Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.getflowpath.com website (the “Service”) operated by FlowPath Inc (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms (the “Agreement”). These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
“Customer Content” means any information, data, images, and other content, in any form or medium, that is submitted by orcollected from or on behalf of Customer through the Services, including data and information collected from or pertaining toUsers, but excluding the Usage Data.
“Documentation” means the documentation that FlowPath makes generally available to its customers in any form related to theServices.
“Intellectual Property Rights” means all patent, copyright, trademark, trade secret, rights in know-how, business domain names,designs, and other proprietary and intellectual property rights recognized in any jurisdiction worldwide, including moral rights.
“Marks” means a party’s name, logo, and trademarks.
“Reports” means the tangible reports generated by Customer’s use of the Services.
“Services” means the products and services set forth in an executed Order Form that are made available by FlowPath to Customer, including the FlowPath website, software, API, and mobile application, but excluding the Hardware.
“Usage Data” means any anonymized and aggregated data that is derived from the processing of the Customer Content or the access or use of the Services by or on behalf of Customer, that in no way identifies or refers to Customer or Users, and anystatistical or other analysis, information, or data based on or derived from the foregoing.
“User” means Customer’s employees, independent contractors, or other third parties who are authorized by Customer to access and use the Services under the rights granted to Customer in the Agreement.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Subscriptions Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FlowPath cancels it. You may cancel your Subscription renewal by contacting FlowPath customer support team in writing at email@example.com.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide FlowPath with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FlowPath to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, FlowPath will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial FlowPath may, at its sole discretion, offer a Subscription with a free trial for a limited period of time or limited access (“Free Trial”).
At any time and without notice, FlowPath reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes FlowPath, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
FlowPath will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds Certain refund requests for Subscriptions may be considered by FlowPath on a case-by-case basis and granted at the sole discretion of FlowPath. Contact firstname.lastname@example.org to inquire about a refund or status of a previously approved refund.
Content Content found on or through this Service are the property of FlowPath or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We love hearing from users. If you choose to submit ideas, comments, or feedback, you agree that we can use them without any restrictions or compensation to you. In legal speak, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service and/or future offerings any suggestions, enhancement requests, recommendations or other feedback provided by you.
Accounts When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Customer IP. As between Customer and FlowPath, Customer owns all right, title, and interest in and to: (i) the Customer Content and Customer’s Marks; (ii) Customer’s Confidential Information; (iii) the Reports (excluding the FlowPath IP as definedbelow); and (iv) all Intellectual Property Rights in the foregoing (collectively, the “Customer IP”). Except as expressly set forth in the Agreement, no license or other rights to any of the Customer IP are granted to FlowPath, and all such rights are hereby expressly reserved.
FlowPath IP. FlowPath owns all right, title, and interest in and to: (i) the Services, the Documentation, and FlowPath’s Marks, and any and all enhancements, improvements, developments, derivative works, or other modifications (including any changes which incorporate any of Customer’s ideas, feedback, or suggestions) made or related to the Services or the Documentation; (ii) the Usage Data; (iii) FlowPath’s Confidential Information; and (iv) all Intellectual Property Rights in the foregoing (collectively, the “FlowPath IP”). Except as expressly set forth in the Agreement, no license or other rights to any of the FlowPath IP are granted to Customer, and all such rights are hereby expressly reserved.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. Email email@example.com to ensure your billing is properly closed out upon termination of the account(s).
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless FlowPath and its employees, contractors, agents, officers and directors, from and against any and all third party claims, damages, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of Customer Content posted on the Service.
Supplier will indemnify Customer and each of its members, directors, officers, employees or agents (each, an “Indemnified Party”), to the maximum extent permitted by applicable law, from and against all losses and liabilities (including amounts paid in respect of settlements of litigation, judgments, fines or penalties, and legal fees and expenses reasonably incurred in connection with any pending or threatened litigation or proceeding) suffered by any Indemnified Party in connection with any claim, allegation, investigation or other proceeding that it is based upon: (i) a claim for bodily injury, personal injury (including death) to any person, or damage to tangible property resulting from the negligent acts or willful misconduct of Supplier or its personnel; or (ii) a claim for breach of any of the representations, warranties or obligations of Supplier under this Agreement and shall advance any expenses, including attorney’s expenses, incurred by an Indemnified Party in connection with the defense thereof.
Limitation Of Liability In no event shall FlowPath, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FlowPath, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us If you have any questions about these Terms, please contact us at firstname.lastname@example.org.