Terms of Service

Effective Date: February 20, 2024

Introduction

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.

1. Introduction and Acceptance of Terms

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.

2. Definitions

  • "Flowspot" (or "we," "our," or "us") refers to flowspot LLC, its subsidiaries, affiliates, officers, employees, agents, and contractors.
  • "User" (or "you" or "your") refers to the person or entity using the Service.
  • "Content" refers to any text, graphics, images, music, software, audio, video, information or other materials.
  • "User Content" means Content that users submit or transmit to, through, or in connection with the Service.

3. Account Registration and Eligibility

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. User Responsibilities and Conduct

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:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Flowspot, a Flowspot employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Flowspot or users of the Service or expose them to liability.

4.2. Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service 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 Service.
  • 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 Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

4.3. Account Creation and Usage

  • You may create only one account for yourself unless explicitly permitted otherwise.
  • Creating multiple accounts to abuse promotional offers, free trials, or any other features of the Service is strictly prohibited.
  • You may not use the account of another user without permission.
  • You agree that any information you provide when creating an account is accurate and complete.
  • You are responsible for maintaining the confidentiality of your account and password.
  • You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

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.

4.5. Additional Prohibited Activities

In addition to the prohibitions outlined above, users are strictly forbidden from engaging in the following activities:

  • Abusing our API through excessive calls, scraping, or attempts to reverse engineer the system
  • Using AI or bots to generate excessive amounts of content or manipulate the platform's algorithms
  • Sharing account credentials or exploiting free trials through multiple account creation
  • Unauthorized data harvesting or attempts to collect personal information of other users
  • Artificially inflating engagement metrics or creating fake reviews
  • Uploading or distributing copyrighted material without proper authorization
  • Using the service for resource-intensive operations unrelated to its intended purpose
  • Abusing affiliate or referral programs through fake accounts or automated means
  • Attempting to de-anonymize users or using the service for stalking or harassment
  • Creating unauthorized integrations or attempting to bypass security measures
  • Attempting to manipulate AI-driven decision-making processes
  • Using Flowspot to coordinate abuse on other platforms
  • Impersonating brands, organizations, or public figures
  • Using collaboration features for malicious purposes, including spreading malware or phishing attempts

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. Intellectual Property Rights

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:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

5.3. You must not:

  • Modify copies of any materials from this site.
  • 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 from this site.

6. Content and Data

6.1. User Content

  • You retain all rights in, and are solely responsible for, the User Content you post to Flowspot.
  • By posting User Content, you grant Flowspot a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.
  • You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2. Monitoring and Enforcement

Flowspot has the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.

6.3. Content Standards

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:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

7. Privacy and Data Protection

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. Payment Terms

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. Termination and Suspension

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.

10. Disclaimers and Limitations of Liability

10.1. Disclaimer of Warranties

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.

10.2. Limitation of Liability

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.

11. Indemnification

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.

12. Modifications to the Service and Terms

12.1. Modifications to 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.

12.2. Modifications to the Terms

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.

13. Governing Law and Dispute Resolution

13.1. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

13.2. Dispute Resolution

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.

13.3. Class Action Waiver

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.

14. General Provisions

14.1. Entire Agreement

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.

14.2. Waiver and Severability

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.

14.3. Assignment

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.

14.4. Notices

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.

14.5. No Agency

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.

14.6. Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

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!