Terms of Service

BY UTILIZING THE FLOW SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FLOW SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 16 YEARS OF AGE.

This is a legal agreement (Agreement) between You and Flow One Technologies Inc. (“FLOW”), the creator and owner of the FLOW webinar platform and services, for use of the FLOW platform and services, which You selected or initiated, which may include the FLOW webinar or webcasting solutions, and/or other audio, video and web communications services provided by FLOW(Services). “You” refers to the individual who registered and/or provided FLOW his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then “You” refers to such entity. If You do not agree with the terms of this Agreement, click the Cancel button and do not use or join any meeting supported by the Services. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  1. SERVICES. FLOW will provide the Services in accordance with this Agreement. FLOW may at its sole discretion modify the features of the Services from time to time without prior notice. FLOW warrants that it will make reasonable efforts within industry standards to provide System Availability 99.99999%. “System Availability” is the sum of hours that the system is available divided by total hours in the measurement period, excluding from total hours any scheduled maintenance. System Availability is measured on a calendar year-to-date basis based on data gathered by FLOW’s monitoring systems via a process by which verifiable attempts shall be made periodically to access a standard URL within the FLOW system. If such access test succeeds, then the system shall be deemed as available.
  2. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that You are solely responsible for the content of all visual, written or audible communications sent by You or in FLOW meetings hosted by You. You agree that You will not use the Services to send unsolicited commercial e-mail outside Your company or organization in violation of applicable law. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, and 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. Although FLOW is not responsible for any such communications, FLOW may delete any such communications of which FLOW becomes aware, at any time without notice to You. You may not use the event API to send any unsolicited emails. By using the API, you agree to only generate emails to recipients who have explicitly requested to attend your webinars and/or meetings.
  3. BILLING/PAYMENT. Payments are due in advance annually or monthly. Customer must have a credit card on file to qualify for payments. Service will not start until the payment is received. Services will be terminated if payments are not received within the terms, after serving a seven days’ notice via email. You agree that FLOW may charge to Your credit card or other payment mechanism selected by You and approved by FLOW (Your Account) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, overage fees, conferencing fees, or any other fee or charge associated with Your use of the Services. FLOW will provide 30 day notice for subscription plan price increases. You agree that if payment is not received by the invoice due date, your account may be marked as expired. You agree that in the event FLOW is unable to collect the fees owed to FLOW for the Services through Your Account, FLOW may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by FLOW in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that FLOW may collect a delinquent fee at the lesser of 2% per month or the highest amount permitted by law on any amounts not paid when due. There will be a $25 service fee for checks returned for non-sufficient funds.
  4. CHANGES TO SERVICES.We reserve the right to enhance, upgrade, improve, or modify features of our Services as we deem appropriate and in our discretion. We will not materially reduce the core functionality or discontinue any Services unless we provide you with prior written notice. We may offer additional functionality to our standard Services or premium feature improvements for an additional cost.
  5. FREE ACCOUNT, SALES, PROMOTIONAL OFFERS, COUPONS, & PRICING. Although FLOW can offer free evaluation accounts of FLOW for a limited or unspecified amount of time, it reserves the rights to end the free accounts with a thirty-day notice via email sent to the email account used to create the free account. Only one free account may be created for each legal entity or person. Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales and special promotional offers in our sole discretion.
  6. REFUND. FLOW is a pre-paid service. Therefore, we or any of our affiliates or suppliers will not refund any setup or pre-paid subscription fees upon early termination of any subscribed services.
  7. DISPUTES; DELINQUENT ACCOUNTS. You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days. We may also suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
  8. NO COMMERCIAL USE. Other than using the Services for conferences or meetings in which You are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between You and FLOW, You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Web-site or otherwise generate income from the Services.
  9. PROPRIETARY RIGHTS. FLOW and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of FLOW’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
  10. TERMINATION. This Agreement is for the Initial Service Term as specified in this Agreement, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term, unless either party requests termination at least thirty (30) days prior to the end of the then-current term by providing written notice. Such termination will be effective on the later of: (a) the last day of the term (if your Agreement has a fixed term), or (b) thirty (30) days after FLOW’s receipt of your written termination notice. If You fail to comply with any provision of this Agreement, FLOW may terminate this Agreement immediately without notice. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control.
  11. CHANGES/UPGRADES. Additional Services. If Customer wishes to add or upgrade additional or upgraded services or modules from FLOW (“Additional Services”), FLOW will make these Services available to Customer on the terms and conditions set forth in this Agreement. With respect to any upgrades, the term will be coterminous with the preexisting subscription term (either initial term or renewal term); and Customer will be responsible for any additional fees for the additional services in full for the month in which the order is approved by FLOW. Should change of service or upgrade not be needed after request and payment are completed, FLOW will not provide refunds. FLOW is a pre-paid service, invoiced on the first day of the month. Any upgrade or downgrade requests must be made in writing at least 15 days prior to the start of the next billing period.
  12. EXPORT RESTRICTIONS. You acknowledge that the Services or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
  13. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to FLOW, its affiliates, suppliers and any other party authorized by FLOW to resell, distribute, or promote the Services (“Resellers”), and under such circumstances FLOW, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
  14. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND FLOW, ITS AFFILIATES, SUPPLIERS AND RESELLERS 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. FLOW, ITS AFFILIATES, SUPPLIERS AND RESELLERS 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, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO 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, INCLUDING ANY DATA LOSS WHETHER HOSTED BY FLOW OR BY YOU. SPECIFICALLY ANY SLIDES SHOWS, RECASTS, MOVIES, AUDIO FILES HOSTED BY FLOW SHOULD BE ALSO DUPLICATED OFFLINE BY THE CUSTOMER AND YOU AGREE TO HOLD HARMLESS FLOW FOR THE LOSS OF ANY SUCH FILES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify, defend and hold harmless FLOW, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, FLOW, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
  15. DATA RETENTION. FLOW will retain reports, files, movies, and documents for up to 180 days. Through the use of the system and/or APIs, you may download reports for your archival purposes.
  16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLOW OR ITS AFFILIATES, SUPPLIERS OR RESELLERS 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 FLOW, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FLOW’S, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
  1. MISCELLANEOUS
    1. Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Texas, U.S.A., as applied to agreements entered into and to be performed in Texas by Texas The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Harris County, Texas.
    2. Arbitration Clause. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be governed by and interpreted in accordance with the laws of Texas, U.S.A., without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Harris County, Texas, before a single arbitrator of the American Arbitration Association (AAA). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Texas. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.
    3. Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
    4. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
    5. Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
    6. General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. FLOW may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to FLOW under this Agreement must be sent to the address provided in Section 7 above, or other address as provided by FLOW for such purpose. Any and all rights and remedies of FLOW upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on FLOW, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
  1. LARGE EVENT POLICY. Webinar events over 250 attendees require advance notification. You should notify FLOW via phone at +1 415-394-8010, or email at sales@flowapp.com. Notifications must be received no later than seven (7) days prior to the event and require commitment of reserved audience capacity. In-room support is required for all one-time events over 250 attendees, additional fees will apply. Guaranteed uptime and performance standards may vary based on the maximum participant size during the webinar.
  2. BETA SERVICES. We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available (“Beta Services”). You understand and agree that the Beta Services may contain bugs, errors and other defects, and use of the Beta Services is at your sole risk. You acknowledge that your use of Beta Services is on a voluntary and optional basis, and we have no obligation to provide technical support and may discontinue provision of Beta Services at any time in our sole discretion and without prior notice to you. These Beta Services are offered “AS-IS”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory or otherwise. If you are using Beta Services, you agree to receive related correspondence and updates from us, and acknowledge that opting out may result in cancellation of your access to the Beta Services. If you provide feedback (“Feedback”) about the Beta Service, you agree that we own any Feedback that you share with us. For the Beta Services only, these Terms supersede any conflicting terms and conditions in the Agreement, but only to the extent necessary to resolve conflict.
  3. TECHNICAL SUPPORT. FLOW will provide You with technical support assistance for the FLOW platform. Support requests will be handled in the order in which they are received, and will be responded to within 48 business hours.
  4. MINIMUM SYSTEM REQUIREMENTS.
  • Operating System: PC: Windows 10 or later; Mac OS, Linux.
  • Browser: The most recently-published versions of Chrome.
  • High-speed internet: A consistent, high-speed connection is required.