Welcome to Flowcite! Thank you for choosing us!

By using our website at https://flowcite.com/ and any subdomains (collectively the “Site“), or other products and services (including any related mobile applications) provided to you by us (collectively along with the Site, the “Services“), you agree to these Terms of Use, our Privacy policy, and any additional terms or product requirements applicable to the Services you use. If you do not agree to all of these Terms of Use, you are not authorized to use or access the Services.

The Services are provided by Flowcite, Inc. (” Flowcite“, “we“, “us” and “our“). “You,” “your” and “user” refer to any person or entity using the Services. We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you throughout the length of time that you use the Services.

ACCESSING THE SITE AND THE SERVICES
Usage and access of the Site and the Services requires that you, the user, register for and are approved to use the Services. As such you are required to create an account, provide relevant information for that account and use the account in line with these Terms of Use and our Privacy Policy. Users must provide truthful and accurate information to use the Services. If your account contains any misleading or false information you may be barred from accessing the Services now and in the future. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Flowcite to any registration requirement within such jurisdiction or country.

PRIVACY
By using the Services, you consent to our collection and use of personal data as outlined in our privacy policy (” Privacy Policy“).

MINIMUM AGE
You must be 18 years of age, or the age of the majority of your province, territory or country, to register your account and use the Services. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement and permission of a parent or legal guardian, under such person’s account and subject to these Terms of Use and Privacy Policy.

PROPRIETARY RIGHTS
The Services are owned and operated by Flowcite. Unless otherwise explicitly specified by Flowcite, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, ” Flowcite Content“), are owned, controlled, or licensed by Flowcite or Flowcite’s third-party partners. Flowcite Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third-parties. Any unauthorized use of Flowcite Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

SOFTWARE LICENSE AND SERVICES
Subject to your compliance with these Terms of Use, Flowcite hereby grants you a personal, non-exclusive, non-commercial, revocable and non-transferable license to use the Services in according with these Terms of Use to:
1. Access the Services via mobile application, software application or internet connection for the purposes of managing your academic and research papers and products.
2. Access academic journals and other sources pursuant to your academic and research needs.
3. Manage citations and references in accordance with the Services.
4. Access additional services such as proof reading, plagiarism check, and others.

Per these Terms of Use, and unless expressly permitted by local law, you represent that
1. You will only use Flowcite Services in accordance with these Terms of Use.
2. You will not use the Site or Services for any illegal purpose.
3. You will not reverse engineer or copy Flowcite Content and Services.
4. You will not create multiple accounts/users to take advantage of any free or trial offers.
5. You will not copy, reproduce, modify, republish, download, upload, post, transmit, or distribute materials from the Services in any form or by any means without Flowcite’s prior written permission or as expressly provided in these Terms of Use.
6. You will not save or otherwise download content en masse for a purpose other than supporting your academic and research endeavors.

Flowcite does not oversee, monitor, or otherwise guarantee any content accessed via the Site or Services and provides no warrantee with regard to this. Users are responsible for their own decisions. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Services or Flowcite Content, you may not share that subscription or license with others. Flowcite may impose reasonable limits on your scope of access to any Services or Flowcite Content, including limits on time or number of materials accessed or machines used to access such Services or Flowcite Content, to prevent unauthorized third-party access to or use of that Flowcite Content.

USER CONTENT
You retain all rights and are solely responsible for all content that you upload, post, deliver, publish, distribute, provide or otherwise link, transmit or store (hereafter ” post” or “posting“) in connection with or relating to the Service (“User Content“). Notwithstanding the above, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute User Content on the Site or Services or other third party websites or applications for purposes directly related to operating the Site or the Services including: providing, improving, promoting, developing, or facilitating the Service and use of the Service by you and other users. We reserve the right to access your account in order to respond to your requests for technical support.

You understand that even though data transfers on the Site and Services are encrypted and we do our best to protect the security of your information and User Content, we cannot guarantee that certain operation of the Services, including transmission to and by Flowcite’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services will always be properly encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. We will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.

ACCEPTABLE USE
Our Services may only be used for lawful and ethical purposes. Users are not permitted to plagiarize or otherwise copy any content presented within the Site and Services for their own use without crediting/acknowledging the original author/producer of said content. You agree that you will not post:

1. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any agreement with any party, including any licensing agreement entered into with a third party;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Flowcite;
4. Personal information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
5. Viruses, corrupted data or other harmful, disruptive or destructive files;
6. User Content that advertises or promotes any undertaking, for profit or otherwise, to other users;
7. User Content that is completely unrelated to the topic of the Site and Services; or
8. User Content or links to content that, in the sole judgment of Flowcite, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site or the Services, (d) spreads or supports hateful, obscene, inflammatory, or incendiary speech or content; (e) promotes sexually explicit or violent content or (f) harasses or intimidates other users or persons, (g) which may expose Flowcite or its affiliates or its users to any harm or liability of any type.

ACCOUNT AND TERMINATION
When you create an account with us (the ” Account“), you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. 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.

If we determine, in our sole discretion, that you have breached or failed to comply with these Terms of Use or otherwise violated the law or any applicable rule or regulation or that your actions are harmful to us, we reserve the right to terminate or restrict your Account or your use of the Services, without notice nor liability. In the alternative, if you wish to terminate your account, you can contact us to do it.

In the event your account is terminated, your rights under these Terms of Use will automatically terminate. Accordingly, upon termination, your right to use the Services will immediately cease and you will lose all data related to your Account. In such an event, you must cease all use of the Site and Services. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.

PAYMENT AND FEES
Payments are collected on our behalf by Stripe Inc.. To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Flowcite will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Flowcite may store your method of payment and you hereby acknowledge and agree that Flowcite may charge you for, and you will pay for, any charges specified on the Service. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Stripe Inc. to bill your payment instrument in advance on a periodic basis in accordance with the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we bill you. We reserve the right to change our prices. If we do, we will provide notice of the change on the Site or in an email to you. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

REFUND AND CHARGEBACK
We will not, under any circumstances, issue cash refunds for early plan cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount (” Refund“). We have a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of the Services. Any past due fees and costs may result in restriction in access to the Services.

DISCLAIMER OF WARRANTY
THE SERVICES, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR BAILMENT OF YOUR DATA ON OUR SERVERS OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES. YOU ALSO ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, THAT DEFECTS WILL BE CORRECTED, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FLOWCITE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH FLOWCITE.

INDEMNIFICATION
You agree to indemnify and hold Us, and our respective employees, directors, officers, and agents harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees, arising directly or indirectly out of (i) your misuse of the Services, (ii) your violation of the laws, rules, and regulations, (iii) your breach of these Terms of Use, (iv) your infringement of any intellectual property or other rights of any third party, including by breach of any license agreement with any third party resulting in the unauthorized uploading or storage of the third party’s font or other intellectual property on our server, and (v) any other matter for which you are responsible for hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws and regulations. The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of the Services.

LINKS TO THIRD PARTY WEBSITES
Our Services may contain links to third-party web sites or services that are not owned or controlled by Flowcite.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Flowcite 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 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.

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE FLOWCITE BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES;

  • THE FLOWCITE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FLOWCITE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF FLOWCITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH

DAMAGES. IN NO EVENT WILL FLOWCITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,

LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO FLOWCITE IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT FLOWCITE’S OBLIGATION TO PAY

PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE FLOWCITE’S

LIABILITY FOR FLOWCITE’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH FLOWCITE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FLOWCITE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER FLOWCITE CONTENT OWNED OR CONTROLLED BY FLOWCITE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER FLOWCITE CONTENT OWNED OR CONTROLLED BY FLOWCITE.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES.

OFAC COMPLIANCE
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC“), Department of State, and other United States authorities (collectively, “U.S. Trade Laws“). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Flowcite also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD“) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of the Services.

HIPAA DISCLAIMER
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA“). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Flowcite does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information” is a material violation of these Terms of Use, and grounds for immediate account termination. Flowcite does not sign “Business Associate Agreements” and you agree that Flowcite is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us at legal@flowcite.com.

INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA COMPLIANCE
Users may not post content or use the Services for content that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA“), we designate the following individual to receive any notifications of an alleged infringement:

Copyright Agent
Flowcite Inc.
Attention: Guillaume Grust
2035 Sunset Lake Road, Suite B-2, 19702 Newark, Delaware, United States of America legal@flowcite.com

An effective notification should include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Services.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Flowcite will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party’s intellectual property rights.

IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY FLOWCITE, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.

We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.

The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of the Services.

NOTIFICATIONS AND EMAILS
By registering an Account and/or using the Service, you consent to receiving electronic communications from us relating to your Account, purchases and the Services. These communications may involve sending emails to your e-mail address provided during registration and will include notices about your Account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with Flowcite. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

You can change your e-mail preferences by simply going to https://app.flowcite.com on the profile page of the Application and changing the settings as you see fit.

ENTIRE AGREEMENT
These Terms and our Privacy Policy constitute the entire agreement between you and Flowcite concerning the subject matter described hereunder and supersede all prior agreements.

SEVERABILITY
If any provision of these Terms of Use or Privacy Policy is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

NO WAIVER
Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flowcite without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

COMPLAINTS
Users may submit complaints, in writing, to complaints@flowcite.com. Users must provide a detailed description of the basis of their complaint and their contact information to enable us to respond in a timely and appropriate fashion. All complaints are reviewed by Flowcite Compliance and users will receive a detailed response within 30 calendar days of submitting their complaint.

If another user submits a complaint about your use of the service we will investigate and, if you are found to be in breach of these Terms of Use, your account will be disabled on a temporary or permanent basis.

GOVERNING LAW
These Terms of Use shall be governed and construed in accordance with the laws of the State of Delaware in the United States of America, without regard to any applicable conflict of law provisions.

DISPUTE PROCESS AND SCOPE
Initial Dispute Resolution – In the event of any dispute between you and Flowcite, you, agree to resolve any claim, dispute, or controversy that arises out of or relates to this Terms Use, in accordance with this Section. Before serving a demand for arbitration of a claim, User must first notify Flowcite of the claim at Attn: Legal, 2035 Sunset Lake Road, Suite B-2, 19702 Newark, Delaware, United States of America or by email to legal@flowcite.com, and seek informal resolution of the claim. Any notice from you must include your name, pertinent account information, a brief description of the claim, and your contact information. Flowcite shall have 60 days from the date of the receipt of the notice to informally resolve your claim, which, if successful, will preclude the need for any further action.

Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided below in Exception clause) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including the Terms of use’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. Arbitration will take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.

Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use including but not limited to any claim that all or any part of these Terms of Use is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, will include the essential findings and conclusions upon which the arbitrator based the award, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator’s award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties

expressly waive their right to file a class action or seek relief on a class basis. YOU AND FLOWCITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Notwithstanding the foregoing, Flowcite reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the Terms of Use.

Exception: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Survival. This Dispute Process and Scope section shall survive any termination of your use of the Services.

TRANSFERABILITY
This Terms of Use and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Flowcite.

CHANGES
Flowcite may, from time to time and at our sole discretion, update these terms with or without notice to users. Users are encouraged to review our site, our Terms, and any notifications, messages and communications from us to ensure they are abreast of any changes as they are made. Ongoing use of the Site and Services implies consent to and acceptance of any changes.

Word add-in Terms of use
Please see https://flowcite.com/word-addin-terms to know the terms of use of word add-in.

CONTACT
If you have any questions regarding this policy and your responsibilities under it please contact us at compliance@flowcite.com.

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