1. Agreement to terms
These Terms of Service (the “Legal Terms”) are a legally binding agreement between you and FlowShark LLC (the “Company,” “we,” “us,” or “our”) for the use of the QuoteSaver application (the “App”) and all related products and services offered by the Company (collectively, the “Services”). By accessing the Services, you agree that you have read, understood, and agree to be bound by all these legal terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
We may modify these Legal Terms from time to time. We will notify you of any such updates via email or within the App, and by changing the effective date of this document. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the App after the effective date of an updated version of the Legal Terms will indicate your acceptance of the Legal Terms as modified.
2. Registration and eligibility
To use the App, you may be required to create an account and will be asked to share certain personal information, such as your email address. This information will be held and used in accordance with our privacy policy, which can be found at flowshark.app/quotesaver/privacy-policy.
To create an account and access the Services, you must be at least 13 years old. If you are under 18 years of age, your parent or guardian must review and accept these Legal Terms. By using the app, you confirm that your parent or legal guardian has consented to your use of the Services under these terms.
If you are aware of anyone that does not comply with these limitations, please contact us at quotesaver@flowshark.app, and we will take steps to delete or terminate their account.
3. Your use of the Services
You are solely responsible for all of your activity in connection with the App and shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You further agree that if you take any of the following actions, you will be materially breaching this agreement and you agree that you SHALL NOT:
• Use the App or your account to engage in any illegal conduct
• Sell, rent, lease, loan, distribute, or otherwise transfer rights to the App or access to any account you create within the App
• Modify, reverse engineer, decompile or disassemble the AppCopy, alter, modify, or create derivative works of the App, its source code, or content without the express written permission of the Company
• Circumvent or disable any technological features or measures in the App for the protection of intellectual property rights or attempt to use the app in conjunction with any device, program, or service designed to circumvent such protective measures
• Use or access the App to compile data in a manner that is used or usable by a competitive product or service
• Engage in any automated use of the Services, such as using scripts to send comments or messages, or using data mining tools
• Use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone
• Upload or transmit any communications that infringe or violate the rights of any party, including content copyrighted by another party
• Upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, material that is sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and the Company’s Privacy Policy
• Upload any material that contains software viruses or any other computer code, files, or programs that is malicious, technologically harmful, or designed to interrupt, destroy, or limit the functionality of any computer software, this website, or the App
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive information such as user passwords
• Use any information obtained from the Services to in order to harass, abuse, or harm another person
• Make improper use of our support services or knowingly submit false reports of abuse or misconduct
• Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services or related support to you
Any such forbidden use shall immediately terminate your license to use the App.
4. Export and economic sanctions control
The software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App, nor any technical data related thereto, nor any direct product or products derived from or based on such technology received from FlowShark under these Legal Terms thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
5. Limited License to the App
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with these Legal Terms. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company, which may be withheld for any or no reason. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to quotesaver@flowshark.app.
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of the App, (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
6. Services management
We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate action against anyone who violates the law or these Legal Terms, including without limitation reporting such user to law enforcement agencies; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
7. Term and termination
These Legal Terms shall remain in full effect while you use the services. Without limiting any other provision of these Legal Terms, we reserve the right to deny access to and use of the Services to any person for any reason, including without limitation for breach of any part of these Legal Terms.
If we terminate or suspend your account for any reason, you are prohibited from creating a new account. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
8. Modifications and interruptions
We reserve the right to change, suspend, discontinue, or remove the contents of the Services at any time and without notice. We can not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused to you by your inability to access the Services during any downtime or discontinuance of the Services.
9. Subscriptions
The App offers a subscription to the Services that grants access to the features therein. By accessing the App, you agree that your purchases are not contingent on the provision of any future functionality or features.
You may purchase the subscription by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. The subscription may include a trial period where you can experience the application for a specified period at no cost or at a reduced price. After the trial period expires, your subscription will automatically renew to a paid subscription.
The Company may from time to time make changes to the subscription, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the subscription prior to the price change going into effect.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Your payment to FlowShark will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You must cancel your subscription or trial before it renews to avoid the billing of the fees for the next subscription period.
10. Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your account or App passwords. If you believe your account has been compromised, promptly inform the Company by emailing us at quotesaver@flowshark.app.
11. Warranty disclaimer
The Company makes no representation that the App is appropriate or available for use in all locations.
THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, SAVE TO THE EXTENT REQUIRED BY LAW. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK.
We will maintain certain user data that you transmit to the Services in accordance with our Privacy Policy (available at flowshark.app/quotesaver/privacy-policy). Although we perform regular routine backups of such data, you are solely responsible for any data that relates to your use of the Services. You agree that we shall have no liability for any loss or corruption of such data, and you hereby waive any right of action against us arising from the loss or corruption of such data.
12. Dispute resolution
These Legal Terms shall be governed by and defined following the laws of the United States. FlowShark and yourself irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms, except as otherwise required by law.
Where permitted under applicable law, you and FlowShark 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 action. Unless both you and FlowShark agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
The Company is committed to participating in a consumer-friendly dispute resolution process. To expedite resolution and to control the cost of any dispute, controversy, or claim related to these Legal Terms (a “Dispute”) brought either by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party. Both parties agree to attempt in good faith to resolve the Dispute during the informal negotiations.
Where allowed by applicable law, Disputes not resolved by informal negotiations with FlowShark support shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party in writing of the dispute. You must notify the company by emailing quotesaver@flowshark.app. The company will send its notice of the dispute to the email address associated with your account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
You and the Company mutually agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and the Company agree that the arbitrator will decide that issue.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
In order to make the arbitration most convenient to you, the Company agrees that any required arbitration hearing may be conducted via phone or video conference, or, if all parties agree, solely by the submission of documents to the arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
If for any reason an arbitral tribunal or court of competent jurisdiction finds any provision of these Legal Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Legal Terms, and the remainder of these Legal Terms shall continue in full force and effect. A printed version of these Legal Terms shall be admissible in arbitral, judicial or administrative proceedings.
13. Takedown procedures
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number, and email address.
d. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers
14. Miscellaneous
These Legal Terms, our Privacy Policy, and any policies or operating rules posted by us on the Services, or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is deemed to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and shall not affect the enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
15. Contact us
If you have any comments or questions on any part of the App or any part of these Terms of Service, require support, or have any claims, please contact us at quotesaver@flowshark.app.