Table of Contents

Terms & Conditions

Last revised on October 1, 2024

AGREEMENT TO OUR LEGAL TERMS

We at Flow Commission (“Company,” “we,” “us,” “our”).

We manage the website https://flowcommission.com/ (the “Site”), the mobile application Flow Commission (the “App”), and other associated products and services that reference or link to these legal terms (the “Legal Terms”) (collectively referred to as the “Services”).

This is an application for managing construction projects and field services.

You can reach us via email at [email protected].

These Legal Terms create a legally binding agreement between you, whether personally or on behalf of an organization (“you”), and Flow Commission regarding your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT CONCUR WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY CEASE USE.

We will notify you in advance of any planned changes to the Services you are utilizing. The revised Legal Terms will take effect upon posting or by notifying you through [email protected], as indicated in the email. By continuing to utilize the Services after the effective date of any modifications, you consent to be bound by the updated terms.

The Services are designed for users who are at least 18 years old. Individuals under the age of 18 are not allowed to use or register for the Services.

We suggest that you keep a printed version of these Legal Terms for your records.

1. OUR SERVICES

The information provided when utilizing the Services is not meant for dissemination to or usage by any individual or organization in any location or country where such distribution or use would violate laws or regulations, or where it would require us to register in such location or country. Consequently, individuals who choose to access the Services from different locations do so at their own risk and are fully responsible for adhering to local laws, as applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We hold ownership or licensing rights for all intellectual property associated with our Services, which includes all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively referred to as “Content”), along with the trademarks, service marks, and logos present therein (referred to as “Marks”).

Our Content and Marks are safeguarded by copyright, trademark laws, and various other intellectual property rights and unfair competition laws, as well as treaties in the United States and globally.

The Content and Marks are provided in or through the Services “AS IS” solely for your personal, non-commercial use or internal business purposes.

Your use of our Services 

In accordance with your adherence to these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print any section of the Content that you have legitimately gained access to,
  • exclusively for your personal, non-commercial use or internal business purposes.

Except as outlined in this section or elsewhere in our Legal Terms, no segment of the Services and no Content or Marks may be copied, replicated, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our explicit prior written consent.

If you intend to utilize any part of the Services, Content, or Marks beyond what is specified in this section or elsewhere in our Legal Terms, please send your request to: [email protected]. Should we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is displayed or visible when posting, reproducing, or displaying our Content.

We reserve all rights not explicitly granted to you concerning the Services, Content, and Marks.

Any violation of these Intellectual Property Rights will be considered a serious breach of our Legal Terms, and your right to use our Services will cease immediately.

Your submissions and contributions 

Please carefully review this section and the “PROHIBITED ACTIVITIES” section before using our Services to comprehend the (a) rights you grant us and (b) obligations you incur when you share or upload any content through the Services.

Submissions: By directly providing us with any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights of such Submission to us. You understand that we will own this Submission and have the right to use and disseminate it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may encourage you to chat, contribute to, or engage in blogs, message boards, online forums, and other functionalities during which you might create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is made public will also be regarded as a Contribution.

You recognize that Contributions may be visible to other users of the Services.

When you post Contributions, you grant us a license (which includes the use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: utilize, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (which include, without limitation, your image, name, and voice) for any purpose, whether commercial, advertising, or otherwise, to create derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our usage and distribution may take place in any media formats and through any media channels.

This license encompasses our utilization of your name, company name, and franchise name, if applicable, along with any trademarks, service marks, trade names, logos, and personal or commercial images you submit.

You bear responsibility for your posts or uploads: By submitting materials and/or sharing contributions through any aspect of the Services or linking your account via the Services to your social media accounts, you:

  • confirm that you have read and accepted our “PROHIBITED ACTIVITIES” and will refrain from posting, sending, publishing, uploading, or transmitting through the Services any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent allowed by applicable law, relinquish any and all moral rights to such Submission and/or Contribution;
  • ensure that any such Submission and/or Contributions are original to you or that you possess the necessary rights and licenses to submit such Submissions and/or Contributions and that you have the full authority to grant us the aforementioned rights concerning your Submissions and/or Contributions; and
  • guarantee and assert that your Submissions and/or Contributions do not consist of confidential information.

You are entirely accountable for your Submissions and/or Contributions and you explicitly agree to reimburse us for any and all damages that may arise due to your violation of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We retain the right to edit or remove your Content: Although we aren’t obligated to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if we reasonably believe such Contributions to be harmful or in violation of these Legal Terms. If we remove or edit any Contributions, we also may suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS

By utilizing the Services, you affirm and guarantee that: (1) all registration information you provide will be true, accurate, up-to-date, and complete; (2) you will maintain the accuracy of this information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction where you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your usage of the Services will not violate any applicable law or regulation.

If you provide any information that is incorrect, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future usage of the Services (or any part thereof).

4. USER REGISTRATION

You may be required to register to gain access to the Services. You agree to keep your password confidential and will be accountable for all activities related to your account and password. We maintain the right to remove, reclaim, or alter a username you select if we decide, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept these forms of payment:

– Visa

– Mastercard

– American Express

– Discover

– PayPal

– Stripe

You agree to provide current, complete, and accurate payment and account information for all transactions made through the Services. Additionally, you agree to promptly update your account and payment details, including email address, payment method, and expiration date of your payment card, so that we can successfully complete your transactions and contact you as necessary. Sales tax will be added to the cost of purchases as we deem required. We may adjust prices at any time. All payments will be in US dollars.

You agree to pay all charges at the prices currently in effect for your purchases along with any applicable shipping fees, and you authorize us to charge your selected payment provider for these amounts upon placing your order. We reserve the right to rectify any errors or inaccuracies in pricing, even if we have already requested or received payment.

We maintain the right to refuse any order made through the Services. We may, in our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These limitations may encompass orders placed by or under the same customer account, the same payment method, and/or orders that utilize the same billing or shipping address. We retain the right to restrict or prohibit orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal 

Your subscription will persist and automatically renew unless it is canceled. You agree to allow us to charge your payment method regularly without needing your prior consent for each recurring payment, until you decide to cancel the relevant order. The duration of your billing cycle will depend on the subscription plan you selected when signing up for the Services.

User Additions and Automatic Updates

When you add more users to your account, your subscription will be automatically updated to reflect the additional user licenses. This may result in an immediate and prorated charge for the current billing period, as well as an increased recurring cost in future billing cycles. By adding users, you agree to these automatic updates and charges.

Free Trial 

We provide a 15-day complimentary trial for new users who register for the Services. You will not be billed, and your subscription will remain inactive until you choose to upgrade to a paid version after the free trial ends.

Cancelation 

All purchases are final and non-refundable. You can terminate your subscription at any time by accessing your account. Your cancellation will become effective at the conclusion of the current paid term. If you have any inquiries or are dissatisfied with our Services, please contact us at [email protected].

Fee Changes 

We may occasionally adjust the subscription fee and will notify you of any price changes in accordance with applicable laws.

7. PROHIBITED ACTIVITIES

You are not permitted to access or use the Services for any purposes other than those for which we intend the Services to be used. The Services must not be utilized in connection with any commercial activities unless specifically approved or endorsed by us.

As a user of the Services, you agree not to:

  • Systematically extract data or other content from the Services to create or compile, either directly or indirectly, a collection, compilation, database, or directory without our written permission.
  • Trick, defraud, or mislead us or other users, particularly in any attempt to obtain sensitive account information such as user passwords.
  • Bypass, disable, or otherwise disrupt security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise damage our reputation and/or the Services in our view.
  • Use any information obtained from the Services to harass, abuse, or harm another individual.
  • Misuse our support services or submit false reports of abuse or misconduct.
  • Utilize the Services in a manner inconsistent with any relevant laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, including excessive capital letters and spamming (continuous posting of repetitive text), that disrupts any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated system usage, such as using scripts to send comments or messages, or utilizing any data mining, robots, or similar data gathering and extraction tools.
  • Remove the copyright or other proprietary rights notices from any Content.
  • Attempt to impersonate another user or individual or use the username of a different user.
  • Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an excessive burden on the Services or the networks or services associated with the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents who are providing any part of the Services to you.
  • Attempt to circumvent any measures of the Services that are intended to prevent or restrict access to the Services or any portion of the Services.
  • Copy or modify the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Unless permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software that makes up, or is in any way part of, the Services.
  • Except as might result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Employ a buying agent or purchasing agent to make transactions on the Services.
  • Make any unauthorized use of the Services, including gathering usernames and/or email addresses of users by electronic or other means for sending unsolicited emails, or creating user accounts by automated methods or under false pretenses.
  • Utilize the Services as part of any activity to compete with us, or use the Services and/or the Content for any profit-generating endeavor or commercial enterprise.
  • Use the Services to promote or offer to sell goods and services.
  • Sell or transfer your profile in any manner.

8. USER GENERATED CONTRIBUTIONS

The Services may encourage you to engage in discussions, share your thoughts, or participate in blogs, message boards, online forums, and various features, and might allow you to create, submit, post, showcase, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, written works, videos, audio files, images, graphics, feedback, suggestions, or personal information and other materials (collectively referred to as “Contributions”). Other users of the Services and third-party websites may be able to view Contributions you submit. Consequently, any Contributions you send may be considered non-confidential and non-proprietary. By creating or making any Contributions available, you affirm and guarantee that:

The creation, distribution, transmission, public display, or performance of your Contributions, as well as the accessing, downloading, or copying of them, does not and will not violate any proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third parties.

You are either the creator and owner of or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner as contemplated by the Services and these Legal Terms.

You have obtained the written consent, release, and/or permission of every identifiable individual included in your Contributions to use their name or likeness, permitting the inclusion and use of your Contributions in any manner as envisioned by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions do not consist of unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not mock, ridicule, disparage, intimidate, or abuse anyone.
  • Your Contributions are not employed to harass or threaten (in the legal sense of those terms) any person, nor to incite violence against a specific individual or group.
  • Your Contributions comply with all applicable laws, regulations, or rules.
  • Your Contributions do not infringe on the privacy or publicity rights of any third-party individuals.
  • Your Contributions adhere to all relevant laws regarding child pornography or any regulations designed to protect the health or well-being of minors.
  • Your Contributions do not contain any offensive remarks related to race, national origin, gender, sexual preference, or physical disabilities.
  • Your Contributions do not otherwise breach, or link to any materials that breach, any provisions of these Legal Terms, or any applicable law or regulation.

Any use of the Services that violates the above conditions infringes on these Legal Terms and may result in, among other consequences, the termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any section of the Services or making them accessible to the Services by linking your account from the Services to any of your social media accounts, you automatically grant, and you affirm and warrant that you have the authority to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, utilize, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (which includes, but is not limited to, your image and voice) for any purpose, whether commercial, advertising, or otherwise, and to create derivative works of, or incorporate into other works, such Contributions, as well as grant and authorize sublicenses of the mentioned rights. The usage and distribution may take place in any media formats and through any media channels.

This license will apply to any form, media, or technology existing now or developed in the future, and includes our usage of your name, company name, and franchise name, as applicable, along with any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you guarantee that moral rights have not been asserted regarding your Contributions.

We do not claim ownership of your Contributions. You maintain full ownership of all your Contributions and any associated intellectual property rights or other proprietary rights. We are not responsible for any statements or representations in your Contributions made by you in any area of the Services. You bear sole responsibility for your Contributions to the Services and expressly agree to release us from any and all responsibilities, as well as refrain from any legal actions.

We reserve the right, at our sole and absolute discretion, (1) to modify, edit, or otherwise alter any Contributions; (2) to reclassify any Contributions to ensure they are in more suitable sections of the Services; and (3) to pre-approve or remove any Contributions at any time and for any reason, without prior notice. We are not obligated to monitor your Contributions.

10. REVIEW GUIDELINES

We may offer you areas on the Services to submit reviews or ratings. When writing a review, you must adhere to the following guidelines: (1) you should have personal experience with the individual or entity being reviewed; (2) your reviews must not include offensive profanity, or any abusive, racist, offensive, or hateful language; (3) your reviews must not contain discriminatory remarks based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (4) your reviews must not reference illegal activities; (5) you must not be associated with competitors while posting negative reviews; (6) you should not draw any conclusions regarding the legality of behavior; (7) you may not post false or misleading claims; and (8) you may not organize a campaign to encourage others to post reviews, whether favorable or unfavorable.

We may choose to accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or delete them, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of any of our affiliates or partners. We hold no liability for any review or for any claims, liabilities, or losses resulting from any review. By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit in any manner, display, perform, and/or distribute all content related to the review.

11. MOBILE APPLICATION LICENSE

Use License 

If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and utilize the App on wireless electronic devices that you own or control, and to access and use the App on those devices strictly in accordance with the terms and conditions outlined in this mobile application license contained in these Legal Terms. You are not permitted to: (1) except as allowed by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modifications, adaptations, enhancements, translations, or derivative works from the App; (3) violate any applicable laws, rules, or regulations regarding your access or use of the App; (4) remove, alter, or obscure any proprietary notices (including copyright or trademark notices) placed by us or the licensors of the App; (5) use the App for any revenue-generating venture, commercial endeavor, or any other purpose for which it was not designed or intended; (6) make the App available over any network or environment that allows access or use by multiple devices or users simultaneously; (7) use the App to create a product, service, or software that is directly or indirectly competitive with or serves as a substitute for the App; (8) use the App to send automated queries to any website or dispatch any unsolicited commercial emails; or (9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices meant for use with the App.

Apple and Android Devices

The following terms apply when you utilize the App acquired from either the Apple Store or Google Play (each referred to as an “App Distributor”) to access the Services: (1) the license granted to you for our App is restricted to a non-transferable license for using the application on a device operating with the Apple iOS or Android systems, as applicable, and in alignment with the usage rules specified in the corresponding App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services related to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise mandated by applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services for the App; (3) if the App fails to conform to any applicable warranty, you may notify the pertinent App Distributor, which may refund the purchase price, if any, paid for the App per its terms and policies, and to the maximum extent allowed by applicable law, the App Distributor will not have any other warranty obligations related to the App;(4) You guarantee and assert that (i) you are not in a nation that is subject to a US government embargo nor designated by the US government as a “terrorist-supporting” nation, and (ii) you are not included on any US government prohibitive or restricted lists; (5) you are required to adhere to relevant third-party terms of service when using the App, for instance, if you utilize a VoIP application, you must not violate their wireless data service agreement while using the App; and (6) you acknowledge and accept that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license included in these Legal Terms, and that each App Distributor will have the ability (and will be considered to have accepted the ability) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary.

12. SOCIAL MEDIA

As part of the Services’ functionality, you may connect your account with online accounts you hold with third-party service providers (each such account referred to as a “Third-Party Account”) by either: (1) providing us with your Third-Party Account login details through the Services; or (2) permitting us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you are authorized to share your Third-Party Account login details with us and/or to grant us access to your Third-Party Account, without breaching any of the terms and conditions governing your use of the relevant Third-Party Account, and without imposing any fees or usage limitations upon us as a result of the third-party service provider of the Third-Party Account. By allowing us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content you have provided to and stored within your Third-Party Account (the “Social Network Content”) for availability on and through the Services via your account, including without limitation any friend lists, and (2) we may send and receive additional information from your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you select and subject to the privacy settings you have established in those Third-Party Accounts, personally identifiable information you share on your Third-Party Accounts may be accessible on and through your account on the Services. Please note that if a Third-Party Account or its associated service becomes unavailable, or if access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be accessible on and through the Services. You will have the option to disconnect the link between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS LINKED TO YOUR THIRD-PARTY ACCOUNTS IS REGULATED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We do not actively review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we hold no responsibility for any Social Network Content. You acknowledge and agree that we may access your email address book related to a Third-Party Account and your contacts list on your mobile device or tablet solely for the purpose of identifying and informing you of contacts who are also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by reaching out to us using the contact information provided below or through your account settings (if applicable). We will strive to delete any information stored on our servers that was acquired via such Third-Party Account, except for the username and profile picture linked to your account.

13. SERVICES MANAGEMENT

We reserve the right, though we are not obligated to: (1) monitor the Services for any violations of these Legal Terms; (2) take appropriate legal actions against anyone who, at our sole discretion, violates the law or these Legal Terms, including but not limited to reporting such individuals to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable any files and content that are excessively large or burdensome to our systems; and (5) otherwise manage the Services in a way that protects our rights and property while ensuring the proper functioning of the Services.

14. PRIVACY POLICY

We prioritize data privacy and security. Kindly review our Privacy Policy. By utilizing the Services, you agree to adhere to our Privacy Policy, which is integrated into these Legal Terms. Please note that the Services are hosted in the United States and Canada. If you access the Services from any other area of the world with laws or other requirements concerning personal data collection, usage, or disclosure that differ from those applicable in the United States and Canada, by continuing to use the Services, you are transferring your data to the United States and Canada, and you explicitly consent to your data being transferred to and processed in the United States and Canada.

15. TERM AND TERMINATION

These Legal Terms will remain fully effective as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RETAIN THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND UTILIZATION OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY INDIVIDUAL FOR ANY REASON OR FOR NO REASON, INCLUDING BUT NOT LIMITED TO A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY END YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are barred from registering and creating a new account under your own name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. Alongside terminating or suspending your account, we reserve the right to take suitable legal action, which may include civil, criminal, and injunctive relief.

16 MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the Services at any time or for any reason at our sole discretion without prior notice. However, we are not obligated to update any information on our Services. We will not be liable to you or any third party for any changes, price adjustments, suspension, or discontinuation of the Services.

We cannot guarantee that the Services will always be available. We may encounter hardware, software, or other issues or need to conduct maintenance related to the Services, which can lead to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notifying you. You agree that we hold no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation. Nothing in these Legal Terms will be interpreted as obligating us to maintain and support the Services or to provide any corrections, updates, or releases concerning it.

17 .GOVERNING LAW

These Legal Terms will be governed by and defined in accordance with the laws of Canada. Flow Commission and yourself irrevocably agree that the courts of Canada will have exclusive jurisdiction to resolve any disputes that may arise in connection with these Legal Terms.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the costs of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, “Disputes”) raised by either party (individually, a “Party” and collectively, the “Parties”), the Parties agree to initially attempt to negotiate any Dispute (excluding those Disputes expressly noted below) informally for a minimum of thirty (30) days before initiating arbitration. Such informal negotiations will begin upon written notice from one Party to the other Party.

Binding Arbitration 

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and ultimately resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (located in Brussels, Belgium at Avenue Louise, 146) in accordance with the Rules of this ICAC, which, by referring to it, is considered part of this clause. The number of arbitrators shall be 2. The seat, or legal place, of arbitration shall be in Canada. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Canada.

Restrictions 

The Parties agree that any arbitration will be confined to the Dispute between the Parties on an individual basis. To the maximum extent allowed by law, (a) no arbitration shall be consolidated with any other legal action; (b) there is no entitlement or authority for any Dispute to be resolved through arbitration on a class-action basis or to employ class action procedures; and (c) there is no entitlement or authority for any Dispute to be presented in a supposed representative capacity on behalf of the general public or any other individuals.

Exceptions to Informal Negotiations and Arbitration 

The Parties consent that the following Disputes are exempt from the previously mentioned provisions concerning informal negotiations and binding arbitration: (a) any Disputes aimed at enforcing or protecting, or relating to the validity of, any intellectual property rights belonging to a Party; (b) any Dispute associated with, or arising from, claims of theft, piracy, invasion of privacy, or unauthorized usage; and (c) any claim for injunctive relief. If this provision is determined to be illegal or unenforceable, then neither Party will opt to arbitrate any Dispute that falls within that portion of this provision deemed illegal or unenforceable, and such Dispute shall be resolved by a court with appropriate jurisdiction based on the locations specified above, with the Parties agreeing to submit to the personal jurisdiction of that court.

19. CORRECTIONS

There may be details on the Services that contain typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notification.

20. DISCLAIMER

THE SERVICES ARE OFFERED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR DISCONTINUATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY A THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY ACCOUNTABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY SETTING, YOU SHOULD EXERCISE YOUR BEST JUDGMENT AND USE CAUTION WHERE NECESSARY.

21. LIMITATIONS OF LIABILITY

IN NO INSTANCE WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, DATA LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED HEREIN, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO $25.00 USD. CERTAIN STATE LAWS IN THE U.S. AND INTERNATIONAL LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT BE RELEVANT TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, protect, and keep us safe, including our subsidiaries and affiliates, along with all our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party attributable to or resulting from: (1) your Contributions; (2) your usage of the Services; (3) violations of these Legal Terms; (4) any breaches of your representations and warranties outlined in these Legal Terms; (5) your infringement of a third party’s rights, which includes but is not limited to intellectual property rights; or (6) any overtly harmful action towards another user of the Services that you connected with through the Services. Despite the above, we retain the right, at your cost, to take over the exclusive defense and management of any issue for which you are obligated to indemnify us, and you agree to assist, at your own expense, with our defense of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding to which this indemnification applies once we become aware of it.

23. USER DATA

We will keep certain information that you send to the Services for managing the service’s performance, alongside data related to your utilization of the Services. Although we regularly back up data, you are fully responsible for all information that you transmit or that pertains to any actions you have taken using the Services. You acknowledge that we will have no accountability to you for any loss or corruption of such data, and you hereby relinquish any right to take action against us arising from any such data loss or corruption.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Accessing the Services, sending us emails, and filling out online forms are deemed electronic communications. You agree to receive electronic communications, and you acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Services, satisfy any legal obligations requiring that such communication be in written format. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, IN ADDITION TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any laws, statutes, regulations, rules, or ordinances in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credits by any method other than electronically.

25. SMS TEXT MESSAGING

Opting Out 

If you ever decide to stop receiving SMS messages from us, just respond to the text with “STOP.” You may receive a confirmation SMS message noting your opt-out.

Message and Data Rates 

Please note that message and data charges may apply to any SMS messages you send or receive. These rates are set by your carrier and based on the specifics of your mobile plan.

Support 

For any questions or assistance related to our SMS communications, please reach out to us via email at [email protected].

26. CALIFORNIA USERS AND RESIDENTS

Should any complaint with us remain unresolved to your satisfaction, you can get in touch with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating standards posted by us on the Services or related to the Services form the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of that right or provision. These Legal Terms are enforced to the maximum extent allowed by law. We can transfer any or all of our rights and responsibilities to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act due to any circumstances beyond our reasonable control. If any section or part of a section of these Legal Terms is found to be illegal, void, or unenforceable, that section or part will be considered separable from these Legal Terms and will not impact the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship established between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be interpreted against us simply because we drafted them. You hereby renounce any and all defenses you might have based on the electronic nature of these Legal Terms and the lack of signatures from both parties to execute them.

28. INDEMNIFICATION

By utilizing the platform, system, or application, you agree to indemnify, defend, and protect Flow Commission, its affiliated entities, as well as their predecessors, successors, and assigns, along with their respective directors, officers, employees, agents, representatives, partners, and contractors from any claims, losses, expenses, damages, and costs (including, but not limited to, reasonable attorney fees) that arise from or relate to your actual or alleged violation of these Terms, any content you submit through the Website, your usage or misuse of the Website, or your breach of any law, rule, or regulation.