND HELP ENSURE THE SECURITY OF YOUR ACCOUNT.
License. The Application is licensed, not sold, to you for use only under the terms of this license. Flowt reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Flowt hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Application on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Application. Flowt may revoke this license at any time, in its sole discretion.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Flowt that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
No Employment/Agent/ Relationship. Flowt is not an employment service and does not serve as an employer of any user of the Flowt Application, Service, or any Peer Provider. Flowt is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the Flowt Service. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, Flowt is not acting and does not act as an agent or broker for any users, Peer Providers, building, landlord, management company, or any other user of the Flowt Service.
User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that Flowt does not control, and is not responsible for, User Content, and that by using the Application, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Flowt for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
User Generated Content.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or place a targeted individual or group in harm’s way is not allowed and will get your account banned. Professional political satirists and humorists are generally exempt from this requirement.
Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence is not allowed and will get your account banned.
Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition is not allowed and will get your account banned.
Overtly sexual or pornographic material, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings" is not allowed and will get your account banned.
Inflammatory religious commentary or inaccurate or misleading quotations of religious texts is not allowed and will get your account banned.
User Content Review. You acknowledge and agree that Flowt and its designees may or may not (but do not assume any obligation to), at Flowt discretion, pre-screen User Content before its appearance on the Application. You further acknowledge and agree that Flowt reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Application.
Additionally, Flowt has the right to remove any User/User Content that violates these Terms or is otherwise objectionable in Flowt sole discretion. You acknowledge and agree that Flowt does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Text Messaging. By using the Application, you agree that Flowt and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Application, as well as marketing or other promotional messages. You will not be able to use the Application without agreeing to receive operational text messages. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Application. If you change or deactivate the phone number you provided to Flowt , you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.
Push Notifications. When you install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
Intellectual Property Ownership. The Application, and the media and materials contained in the Application, including all intellectual property rights in the Application, are the sole and exclusive property of Flowt and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Flowt in these Terms are expressly reserved.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Flowt , in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Application, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3).
Third Party Interactions. During the use of the Flowt Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Flowt Service and are beyond Flowt s control.
1.1 The App may include in-app purchases tat allow you to use the App without any further restrictions and you can access additional colors to add to your Username Text and/or Subtitle Text that will be visible inside the Augmented Reality scene within the app. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the App.
1.2 To make a purchase via IAP, you must be 18 years or older and capable of forming a binding contract. If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
1.3 More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
1.4 In App Purchases can only be consumed within the App. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the App, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
1.5 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
1.6 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the App and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.
1.7 The App (and all content included in the App) belongs to us and/or our licensors and is protected by intellectual property laws around the world. You do not own the App or any content you purchase in connection with any In-App Purchases you make; the App and any and all such content are licensed to you in accordance with these Terms.
Termination of the Agreement. The agreement between Flowt and you embodied by these User Terms may be terminated at any time. If you wish to terminate the Agreement, you must permanently delete the Flowt mobile application installed on your smart phone, thus disabling your use of the Flowt Service. Flowt is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the Flowt Service). Flowt is not obliged to give notice of the termination of the Agreement in advance. After termination Flowt will give notice thereof if required by these User Terms.
Indemnification. By using the Flowt Service, you agree that you shall defend, indemnify and hold Flowt , its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Peer Providers arranged via the Flowt Service, or (c) your use or misuse of the Flowt Service.
Liability Limitation. BY USING THE Flowt SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT Flowt AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE Flowt SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE Flowt SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE Flowt SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE Flowt SERVICE, (c) YOUR FAILURE TO PROVIDE Flowt WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE Flowt SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN Flowt . THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF Flowt , ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE Flowt SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
Disclaimer. The information, recommendations and/or services provided to you on or through the Flowt Service is for general informational purposes only and does not constitute advice. Flowt does not guarantee continuous, uninterrupted access to the Flowt Service. Although Flowt attempts to maintain the integrity and accuracy of the information accessible through the Flowt Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the Flowt Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Flowt Service by other users or third parties without Flowt s knowledge. Flowt cannot and does not guarantee that (the contents of) the Flowt Services are free of errors, defects, malware and viruses.
The quality of the recorded videos, photos, and text that is generated by the user on the Flowt Service is entirely the responsibility of the user who ultimately makes authors such content. Flowt under no circumstance accepts liability in connection with and/or arising from the recordings/posts provided by the user or any acts, action, behavior, conduct, and/or negligence on the part of the user and you hereby agree to release Flowt from all liability and claims arising from the foregoing. Any complaints about the posts provided by the user is the user’s responsibility.
Flowt AND ITS AFFILIATES PROVIDE THE Flowt SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Flowt SERVICE IS AT YOUR SOLE RISK AND THAT Flowt AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE Flowt SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE Flowt SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE Flowt SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE Flowt SERVICE WILL BE CORRECTED. Flowt AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Flowt OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Disputes. Flowt is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, landlord, management company, individual, company, entity, or other any third party. Disputes between you and Flowt are subject to this Section. You and Flowt agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.
Arbitration. In the interest of resolving Disputes between you and Flowt in the most expedient and cost effective manner, you and Flowt agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Application, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Flowt ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Arbitration between you and Flowt shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrarily.
No Class or Representative Actions. YOU AND Flowt AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Flowt agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge that these Terms are between you and Flowt only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support Applications with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (1) Product liability claims; (2) Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) Claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Application and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Application. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Confidentiality. You acknowledge and agree that when using the Application, you may have direct or indirect access or exposure to Flowt confidential information ("Confidential Information"). Confidential Information includes Flowt data, provider IDs, user information, delivery recipient information, delivery provider information, package information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Flowt designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (1) all Confidential Information shall remain the exclusive property of the Flowt ; (2) you shall not use Confidential Information for any purpose except in furtherance of your use of the Application; (3) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Application or at the request of Flowt .
Modifications. Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Application, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Application following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Application, or other similar mechanism.
You acknowledge and agree that if Flowt modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with Flowt to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Flowt agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any Dispute. We operate the Application from our offices in Delaware, and we make no representation that materials included in the Application are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Flowt or any third-party provider as a result of the Terms or use of the Application.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Flowt to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Flowt in writing.
Flowt App End User License Agreement
This End User License Agreement (“Agreement”) is between you and Flowt and governs use of this app made available through the Apple App Store. By installing the Flowt App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Flowt App.
In order to ensure Flowt provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Contact Us” screen located in Settings to contact us.
1. Parties This Agreement is between you and Flowt only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Flowt , not Apple, is solely responsible for the Flowt App and its content.
2. Privacy Flowt may collect and use information about your usage of the Flowt App, including certain types of information from and about your device. Flowt may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Flowt App.
3. Limited License Flowt grants you a limited, non-exclusive, non-transferable, revocable license to use the Flowt App for your personal, non-commercial purposes. You may only use the Flowt App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the Flowt App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Flowt App does not violate any applicable law or regulation. Your access to the Flowt App may be terminated without warning if Flowt believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Flowt App, you agree to be bound by this Agreement in respect to your child's use of the Flowt App.
5. Objectionable Content Policy Content may not be submitted to Flowt , who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty Flowt disclaims all warranties about the Flowt App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Flowt , not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support Flowt does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Flowt , not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims Flowt , not Apple, is responsible for addressing any claims by you relating to the Flowt App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Flowt App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims Flowt shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Flowt App. To the extent Flowt is required to provide indemnification by applicable law, Flowt , not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Flowt App or your use of it infringes any third party intellectual property right.
Entire Agreement. These Terms comprise the entire agreement between you and Flowt and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
If you do not agree to these Terms and Conditions or the End User License Agreement (EULA) you are not allowed to create an account at the Flowt app.
Notice & Contact. Flowt may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Application or via email to the email address listed on your Flowt account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may reach us by U.S. postal mail or any other mail carrier service at the following address:
c/o Flowt Inc
150 W 225 St, Suite 25G,
Bronx, NY 10463
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