Effective Date: 18 July, 2021
These Terms and Conditions (the “Terms”) govern your access and use of our website, our product Sessions and any other associated services provided by us directly (collectively: the “Services”). Please read them carefully. Your use of and access to the Services is conditioned upon your compliance with and acceptance of these terms.
If you have any questions on how Sessions works, please check our Help Section.
In these Terms or any other policy referred to herein, “we”, “us,” “our” or “Flow” will refer collectively to Flow OS Inc. and our existing Affiliates. When we refer to an “Affiliate” in these Terms, we mean 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. The terms “you”, “your”, or “User”, “Customer” will refer to you.
These Terms are effective as of the date you start using our Services.
B. General rules
1. Age restrictions
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
These terms and conditions may be changed by us at any time. Verify these terms and conditions from time to time to take into account the changes we make as they are legally binding for you. Some of the provisions contained in these Terms may also be replaced by provisions or advertisements published elsewhere on our website.
3. 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.
C. Use of services and your responsibilities
You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control.
1. Registration Information
In order to register for and/or use certain Services You may be required to create an account and thus provide information about Yourself. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
2. 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.
3. 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.
- only covers your intellectual property rights and shall not apply to any publicly-available factual information.
- allows us to host, reproduce, distribute, communicate, and use your content — for example, to save your content In Memory
- 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).
If we reasonably believe that any of your content (1) breaches these terms, (2) violates applicable law, or (3) could harm our users, third parties, or us, then we reserve the right to take down some or all of that content in accordance with applicable law and suspend or delete your account...
4. 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.
5. 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.
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.
7. NO WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. TWE DO NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE CANNOT GUARANTEE AND WE DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You. These terms don’t limit our liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.
D. Conflicts of law
These Terms are intended to comply with the laws and regulations in the place of establishment and of the countries in which the Company operates. In the event of any conflict between this Policy and applicable laws and regulations, the latter shall prevail.
E. Contact details
The Customers can raise their questions in relation to their rights or to address any questions in relation to this terms by:
Each request will be reviewed as soon as possible, but no later than 30 days since its submission.
F. Disclaimers. Publications date
These Terms have been adopted on the date mentioned in the title of the document and will be modified each time if necessary without prior or future notice of the changes. If you use the Services after any such modification or update to this Terms you consent to those modifications or updates. Modifications will not be applied retroactively. The new version will enter into force when published on the website and it will be marked accordingly.