Terms of Service
Last updated: April 01, 2024
THE SUBSEQUENT TERMS AND CONDITIONS ("TERMS") CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU ("YOU") AND BOOTYARD INFORMATION TECHNOLOGIES SERVICES (BITS), ALSO KNOWN AS FLOWCARVE ("COMPANY", "WE", OR "US"). THESE TERMS, ALONG WITH ANY DOCUMENTS THEY EXPLICITLY INCORPORATE BY REFERENCE (TOGETHER, THE "TERMS OF SERVICE"), REGULATE YOUR ACCESS TO AND USE OF FLOWCARVE.COM (THE "WEBSITE") AND THE FLOWCARVE APPLICATION(S) (COLLECTIVELY, THE "APPLICATION", AND TOGETHER WITH THE WEBSITE, THE "PLATFORM"). UNLESS SPECIFICALLY STATED OTHERWISE, THE TERM "PLATFORM" ENCOMPASSES ALL SERVICES PROVIDED TO YOU BY US, INCLUDING BUT NOT LIMITED TO SAAS SUBSCRIPTION SERVICES, ADD-ON PRODUCTS, AND ANY OTHER PRODUCTS OR SERVICES WE MAY OFFER FROM TIME TO TIME (COLLECTIVELY, THE "SERVICES"). BY UTILIZING THE SERVICES, YOU CONSENT TO ABIDE BY ALL THE TERMS OUTLINED HEREIN. SHOULD YOU DISAGREE WITH ANY OF THESE TERMS, YOU ARE ADVISED NOT TO ACCESS OR USE THE PLATFORM, ANY SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR APPLICATION, OR ANY INFORMATION FOUND ON THE PLATFORM.
THESE TERMS MANDATE THE RESOLUTION OF DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, FOREGOING JURY TRIALS OR CLASS ACTIONS. THEY ALSO RESTRICT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
General Usage
General Usage
The Company offers content through the Platform and Services that is either copyrighted or trademarked by the Company or provided under license from the Company's third-party licensors, suppliers, or other Platform users (collectively referred to as the "Materials"). These Materials may include, but are not limited to, graphics, videos, images, logos, software, and other forms of content. Subject to your adherence to these Terms, the Company grants you a limited, personal, non-exclusive, and non-transferable license to display the Materials and to utilize this Platform strictly for your personal use. Apart from the rights explicitly granted in these Terms, you hold no other rights to the Platform or any Materials. You are prohibited from editing, copying, reproducing, modifying, creating derivative works from, altering, enhancing, reverse engineering, or exploiting the Platform or any Materials for any purpose beyond your personal use of the Services. Should you violate any of these Terms, the aforementioned license will automatically terminate. Any Materials that have been downloaded or printed must be either destroyed or returned to us. Moreover, you are required to immediately cease all use of the Platform.
Eligibility
This Platform is accessible and available to users who are at least 18 years of age. Should you be accessing this Platform on behalf of an organization, you affirm that you possess the authority to legally obligate said entity to these Terms. Additionally, access to the Platform necessitates the use of an updated computer equipped with a modern, secure web browser, or a mobile device capable of accessing the Application.
Adherence to these Terms is a mandatory condition for utilizing the Platform. If the Company determines that you fail to meet any of the stipulated requirements, or for any reason—or no reason—at the sole discretion of the Company, your access to the Platform may be immediately suspended or terminated. Moreover, the Company reserves the right to take any corrective action deemed necessary without incurring liability towards you, should there be any infringement of these Terms.
Changes
Changes
The Company may provide Applications for accessing the Platform via mobile devices. To utilize the Application, your mobile device must be compatible with it. The Company cannot assure compatibility of the Application with your mobile device. A non-exclusive, non-transferable, revocable license is granted to you to use an object code copy of the Application on one mobile device owned or leased exclusively by you, linked to a single registered account, for personal use. The following actions are prohibited: (I) modifying, disassembling, decompiling, or reverse engineering the Application, except where such restriction is explicitly prohibited by law; (ii) renting, leasing, loaning, reselling, sublicensing, distributing, or transferring the Application to a third party, or using the Application to offer time sharing or similar services to a third party; (iii) creating any copies of the Application; (iv) removing, bypassing, disabling, or otherwise interfering with security features of the Application, features that prevent or restrict content use or copying accessible through the Application, or features enforcing use limitations of the Application; and (v) erasing the Application's copyright and other proprietary rights notices.
You acknowledge that the Company may periodically release updated versions of the Application and may automatically update the version of the Application on your mobile device electronically. You consent to such automatic updates on your web or mobile device and agree that these Terms will govern all such updates. The license granted herein does not constitute a sale of the Application or any copy thereof, and the Company, along with its third-party licensors or suppliers, retains all rights, title, and interest in the Application (and any copies thereof). Standard carrier data charges may apply during the use of the Application.
You acknowledge that the Company may periodically release updated versions of the Application and may automatically update the version of the Application on your mobile device electronically. You consent to such automatic updates on your web or mobile device and agree that these Terms will govern all such updates. The license granted herein does not constitute a sale of the Application or any copy thereof, and the Company, along with its third-party licensors or suppliers, retains all rights, title, and interest in the Application (and any copies thereof). Standard carrier data charges may apply during the use of the Application.
The following supplementary terms and conditions apply specifically to Applications provided by the Company designed for use on Apple iOS-powered mobile devices ("iOS App"):
- Acknowledgment: You acknowledge that these Terms are solely between you and the Company, excluding Apple, Inc. ("Apple"). The use of the Company's iOS App (whether accessed via web, mobile, or site) must adhere to the App Store's then-current Terms of Service.
- Responsibility: The Company, not Apple, is exclusively responsible for the iOS App and the Services and Content provided through it. You recognize that Apple is under no obligation to offer maintenance and support services concerning the iOS App. Apple will not have any warranty obligations to the fullest extent permied by applicable law regarding our iOS App.
- Claims: You agree that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and use of the iOS App, including, but not limited to, product liability claims; claims that the iOS App fails to conform to legal or regulatory requirements; and claims under consumer protection laws or similar legislation. All such claims will be governed solely by these Terms and any laws applicable to us as the provider of the iOS App.
- Intellectual Property Claims: You agree that the Company, not Apple, is responsible, as required by these Terms, for the investigation, defense, selement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your use of it.
- Third-Party Terms: You must comply with all applicable third-party terms of agreement when using the iOS App. For example, you must not violate your wireless data service agreement when utilizing the iOS App.
- Third-Party Beneficiary: The parties acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the Company's iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App, as a third-party beneficiary thereof.
The following additional terms and conditions are applicable to any Applications provided by the Company for use on Android-powered mobile devices ("Android App"):
- Acknowledgment: You recognize that these Terms are exclusively between you and the Company, not involving Google, Inc. ("Google"). The use of the Company's Android App (whether accessed via web, mobile, or site) must adhere to Google’s then-current Android Market Terms of Service.
- Google’s Role: Google serves merely as the provider of the Android Market from which you obtained the Android App. The Company, not Google, bears full responsibility for the Company’s Android App and the Services and Content provided through it. Google has no obligation or liability to you in relation to the Company’s Android App or these Terms.
- Third-Party Beneficiary: You acknowledge and agree that Google is recognized as a third-party beneficiary of the Terms, specifically in relation to the Company's Android App.
Accessing the Platform and Utilizing Services
Registration is not a prerequisite for merely visiting and viewing the Platform. You are accountable for all activities conducted under your account and assume liability for any violations of these Terms by any user accessing the Platform through your account. Changes to the ownership of an account can be requested via email to omar@flowcarve.com. Such requests will be considered effective once our team confirms receipt of the email. However, it is important to note that the Company retains the right to terminate or suspend any user account, as outlined in these Terms, irrespective of the account's ownership.
Access to Password-Protected Areas of the Platform
Access to Password-Protected Areas of the Platform
To register for an account with the Company, you are required to provide certain information via the account registration page on the Platform, including your name, mobile number, business name, business address, email address, among others. You have the option to supply additional information that may enhance your experience on the Platform or with its Services. Following the submission of your registration details, the Company reserves the right to either approve or reject your registration at its discretion.
You must maintain the confidentiality of your account password and are responsible for all actions taken under your password. Sharing your password, allowing others to use it, or any action compromising your password's security is strictly prohibited. You must inform the Company immediately if your password is lost, stolen, used without authorization, or if you become aware of any security breach related to the Platform.
All information you provide during account registration and subsequently through the Platform must be accurate, complete, and current. You can update, correct, or delete information in your account by either directly logging into your account and making changes or by contacting the Company through the contact information provided in these Terms.
If you register for a "beta account" or a pre-release version of the Platform, Services, and Materials ("Beta Release"), you understand that the Beta Release may have more or fewer features or different licensing terms than later commercial releases. You acknowledge that a beta account will automatically convert to a commercial account upon the Platform and its Services' Public Launch Date. Should you decide not to continue using the Platform or its Services post-Public Launch, you may request account deletion from the Company. The Company reserves the right not to release a commercial version of any Beta Release. Any Beta Release is not deemed suitable for commercial use by the Company and may contain errors.
BY AGREEING TO THESE TERMS, YOU RECOGNIZE THAT USING A BETA RELEASE MAY LEAD TO INTERMITTENT PLATFORM DISRUPTIONS THAT COULD AFFECT YOUR OVERALL USE OF THE PLATFORM AND ANY SERVICES PROVIDED THROUGH IT. THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF A BETA RELEASE.
Membership Details
BY AGREEING TO THESE TERMS, YOU RECOGNIZE THAT USING A BETA RELEASE MAY LEAD TO INTERMITTENT PLATFORM DISRUPTIONS THAT COULD AFFECT YOUR OVERALL USE OF THE PLATFORM AND ANY SERVICES PROVIDED THROUGH IT. THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF A BETA RELEASE.
Membership Details
Upon registering for an account with the Company, you aain the status of a "Member," granting you access to specific password-restricted areas of the Platform and to certain Services and Materials offered on and through the Platform ("Membership"). Membership, including all associated rights and privileges, is personal to you and cannot be transferred to others.
The fee for your Membership will be as listed on the Platform on the date of your registration as a Member. The Company reserves the right to modify Membership fees at any time and does not offer price protection or refunds in the event of price reductions or promotional offers. Any changes to the Membership pricing will only take effect after the current billing cycle for your Membership ends.
Membership fees can only be paid through credit and debit card payments. Your credit or debit card will be charged for the initial Membership fee on the date we process your Membership order. If your Membership includes a free trial period not requiring payment information at sign-up, your card will only be charged after the free trial period ends, provided payment information was added during the trial, or your account will be canceled at the trial's conclusion. Alternatively, your card may be charged on the first business day of a calendar month. Following the initial charge for Membership (or after processing your order for Memberships including a free trial period), you will gain access to the Membership-exclusive sections and Materials on the Platform.
IMPORTANT MEMBERSHIP RENEWAL NOTICE: BOOTYARD INFORMATION TECHNOLOGY SERVICES (BITS), ALSO KNOWN AS FLOWCARVE, WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH RENEWAL DATE AND CHARGE THE APPLICABLE MEMBERSHIP FEE AND ANY SALES OR SIMILAR TAXES TO YOUR CREDIT OR DEBIT CARD, UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THESE TERMS. IF YOU ENROLL IN A MEMBERSHIP THAT INCLUDES A FREE-TRIAL PERIOD, YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE-TRIAL PERIOD UNLESS YOU CHOOSE TO SUBSCRIBE AND PAY FOR A MEMBERSHIP. YOU CAN CANCEL YOUR MEMBERSHIP AS OUTLINED BELOW BY CONTACTING US AT OMAR@FLOWCARVE.COM. IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL CONTINUE TO ENJOY MEMBERSHIP BENEFITS UNTIL THE END OF THE PERIOD FOR WHICH YOU HAVE PAID.
IMPORTANT MEMBERSHIP RENEWAL NOTICE: BOOTYARD INFORMATION TECHNOLOGY SERVICES (BITS), ALSO KNOWN AS FLOWCARVE, WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH RENEWAL DATE AND CHARGE THE APPLICABLE MEMBERSHIP FEE AND ANY SALES OR SIMILAR TAXES TO YOUR CREDIT OR DEBIT CARD, UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THESE TERMS. IF YOU ENROLL IN A MEMBERSHIP THAT INCLUDES A FREE-TRIAL PERIOD, YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE-TRIAL PERIOD UNLESS YOU CHOOSE TO SUBSCRIBE AND PAY FOR A MEMBERSHIP. YOU CAN CANCEL YOUR MEMBERSHIP AS OUTLINED BELOW BY CONTACTING US AT OMAR@FLOWCARVE.COM. IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL CONTINUE TO ENJOY MEMBERSHIP BENEFITS UNTIL THE END OF THE PERIOD FOR WHICH YOU HAVE PAID.
- Sales and Use Taxes: The applicable sales and use taxes for your membership purchase are determined based on the mailing address you provide upon registering as a Member. You authorize the Company to charge your credit or debit card for any such taxes. You may request an invoice for payments made to the Company, but invoices are not automatically provided. You are solely responsible for any additional costs arising from (i) changing the number of users on your account, and (ii) signing up for additional Services with the Company.
- Collections: If payment for your subscription is not received within a reasonable timeframe, we reserve the right to terminate access to the Services and to initiate legal action and collection efforts to recover the full payment.
- Disputes: Under no circumstances shall the Customer issue, or threaten to issue, any disputes or chargebacks to the Company, the Company’s payment processor, or the Customer’s credit card or payment method for any reason. In the event of a dispute or chargeback, we reserve the right to report the account as delinquent to credit bureaus and pursue collection efforts.
Subscription Terms
- Term & Termination: This Agreement does not allow for termination before the end of a term, except as specifically described herein. You may add additional users, with their term aligning with the current term of your account. To terminate your subscription or that of an additional user at term's end, you must give wrien notice 60 days before the term concludes. The initial subscription term is one year, starting on the date you accept the subscription. Subscription fees depend on the number of users and any additional add-on applications, detailed in your order form or ordering page.
- Renewal Terms & Fees: Your subscription will renew automatically for one year at the end of the initial term and will continue to do so at the end of each renewal term unless you give 60 days wrien notice of non-renewal. Fees for any renewal term may increase, with notice given 90 days before the term's start.
- Billing: All fees are charged in USD. Upon accepting the subscription, you'll be invoiced for the initial term and implementation, with payment due within 15 days of the invoice date, unless specified earlier in your order form. If payment for the initial term is not received within 30 days of the due date, implementation will be suspended. Fees for renewal terms are invoiced 30 days before the renewal term starts, due by the renewal term's start date. Customers are required to pay the full contract value for the entire term. Failure to make timely payments grants us the right to terminate access to the Platform and Services, take legal action, and pursue collection efforts to secure full payment.
- Material Breach: In case of a material breach, the non-breaching party will issue wrien notice to the breaching party detailing the breach. The breaching party has 30 calendar days from notice receipt (the "Rectify Window") to address the breach, during which they must take all necessary actions to comply with the terms. If the breach cannot be rectified within 30 days, the breaching party must inform the non-breaching party in writing, explaining why timely rectification isn't possible. The non-breaching party may extend the Rectify Window at its discretion. Payment of fees cannot be withheld during the Rectify Window.
- Acquisition, Merger, or Change of Control: Your subscription will continue unaffected by any corporate transactions, including but not limited to acquisitions, mergers, reorganizations, incorporations, or any other change of control events.
Taxes - Sales & Use
To safeguard our customers and ensure compliance with applicable laws, we are commied to collecting and remiing sales tax as required or deemed necessary. It's important to note that not all states impose sales tax on products and services, so you may not be impacted by this policy.
Purchases
By engaging with the services provided, you agree to promptly pay all applicable fees or charges based on the Company’s current fee structure, charges, and billing policies. Failure to make payments on time or if the Company encounters issues charging your designated payment method for any reason may result in the suspension or termination of your access to the Platform and account. You hereby consent to the Company's right to charge you for all relevant fees, including any taxes and additional charges that may arise in relation to your use of the Platform. These fees will be charged to the credit card or payment method you specified when registering for the Platform, or during any applicable free trial period, and will continue to be billed at regular intervals for the duration of your agreement under these Terms.
If you decide to cancel your account, please be aware that you will not be eligible for any refund. In the event of an outstanding balance on your account, you authorize the Company to charge these unpaid fees to your credit card or to invoice you for such amounts. It is expressly agreed that initiating a chargeback with your credit card company without prior documented communication with our support team is prohibited. You commit to promptly responding to any communications from the Company regarding chargeback claims to verify the accuracy of such claims.
Electronic Communications
Electronic Communications
By utilizing the Platform and/or Services offered through the Platform, you agree to receive electronic communications from the Company. This includes, but is not limited to, communications sent via email, messages within your account on the Platform, or SMS messages. The content of these electronic communications may cover various topics, including notifications about fees and charges, transactional details, and other relevant information pertaining to the Platform and/or Services available through it. These communications form an integral part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications delivered to you electronically by the Company will meet all legal requirements for communication, specifically, the requirement that such communications be in writing.
Links to Third-Party Sites
Links to Third-Party Sites
This Platform may contain links to websites that are not operated by the Company, referred to collectively as 'Third-Party Sites.' Some areas of the Platform may enable you to interact or transact with Third-Party Sites, and, where applicable, adjust your privacy settings on those Third-Party Platforms to share your activities on this Platform with your contacts on those Third-Party Platforms. In certain cases, clicking on a Third-Party Site link may transfer you to a Third-Party Site, though it may seem as though you are still on this Platform. You acknowledge that Third-Party Sites may adhere to different privacy policies, terms and conditions, user guides, and business practices than the Company. You also acknowledge that your use of such Third-Party Sites is regulated by the respective Third-Party Site’s privacy policy, terms and conditions, and/or user guides. You agree to adhere to all terms and conditions, user guides, and privacy policies of any Third-Party Sites you engage with. The Company offers links to Third-Party Sites for your convenience without endorsing, verifying, or assuming responsibility for them, including the accuracy, quality, or completeness of their content, services, links, or any activities conducted through them.
YOU ACKNOWLEDGE THAT BOOTYARD INFORMATION TECHNOLOGY SERVICES (BITS), ALSO KNOWN AS FLOWCARVE, SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES, OR ANY HARM ARISING FROM YOUR USE OF OR RELIANCE ON GOODS, SERVICES, INFORMATION, RESOURCES, CONTENT AVAILABLE THROUGH ANY THIRD-PARTY WEBSITES, OR FROM YOUR DEALINGS OR COMMUNICATIONS WITH THIRD PARTIES. MENTION OF ANY THIRD-PARTY PRODUCTS, SERVICES, PUBLICATIONS, INSTITUTIONS, OR ORGANIZATIONS ON THE PLATFORM DOES NOT IMPLY ENDORSEMENT OR RECOMMENDATION BY THE COMPANY.
Unauthorized Activities
Unauthorized Activities
As a user of this Platform and/or the Services it offers, you are obliged not to engage in the following actions:
- Defaming, abusing, harassing, stalking, threatening, or in any other way violating the legal rights of others, including both Company staff and other Platform users;
- Utilizing language that is racist, ethnically offensive, or otherwise objectionable;
- Promoting or encouraging illegal activities;
- Employing explicit or obscene language, or soliciting/posting images that are sexually explicit, whether real or simulated;
- Posting content that exploits children or minors, or that depicts animal cruelty;
- Uploading any copyrighted or trademarked materials without obtaining explicit permission from the rights holder;
- Spreading unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain leers, pyramid schemes, or engaging in any other form of unsolicited solicitation;
- Using robots, spiders, scrapers, or any automated means to access the Platform for any purpose without our express written permission;
- Taking any action that places an unreasonable or disproportionately large burden on our infrastructure;
- Altering or interfering with the opinions or comments posted by others on this Platform;
- Posting anything that could harm the public image, goodwill, or reputation of the Company.
Your adherence to these guidelines is essential for maintaining a respectful and lawful environment on the Platform.
This list of prohibitions is illustrative and is neither complete nor exclusive. The Company reserves the right to terminate your access to your account and your ability to post on this Platform (or use the Services), with or without cause, and with or without notice, for any reason or no reason, or for any action that the Company deems inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such activities. When required by law or at the Company's discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including aorneys' fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any
claim or demand from a third party that your use of this Platform or the use of this Platform by any person using your username and/or password (including without limitation, your participation in posting areas or your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third party.
Proprietary Rights
Proprietary Rights
"Flowcarve" is a registered trademark of the Company in the Philippines. Other trademarks, names, and logos present on this Platform belong to their respective owners.
Unless specified differently in these Terms, all content and screens displayed on this Platform, including but not limited to documents, services, design, text, graphics, logos, images, and icons, as well as their arrangement, are exclusively owned by the Company. All rights not explicitly granted in these Terms are reserved by the Company. Except as mandated or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material without the express wrien consent of the copyright owner or licensee is strictly forbidden.
Intellectual Property Infringement Procedures
Intellectual Property Infringement Procedures
The Company respects the intellectual property rights of others, and adherence to these Terms includes a requirement for you to do the same. The Company reserves the right to terminate the service and/or access to this Platform for users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement and is displayed on our Platform, please provide the following information to the Company's designated agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on a single online platform are covered by a single notification, a representative list of such works at that platform.
- 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 the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact you, the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's agent for notice of claims of copyright or trademark infringement on this Platform can be reached via email at omar.alcos@bootyard.com.
Reliance on Information Posted
The information available on or through the Platform is intended for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or utility of this information. Placing reliance on the information provided is done at your own risk. We accept no liability or responsibility for any consequences arising from your reliance on such materials, whether you are a visitor to the Platform or someone informed by its contents.
The Platform may feature content from third-party sources. Any opinions, statements, or other information provided by third parties, as well as articles, responses to questions, and other content not produced by the Company, represent only the views and responsibilities of those third-party contributors. The viewpoints of these materials do not necessarily align with those of the Company. We are not accountable or liable for the content or accuracy of any third-party materials.
Disclaimer of Warranties
Disclaimer of Warranties
Your engagement with this Platform and/or the Services is entirely at your own risk. The Materials available have not undergone verification or authentication by the Company, either in full or in part, and may contain inaccuracies, typographical errors, or other issues. The Company does not guarantee the accuracy or the timeliness of the Materials on this Platform. The Company bears no responsibility for any errors or omissions in the Materials, whether those are provided by the Company, our licensors, suppliers, or other users.
THE COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS, DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS, OR GUARANTEES RELATED TO THIS PLATFORM, THE SERVICES, OR ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, GUARANTEES OF QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL PRESENTED OR CONTAINED ON THIS PLATFORM. EXCEPT WHERE EXPRESSLY STATED OTHERWISE, THIS PLATFORM, THE SERVICES, AND MATERIALS, ALONG WITH ANY INFORMATION OR MATERIAL PRESENTED ON THIS PLATFORM, ARE OFFERED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT WARRANT PROTECTION AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS, DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS, OR GUARANTEES RELATED TO THIS PLATFORM, THE SERVICES, OR ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, GUARANTEES OF QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL PRESENTED OR CONTAINED ON THIS PLATFORM. EXCEPT WHERE EXPRESSLY STATED OTHERWISE, THIS PLATFORM, THE SERVICES, AND MATERIALS, ALONG WITH ANY INFORMATION OR MATERIAL PRESENTED ON THIS PLATFORM, ARE OFFERED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT WARRANT PROTECTION AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
NO PROMISES OF ANY SPECIFIC OUTCOMES FROM THE USE OF THE SERVICES AND PLATFORM ARE MADE. UTILIZING THESE SERVICES AND THE PLATFORM IS SOLELY AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
Limitation of Liability
Bootyard Information Technology Services (BITS), also known as Flowcarve, will not be liable for any damages that arise from your actions of displaying, copying, or downloading any materials to or from this Platform. Under no circumstances will the Company be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, including but not limited to loss of data, revenue, profits, use, or other economic benefits, regardless of how these may arise, even if the Company has been advised of the possibility of such damages. Furthermore, your maximum recourse, irrespective of the legal basis of the claim, whether in contract, tort, or otherwise, shall be limited to the total amount you have paid to Bootyard Information Technology Services (BITS) or known as FlowCarve in the twelve months preceding the claim.
Release
In consideration for the services provided by us, alongside other valuable considerations, the receipt and adequacy of which are hereby confirmed, you, the user, explicitly agree to release the Company, its officers, directors, affiliates, subsidiaries, partners, employees, and agents from all claims, demands, causes of action, losses, and damages (both direct and consequential) of every kind and nature, both known and unknown, suspected and unsuspected, disclosed and undisclosed, that may arise from or are in any way connected with any dispute you may have. This release does not cover claims directly arising from the Company’s intentional breach of this agreement, nor does it apply to the extent that such a release is prohibited by law.
Local Laws; Export Control
The Company manages and operates this Platform from its headquarters in the Philippines, and it is possible that the Materials might not be suitable or accessible for use in other locations. Should you access the Platform from outside the Philippines, you bear the responsibility for compliance with local laws applicable to your location.
Feedback
Feedback
Should you choose to send or transmit any communications, comments, questions, suggestions, or related materials to the Company, regardless of the medium (collectively referred to as “Feedback”), proposing changes to the Platform, any Services provided through the Platform, or the Materials, including but not limited to new features or functionalities, all such Feedback will be considered non-confidential and non-proprietary. By submiing Feedback, you transfer all rights, titles, and interests in such Feedback to the Company, which the Company is then free to use, without any aribution or compensation to you. This includes any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, patentable or otherwise, for any purpose whatsoever. This encompasses developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services based on this Feedback. You acknowledge and agree that the Company has no obligation to utilize, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to demand such actions.
Privacy Policy
Privacy Policy
Your utilization of the Services and the Platform is subject to our Privacy Policy, which is available at privacy policy. By using the Platform and/or the Services, you explicitly agree to the terms outlined in our Privacy Policy.
Force Majeure
Force Majeure
Neither party shall be considered liable or at fault, nor be seen as having defaulted or breached these Terms, for any failure or delay in fulfilling or performing any of their obligations under these Terms (except for obligations related to the payment of money), when such failure or delay stems from events beyond their reasonable control. This includes, but is not limited to, natural disasters (such as fires and floods), embargoes, pandemics or epidemics, acts of war or war, riots, strikes, divine acts, or delays or failures to act by any government authority.
General
General
The Company prefers to provide you with advice if it appears that you are not adhering to the Terms, suggesting any necessary corrective measures. Nevertheless, certain breaches of these Terms, as judged by the Company, may lead to the immediate termination of your access to the Services and/or Platform without prior notice. These Terms constitute the entire agreement between you and the Company, superseding all previous negotiations, discussions, or agreements about this Platform. The provisions regarding proprietary rights, disclaimers of warranties, your representations, indemnities, limitations of liability, and general clauses will survive the termination of these Terms. You may not assign or transfer these Terms or any rights granted hereunder, whether voluntarily or by law, without our express prior written consent, and any attempt to do so will be considered null and void. However, the Company reserves the right to assign or transfer these Terms at any time without your consent.
Contact Us
Contact Us
If you have any inquiries regarding these Terms or if you need to contact the Company for any other reason, you can reach us at omar@flowcarve.com. Customer support is available during regular business hours. Requests received after hours will be considered as submitted at the beginning of the next business day.
Please note, our customer support is specifically focused on systems owned and operated by the Company and does not cover issues related to third-party integrations.