Terms and Conditions

Last updated: December 22, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: Arizona, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Flows.ai / Medium, LLC, 20343 North Haden Road, Suite 105239, Scottsdale, AZ 85255.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • Service refers to the Website.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Flows.ai, accessible from www.flows.ai or any other subdomain or subdirectory of the website

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Compliance with All Laws and Usage Policy

Customer is solely and exclusively responsible for complying with all laws in connection with Customer’s use of the Site and Services including, but not limited to, the federal Telephone Consumer Protection Act (47 U.S.C. § 227) (“TCPA”) the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310) (“TSR”), and all applicable state laws and regulations. Without limiting the generality of the foregoing, Customer represents and warrants that the owners of the phone numbers Customer initiates calls or messages to through, or otherwise using, the Flows.ai Services have provided legally valid prior express consent to the receipt of such calls and messages as required by any applicable law or regulation including, but not limited to, the TCPA, the TSR, and all applicable state laws and regulations. Customer agrees, represents and warrants that it will include clear opt-out/unsubscribe information in its calls and on its messages when required to do so by any applicable law or regulation, and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to Customer’s messages or calls. Customer further agrees, represents and warrants that any individuals making a “Do-Not-Call” (“DNC”) request shall immediately be placed on Customer’s internal DNC list and Customer further agrees, represents, and warrants that it will not initiate any subsequent calls or messages to any individuals after they make a DNC request. Flows.ai is not responsible for managing the Customer’s SMS/Text Inbox and SMS/Text replies. The SMS/Text Inbox and SMS/Text Replies are the Customer's sole and exclusive responsibility. It is the Customer's sole and exclusive responsibility to review all messages including those that were processed by the AI Engine for Do Not Call compliance. Flows.ai reserves the right to add phone numbers to the Customer's DNC on Customer’s behalf if Flows.ai deems necessary, but makes no guarantees, and assumes no obligation to do so. Customer is solely and exclusively responsible for all acts or omissions that occur while using the Site or Services, including without limitation, the content of the messages and calls that Customer creates and initiates through the Flows.ai Services. Customer represents and warrants that it shall schedule campaigns in full compliance with all local, state, national, and international calling time rules and regulations and agrees to provide accurate zip codes for phone numbers Customer intends to call. If a zip code is not available, the area code of the phone number will be used. If the area code is invalid, Customer shall not call or message said phone number. In all events, Customer is solely and exclusively responsible for complying with all laws and regulations governing calling time restrictions. Flows.ai shall not be responsible for any legal compliance of Customer. Customer represents and warrants that it shall also comply with all laws and regulations governing the disclosures that are required to be made in any and all calls and texts, including, but not limited to, disclosing legal contact information in any outbound campaign within the initial greeting message. Customer further agrees that Flows.ai is, under no circumstances, responsible or liable for the contents and/or accuracy of any of Customer’s calls or messages. Customer shall provide its own sound files for all outbound campaigns. Flows.ai shall not be liable for any misuse of the Services by Customer. Flows.ai is not responsible for the views and opinions contained in any of Customer’s messages or calls. Customer further represents and warrants that it has complied with all state laws requiring telemarketers to register and post bond in order to legally telemarket into a given state.

Acceptable Use and Conduct

Customer agrees that that it will not use the Site or Services in a manner that:

infringes, violates, or misappropriates any third party’s intellectual property or proprietary rights;

uses or uploads software viruses, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

constitutes unlawful spamming, “chain letters,” “pyramid schemes,” advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy, or any applicable laws, regulations, or generally-accepted advertising or marketing industry guidelines;

is misleading, deceptive, fraudulent, or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent purposes;

is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity, or is invasive of another’s privacy;

targets or is harmful to minors in any way;

is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age, or is otherwise objectionable as determined by Flows.ai in its sole and exclusive discretion;

impersonates a Flows.ai employee, or any other person, or falsely states or otherwise misrepresents Customer’s affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;

interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (e.g., flooding attack) to the Site or Services, or that otherwise negatively affects other persons’ ability to use the Site or Services, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services or any other site or system in use by another user of Flows.ai;

uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;

facilitates the unlawful distribution of copyrighted Content;

licenses, sublicenses, rents, or leases the Services to third parties, uses the Services for third-party training, commercial time-sharing, or service bureau use, otherwise makes the Services available to third parties, or otherwise commercially exploits the Services;

includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services to users;

constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products, or commercial interests;

stalks or otherwise harasses anyone on the Site or Services or with information obtained from the Site or Services;

collects, uses, or discloses data, including personal information, about users without their informed consent, for unlawful purposes or otherwise, or in violation of any applicable laws;

requests, solicits, or otherwise obtains access to usernames, passwords, or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site or Services;

attempts to gain unauthorized access to the computer systems of Flows.ai or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;

posts adult or pornographic Content;

decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services, or any other Flows.ai technology;

copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivative works from, displays, performs, publishes, distributes, redistributes, or disseminates all or any part of the Site or Services;

accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface, or graphics as those found in the Site or Services;

accesses the Site or Services for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; or

accesses the Site or Services to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site or Services; (ii) interfering with the proper working, functionality, or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services. Customer further agrees that its use of the Site or Services shall not include:

Sending unsolicited marketing messages or broadcasts (i.e. spam);

Sending any calls or messages to life-line services, such as hospitals, fire, police, 911 or utility-related telephone numbers;

Using strings of numbers; or

Harvesting, or otherwise collecting information about others, without their consent;

Parties are Independent Contractors Nothing contained herein shall be construed to create the relationship of principal and agent, or employer and employee, between Flows.ai and Customer, and all such relationships are hereby expressly disclaimed. Customer’s employees assigned to use the Site or Services are solely the employees of Customer. Customer shall have sole authority and responsibility to counsel, train, instruct, discipline, review, evaluate, set the pay rates of, and terminate its employees who use the Site or Services. Customer will maintain all necessary payroll and personnel records, and compute wages and withhold applicable federal, state and local taxes and social security payments for Customer’s personnel using the Site or Services. No Joint Venture. The relationship of Customer and Flows.ai hereunder shall in no way be construed to create a joint venture or partnership, it being agreed and understood the relationship between Customer and Flows.ai is an independent contractor relationship.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its 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, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms 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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: