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Terms of Service
Effective as of June 12, 2021 | Last Updated on June 12, 2021
These terms and conditions (the "Terms") set forth the entire agreement between you ("you" or "user") and Groupflow Inc. ("Groupflows," "our," "us," and "we") regarding the subjects addressed in these Terms. Groupflows recommends that you read these Terms carefully. These Terms apply to the Groupflows website ("Groupflows" or "Website") and all related websites, applications, bots, services, and tools where reference is made to this policy, regardless of how you access the Services, including access through mobile devices. Please review the Terms carefully. Your use of the Services constitutes your knowledge and acceptance of these Terms.
1. Use of the Services Groupflows grants you the right to use the Services in accordance with these Terms. You do not and will not own the Services or any information that is provided to you or by you, but you may use these things in accordance with these Terms.
2. Intellectual Property and Right to Use You acknowledge and agree that all copyrights, trademarks, and all other intellectual property rights in all material or content contained within Groupflows' Services shall remain at all times owned by Groupflows. You are permitted to use this material only as expressly authorized by Groupflows.
You acknowledge and agree that the material and content contained within Groupflows' Services is made available for your personal non-commercial use only. Any other use of the material and content of Groupflows' Services is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.
3. DMCA Notice You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests; A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; Identification of the URL or other specific location on the Service where the material that you claim is infringing is located; Your address, telephone number, and email address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
4. Copyrights and Trademarks All trademarks, service marks, and trade names ("Trademarks") of Groupflows used herein and the Groupflows logos are trademarks of Groupflows and may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Groupflows. The Groupflows Trademarks may not be used in connection with the products or services of others, except for the use of a link or a Groupflows web logo to link to this Website, in accordance with these Terms. All other trademarks not owned by Groupflows that appear on this Site and in the App are the property of their respective owners.
5. Scope of License Grant
5.1 Acceptable Use Subject to these Terms of Use, Groupflows grants you a personal, limited, non-exclusive license to access and use the Services for your personal, individual, non-commercial, and non-automated use only, for the purposes of viewing information about activities. You may not access or use the application or the Services except for these express purposes and as expressly allowed by these Terms of Use, except as provided by written agreement with Groupflows.
5.2 Restrictions on Use All materials published on the Site, including, but not limited to, trademarks, service marks, photographs, videos, and illustrations (collectively, the "Content"), is the property of Groupflows unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site for personal, non-commercial use only, provided that you do not remove any trademarks, copyright, or any other notice contained in such content. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance is strictly prohibited without the express written consent of Groupflows.
The following uses of the Service — including the Website and all functions therein — are strictly forbidden:
Using the Service in any way that violates the Terms of Use; Using the Service in any way that breaches any applicable local, national, or international laws and regulations; Attempting to reverse engineer, disassemble, decompile, or otherwise disclose the underlying source code or infrastructure of the Service; Using the Service for fraudulent activity or activity that facilitates fraud; Using or enabling others to use third-party bots, scrapers, spiders, or any other automated means to access the Service for any purpose without the written permission of Groupflows; Using or enabling others to use the Service in a way that imposes what Groupflows deems to be an illicit, excessive, or unnecessarily heavy burden on our infrastructure, regardless whether such activity is an intentional attempt to interfere with the proper operation of the Site; Bypassing or enabling others to bypass any measures Groupflows takes to restrict access to unauthorized areas of the Service.
5.3 Violation of Terms If you violate any of the terms herein, Groupflows reserves the right to terminate your account, bar you from using any Groupflows Services, and take appropriate legal action.
5.4 Age Requirements Children under the age of 13 are prohibited from using Groupflows.
6. Third Parties
6.1 Third Party Sites The Service may include links to other websites or applications ("Third Party Sites"). Groupflows does not endorse any Third Party Sites. You agree Groupflows is not responsible for the availability or content of any Third Party Sites and your use of Third Party Sites is at your own risk.
6.2 Open Source Licenses The progressive web application made available through the Service may use open source software that is distributed to you in executable form. You understand and acknowledge that each open source license is a separate agreement between you and the copyright holder of such open source software, and Groupflows is not a party to any such open source license.
7. Premium Accounts
7.1 Billing You can choose to upgrade your account to a Premium Account. Groupflows will bill you on the date you upgrade to a Premium Account. Groupflows will aslo automatically bill you on each monthly renewal of your subscription until cancellation.
7.2 Cancellations and Refunds You may cancel your Premium Account subscription at any time. Cancellation will stop the automatic monthly renewal of your subscription. However, it will not entitle you to a refund and refunds will not be issued for current or previous subscription periods.
7.3 Terminations and Non-Payment Your Premium Account subscription will remain in effect until it is cancelled or terminated under these Terms of Use. If you do not pay for your subscription renewal on time your Premium Account will be immediately terminated; if a payment is received after the renewal date a new subscription period will start on the date payment is received. Your Premium Account may also be terminated if you violate our Terms of Use or let other people access your Premium Account to use features which require a subscription.
7.4 Changes Groupflows may change the fees associated with Premium Account subscriptions in the future. Groupflows will send an notice to the email address associated with your Premium Account at least 30 days in advance of any such changes.
7.5 Use of Stripe Groupflows uses a third party provider, Stripe, to handle payment processing securely. Groupflows is not responsible for any errors, losses, or damages which occur on the Stripe payment platform.
8. Disclaimer of Warranties You agree that the Services are provided to you on an "as is" and "as available" basis without warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infingement. Groupflows does not guarantee that the Services will be suitable for your needs, or that it will work as anticipated in every configuration. Groupflows does not warrant that the services will be available at any given time, secure, accurate, or free of error. You use the Services at your own risk, and you assume the risk that the Services may provide incorrect information to you or your employees, as wellas the risk that any material downloaded by you from the Services may cause loss of data or damage to your computer system.
9. Limitation of Liability You understand and agree that in no event will Groupflows be liable for any direct or indirect damages, even if Groupflows is aware of the possibility of such damages, including without limitation loss of profits or for any other special, consequential, exemplary or incidental damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory, arising out of or related to your use of the Service. The parties intend that this limitation should apply even if it causes any warranty to fail of its essential purpose.
10. Indemnity You agree to indemnify, defend and hold harmless Groupflows and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.
11. Release You agree to release, indemnify and hold harmless Groupflows, its affiliates, officers, employees, directors, agents and affiliates from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, or your violation of these Terms of Use.
12. Arbitration The parties will attempt to resolve any dispute arising out of or relating to this Terms of Use through amicable negotiations amongst the parties. If the matter is not resolved through negotiations, any dispute, claim or controversy arising out of or relating to this Agreement within ninety (90) days of when the dispute arises, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County, California before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
13. General Policies
13.1 Privacy Policies Privacy Policies are outlined in the Groupflows Privacy Policy. By agreeing to these Terms of Use, you are also agreeing to the terms set forth in the Groupflows Privacy Policy.
13.2 No Guaranteed Availability Groupflows reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Groupflows will not be liable to you for any modification, suspension or discontinuance of the Service.
13.3 Data Charges and Access The Services may require a correctly configured and functional wireless Internet data connection (either cellular or wifi). You may incur data charges for the use of the Services depending on your individual agreement with your wireless data service provider. You are responsible for any such costs.
Groupflows is unable to provide any warranties as to the levels of connectivity you will receive via your mobile device. This may depend upon your wireless data service provider or your corporate policy if you have a work-issued device. Groupflows does not and will not accept responsibility for any connectivity issues you may experience. Please contact your network provider or visit their website if you require assistance configuring a data connection for your device.
13.4 Modification and Termination Groupflows reserves the right to bar any user from use of any or all of the Services at any time in its sole discretion. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Groupflows will not be liable to you for any termination of your access to the Service.
13.5 Updates and New Features Groupflows has the right to modify this Terms of Use in our sole discretion, and the terms will become effective immediately upon publication to this website. Groupflows retains the right to update the application without any prior notice. You agree that Groupflows has full autonomy to introduce new features, security updates, and any other updates Groupflows wishes to introduce. By continuing to access or otherwise use the application or the Services, you agree to be legally bound by any such new Terms of Use.
14. Severability You agree that this Agreement shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by California law. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. You also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
15. Waiver Waiver of Groupflows of strict performances of any provision of these Terms will not be a waiver of or prejudice Groupflows' right to require strict performance of the same provision in the future or of any other provision of these Terms.
16. Choice of Law, Forum, and Venue This Agreement shall be governed by and construed according to the laws of California, without regard to its conflicts of laws provisions. Customer agrees that any dispute, claim, or controversy arising out of or relating to this Agreement or in any way associated with the Activities, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Santa Clara County, California. Customer waives all rights to bring any dispute or claim more than one (1) year after the date the cause of action arose. Nothing contained in this Agreement shall be construed to limit Company’s rights and remedies available at law or in equity.
17. Entire Agreement These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms.