These Terms of Use govern the relationship between you and AUM HOLDINGS INC d/b/a FlowUp ("FlowUp", "we", "our", or "us"). For your use FLOWUP'S website (hereinafter referred to as the " Site "), FlowUp's exclusive client communication to solve the program ("platform") (hereinafter collectively referred to as, the "Services"), regardless of whether YOU are a registered user of the service or not. By accessing or using the Service, you are agreeing to these Terms of Use constraints. If you do not agree with these terms, please do not use the service.
You can visit the website purely in order to use the platform. You can access the platform only pursuant to a written agreement in the terms of FlowUp. In any case, you will not (a) rent, lease, sublicense, distribute, transmit, copy, modify, create derivative works, or time-sharing service, or (b) decompile, disassemble, decompile, disassemble or otherwise reverse engineering of any part of the service.
Understand that you are responsible for all data and your carrier or service supplier to levy user fees with your use of the Service. FlowUp is not liable for any payment charges(PayPal/Stripe/Wire Transfers), hereby stating that all the charges are to be bared by the user.
Refund will only be processed by the company to the account holder, via PayPal/ Wire/ ACH transfers, if the transaction for which the refund is to be processed for is done in the current financial year. No Refunds will be processed at the financial year’s end.
Nominal transaction charges will be levied onto the FlowUp account holder's balance while the refund is processed through modes of transfer mentioned above. Refund will be processed within the time frame of 7 working days.
If the account holder comes under the non-usage period, necessary charges will be applied & the remaining account balance will get refunded.
As noted above, for internal marketing and promotional activities, FlowUp may use this information.
If the visitor does not want the collection and use of such information that we disclosed for internal purposes, the visitor may decide to opt out. Our visitors need to recognize that, in some cases, if they choose to "opt-out," they may not be eligible for certain actions. Personally identifiable information is necessary (for example, if an event register select "Select" allow us to collect and use their personal information, we can not contact them for more information about the events)
Credit expire in 90 days from date of purchase. Refundable within 90 days. Non-refundable after credits expired.
The Services are protected by copyright as a collective work under U.S. copyright law.
The information provided by any material on the website may be used only for the purpose of evaluating the platform, and for no other purpose. You may not remove or modify any copyright and other proprietary notices of the Service or any such information or materials.
All the contributions for the use of the service (other than contributions required for your use of the Services as contemplated herein) including all related notes must be consistent and must comply with applicable laws. Users may not upload content that is insulting, defamatory, obscene, fraudulent, in violation of applicable law or the rights of others, or offensive to other users.
You represent and warrant to FlowUp that (a) your contribution to the user or other material you post, provide services, or otherwise have all necessary rights to do so, and (b) you will not, in any way violate or infringe other people's intellectual property rights or other rights. According to our request, you agree to provide full access to the required evidence applicable by the intellectual property owners.In addition, you agree to pay all licensing fees, royalties or any other payments, this may be a contribution to any person in any user connected with the services you publish.
You acknowledge that FlowUp can prohibit the use of its Services if it is being used in an inappropriate way. In addition, FlowUp holds the liberty to modify or remove any published user contributions for the services.
FlowUp reserves the right to refuse or remove any user contribution, information or other materials provided by the Service, without notice, for any reason. FlowUp also holds the rights to terminate a user's access to use the Services. FlowUp accepts no responsibility in the exercise of these rights.
You acknowledge that the user contributions is the intellectual property of their respective owners, and your use of any user contribution is subject to all applicable laws, regulations, and the owners of the rights. FlowUp can not give you any rights of any user contribution; you must obtain all the rights from their respective owners. AUM LLC will not accept any responsibility for you to use in any way the user contribution.
Please note that you will need to log in to contribute or other content uploaded by any user to use any third-party site, and to comply with the terms. FlowUp does not assume any responsibility, and other operations on the site, you agree to indemnify and hold harmless from any claims, losses, liabilities, costs or expenses, and other third-party websites on activities with FlowUp.
Privacy of your personal information is very important. You can know more about FlowUp’s privacy policy on this page. It describes how we will deal with personal information that you provide us with. We reserve the right to use all information regarding your use, and any and all other personally identifiable information provided by you for marketing/advertising purposes, in accordance with the terms of our Privacy Policy. By accepting these Terms of Use, you acknowledge that you have read and understood the privacy policy of FlowUp. FlowUp may change its privacy policy at any time through the updated notice privacy policies or services.
You may not use the Service to send chain letters, junk email, or any other unwelcome communication.
You are the sender of every message transmitted from your account. FlowUp supplies the software; you choose the recipients, you write the content, and you are responsible for obtaining and recording the consent that allows each message to be sent. FlowUp does not supply contact lists and does not obtain consent on your behalf.
Calls and messages sent through the Service must comply with the FlowUp Messaging Acceptable Use Policy, available at https://flowup.com/messaging-acceptable-use-policy, which is incorporated into these Terms of Use by reference. That policy sets out the consent, record-keeping, opt-out, content, timing and campaign registration rules that apply to all traffic on the Platform. It is your responsibility to read it and to keep to it.
You must honor an opt-out request from any recipient promptly and by every channel on which you contact them, and you must not resume contact using another number, campaign or account.
FlowUp does not accept any form of donations from its users. FlowUp can review or monitor the user's contribution in any way (we reserve the right to do so, and to block any user to contribute to our judgment).
The Service contains links to third-party websites and other resources. For these external sites and resources, including any products or services available from such sites and resources, their availability or content, FlowUp does not assume any responsibility or liability. Therefore, in case the user has on any other website any questions, should be directed to the webmaster or site administrator.
Neither the Corporation nor any of its Affiliates shall be liable for DNC as well as any Legal compliance. You agree to comply with all applicable U.S. and international laws, regulations, ordinances, including the Internet, data, e-mail, and privacy.
Where you use the Service to place calls or send text messages, you agree to comply with the laws that govern those communications, including the Telephone Consumer Protection Act and the FCC rules under it, the Telemarketing Sales Rule, the federal and state Do Not Call registries, applicable state telemarketing and messaging statutes, and CAN-SPAM where commercial email content is involved. You also agree to comply with the CTIA Messaging Principles and Best Practices and with the requirements of the carriers and aggregators that carry your traffic.
You are responsible for scrubbing your contact lists against the applicable Do Not Call registries and against your own list of recipients who have opted out, and for keeping records that demonstrate consent for each number you contact. FlowUp may request those records where a recipient, carrier, aggregator or regulator raises a complaint.
FlowUp reserves the right to change these Terms at any time by updating this posting or service provided. Therefore, it is important that you regularly review these Terms of Use, so you (FlowUp Account Holder) is aware about any changes. If you do not agree to any modification of these terms, you must immediately stop the access or use of the Service.
FlowUp reserves the right to modify or suspend access to the Services (whether on a temporary or permanent basis) at any time, without notice. FlowUp does not accept any responsibility for the exercise of this right.
You are responsible for the Service and the interaction with other users of FlowUp. FlowUp may opt (but is not obliged) to participate in resolving such disputes. FlowUp is not responsible for the acts or activities of any user of the service.
The service is for those users who are 18 years of age or older. FlowUp will not have any control over the "contribution of service” users, and does not assume responsibility for monitoring, screen, review and / or block the content. We suggest that if you are under the age of 18, you use the Services under the supervision of your parents or guardians.
You may terminate or suspend your access to any part of the service request(s). You can suspend or terminate access to any or all parts of the service at any time. FlowUp can terminate or suspend the use of its services to any user with immediate effect, in the event of any violation of their terms of use or any other terms or conditions applicable to the services or otherwise. In any such termination, you agree to immediately stop accessing and / or use of the Service. FlowUp reserves sole ownership and rights to discontinue service of any account without any prior notice, if any complaints or fraudulent / illegitimate activity monitored. Without limiting the above, FlowUp may suspend or terminate an account, campaign or sending number immediately where messaging traffic breaches the Messaging Acceptable Use Policy or places FlowUp’s carrier or aggregator relationships at risk.
These Terms of Use shall remain applicable, including, but not limited to, those relating to intellectual property rights, warranty disclaimers and liability limitations and exclusions.
Neither party shall be liable for any breach of its obligations under these Terms of Use caused by an event beyond its reasonable control, including but not limited to, war, riots, strikes, natural disasters, the Internet infrastructure (including acts or omissions of service providers), technical problems or faults with networks, telephone lines, computer systems or software, or any law, regulation, ordinance or other act or order of a court, government or government agency.
FLOWUP (AND ITS THIRD PARTY SUPPLIERS) is providing the service and is making contributions of users AVAILABLE THROUGH THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT WITH RESPECT TO (A) THE SERVICE, (B) any content, data, materials, products, goods, software, information or services provided by or THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, (C) THE RESULTS OF THE USE OF ANY CONTENT, DATA, MATERIALS, PRODUCTS, GOODS, SOFTWARE, INFORMATION or SERVICES, or (D) THE SECURITY OF PERSONAL INFORMATION PROVIDED TO U.S. BY YOU, FLOWUP DOES NOT WARRANT THAT THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE IS FREE OF DEFECTS, ERROR, OMISSION, VIRUS OR ANYTHING THAT CAN CHANGE, DELETE, ADD OR DAMAGE YOUR SOFTWARE, DATA OR EQUIPMENT . YOU ACKNOWLEDGE THAT ANY VIEWING OR DOWNLOADING ANY CONTENT OR OTHER MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN RISK.
In any case, FlowUp (OR any of it’s third-party suppliers) will not be liable for any special, incidental, consequential, exemplary, punitive, direct or indirect damages (including, but not limited to, damage for loss of business profits, reputation, data, procedures, or information, and etc.) arising from the use of or inability to use the Service or any content (including but not limited to breach of contract, negligence or other tort). Specifically, FlowUp does not take the responsibility of (A) the damage caused by the service or download the service or access INTERNET service, (B) any unauthorized use of personal information, and (C) any viruses, software errors or similar mechanism. Because some states do not allow the exclusion of implied warranties or limitations on responsibility for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such countries, FlowUp’s responsibility is limited to the maximum extent permitted by law.
You agree to indemnify and maintain FlowUp and all claims, losses, expenses, liabilities, expenses, costs, including reasonable attorneys' fees, resulting in (a) any violation of these Terms of Use, (b) any violation of the rights of third parties, and (c) information on any service or user contributions or other sites.
FlowUp can notify by email or display services in accordance with the use of these terms (or link notification). FlowUp’s failure to insist upon or enforce strict performance of this agreement shall be construed as a waiver of any provision or right. With regards to these Terms of use, the relation between the users and FlowUp is governed and construed in accordance with the laws of the state of Delaware. In addition, the user agrees that in case of any legal action or proceeding between the user and FlowUp, the federal district court, (the court is located in New Castle County, Delaware) will have exclusive jurisdiction. Any claim arising from these terms of use or service, must be made within one (1) year from the date of the claims.