Terms of Service (old)

Approved: 10.07.19

Published: 22.07.19

Will be reviewed: 22.07.20

GENERAL INFORMATION

The terms of service set forth below (“Terms of Service”, “Terms”) apply to your use of the FLOW application (the “Application”) The Application is operated by FLOW ehf. who offers the Application, including all information, tools and services available from the Application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Throughout the Application, the terms “we”, “us”, “our” and “FLOW” refer to FLOW ehf.

By downloading, installing, accessing or using the Application you agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using the Application. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. A breach or violation of any of the Terms will result in an immediate termination of your account and access to the Application.

SECTION 1 – RULES FOR THE USAGE OF THE APPLICATION – PROHIBITED USES

To use the Application, you must be the legal age of majority in the jurisdiction in which you reside or, if you are under the legal age of majority you need consent of your parent or legal guardian. By agreeing to these Terms of Service, you certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using the Application with the supervision of your parent or legal guardian who agrees to be bound by these Terms of Service. Make sure to review these Terms of Service with your parent or guardian so that you both understand all of your rights and obligations.

You are responsible for taking all reasonable steps for maintaining the confidentiality of your account and password and for restricting access to your device. You are also responsible to promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate your account.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, country or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application, other applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Application, other applications, or the Internet. We reserve the right to terminate your account and the use of the Application for violating any of the prohibited uses.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, use of the Application, or access to the Application or any contact on the Application, without express written permission by us.

The Application is for your personal use only and is not intended for large consumer communities (corporations, universities, hospitals, etc.) ("Communities") unless under a separate agreement with Flow.

SECTION 2 - MODIFICATIONS TO THE APPLICATION AND PRICES

The price for the Application is subject to change without notice. We reserve the right at any time to modify the contents of or discontinue the Application (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Application. You agree that it is your responsibility to monitor changes to the Application.

SECTION 3 - CONTENT IN THE APPLICATION AND INTELLECTUAL PROPERTY

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Application are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” You should be aware that Content presented to you as part of the Application, may be protected by intellectual property rights which is owned by FLOW or the sponsors or advertisers who provide that Content to FLOW (or by other persons or companies on their behalf). This Agreement does not transfer any intellectual property rights from FLOW or third-party to the user, and all rights, titles and interest in such property will remain (as between the parties) solely with FLOW. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) without express written permission by FLOW or by the owners of that Content, in a separate agreement.

SECTION 4 - THIRD-PARTY LINKS

Certain content, products and services available via the Application may include materials from third parties. Third-party links on the Application may direct you to third-party applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or applications, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party applications. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 5 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 6 - PERSONAL INFORMATION

Our Privacy Policy sets forth how we treat your personal information, including how we collect, use and disclose information. To view our Privacy Policy; go to www.flow.is/privacy-policy.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Application is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Application should be taken to indicate that all information in the Application has been modified or updated.

SECTION 8 - INDEMNIFICATION

You agree to indemnify, defend and hold FLOW ehf. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Application will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Application will be accurate or reliable. You agree that from time to time we may remove the Application for indefinite periods of time or cancel the Application at any time, without notice to you. You expressly agree that your use of, or inability to use, the Application is at your sole risk.

The Application and services delivered to you through the Application are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Application. The material on the Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Application is at your own risk.

In no case shall FLOW ehf., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Application or any products procured using the Application, or for any other claim related in any way to your use of the Application or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application or any content (or product) posted, transmitted, or otherwise made available via the Application, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 - MEDICAL DISCLAIMER

Through the Application FLOW ehf. provides meditation content. This content is for informational purposes only and should not be considered medical advice. The content in the Application is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. While third party evidence from research suggest that meditation can assist in the prevention and recovery process for a wide array of conditions, such as anxiety, depression and insomnia, FLOW ehf. makes no claims, representations or guarantees that the Application provides a therapeutic benefit.

SECTION 11 - TECHNICAL REQUIREMENTS

There may be certain technical requirements your device, i.e. your computer, iPhone, iPad, Android or other device, must meet in order to be able to use the Application. You may, for example, need to install certain software. If your device does not meet the technical requirements it will inform you about what software or the like that you will need to install in order to have full functionality of the Application.

SECTION 12 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using the Application. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Application (or any part thereof).

SECTION 14 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Application constitutes the entire agreement and understanding between you and us and govern your use of the Application, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 - GOVERNING LAW AND DISPUTE SOLUTION

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Iceland.

Any dispute, controversy or claim arising out of or in connection with your use of the Application and/or these Terms of Service, or the breach, termination or invalidity thereof, shall at first instance be settled by the District Court of Reykjavík. This applies to any claim involving FLOW ehf. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

SECTION 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Application. You must therefore look at the Terms of Service regularly to check for such changes. We will try to notify you of material revisions, for example through pop-up or push notifications within the Application or with an email to the email address associated with your account. By continuing to access or use the Application after those revisions become effective, you agree to be bound by the revised Terms. It is your right to delete your account in the Application due to any significant changes of these Terms of Service.

SECTION 17 - CONTACT INFORMATION

Questions regarding the Terms of Service or the Application should be sent to us at info@flow.is