Terms of Service

1. Introduction

Welcome to Flowbooks ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Flowbooks platform, including our website, mobile applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect and use your information.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations. By accessing or using the Service, you agree to comply with and be bound by these Terms.

2. Account Registration and Eligibility

To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to keep this information updated. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account.

To use the Service, you must be at least 18 years old and capable of forming a binding contract with us. By using the Service, you represent and warrant that you meet these requirements.

If you are registering on behalf of a business entity, you represent and warrant that you have the authority to legally bind that entity to these Terms and grant us all permissions and licenses provided in these Terms.

3. Subscription and Payments

Some aspects of the Service require payment of fees. You agree to pay all applicable fees for the Service you select. All fees are in the currency specified and are exclusive of applicable taxes unless stated otherwise.

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to your payment information.

Subscriptions automatically renew at the end of each billing period unless you cancel your subscription prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

We reserve the right to change our prices with at least 30 days' notice. If you do not agree to the price change, you may cancel your subscription before the price change takes effect.

4. License and Restrictions

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your business purposes.

You may not:

• Use the Service in any way that violates applicable laws or regulations;
• Infringe or violate the rights of others;
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Interfere with or disrupt the integrity or performance of the Service;
• Use automated scripts, bots, spiders, crawlers, or other automated means to access the Service or extract data;
• Introduce viruses, malware, or other harmful code to the Service;
• Attempt to gain unauthorized access to the Service or related systems or networks;
• Use the Service for any illegal or unauthorized purpose.

We reserve the right to monitor your use of the Service to ensure compliance with these Terms and to terminate or suspend your access for violations.

5. User Content and Responsibilities

You are solely responsible for all content, data, information, and materials that you upload, post, transmit, or otherwise make available through the Service ("User Content"). You represent and warrant that:

• You have all necessary rights to your User Content;
• Your User Content does not violate any rights of any third party, including intellectual property rights or privacy rights;
• Your User Content complies with these Terms and all applicable laws, rules, and regulations.

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, and display that User Content solely for the purpose of providing and improving the Service.

We take no responsibility and assume no liability for User Content. We have the right, but not the obligation, to monitor, edit, or remove any User Content.

6. Intellectual Property Rights

All rights, title, and interest in and to the Service, including all intellectual property rights therein, are and will remain our property and the property of our licensors. Nothing in these Terms transfers any such rights to you.

The Flowbooks name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You may not use such marks without our prior written permission.

You retain all rights to your User Content, subject to the licenses granted to us in these Terms.

7. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or integrate with the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE LAST SIX (6) MONTHS FOR THE SERVICE, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Service. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate these Terms at any time by canceling your account and discontinuing use of the Service.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Jurisdiction], using the English language in accordance with the Arbitration Rules and Procedures of [Arbitration Service] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees, and all other expenses) incurred in connection therewith.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Service, updating the "Last Updated" date at the top of these Terms, or by notifying you through the Service or via email.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

It is your responsibility to review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications, your only recourse is to immediately terminate your use of the Service.

14. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and us.

Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.

Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

15. Contact Information