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Terms and Conditions

Sessions

Sessions

8 days ago
updated

Last updated on: 14 June 2022

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


 

 

Welcome to Sessions (the “Platform”), which is provided by Flow [OS], Inc. (collectively such entities will be referred to as “Sessions”, “We” or “Us”).

You are reading the terms & conditions (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and any other associated services provided by us directly (collectively, the “Services”). For purposes of these Terms, “You” and “Your” means you as the user of the Services.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE SESSIONS WEBSITE, OR BY UTILIZING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND INCORPORATED POLICIES. 

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

As part of these Terms, you agree to comply with the most recent version of our Acceptable Use Policy and our Privacy Policy, which is incorporated by reference into these Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms, Privacy Policy, or the Acceptable Use Policy, you confirm that you have read, understand, and agree to be bound by the Terms, Privacy Policy, and the Acceptable Use Policy. 

If you do not agree with these Terms, the Acceptable Use Policy, the Privacy Policy, or any other policy referred to herein, do not access or use the Services. For the use of the Services, it is necessary to read and accept these terms and conditions in full. We will provide the Services, and you may access and use the Services in accordance with these Terms.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

1. Definitions

In these Terms the following terms will be used for references:

  • ”we”, ”us”, ”Sessions”, ”Flow” will refer collectively to Flow [OS], Inc. and our existing Affiliates
  • an “Affiliate” in these Terms, means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity.
  • ”you”, ”your” will refer to you, either as an Owner  or a Participant
  • ”Owner” is the person that will use Sessions in order to organize and host a meeting 
  • ”Participant” will refer to the person that attends a meeting  organized and hosted by the Owner
  • ”Session” will refer to the specific meeting organized and hosted using Our Platform.
     

2. General Rules

2.1. System requirements. Use of the Services requires one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

2.2. No relationship between the Platform and the Owners. There is no connection between the Platform and the Owners and no affiliation herein. The Owners are solely responsible for the content and activities they perform on the Platform. Any kind of dispute will be settled between the Owners and the Participants, without the Platform’s interference.
 

3. Registration

3.1. For Owners 

3.1.1. Registering an account on the Platform

  • Please keep in mind that you can only host and organize a Session if you own an account on our Platform. 
  • In order to become an Owner and host a Session, You will be asked to register an account on the Platform. If you don't want to create an account using an email address, you can always choose to sign up using your Google or LinkedIn account.  
  • From time to time, we might update the necessary details we ask for upon registration, depending on the Platform development.

3.1.2. Updating your profile

  • No matter how you registered your account on the Platform, you can update your profile and preferences from the Profile section on the Platform.
  • Here, you will find certain fields that you can update or modify according to your personal preferences and information. Please take into consideration that We may require you to double-check this information and validate them via an e-mail.

3.2. For Participants 

3.2.1. Attending a Session

  • There are two ways in which you can attend a Session: registered with an account or not. 
  • If you would like to just ”drop” in a free Session, via a link you received (either as a link or by e-mail), you can just attend a Session without registering an account. Your real name must be provided. 

3.2.2. Registering an account on the Platform

  • If you would like to register an account on the Platform, you can do so by following the on-screen instructions. 

3.2.3. Updating your profile

  • No matter how you registered your account on the Platform, you can update your profile and preferences from the Profile section on the Platform.
  • Here, you will find certain fields that you can update or modify according to your personal preferences and information. Please take into consideration that We may require you to double-check this information and validate them via an e-mail.

3.2.4. Keeping your account safe

  • If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
  • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us.
     

4. Integration with other Apps

Brief: Sessions is an all-in-all platform that allows you to have meetings and display other elements in the same working space where viewers can see them without going through the hassle of changing screens and other apps. In this section, you will find how Sessions integrates with other Apps so you can deliver the most amazing sessions.

  • Sessions can embed a certain link in different tabs. It does so by framing the content, which will be delivered „as it is”. Please take into consideration that certain websites or certain video can be protected by their owner and you will need to ask for their permission in order to embed the content in Sessions.
  • Sessions does not download any content from the links you provide to us and does not change any kind of privacy policies you might have in place for those links. 
  • If Sessions will allow you to login in to a certain app (such as Miro), the login will be made on that app and not on Sessions. Sessions will not, at any time, see your username, password, or any other kind of personal information, nor will it save it. 
     

5. Recordings

Brief: Sessions can allow the Owner to record the entire meeting. In this section, you will find out what that means and how it can impact you.

  • Only Owners and Assistants can record a session. Any other person does not have the right to record the meeting.
  • Recordings are automatically uploaded to the Owner’s cloud storage. This proves beneficial for all users since Owners don't have to worry about having enough storage space available for the recording.
  • The recordings are available only for the Owner. However, the recording can be made available to be seen by the Participants by uploading it manually by the Owner as a resource to the session or for the Participants with accounts, by setting access to the recording in their Sessions Memory (for more information about recording please consult the Help Center -> Using Sessions). If you choose to download the recording, you are responsible for storing and processing it according to all recording laws and data processing regulations.
  • When a Session is recorded, you will be notified of this and the ”recording” button will be visible. If you do not consent to be recorded, you can choose to leave the session.
  • The Owner is solely responsible for gathering the Participant’s consent for the recording and complying with all applicable laws and regulations.
  • As an Owner, you will find your recordings in your Platform account in the special place called ”Memory” where you can see and download all the recordings and resources produced and used within every Session. Please take into consideration that you are responsible for the downloaded content and for the after-use of it. You should inform the Participants about your intention to repurpose the registered Session and have their approval upon this.
  • Sessions is not responsible for any kind of damage, loss, the intent of loss, or any other prejudice that might occur from the act of recording and/or the use of recordings. You acknowledge and understand that the sole responsible for the recorded content is the Owner and any kind of solicitation must be addressed to the Owner and not the Platform. 
  • We don’t have any right to use or download the recordings.
     

6. Disputes

  • We are not responsible for any kind of prejudice that might occur from the Owner and Participant interaction. 
  • In this respect, Session acts as an intermediary between the Owner and the Participant. The Owners are responsible for the content they will upload and present during a Session, as well as for any other kind of interactions that will take place between the Owner and the Participant.
  • All refund requests as well as any other solicitations must be addressed to the Owners. 
  • You should check all the details of a Session before attending one. In case you are not sure about specific points, you may get into contact with the Owner and ask for further details. Please be aware that We do not have any kind of responsibility for the sessions organized and hosted by the Owners or for the content made available by the Owner on the Platform and you must directly contact the Owner. 
     

7. How you may use the material on the Platform

  • We are the owner or the licensee of all intellectual property rights contained in the material published on our Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may download for your personal use the information shared with you during a session, according to the instructions provided by the Owner and according to these Terms.  You must always keep the downloaded information safe and not share it with anybody else unless you have the express clearance from the Owner.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. For the content provided by the Owner during the Session, you must ask for his consent before modifying or altering in any way the content provided.
  • You are not allowed to record the Session you attend on your own, including using external tools (such as screen recorders). This is a violation of our copyrights, as well as the intimacy of other attendees and we reserve the right to bring a claim upon justice in order to recover our prejudice.
  • You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
     

8. Availability of the Platform

  • We may suspend or terminate access or operation of the Platform at any time as we see fit.
  • While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
     

9. We are not responsible for the websites we link to

  • Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.
     

10. User-generated content is not approved by us

  • This Platform may include information and materials uploaded by other users (owners or participants) of the Platform. This information and these materials have not been verified or approved by Us. The views expressed by other users on our Platform do not represent our views or values.
  • The content you, as an Owner and/or Participant share during a session is your responsibility. We do not verify this content and cannot interfere with it. During a session, the Owner is solely responsible for the content the Owner and the Participants are sharing. In case you consider the content to be offensive or in any other kind infringing, please contact the Owner first-hand and express the situation. If the Owner does not handle the situation in a manner you are satisfied, you may contact Us in order to further investigate the issue.
  • Any kind of content you or others share or post on the Platform, during a Session is your responsibility.
     

11. Your Content

  • Some of our Services are designed to let you upload, submit, store, send, receive, or share text, files, images, photos, video, sounds, software, works of authorship, or other materials ("Content".)
  • You have no obligation to provide any Content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share Content, please make sure you have the necessary rights to do so and that the content is lawful.
  • You agree that You are solely responsible for the Content sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Sessions and that such use does not violate or infringe on any rights of any third party.
  • Under no circumstances will We be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although we are not responsible for any Content, we may delete any Content, at any time without notice to You, if we become aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post, or display on or through, the Services.
     

12. Ownership, use, and intellectual property rights

  • The intellectual property rights in the Platform and in any text, images, video, audio, or other multimedia content, software, or other information or material submitted to or accessible from the Platform are owned by us and our licensors.
  • We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
  • Nothing in these Terms grants you any legal rights in the Platform or the other than as necessary for you to access it. You agree not to adjust, try to circumvent, or delete any notices contained on the Platform (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform.
  • The content provided by the Owners during a session, including the material and information posted in the Resources area, are subject to the Owner’s intellectual property rights. If you would like to use, alter, modify and further amend those materials, you should first get in contact with the Owner and ask for specific permission.
  • Our permission to use your Content. Your content remains yours, which means that you retain any intellectual property rights that you have in your Content. However, some Sessions functionalities imply the use of your content. Therefore, by accepting these Terms you give us the permission to use your content through a worldwide, royalty-free, sublicensable, perpetual, license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content for the limited purpose of providing the services. This license: (a) only covers your intellectual property rights and shall not apply to any publicly-available factual information, (b) allows us to host, reproduce, distribute, communicate, and use your content according to these Terms and other applicable policies — for example, to save your content in Session’s memory, (c) allows Us to publish Your Content if you made it available to others. If you remove your protected Content from our Services, we will stop making it available to the public provided that you did not already share your content with other users before removing it (in this case, even though we remove the content from your account, we can't control how the other user uses/used your content).

12.1. Prohibited Use

  • You agree that You will not use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts our networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties or Flow; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Flow or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Flow's security systems. (ix) use the Services in violation of any Flow policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings and You agree that You are solely responsible for compliance with all such laws and regulations. 

12.2. Limitations on Use 

  • You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with us. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

12.3. COPYRIGHT

  • You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity, or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. We may deny access to the Services to any Customer who is alleged to infringe Flow or another party's copyright. 
  • We retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names associated or displayed with the Services. 
     

13. We are not responsible for the loss or damage suffered by you

  • Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

13.1. If you are a business user:

  • We exclude all implied conditions, warranties, representations, or other terms that may apply to our Platform or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill, or reputation; or
  • any indirect or consequential loss or damage.

13.2. If you are a consumer user:

  • please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy
 

15. Uploading content to our Platform

  • Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy.
  • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform, as the case may be, a limited license to use, store and copy that content and to distribute and make it available to third parties according to the Terms.
  • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
  • You are solely responsible for securing and backing up your content.
  • We do not store terrorist content.
     

16. We are not responsible for viruses and you must not introduce them

  • We do not guarantee that our Platform will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
  • You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
     

17. We are not responsible for events outside our control

  • If the provisioning of the Services is delayed by an event outside our control, we will contact you as soon as reasonably possible to let you know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event.
     

18. We are not responsible for third-party websites and services

  • The Services may contain links or referrals to third-party and other independent websites and services which are not provided by us. Such websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use them, including whether to buy any products or services offered by them.
     

19. Rules about linking to our Platform

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
  • You must not establish a link to our Platform on any website that is not owned by you.
  • Our Platform must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  • We reserve the right to withdraw linking permission without notice.
  • The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
  • If you wish to link to or make any use of the content on our site other than that set out above, please contact Us.
     

20. Other Terms

20.1. Governing Law & Jurisdiction. All matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.

The requirement is to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under these Terms must be filed within one year of when it could first be filed, or such claim will be permanently barred.

20.2. Open Source. The Platform may include open source software, which is bound by its own licensing. Please refer to the software for further information.

20.3. Other Software. In order to deliver the Services, the Platform may use other software that will be incorporated into the Platform. Please refer to the specific software for further information about licensing and other specifications.

20.4. Security. You are responsible for configuring your devices for Platform access. You should use your own virus protection software.

20.5. Entire Agreement. These Terms constitute the whole legal agreement between you and Flow and replace any prior applicable Terms and Conditions that governed the service prior to the Last Updated date specified above.
 

21. Changes to the Terms

  • We may amend these Terms from time to time, for instance when we update the functionality of our Services.
  • We will use commercially reasonable efforts to generally notify all users of any changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. 
  • We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. 
  • If you continue to access or use of the Services after the date of the new Terms this constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.


 

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