Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
All rights, title, and interest in and to the Service, including any and all copyrighted material, trademarks, patents, and other intellectual property rights thereunder, as well as the Company’s names, logos, and brands, including but not limited to “Flowstate Technologies,” are owned by or licensed to Flowstate.
We reserve all rights not expressly granted in and to the Service. You agree not to engage in the use, copying, or distribution of any content or any part of the Service other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes. No portion of the Service may be reproduced, duplicated, copied, sold, or otherwise exploited for any purpose without the express written consent of Flowstate.
The Company also reserves all rights to its public image, likeness, and any marketing or promotional material. Unauthorized use of the Company’s name, logo, likeness, or any proprietary material is strictly prohibited and may be prosecuted to the fullest extent of the law.
Notwithstanding any potential damages You may incur, the Company and its owners, officers, employees, agents, and suppliers (“Indemnitees”) shall have zero liability under any provision of these Terms. Your sole remedy for any issues arising from or related to the Service shall be to discontinue use of the Service.
To the fullest extent allowed by applicable law, the Indemnitees shall not be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, data, business interruption, or personal injury). This limitation applies even if the Indemnitees have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You agree to indemnify, defend, and hold harmless the Indemnitees from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms or any activity related to use of the Service (including negligent or wrongful conduct) by You or any other person accessing the Service using Your account.
Some jurisdictions do not allow for the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are a resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to 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 those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
