Effective Date: February 20, 2024
Welcome to Flowspot. These Terms of Service ("Terms") govern your access to and use of Flowspot's services, including our website located at flowspot.ai, mobile applications, and any other software or services offered by Flowspot in connection to any of the foregoing ("the Service").
Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Service.
These Terms of Service ("Terms") are a legally binding contract between you and flowspot LLC ("Flowspot," "we," "us," or "our") regarding your use of our services.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
We may modify these Terms at any time. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms.
3.1. To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.
3.3. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
4.1. You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
4.2. Additionally, you agree not to:
4.3. Account Creation and Usage
4.4. Violations and Termination
Flowspot reserves the right to investigate and take appropriate legal action against anyone who, in Flowspot's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.
In addition to the prohibitions outlined above, users are strictly forbidden from engaging in the following activities:
Flowspot reserves the right to terminate accounts and take appropriate action against users found to be engaging in these or any other activities that violate our Terms of Service or the intended use of our platform.
5.1. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Flowspot, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. These Terms permit you to use the Service 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 Service, except as follows:
5.3. You must not:
Flowspot has the right to:
User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Your privacy is important to us. Our Privacy Policy flowspot.ai/privacy-policy explains how we collect, use, and disclose information about you. By using the Service, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy.
8.1. Fees: You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
8.2. Payment Method: You must provide Flowspot with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment method ("Payment Provider") as a condition to signing up for the paid aspects of the Service.
8.3. Recurring Billing: By providing a payment method, you authorize us to charge you on a recurring basis for the Service until you cancel your subscription. You must cancel your subscription before it renews in order to avoid billing of the next period's subscription fees to your Payment Method.
8.4. Taxes: The payments required under this Section do not include any Sales, Use, Value Added or similar taxes that may be applicable to the Service. If Flowspot is required to pay such taxes, the taxes will be billed to and paid by you.
8.5. Refunds: Except when required by law, paid fees are non-refundable.
9.1. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
9.2. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
9.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLOWSPOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FLOWSPOT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOWSPOT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.
UNDER NO CIRCUMSTANCES WILL FLOWSPOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOWSPOT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
You agree to defend, indemnify and hold harmless Flowspot and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Flowspot reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Flowspot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Flowspot reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Los Angeles, California. The arbitration shall be conducted in the English language. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of its costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.
These Terms constitute the entire agreement between you and Flowspot regarding the use of the Service, superseding any prior agreements between you and Flowspot relating to your use of the Service.
The failure of Flowspot to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without Flowspot's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Flowspot may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Flowspot (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact us at:
flowspot LLC
5850 W 3rd St Ste E #1091
Los Angeles, CA 90036
United States
Email: support@flowspot.ai
By using the Service, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Service. We reserve the right to change these Terms of Service at any time, so please review them frequently.
Thank you for using Flowspot!