TERMS OF USE

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING OUR SERVICES, WHICH ARE OWNED AND OPERATED BY DAS NEBULA LLC, A PRIVATE LIMITED COMPANY ORGANIZED IN THE UNITED STATES ("FLOWMETRICS", "WE", "US", OR "OUR"). THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS REGARDING YOUR USE OF THE FLOWMETRICS WEBSITE, FLOWMETRICS APPLICATION, AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WEBSITES, DESKTOP APPS, MOBILE APPS, SOFTWARE, FEATURES, FUNCTIONALITY, CONTENT, PRODUCTS, OR OTHER SERVICES OFFERED FROM TIME TO TIME BY FLOWMETRICS IN CONNECTION WITH YOUR USE OF THE SERVICES (COLLECTIVELY, "SERVICES"). BY USING OUR SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS.

By Using Our Services, You Are Agreeing to these Terms

We offer our Services to you subject to your acceptance of these Terms without modification and all other guidelines, policies or procedures that we may publish or distribute from time to time related to our Services. In addition, some of the features and functionality that we offer through our Services may be subject to additional terms and conditions that we publish or distribute from time to time; your use of those features and functionality will be subject to those additional terms and conditions, which are incorporated into these Terms by this reference. We may refuse to offer our Services to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law, and your corresponding right to access and use our Services is deemed revoked in those jurisdictions.

We May Modify these Terms from Time to Time

We reserve the right to modify these Terms, or change, suspend, or discontinue our Services (including the availability of any feature, functionality, or content) at any time by updating these Terms and publishing or distributing these Terms through the Services. We may also impose limits on certain features, functionality and services, or restrict your access to parts or all of our Services, without further notice or liability. It is your responsibility to check these Terms periodically for changes or updates from time to time. Your continued use of our Services following the posting of any changes to these Terms constitutes your acceptance of those changes.

Our Other Policies

For information about how we process data and personal information, please review our Privacy Policy.

Restrictions on How Our Services Are Used

As a condition of your use, you promise not to use our Services for any purpose that is prohibited or otherwise restricted by these Terms or any applicable law, regulation, statute, directive, or rule (collectively, "Laws"). For the purposes of these Terms, the term "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our Services. For example, you will not (and will not permit any third party to) take any action (including by contributing any Content) that (i) constitutes a violation of any applicable Law; (ii) infringes any intellectual property or other right of any other person or entity; (iii) impersonates any person or entity; (iv) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (v) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; or (vi) contains software viruses or any other similar malicious or nefarious computer codes, files, or programs. In addition, you will not (directly or indirectly) (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of any of our Services or any activities conducted on our Services; (iii) bypass any measures we may use to prevent or restrict access to all or any part of our Services; or (iv) use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of our Services or Content.

Trademarks and Other Intellectual Property Rights

All logos, marks and designations displayed on our Services are the trademarks or registered trademarks of us or our licensors. All other trademarks mentioned in our Services are the property of their respective owners. The trademarks and logos displayed in our Services may not be used without prior written consent from us or their respective owners. You may not remove or alter any trademark or logo, copyright or other proprietary notice in the FlowMetrics App (and any related Services). Portions, features and/or functionality of our Services may be protected under patent applications or patents.

Third-party Sites and Content

Our Services may contain links to other websites ("Third-party Sites"), or include search results, photographs, graphics, pictures, text, information, videos, audio, applications, software, advertisements, and other content or items belonging to or originating from third parties ("Third-party Content"). We have no control over and bear no responsibility for Third-party Sites or Third-party Content. Linking to any Third-party Sites or inclusion of any Third-party Content does not imply our approval or endorsement.

Terminating Your Access to Our Services

We may terminate your access to all or any part of our Services at any time if you do not comply with these Terms. Further, we may terminate our Services for any reason and at any time without notice. Upon any termination, all rights and licenses granted to you in these Terms will immediately terminate, but all provisions which by their nature should survive termination will survive such termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

ALL USE OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT AVAILABLE OR ACCESSED THROUGH OUR SERVICES) IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. OUR SERVICES (INCLUDING, WITHOUT LIMITATION, THE FLOWMETRICS APP, WEBSITES AND ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our, and our affiliates' employees, contractors, agents, directors, officers, suppliers, partners, licensors and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, our Services; or (ii) your violation of these Terms or any applicable Law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, AND EACH OF OUR, AND OUR AFFILIATES' EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, SUPPLIERS, PARTNERS, LICENSORS OR REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OUR SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES; (II) FOR YOUR RELIANCE ON OUR SERVICES; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU (IF ANY) FOR YOUR USE OF OUR SERVICES, OR, IF GREATER, $1 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

App Stores

The Apple and Android App Stores are not responsible for the FlowMetrics App.

You acknowledge and agree that the availability of the FlowMetrics App is dependent on the third party from whom you received the FlowMetrics App license, e.g., the Apple iOS or Android app stores (each, an "App Store" and collectively, "App Stores"). The following applies to any app accessed through or downloaded from an App Store ("App Store Sourced Application"):

  1. You acknowledge and agree that (i) these Terms are concluded between you and us only, and not the applicable App Store(s); and (ii) we, not the applicable App Store(s), are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the applicable App Store's terms of service.
  2. You acknowledge that the applicable App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the applicable App Store, and the applicable App Store will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, the applicable App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and the applicable App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  4. You and we acknowledge that, as between us and the applicable App Store, the applicable App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between us and the applicable App Store, we, not the applicable App Store, will be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim to the extent required by these Terms and our policies.
  6. You and we acknowledge and agree that the applicable App Store, and the applicable App Store's subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and conditions of these Terms, the applicable App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  7. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of use when using the App Store Sourced Application.
  8. In addition, for any mobile app accessed through or downloaded from the Apple iOS App Store, you will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system); and (ii) as permitted by the "Usage Rules" set forth in the Apple iOS App Store's Terms of Service

Miscellaneous

These Terms are the entire agreement between you and us with respect to your use of our Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to your use of our Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We will not be liable for any failure to perform our obligations hereunder due to any cause beyond our reasonable control. These Terms are personal to you and are not assignable or transferable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. These Terms are governed by the laws of the United States without reference to its choice of law rules. You irrevocably consent to exclusive personal jurisdiction and venue in the courts located in the United States regarding any actions, claims or proceedings arising out of these Terms and agree not to commence or prosecute any action, claim or proceeding other than in those courts.

Contact Us

You can contact us at:

FlowMetrics LLC
Email: legal@flowmetrics.app

In addition, under California Civil Code Section 1789.3, residents of California who use our Services are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

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