Terms
of Service
Effective date: March 30, 2024
Last updated date: March 29, 2024
Welcome
to FlowGPT. Please read on to learn the rules and
restrictions that govern your use of our mobile application called “FlowGPT”, and the associated products, services and
features (the “Services”). FlowGPT is one of our
products and services. Your use of our other products and services and their
associated websites, applications, and other materials are subject to other
terms applicable to them. If you have any questions, comments, or concerns
regarding these terms or the Services, please contact us at:
Email:
jay@flowgpt.com
Address:
385 14TH St. APT 1502, Oakland, CA 94612[C&F1]
These Terms of Service ("Terms")
govern your access to and use of the website, products, and services
(collectively, "Services") provided by FlowGPT Co. [C&F2] ("we",
"us", “FlowGPT” or "our"). Your use of the
Services in any way means that you agree to all of these Terms, and these Terms
will remain in effect while you use the Services. These Terms include the
provisions in this document as well as those in the Privacy Policy, Copyright
Dispute Policy and any other relevant policies.
Your
use of or participation in certain Services may also be subject to additional
policies, rules and/or conditions (“Additional Terms”), which are incorporated
herein by reference, and you understand and agree that by using or
participating in any such Services, you agree to also comply with these
Additional Terms.
Please
read these Terms carefully. They cover important information about Services
provided to you and any charges, taxes, and fees we bill you. These
Terms include information about future changes to these Terms, limitations of
liability, a class action waiver and resolution of disputes by arbitration
instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES
ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE
FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION
NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US
WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will
these Terms ever change?
We
are constantly trying to improve our Services, so these Terms may need to
change along with our Services. We reserve the right to change the Terms at any
time, but if we do, we will place a notice on the FlowGPT
application, send you an email, and/or notify you by some other means.
If
you don’t agree with the new Terms, you are free to reject them; unfortunately,
that means you will no longer be able to use the Services. If you use the
Services in any way after a change to the Terms is effective, that means you
agree to all of the changes.
Except
for changes by us as described here, no other amendment or modification of
these Terms will be effective unless in writing and signed by both you and us.
What
about my privacy?
FlowGPT takes the privacy of its users very seriously. For the
current FlowGPT Privacy Policy, please click here[C&F3] .
Children’s
Online Privacy Protection Act
The
Children’s Online Privacy Protection Act (“COPPA”) requires that online service
providers obtain parental consent before they knowingly collect personally
identifiable information online from children who are under thirteen (13).
Our
Services are not directed to children under 16. Also, we do not knowingly
collect or solicit personally identifiable information from children under
sixteen (16). Specifically, we do not collect any personal information as
defined by COPPA from the FlowGPT mobile application
when a user only uses such application without registering an account with the FlowGPT Services, and we do not allow users who identify
themselves as under the age of 16 to register for an account with the FlowGPT Services. If you are a child under sixteen (16),
please do not attempt to register for an account with the Services or otherwise
send any personal information about yourself to us. If we learn we have
collected personal information from a child under sixteen (16), we will delete
that information as quickly as possible. If you believe that a child under
sixteen (16) may have provided us with personal information, please contact us
at jay@flowgpt.com.
What
are the basics of using FlowGPT?
If
you want to use certain features of our Services, you may be required to sign
up for an account, select a password, and provide us with certain information
or data, such as your email addresses. For comprehensive
information, please review our Privacy Policy[C&F4] . You promise to provide us with accurate, complete, and
updated registration information about yourself. You may not enter contact
information that you do not have the right to use, or another person’s contact
information with the intent to impersonate that person. You may not transfer
your account to anyone else without our prior written permission.
You
represent and warrant that you are an individual of legal age to form a binding
contract (or if not, you’ve received your parent’s or guardian’s permission to
use the Services and have gotten your parent or guardian to agree to these
Terms on your behalf). As noted above, if you’re under the age of 16, you may
not use the Individual Mode of our Services. You will only use the Services for
your own internal, personal, non-commercial use, and not on behalf of or for
the benefit of any third party, and only in a manner that complies with all
laws that apply to you. If your use of the Services is prohibited by applicable
laws, then you aren’t authorized to use the Services. We can’t and won’t be
responsible for your using the Services in a way that breaks the law.
You
will not share your FlowGPT User ID, account or
password with anyone, and you must protect the security of your FlowGPT User ID, account, password and any other access
tools or credentials. You’re responsible for any activity associated with your FlowGPT User ID and account.
Are
there restrictions in how I can use the Services?
You
represent, warrant, and agree that you will not contribute any Content or User
Submission (each of those terms is defined below) or otherwise use the Services
or interact with the Services in a manner that:
A
violation of any of the foregoing is grounds for termination of your right to
use or access the Services.
What
are my rights in the Services?
The
materials displayed or performed or available on or through the Services,
including, but not limited to, text, graphics, data, articles, photos, images,
illustrations, User Submissions (as defined below) and so forth (all of the
foregoing, the “Content”) are protected by copyright and/or other intellectual
property laws. You promise to abide by all copyright notices, trademark rules,
information, and restrictions contained in any Content you access through the
Services, and you won’t use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell,
commercialize or otherwise exploit for any purpose any Content not owned by
you, (i) without the prior consent of the owner of
that Content or (ii) in a way that violates someone else’s (including FlowGPT's) rights.
Subject
to these Terms, we grant each user of the Services a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use (i.e., to download and
display locally) Content solely for purposes of using the Services. Use,
reproduction, modification, distribution or storage of any Content for any
purpose other than using the Services is expressly prohibited without prior
written permission from us. You understand that FlowGPT
owns the Services. You won’t modify, publish, transmit, participate in the
transfer or sale of, reproduce (except as expressly provided in this Section),
create derivative works based on, or otherwise exploit any of the Services. The
Services may allow you to copy or download certain Content, but please remember
that even where these functionalities exist, all the restrictions in this
section still apply.
What
about anything I contribute to the Services –what standards should I comply?
User
Submissions
Anything
you post, upload, share, store, or otherwise provide through the Services is
your “User Submission”. Some User Submissions may be viewable by other users.
You are solely responsible for all User Submissions you contribute to the
Services. You represent that all User Submissions submitted by you are accurate,
complete, up-to-date, and in compliance with all applicable laws, rules and
regulations.
Content
Standards
These
content standards (the “Content Standards”) apply to any and all User
Submissions and use of the Services. User Submissions must in their entirety
comply with all applicable federal, state, local, and international laws and
regulations. Without limiting the foregoing, you agree that you will not post,
upload, share, store, or otherwise provide through the Services any User
Submissions that:
Who
is responsible for what I see and do on the Services?
Any
information or Content publicly posted or privately transmitted through the
Services is the sole responsibility of the person from whom such Content
originated, and you access all such information and Content at your own risk,
and we aren’t liable for any errors or omissions in that information or Content
or for any damages or loss you might suffer in connection with it. We cannot
control and have no duty to take any action regarding how you may interpret and
use the Content or what actions you may take as a result of having been exposed
to the Content, and you hereby release us from all liability for you having
acquired or not acquired Content through the Services. We can’t guarantee the
identity of any users with whom you interact in using the Services and are not
responsible for which users gain access to the Services.
You
are responsible for all Content you contribute, in any manner, to the Services,
and you represent and warrant you have all rights necessary to do so, in the
manner in which you contribute it.
The
Services may contain links or connections to third-party websites or services
that are not owned or controlled by FlowGPT. When you
access third-party websites or use third-party services, you accept that there
are risks in doing so, and that FlowGPT is not
responsible for such risks.
FlowGPT has no control over, and assumes no responsibility for, the
content, accuracy, privacy policies, or practices of or opinions expressed in
any third-party websites or by any third party that you interact with through
the Services. In addition, FlowGPT will not and
cannot monitor, verify, censor or edit the content of any third-party site or
service. We encourage you to be aware when you leave the Services and to read
the terms and conditions and Privacy
Policy[C&F6] of each third-party
website or service that you visit or utilize. By using the Services, you
release and hold us harmless from any and all liability arising from your use
of any third-party website or service.
Your
interactions with organizations and/or individuals found on or through the
Services, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties. You
agree that FlowGPT shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings.
If
there is a dispute between participants on this site or Services, or between
users and any third party, you agree that FlowGPT is
under no obligation to become involved. In the event that you have a dispute
with one or more other users, you release FlowGPT,
its directors, officers, employees, agents, and successors from claims,
demands, and damages of every kind or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way related to
such disputes and/or our Services. You shall and hereby do waive California
Civil Code Section 1542 or any similar law of any jurisdiction, which says in
substance: “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the
time of executing the release and that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.”
Will
FlowGPT ever change the Services?
We’re
always trying to improve our Services, so they may change over time. We may
suspend or discontinue any part of the Services, or we may introduce new
features or impose limits on certain features or restrict access to parts or
all of the Services. We’ll try to give you notice when we make a material
change to the Services that would adversely affect you, but this isn’t always
practical. We reserve the right to remove any Content from the Services at any
time, for any reason (including, but not limited to, if someone alleges you
contributed that Content in violation of these Terms), in our sole discretion,
and without notice.
What
if I want to stop using the Services?
You’re
free to do that at any time by contacting us at jay@flowgpt.com; please refer to our Privacy Policy[C&F7] , as well as the
licenses above, to understand how we treat information you provide to us after
you have stopped using our Services.
FlowGPT is also free to terminate (or suspend access to) your use
of the Services or your account for any reason in our discretion, including
your breach of these Terms. FlowGPT has the sole
right to decide whether you are in violation of any of the restrictions set
forth in these Terms.
Account
termination may result in destruction of any Content associated with your
account, so keep that in mind before you decide to terminate your account. We
will try to provide advance notice to you prior to our terminating your account
so that you are able to retrieve any important User Submissions you may have
stored in your account (to the extent allowed by law and these Terms), but we
may not do so if we determine it would be impractical, illegal, not in the
interest of someone’s safety or security, or otherwise harmful to the rights or
property of FlowGPT. The Services have the
functionality that allows you to download your User Submissions. Since we may
not be storing your User Submissions after the termination of your account or
the Services to you, please remember to download and store your User Submissions
before such termination.
If
you have deleted your account by mistake, contact us immediately at jay@flowgpt.com– we will try to
help, but unfortunately, we can’t promise that we can recover or restore
anything.
Provisions
that, by their nature, should survive termination of these Terms shall survive
termination. By way of example, all of the following will survive termination:
any obligation you have to pay us or indemnify us, any limitations on our
liability, any terms regarding ownership or intellectual property rights, and
terms regarding disputes between us, including without limitation the
arbitration agreement.
What
else do I need to know?
Warranty
Disclaimer. FlowGPT and its licensors, suppliers, partners, parent,
subsidiaries or affiliated entities, and each of their respective officers,
directors, members, employees, consultants, contract employees, representatives
and agents, and each of their respective successors and assigns (FlowGPT and all such parties together, the “FlowGPT Parties”) make no representations or warranties
concerning the Services, including without limitation regarding any Content
contained in or accessed through the Services, and the FlowGPT
Parties will not be responsible or liable for the accuracy, copyright
compliance, legality, or decency of material contained in or accessed through
the Services or any claims, actions, suits procedures, costs, expenses, damages
or liabilities arising out of use of, or in any way related to your
participation in, the Services. The FlowGPT Parties
make no representations or warranties regarding suggestions or recommendations
of services or products offered or purchased through or in connection with the
Services. THE SERVICES AND CONTENT ARE PROVIDED BY FLOWGPT (AND ITS LICENSORS
AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT
USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Limitation
of Liability. TO
THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE) SHALL ANY OF THE FLOWGPT PARTIES BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES
OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF
(I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU
TO FLOWGPT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD
PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE
CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Indemnity. You agree to
indemnify and hold the FlowGPT Parties harmless from
and against any and all claims, liabilities, damages (actual and
consequential), losses and expenses (including attorneys’ fees) arising from or
in any way related to any claims relating to (a) your use of the Services
(including any actions taken by a third party using your account), and (b) your
violation of these Terms. In the event of such a claim, suit, or action
(“Claim”), we will attempt to provide notice of the Claim to the contact
information we have for your account (provided that failure to deliver such
notice shall not eliminate or reduce your indemnification obligations
hereunder).
Assignment. You may not
assign, delegate or transfer these Terms or your rights or obligations
hereunder, or your Services account, in any way (by operation of law or
otherwise) without FlowGPT's prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations
without consent.
Choice
of Law. These Terms are
governed by and will be construed under the Federal Arbitration Act, applicable
federal law, and the laws of the State of California, without regard to the
conflicts of laws provisions thereof.[C&F8]
Arbitration
Agreement. Please
read the following ARBITRATION AGREEMENT carefully because it requires you to
arbitrate certain disputes and claims with FlowGPT
and limits the manner in which you can seek relief from FlowGPT. Both
you and FlowGPT acknowledge and agree that for the
purposes of any dispute arising out of or relating to the subject matter of
these Terms and/or the Services, FlowGPT's officers,
directors, employees and independent contractors (“Personnel”) are third-party
beneficiaries of these Terms, and that upon your acceptance of these Terms,
Personnel will have the right (and will be deemed to have accepted the right)
to enforce these Terms against you as the third-party beneficiary hereof.
Arbitration
Agreement. Please
read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate
certain disputes and claims with FlowGPT and limits
the manner in which you can seek relief from FlowGPT. Both
you and FlowGPT acknowledge and agree that for the
purposes of any dispute arising out of or relating to the subject matter of
these Terms and/or the Services, FlowGPT's officers,
directors, employees and independent contractors (“Personnel”) are third-party
beneficiaries of these Terms, and that upon your acceptance of these Terms,
Personnel will have the right (and will be deemed to have accepted the right)
to enforce these Terms against you as the third-party beneficiary hereof.