TERMS OF SERVICE
Will be reviewed: 14.07.2022
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FLOW THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms or Services
We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
ELIGIBILITY. YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.
REGISTRATION AND YOUR INFORMATION. IF YOU WANT TO USE CERTAIN FEATURES OF THE SERVICES YOU’LL HAVE TO CREATE AN ACCOUNT (“ACCOUNT”). YOU CAN DO THIS BY FILLING OUT THE PROVIDED SIGNUP FORM ON THE PLATFORM REQUESTING EMAIL ADDRESS AND A PASSWORD THAT YOU ARE TO USE WHEN LOGGING IN TO OUR SERVICES. IF YOU CHOOSE THE SNS ACCOUNT OPTION WE’LL CREATE YOUR ACCOUNT BY EXTRACTING FROM YOUR SNS ACCOUNT CERTAIN PERSONAL INFORMATION SUCH AS YOUR NAME AND EMAIL ADDRESS AND OTHER PERSONAL INFORMATION THAT YOUR PRIVACY SETTINGS ON THE SNS ACCOUNT PERMIT US TO ACCESS.
ACCURACY OF ACCOUNT INFORMATION. IT’S IMPORTANT THAT YOU PROVIDE US WITH ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION FOR YOUR ACCOUNT AND YOU AGREE TO UPDATE SUCH INFORMATION TO KEEP IT ACCURATE, COMPLETE AND UP-TO-DATE. IF YOU DON’T, WE MIGHT HAVE TO SUSPEND OR TERMINATE YOUR ACCOUNT. YOU AGREE THAT YOU WON’T DISCLOSE YOUR ACCOUNT PASSWORD TO ANYONE AND YOU’LL NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU’RE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU KNOW ABOUT THEM.
Please note that Flow does not provide any medical advice, diagnosis or engage in the practice of medicine. The Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis or treatment. Any content on the Services is for informational and entertainment purposes only. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided through the Services, you do so at your own risk.
Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Flow requires payment of a fee for use of certain portions of the Services. You may purchase a subscription via the Site (“Subscription”) for such use. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a purchase, you authorize us to provide your Payment Information to third parties so we can complete your purchase and to charge your payment method for your purchase (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a purchase, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for purchases are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in the currency provided in the users Google Play Store / Apple App Store / Oculus Store..
You may purchase a monthly or annual Subscription. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FLOW TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you using the Payment Information you have provided (i) the applicable monthly or annual Subscription fee, plus any applicable taxes and other charges (“Subscription Fee”) at the beginning of your Subscription, and (ii) the then-current Subscription Fee at the beginning of each monthly or annual renewal period until you cancel your Subscription. FLOW will send you a reminder before the renewal of your Subscription in accordance with applicable law, including notice of the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Flow. When a subscription in a certain platform has been purchased, the specified user account will be granted access to the otherwise restricted content or services in the platform where the subscription has been purchased and in the time period stated in the subscription item. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Flow may offer a free trial period at the start of your Subscription for the period of time specified when you sign up (a “Free Trial Period”). By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a monthly or annual Subscription, as set forth in the offer for the Free Trial Period, and at the start of each subsequent renewal period (as set forth above). You authorize us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your Subscription and terminate your Free Trial Period. You may cancel your Subscription, as described below in these Terms, at any time before the end of the Free Trial Period. You will not be charged a Subscription Fee if you cancel your Subscription before the end of the Free Trial Period.
YOUR PURCHASE OF A SUBSCRIPTION IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a purchase, we reserve the right to cancel your purchase for any reason; if we cancel your purchase, we’ll refund any payment you have already remitted to us for such purchase. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You can cancel via the Site, or by sending an email to firstname.lastname@example.org with the subject line “Cancel Subscription” and including your email associated with your Account, and your desired cancellation date in the body of the email. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.
Content Ownership, Responsibility, and Removal
DEFINITIONS. FOR PURPOSES OF THESE TERMS: (I) “CONTENT” MEANS TEXT, GRAPHICS, IMAGES, MUSIC, SOFTWARE, AUDIO, VIDEO, WORKS OF AUTHORSHIP OF ANY KIND, AND INFORMATION OR OTHER MATERIALS THAT ARE POSTED, GENERATED, PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND (II) “USER CONTENT” MEANS ANY CONTENT THAT YOU PROVIDE TO BE MADE AVAILABLE THROUGH THE SERVICES.
OUR CONTENT OWNERSHIP. FLOW DOES NOT CLAIM ANY OWNERSHIP RIGHTS IN ANY USER CONTENT AND NOTHING IN THESE TERMS WILL BE DEEMED TO RESTRICT ANY RIGHTS THAT YOU MAY HAVE TO USE AND EXPLOIT YOUR USER CONTENT. SUBJECT TO THE FOREGOING, FLOW AND ITS LICENSORS EXCLUSIVELY OWN ALL RIGHT, TITLE AND INTEREST IN AND TO THE SERVICES AND CONTENT, INCLUDING ALL ASSOCIATED INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE THAT THE SERVICES AND CONTENT ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF ICELAND AND FOREIGN COUNTRIES. YOU AGREE NOT TO REMOVE, ALTER OR OBSCURE ANY COPYRIGHT, TRADEMARK, SERVICE MARK OR OTHER PROPRIETARY RIGHTS NOTICES INCORPORATED IN OR ACCOMPANYING THE SERVICES OR CONTENT.
RIGHTS IN USER CONTENT GRANTED BY YOU. BY MAKING ANY USER CONTENT AVAILABLE THROUGH THE SERVICES YOU HEREBY GRANT TO FLOW A NON-EXCLUSIVE, TRANSFERABLE, WORLDWIDE, ROYALTY-FREE LICENSE, WITH THE RIGHT TO SUBLICENSE, TO USE, COPY, MODIFY, CREATE DERIVATIVE WORKS BASED UPON, DISTRIBUTE, PUBLICLY DISPLAY, AND PUBLICLY PERFORM YOUR USER CONTENT IN CONNECTION WITH OPERATING AND PROVIDING THE SERVICES AND CONTENT TO YOU AND TO OTHER ACCOUNT HOLDERS.
YOUR RESPONSIBILITY FOR USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR USER CONTENT. YOU REPRESENT AND WARRANT THAT YOU OWN ALL YOUR USER CONTENT OR YOU HAVE ALL RIGHTS THAT ARE NECESSARY TO GRANT US THE LICENSE RIGHTS IN YOUR USER CONTENT UNDER THESE TERMS. YOU ALSO REPRESENT AND WARRANT THAT NEITHER YOUR USER CONTENT, NOR YOUR USE AND PROVISION OF YOUR USER CONTENT TO BE MADE AVAILABLE THROUGH THE SERVICES, NOR ANY USE OF YOUR USER CONTENT BY FLOW ON OR THROUGH THE SERVICES WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
REMOVAL OF USER CONTENT. YOU CAN REMOVE YOUR USER CONTENT BY SPECIFICALLY DELETING IT. HOWEVER, IN CERTAIN INSTANCES, SOME OF YOUR USER CONTENT (SUCH AS POSTS OR COMMENTS YOU MAKE, OR IMAGES YOU PROVIDE AS PART OF THE SERVICES) MAY NOT BE COMPLETELY REMOVED AND COPIES OF YOUR USER CONTENT MAY CONTINUE TO EXIST ON THE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE REMOVAL OR DELETION OF (OR THE FAILURE TO REMOVE OR DELETE) ANY OF YOUR USER CONTENT.
RIGHTS IN CONTENT GRANTED BY FLOW. SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS, FLOW GRANTS TO YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE, WITH NO RIGHT TO SUBLICENSE, TO DOWNLOAD, VIEW, COPY, DISPLAY AND PRINT THE CONTENT SOLELY IN CONNECTION WITH YOUR PERMITTED USE OF THE SERVICES AND SOLELY FOR YOUR PERSONAL AND NON-COMMERCIAL PURPOSES.
Rights and Terms for Apps
RIGHTS IN-APP GRANTED BY FLOW. SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS, FLOW GRANTS TO YOU A LIMITED NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE, WITH NO RIGHT TO SUBLICENSE, TO DOWNLOAD AND INSTALL A COPY OF THE APP ON A MOBILE DEVICE OR COMPUTER THAT YOU OWN OR CONTROL AND TO RUN SUCH COPY OF THE APP SOLELY FOR YOUR OWN PERSONAL NON-COMMERCIAL PURPOSES. YOU MAY NOT COPY THE APP, EXCEPT FOR MAKING A REASONABLE NUMBER OF COPIES FOR BACKUP OR ARCHIVAL PURPOSES. EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, YOU MAY NOT: (I) COPY, MODIFY OR CREATE DERIVATIVE WORKS BASED ON THE APP; (II) DISTRIBUTE, TRANSFER, SUBLICENSE, LEASE, LEND OR RENT THE APP TO ANY THIRD PARTY; (III) REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE APP; OR (IV) MAKE THE FUNCTIONALITY OF THE APP AVAILABLE TO MULTIPLE USERS THROUGH ANY MEANS. FLOW RESERVES ALL RIGHTS IN AND TO THE APP NOT EXPRESSLY GRANTED TO YOU UNDER THESE TERMS.
ACCESSING APP FROM APP STORE. THE FOLLOWING TERMS APPLY TO ANY APP ACCESSED THROUGH OR DOWNLOADED FROM ANY APP STORE OR DISTRIBUTION PLATFORM (LIKE THE APPLE APP STORE OR GOOGLE PLAY) WHERE THE APPS MAY NOW OR IN THE FUTURE BE MADE AVAILABLE (EACH AN “APP PROVIDER”). YOU ACKNOWLEDGE AND AGREE THAT:
These Terms are concluded between you and Flow, and not with the App Provider, and Flow (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Flow.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Flow will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the App.
General Prohibitions and Flow’s Enforcement Rights. You agree not to do any of the following:
POST, UPLOAD, PUBLISH, SUBMIT OR TRANSMIT ANY USER CONTENT THAT: (I) INFRINGES, MISAPPROPRIATES OR VIOLATES A THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY; (II) VIOLATES, OR ENCOURAGES ANY CONDUCT THAT WOULD VIOLATE, ANY APPLICABLE LAW OR REGULATION OR WOULD GIVE RISE TO CIVIL LIABILITY; (III) IS FRAUDULENT, FALSE, MISLEADING OR DECEPTIVE; (IV) IS DEFAMATORY, OBSCENE, PORNOGRAPHIC, VULGAR OR OFFENSIVE; (V) PROMOTES DISCRIMINATION, BIGOTRY, RACISM, HATRED, HARASSMENT OR HARM AGAINST ANY INDIVIDUAL OR GROUP; (VI) IS VIOLENT OR THREATENING OR PROMOTES VIOLENCE OR ACTIONS THAT ARE THREATENING TO ANY PERSON OR ENTITY; OR (VII) PROMOTES ILLEGAL OR HARMFUL ACTIVITIES OR SUBSTANCES;
USE, DISPLAY, MIRROR OR FRAME THE SERVICES OR ANY INDIVIDUAL ELEMENT WITHIN THE SERVICES, FLOW’S NAME, ANY FLOW TRADEMARK, LOGO OR OTHER PROPRIETARY INFORMATION, OR THE LAYOUT AND DESIGN OF ANY PAGE OR FORM CONTAINED ON A PAGE, WITHOUT FLOW’S EXPRESS WRITTEN CONSENT;
ACCESS, TAMPER WITH, OR USE NON-PUBLIC AREAS OF THE SERVICES, FLOW’S COMPUTER SYSTEMS, OR THE TECHNICAL DELIVERY SYSTEMS OF FLOW’S PROVIDERS;
ATTEMPT TO PROBE, SCAN OR TEST THE VULNERABILITY OF ANY FLOW SYSTEM OR NETWORK OR BREACH ANY SECURITY OR AUTHENTICATION MEASURES;
AVOID, BYPASS, REMOVE, DEACTIVATE, IMPAIR, DESCRAMBLE OR OTHERWISE CIRCUMVENT ANY TECHNOLOGICAL MEASURE IMPLEMENTED BY FLOW OR ANY OF FLOW’S PROVIDERS OR ANY OTHER THIRD PARTY (INCLUDING ANOTHER USER) TO PROTECT THE SERVICES OR CONTENT;
ATTEMPT TO ACCESS OR SEARCH THE SERVICES OR CONTENT OR DOWNLOAD CONTENT FROM THE SERVICES THROUGH THE USE OF ANY ENGINE, SOFTWARE, TOOL, AGENT, DEVICE OR MECHANISM (INCLUDING SPIDERS, ROBOTS, CRAWLERS, DATA MINING TOOLS OR THE LIKE) OTHER THAN THE SOFTWARE AND/OR SEARCH AGENTS PROVIDED BY FLOW OR OTHER GENERALLY AVAILABLE THIRD-PARTY WEB BROWSERS;
SEND ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, EMAIL, JUNK MAIL, SPAM, CHAIN LETTERS OR OTHER FORM OF SOLICITATION;
USE ANY META TAGS OR OTHER HIDDEN TEXT OR METADATA UTILIZING A FLOW TRADEMARK, LOGO, URL OR PRODUCT NAME WITHOUT FLOW’S EXPRESS WRITTEN CONSENT;
USE THE SERVICES OR CONTENT, OR ANY PORTION THEREOF, FOR ANY COMMERCIAL PURPOSE OR FOR THE BENEFIT OF ANY THIRD PARTY OR IN ANY MANNER NOT PERMITTED BY THESE TERMS;
FORGE ANY TCP/IP PACKET HEADER OR ANY PART OF THE HEADER INFORMATION IN ANY EMAIL OR NEWSGROUP POSTING, OR IN ANY WAY USE THE SERVICES OR CONTENT TO SEND ALTERED, DECEPTIVE OR FALSE SOURCE-IDENTIFYING INFORMATION;
ATTEMPT TO DECIPHER, DECOMPILE, DISASSEMBLE OR REVERSE ENGINEER ANY OF THE SOFTWARE USED TO PROVIDE THE SERVICES OR CONTENT;
INTERFERE WITH, OR ATTEMPT TO INTERFERE WITH, THE ACCESS OF ANY USER, HOST OR NETWORK, INCLUDING, WITHOUT LIMITATION, SENDING A VIRUS, OVERLOADING, FLOODING, SPAMMING, OR MAIL-BOMBING THE SERVICES;
COLLECT OR STORE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM THE SERVICES FROM OTHER USERS OF THE SERVICES WITHOUT THEIR EXPRESS PERMISSION;
IMPERSONATE OR MISREPRESENT YOUR AFFILIATION WITH ANY PERSON OR ENTITY;
VIOLATE ANY APPLICABLE LAW OR REGULATION; OR
ENCOURAGE OR ENABLE ANY OTHER INDIVIDUAL TO DO ANY OF THE FOREGOING.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Flow respects copyright law and expects its users to do the same. It is Flow’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Third-Party Services; Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience. The Services may also support integrations with your accounts for certain third-party services such as Apple Health Kit or Google Fit. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services or resources. You represent and warrant that you have all rights required to provide us access to any accounts for third-party services you may connect to your Account.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE.
You will indemnify and hold harmless Flow and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER FLOW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLOW OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
USE OF THE APP MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE FLOW’S LIABILITY FOR RISKS INHERENT IN THE USE OF VIRTUAL REALITY SOFTWARE, AND FLOW WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.
IN NO EVENT WILL FLOW’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO FLOW FOR USE OF THE SERVICES OR CONTENT OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLOW, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLOW AND YOU.
Governing Law and Forum Choice. 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 Arbitration. If a Court Ruling is requested, the case shall be heard 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.
EFFECT OF CHANGES ON ARBITRATION. NOTWITHSTANDING THE PROVISIONS OF “CHANGES TO TERMS OR SERVICES” ABOVE, IF FLOW CHANGES ANY OF THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS), YOU MAY REJECT ANY SUCH CHANGE BY SENDING US WRITTEN NOTICE (INCLUDING BY EMAIL TO INFO@FLOW.IS WITHIN 30 DAYS OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE ABOVE OR IN THE DATE OF FLOW’S EMAIL TO YOU NOTIFYING YOU OF SUCH CHANGE. BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND FLOW IN ACCORDANCE WITH THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AS OF THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS).
ENTIRE AGREEMENT. THESE TERMS CONSTITUTE THE ENTIRE AND EXCLUSIVE UNDERSTANDING AND AGREEMENT BETWEEN FLOW AND YOU REGARDING THE SERVICES AND CONTENT, AND THESE TERMS SUPERSEDE AND REPLACE ANY AND ALL PRIOR ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS BETWEEN FLOW AND YOU REGARDING THE SERVICES AND CONTENT. NOTWITHSTANDING THE FOREGOING, IF YOU ARE USING THE SERVICES UPON THE REQUEST, OR AT THE DIRECTION OF, YOUR EMPLOYER OR ANOTHER THIRD PARTY WHICH HAS ENTERED INTO A COMMERCIAL ARRANGEMENT WITH FLOW, THE TERMS AND CONDITIONS OF SUCH AGREEMENT WILL TAKE PRECEDENCE OVER THESE TERMS. IF ANY PROVISION OF THESE TERMS IS HELD INVALID OR UNENFORCEABLE BY AN ARBITRATOR OR A COURT OF COMPETENT JURISDICTION, THAT PROVISION WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE AND THE OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. YOU MAY NOT ASSIGN OR TRANSFER THESE TERMS, BY OPERATION OF LAW OR OTHERWISE, WITHOUT FLOW’S PRIOR WRITTEN CONSENT. ANY ATTEMPT BY YOU TO ASSIGN OR TRANSFER THESE TERMS, WITHOUT SUCH CONSENT, WILL BE NULL. FLOW MAY FREELY ASSIGN OR TRANSFER THESE TERMS WITHOUT RESTRICTION. SUBJECT TO THE FOREGOING, THESE TERMS WILL BIND AND INURE TO THE BENEFIT OF THE PARTIES, THEIR SUCCESSORS AND PERMITTED ASSIGNS.
NOTICE. ANY NOTICES OR OTHER COMMUNICATIONS PROVIDED BY FLOW UNDER THESE TERMS, INCLUDING THOSE REGARDING MODIFICATIONS TO THESE TERMS, WILL BE GIVEN: (I) VIA EMAIL; OR (II) BY POSTING TO THE SERVICES. FOR NOTICES MADE BY E-MAIL, THE DATE OF RECEIPT WILL BE DEEMED THE DATE ON WHICH SUCH NOTICE IS TRANSMITTED.
WAIVER OF RIGHTS. FLOW’S FAILURE TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT BE CONSIDERED A WAIVER OF SUCH RIGHT OR PROVISION. THE WAIVER OF ANY SUCH RIGHT OR PROVISION WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF FLOW. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE EXERCISE BY EITHER PARTY OF ANY OF ITS REMEDIES UNDER THESE TERMS WILL BE WITHOUT PREJUDICE TO ITS OTHER REMEDIES UNDER THESE TERMS OR OTHERWISE.
If you have any questions about these Terms or the Services, please contact FLOW at firstname.lastname@example.org, and/or Flow ehf,Inc. Grandagarður 16, 101 Reykjavik, Iceland.