FlowPro — Terms of Use

(END USER LICENSE AGREEMENT)

 

Last updated: May 2020

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using FlowPro) (“Application”).

By clicking the “I Agree” checkmark, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

License

Insiteful d/b/a Sitaraman Enterprises LC grants you a revocable, non-exclusive, non-transferable, limited license to install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement (collectively, the “Service” or “Services”).

By submitting, posting or displaying Content on the FlowPro, you grant FlowPro and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Specifically, the MIT license. If you specifically save a Pen as private in FlowPro, and that Pen has never been public on FlowPro or anywhere else, the code in that particular Pen is unlicensed.

You agree that this license includes the right for FlowPro and other users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by FlowPro or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

FlowPro & users of FlowPro may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. FlowPro will not be responsible or liable for any use of your Content in accordance with these Terms of Service.

In the course of using the FlowPro, you may provide FlowPro with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the FlowPro (collectively “Feedback”). You hereby grant FlowPro a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of FlowPro and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the FlowPro name or any of the FlowPro trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to FlowPro or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.

Responsibilities

The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and FlowPro.

FlowPro relies upon parents or guardians 18 years of age or older to determine if the FlowPro and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

As a condition of your use of the Services, you agree to (a) provide FlowPro with true, accurate, current and complete information as prompted by the FlowPro registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the FlowPro, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

You shall: (i) notify FlowPro immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to FlowPro immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will FlowPro be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.

Restrictions

You warrant, represent and/or agree not to, and you will not permit others to:

  1. contribute any Content that…
    1. infringes, violates or otherwise interferes with any copyright or trademark of another party,
    2. reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it,
    3. infringes any intellectual property right of another or the privacy or publicity rights of another,
    4. is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
    5. creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
    6. contains other people’s private or personally identifiable information without their express authorization and permission, and/or
    7. contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. FlowPro reserves the right in its discretion to remove any Content from the FlowPro, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. By uploading Content to the FlowPro, you warrant, represent and agree that you have the right to grant FlowPro the license described above.
    8. upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
    9. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. reproduce, duplicate or copy or exploit any other portion of the FlowPro, without the express written permission of FlowPro;
  3. use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the FlowPro;
  4. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  5. phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. reverse engineer, decompile or disassemble any of the software used to provide the FlowPro;
  8. obtain, collect, store or modify the personal information about other users;
  9. modify, adapt or hack the FlowPro or falsely imply that some other site is associated with the FlowPro or FlowPro; or
  10. use the FlowPro for any illegal or unauthorized purpose. You must not, in the use of the FlowPro, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FlowPro, its users and the public.

Payments

 

A valid credit card is required for paying Accounts. The FlowPro is billed in advance on a monthly or annual basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING YOUR FlowPro PLAN MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. FlowPro DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Modifications to Application

Insiteful reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Prices of all FlowPro plans, including but not limited to monthly subscription plan fees to the FlowPro, are subject to change upon 30 days notice from FlowPro. Such notice may be provided at any time by posting the changes to the FlowPro.

FlowPro shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the FlowPro.

Term and Termination

This Agreement shall remain in effect until terminated by you or Insiteful.

Insiteful may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Insiteful, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

FlowPro reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. FlowPro may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that FlowPro has no obligation to pre-screen or monitor your access to or use of the FlowPro or any information, materials or other content provided or made available through the FlowPro, but has the right to do so. You hereby agree that FlowPro may, in the exercise of FlowPro’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

Insiteful reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 3 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Disclaimer

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE FlowPro ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. FlowPro AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FlowPro AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. FlowPro DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE FlowPro WILL BE CORRECTED. FlowPro AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. FlowPro AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FlowPro SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FlowPro.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE FlowPro AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Contact Information

If you have any questions about this Agreement, please contact us at hi@insiteful.co