By selecting “I agree” or similar button or checkbox and clicking the “Confirm and Submit” or “Submit” button you represent and warrant that you have read, understand and agreed to all of the terms of this Agreement, are authorized to enter into this Agreement, and this Agreement is legally binding on you. Once this Agreement is completed and accepted, you should print a complete copy for your records. If you do not wish to be bound by this Agreement, then you must not use the Services.
Agreement. Bloodworth Ventures, LLC (“Flow Phantom,” “we,” “us” or “our”), operates the FlowPhantom.com website (the “Site”), which provides the Flow Phantom software to build upsells, cross-sells, and extended and expanded capabilities on Webflow® (collectively, the “Services”). Subject to the terms and conditions of the Flow Phantom Terms of Service (this “Agreement”), Flow Phantom offers you as a site owner (a “Customer”) the Services. By accepting this Agreement, either by accessing the Services or authorizing or permitting any individual to access or use the Services, Customer agrees to be bound by this Agreement. If Customer is entering into this Agreement on behalf of a company or organization, Customer agrees to this Agreement on behalf of such company or organization, and represents and warrants that Customer has authority to bind such company or organization to this Agreement. The communications between Customer and Flow Phantom use electronic means, whether through the Site, the Services or via email. For contractual purposes, Customer (a) consents to receive communications from us in an electronic form; and (b) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Flow Phantom provides to Customer electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
License. Subject to the terms and conditions of this Agreement, during the term of this Agreement Flow Phantom will make the Services available to Customer and Customer’s authorized users, if any, and grants to Customer and Customer’s authorized users, if any, a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license to use the Services. Customer accepts sole responsibility for the use of the Services by Customer, Customer’s authorized users, and any other user who gains access to the Services through Customer or its authorized users. Customer’s use of the Services is also subject to third-party terms, including Webflow’s terms (https://webflow.com/legal/terms), and Customer will abide by the terms of this Agreement as well as applicable third-party terms. Customer hereby grants Flow Phantom a worldwide, irrevocable, royalty-free, fully paid-up, transferable, sublicenseable, perpetual right and license to use any suggestions, enhancement requests, recommendations, feedback or other comments Flow Phantom receives from Customer.
Customer Obligations. Customer will comply with all applicable laws, regulations, and third-party rights (including, without limitation, laws regarding the import or export of data or software, privacy and local laws) in its use of the Services. Customer will not use the Services to encourage or promote illegal activity or violation of third-party rights. Customer may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Site, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of other Services to its source. Customer will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Account. When Customer creates an account with Flow Phantom, Customer represents to Flow Phantom that the information Customer provides Flow Phantom is truthful, accurate, complete, current and otherwise in compliance with this Agreement at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under this Agreement may result in immediate termination of your account on the Services. Customer is responsible for maintaining the confidentiality of its account information, including, without limitation, account password and restricting access to that account. Customer is responsible for any and all activities that occur under its account, including, without limitation, any activity that occurs as a result of its failure to keep secure and maintain the confidentiality of its account. Customer must notify Flow Phantom immediately upon becoming aware of any breach of security or unauthorized use of its account. It is Customer’s sole responsibility to control the dissemination and use of its password, and control access to and use of its account. Customer may not use anyone else’s password or account at any time on the Services. Flow Phantom will not be responsible or liable for any loss or damage arising from Customer’s failure to comply with these requirements and Customer may be held liable for any losses incurred by Flow Phantom or any other user of the Services if Customer’s failure to keep its account information secure and confidential results in someone else’s use of its account or account information.
Modifications. Customer acknowledges that Flow Phantom may modify this Agreement or the Services, as the case may be, from time to time. Customer’s continued access to or use of the Services following any such modification shall constitute binding acceptance of such modification.
Ownership. The Services and the information contained therein contain copyrighted materials, trademarks, proprietary data, research and other information belonging to Flow Phantom or used with permission of licensors of Flow Phantom. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, us. Flow Phantom and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you under this Agreement. Customer acknowledges and agrees that the Services are provided under limited license and access rights and not sold to Customer. Customer does not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the limited license and rights granted under this Agreement, and subject to all terms, conditions, and restrictions, under this Agreement. No copying, redistribution, retransmission, publication or commercial exploitation of any material available on or through the Services is permitted without the express permission of Flow Phantom or the copyright owner, as the case may be, or except as may be expressly authorized by applicable copyright laws. You shall not (a) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.
Support. Customer acknowledges that neither this Agreement nor Customer’s use of the Services entitle Customer to any support services from Flow Phantom, unless the parties enter into mutually agreed upon terms in writing.
Fees. Customers shall pay Flow Phantom all undisputed fees for the Services within thirty (30) days of receipt of invoice. All fees paid by Customer to Flow Phantom are non-refundable and non-prorated unless otherwise noted in this Agreement or otherwise agreed to by the parties.
Disclaimer. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVER AND NETWORK COMPONENTS, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLOW PHANTOM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FLOW PHANTOM’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE SERVICES FEES ACTUALLY PAID TO FLOW PHANTOM IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. Some jurisdictions 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 to Customer. In those jurisdictions, Flow Phantom’s liability will be limited to the maximum extent permitted by applicable law. The limitations set forth in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Indemnification. Customer will indemnify, defend and hold harmless Flow Phantom from and against any third-party claim arising from or related to any breach of any representation, warranty or covenant of this Agreement by Customer, its authorized users, or any other user who gains access to the Services through Customer or its authorized users.
Term and Termination. This Agreement commences on Customer’s use of the Services and will remain in effect until terminated pursuant to this Section. Either party may terminate this Agreement upon written notice to the other party. If Customer terminates this Agreement prior to the expiration of the then current term, the balance of any unpaid amounts owed for the remainder of that term will be charged in full at the time of termination. Customer is not entitled to any pro-rated fees. Any termination of this Agreement shall also terminate the licenses granted by Flow Phantom to Customer hereunder. If Flow Phantom believes or determines, in its sole discretion, that Customer has violated or attempted to violate any of the terms of this Agreement, then Flow Phantom may suspend or revoke the licenses granted hereunder. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, IP ownership, warranty disclaimers, indemnity and limitations of liability.