Welcome to Flom!
1. Applicability of these terms
1. These Terms apply to you if you are a user of Flom either in the United States of America or anywhere in the world.
2. Kindly review these Terms, our policies and instructions to understand how you can and cannot use the Flom App. You must comply with these Terms in your use of this App and only use the platform as permitted by applicable laws and regulations, wherever you may be when you use them.
3. Where there is a restriction on the use of the Flom App in your jurisdiction, we will not be liable for the illegal use of the App in that jurisdiction and some functionality in the App may not be available.
2. Your account
Flom is a digital gifting platform covered by messaging and communications functionality. Flom App Services allow you to communicate, send gifts to and accept gifts from third parties. You may use the Flom App Services on your mobile device, or, if you are an approved merchant who has received express authorization to accept Merchant gifts as described in this Agreement, you may accept Flom App merchant gifts through your mobile application.
3. Account registration and eligibility of user
1. In order to access and use the Flom App, you need to create an account with us. Your account is personal to you and you are prohibited from lending, transferring, gifting or otherwise permitting any other person to access or use your account. Your account name, user ID and other unique identifiers you adopt within the Flom App remains our property which can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
2. It is your responsibility to:
a. protect your account details, including any passwords used to access your Bank and Flom App Account, and
b. Safeguard and manage the use of your Flom App Account, including any purchases made and/or payment obligations arising under your account.
3. Where you suspect that your account has been compromised, it is your duty to promptly inform us. Once a concern has been raised by you regarding a compromise on your account, we will immediately suspend your account and where applicable, notify our Bank and payment gateway partners of this concern. Where the Bank and payment gateway agrees that there is a reasonable suspicion of compromise, your account may be blocked off.
4. You agree that any Personal Information you provide us upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as the need arises. It shall be your absolute responsibility to notify us of any change in your Personal Information.
5. You may be allowed to register for and login to Flom App using sign-in functionalities provided by third party applications such as Facebook or Google. In addition to these Terms, you agree to comply with the relevant third party applications’ terms and conditions applicable to your use of such functionalities.
4. Restriction of use
1. Subject to the relevant legal age in your country, the use of the Flom App is restricted to persons between the ages of 13 and above. If you are under the age of 13, you must not access the Flom App service. In any jurisdiction where a 13year old is legally a minor, we will request express parental consent from parents or legal guardians to permit the access and use of our platform by the minor. Parents and legal guardians must agree to these terms both for themselves and on behalf of the minor and we will extract a verifiable parental consent before collecting, using or disclosing personal information about the minor.
2. If you are using the Flom App on behalf of a company, partnership, association, government, parastatal or any other organization, you warrant that you are authorized to do so and that you are authorized to bind your organization to these Terms. In such circumstances, the name of the organization will be included.
5. Payment service
1. You agree that from time to time, you may make payments to us or third parties as part of your use of Flom and the provision of additional features within the Flom platform. Additional terms relating to such payments (including in relation to refunds (if applicable), billing arrangements and effects of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You are solely responsible for all fees, deductions, charges and taxes associated with any such payments. You further agree that pricing and availability of Items and products are subject to change at any time.
2. Our available payment methods may be automatic, recurring or subscription-based charges (subject to applicable laws and regulations). Unless your purchase is on a subscription basis, your preferred payment method will be made by you on an advance basis. There will be automatic prior notification for renewals. You agree and authorize us to save your chosen payment method's information (credit/debit card details etc.) on our system; and bill your chosen payment method for the relevant periods you choose.
3. We may suspend the provision of any of the Flom App features, product or service where payment made by a chosen payment method is rejected, denied or returned unpaid for any reason unless payment is successfully made by you. Where any costs, fees or any other amounts is incurred by us as a result of such rejection or denial, you will be liable to the extent of such costs, expense, or amount and you agree that we may automatically charge you for such amounts.
4. You agree that we may change any fees that we charge for Flom features, products or services and this will be published within the App. If you do not accept such change to the fees, we may be unable to provide certain features or services to you or you may be unable to access or use Flom.
5. Unless permitted by any mandatory applicable laws and regulations, or as specifically provided by us in these Terms, in and under no circumstance, whether used or unused, will we provide a refund for any payments made by you to us, in relation to any feature, product or service within the App.
6. Where you reasonably believe that we have charged you in error, and subject to any mandatory applicable laws and regulations:
a. you must contact us within 30 days from the date of the disputed charge; and
b. no refunds will be given for any erroneous charges after such 30 days’ period has elapsed.
7. You agree and authorize that we may process payments from you on the Flom App via a third party service, and we may provide your relevant Personal Information to such third parties to process your payments. Where we process your payment through third parties, you agree to comply with the relevant third parties’ terms and conditions in relation to the payment processing service.
You irrevocably and unconditionally authorize us and any of our partner banks to access your bank account(s) and your Personal Information registered thereon, to authenticate your details and settlement of payments initiated by you. You also authorize our partner banks to investigate and where necessary place restriction on any transaction suspected to have been fraudulently initiated by you, using your bank account, proxy account or any third party account suspected to be affiliated to you. You expressly authorize our partner banks to disclose to any legally permitted third parties whether in your jurisdiction or elsewhere, all user information in their possession, as may be required by them for legal and regulatory purposes.
For internal use only, we may make any enquiries we consider necessary to validate your identity and/or authenticate your account information and, for business accounts, your company or employer. This may include asking you for confirmation on certain information or asking for further information and/or documentation about your account usage or identity, or requiring you to take other steps to confirm ownership of your email address, mobile number, bank account details, card payment details or any other information you have provided. We may also take steps to verify your information against third party databases or through other sources.
8. Use of your device information
1. In order to access Flom App, we will require virtual access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access our App. We may require access to your device’s processor and storage to complete the Flom App installation, or your phone contact list, or gallery to enable certain interactive features or functionalities of the App.
2. You will require an adequate internet connection in order to access your Flom account at all times. You may also be required to activate certain functionalities within Flom in the manner described within the App. You may not be able to use certain functionalities within App if you do not comply with such requirements.
3. You agree that we are not responsible for any third party charges you incur including but not limited to any charges from your internet and telecommunication services providers, in relation to or arising from your use of Flom.
1. You agree that when you submit, upload, transmit or display any data, information, media or other content in connection with your use of Flom that:
a. You will continue to own and be responsible for any texts, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Your Content") that you post on or through the Flom App. By displaying or publishing ("posting") any Content on or through the Flom platform, you hereby grant us a non-exclusive, transferable, sub-licensable fully paid and royalty-free, worldwide license to use, modify, delete from, add to, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including without limitation distributing part or all of your Content in any media formats through any media or other means to be developed in the future;
b. You grant other Flom users a non-exclusive license to access and use Your Content within the platform, in accordance with Flom App’s functionalities and these Terms;
3. You further agree that we and any other Company affiliated to us are authorized to retain and continue to use your Content after you cease using the Flom App. We may also be required to retain or disclose Your Content
a. in order to comply with applicable laws or regulations;
b. in order to comply with a court order, subpoena or other legal processes;
c. in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether of your jurisdiction or elsewhere); or
d. where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is that of your jurisdiction or elsewhere.
4. When you share Your Content with other people or users of this Flom App, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content.
5. You agree that you may not be able to delete your content from the Flom platform as we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Flom.
6. You agree that that by installing Flom we may notify all your contacts that you have installed the Flom app and you are using its free tools.
7. We reserve the exclusive right to block or remove your Content for any reason, including where in our opinion, the content is inappropriate as designated by applicable laws and regulations or in accordance with our policies. We further reserve the right to artificially manipulate the visibility, status, or rank of Your Content on Flom.
10. Content responsibility
You represent and warrant that:
1. you own the Content posted by you on or through the Flom Platform or otherwise have the right to grant the license set forth in this section,
3. the posting of your Content on the Flom does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Flom platform.
4.You are solely responsible for Your Content and for maintaining a backup of Your Content – ensure to keep a back-up copy of it at all times.
5. You agree that your Content in accordance with these Terms will not infringe or violate any applicable laws or regulations or the rights of any person whether in your jurisdiction or elsewhere. In no circumstance will we be liable for any infringement or violation of any applicable laws or regulation relating to a person, institution, process, Application, license, material or website.
11. Third party content
1. There may be, from time to time, third party contents, programs and/or services on the Flom platform that are subject to further terms a third party provider, site, platform or link. You are solely responsible for reviewing and complying with any such third party terms and conditions relating to the use of such third party site, material, service, product or link.
2. We do not guarantee that any third party content will be free of material you may find objectionable or otherwise. We disclaim any responsibility or liability related to your access or use of any such third party content.
3. We do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Flom, including content provided by users of Flom or by our advertisers. You acknowledge and agree that by using Flom, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Flom by you is at your own risk.
4. In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, lost data or profits, or any liability, arising out of or in connection with the use of these third-party contents.
5. Any third party site you visit by a link from Flom is solely the responsibility of the vendor, merchant, or other third party providing the site. Links that may be accessed via this platform are for the convenience of the use of the Flom platform only. The content of, including materials and information contained on, any site to which you link from Flom is solely the responsibility of the provider of that website or platform. Any transactions that you enter into with a vendor, merchant or other Third Party listed on Flom or linked from Flom are solely between you and that vendor, merchant or other party.
6. We make no commitment that we will review content including any content posted by other Flom users or third party programs or services that are made available through Flom to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may however refuse to make available or remove links to certain content or third party programs or services if they infringe any known intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the Flom App.
7. We also offer end-to-end encryption for our services, which is always activated. End-to-end encryption means that messages are encrypted to protect against third parties from reading them.
12. Prohibited activities
In connection with your use of Flom, you or a third party affiliated to or related to you agree not to:
1. breach these Terms, or any other agreement or policies that you have entered into directly or indirectly with us or any of our affiliates;
2. violate any law, statute, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising and any other Laws or Regulation whether in your jurisdiction or elsewhere);
3. use the Flom platform to propagate, disseminate or discuss whether by yourself or in a group, whether relating to your country or elsewhere, information which can be construed as politically sensitive topics or curated partisan messages capable of inciting discrimination, hostility or violence against an ethnic sect, religious group or political leaning, or capable of undermining a political regime whether in your country or elsewhere;
4. infringe our copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
5. act in a manner that is defamatory, trade libelous, unlawfully threatening or harassing;
6. provide false, inaccurate or misleading Personal Information;
7. create more than one Flom account directly or through a proxy, using falsified information using temporary email address(es) or phone number(s);
8. send what is reasonably believed to be potentially fraudulent funds or initiate an obvious fraudulent transaction;
9. Circumvent any restrictions on access to or availability of the Services;
10. Send spam messages. Spam message is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages;
11. refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us or closing down your account with the intention to obstruct an ongoing investigation on your account whether in your jurisdiction or elsewhere;
12. post violent, political, pornographic, obscene, explicit adult content or generally illicit and publicly unacceptable content on the platform including the display of drugs, narcotic products and controlled substances;
13. Post ads or related contents which contain child pornography in the form of photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but Appear to depict an identifiable, actual minor, undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child is prohibited from reception, distribution and possession on this platform. Where there is a suspicion of violation, we will immediately ban accounts suspected of sharing this vile content and formally report to the law enforcement Agencies both in your country or elsewhere, to actively prosecute such offender and permit the circulation/publication of the offender’s identity on all known social and print media whether in the offender’s country and/ or elsewhere.
14. control an account that is linked to another account that has engaged in any of these restricted activities;
15. conduct your business or use the Flom Services in a manner that results in or may result in complaints, disputes, claims, reversals, fees, fines, penalties and other liability to Company, a user, a third party or you;
16. disclose or distribute another user’s Personal Information to a third party, or use the information for any other purpose without the authorization of the user;
17. send unsolicited email to a user or use the Flom services to collect payments for sending, or assisting in sending, unsolicited emails to third parties;
18. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
19. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with data or information;
20. use any robot, spider, other automatic device, or manual process to monitor or mimic our platform without our prior written permission;
21. use any device, software or routine to bypass our capcha, or interfere or attempt to interfere, with our services;
22. post any content that threatens the unity, integrity, defense, security or sovereignty of any Country, friendly relations with any foreign states, or public order or causes incitement to the commission of any known offence or prevents investigation of any offence or is insulting to any nation or fosters terrorism or any form extremists activities in any jurisdiction;
23. take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
13. Intellectual property right
1. You agree that the Intellectual Property Rights in the Flom App, including but not limited to all amendments, upgrades or enhancements from time to time and all associated documentation, marks, logos, content, including our trademarks or product names, logos, domain names or other distinctive brand features belong to and are owned unreservedly by us. You have no right to use our intellectual property rights, including our trademarks or product names, logos, domain names or other distinctive brand features, without our prior written consent (such consent only to be granted at our sole discretion). Any comments or suggestions you may provide regarding Flom are entirely voluntary and we will be free to use these comments and suggestions at our discretion including using such comments/suggestions to improve existing services or create new services, without any payment or other obligation to you.
2. By using the Flom platform, you are granted a limited, personal, non-exclusive, non-sub-licensable, non-transferrable, royalty-free and revocable right to use Flom and any software in relation to your use of Flom only in accordance with these Terms and subject to any other instructions as provided by us from time to time.
3. You are prohibited from copying, modifying, creating derivative works, reverse compiling, reverse engineering or extracting source codes from the Flom Software. You are further prohibited from selling, distributing, redistributing or sublicensing Flom or Flom subject to our prior written consent or any applicable laws or regulations (such laws or regulations only to be made applicable after a written notice to us of any such laws and/or regulation and a subsequent written consent from us to you).
14. Other proprietary rights
1. For the purpose of these Terms, "Flom Software/Platform" includes but not limited to any APIs we make available to you for use in relation to Flom, any items, content or features within the Flom Software (eg. stickers, games or other downloadable items within Flom) and any content accessed or used by you within Flom. You agree to comply with these terms and any additional terms applicable to such APIs which you may from time to time be notified of. You agree that we may grant you a limited right to use these items subject to any agreed payment obligation by you. You further agree that We may eliminate these Items from Flom at any time, without recourse to you, and we have no liability whatsoever to you in the event that we exercise these rights.
2. At our discretion, we may provide technical support for Flom either at a cost or free of charge. Subject to these terms, there are no guarantees or warranties of any kind regarding the technical support we may provide
15. Warranty and disclaimer
1. Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
2. We do not make any representation or warranty as to continuous, uninterrupted or secure access to the platform, any failure, malfunction, interruption or unavailability of the Service, or your failure to give proper or complete instructions when using the platform.
3. Other circumstances not within our control include without limitation, force majeure, error, interruption, delay or non-availability of the platform, terrorist or any enemy action, equipment failure, loss of power, failure of any public or private telecommunications systems.
16. Limitation of liability
1. Notwithstanding any applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with these Terms, or the use of Flom or Flom software, arising out of any circumstances, will be limited to the greater of the following amounts:
a. the amount you have paid to us for your use of Flom or Flom software to which the claim relates in the 6 months immediately preceding the date of the most recent claim;
b. and/or USD100 (one hundred US dollars).
2. To the extent permitted by any applicable laws and regulations, in no event will we or any of our affiliate companies be liable for any of the following in relation to these Terms or your use of Flom or Flom software, for any damages or losses caused by:
a. any natural disaster such as floods, earthquakes or epidemics;
b. any other event such as wars, riots or government actions;
c. any computer virus, trojan horse or other damage caused by malware or hackers;
d. any malfunction or failure of our or your software, system, hardware or connectivity;
e. improper or unauthorized use of Flom;
f. using Flom or Flom functionalities/service in breach of these terms;
g. any reasons beyond our reasonable control or predictability; or
h. failure to save or back up any data or other content;
i. any loss arising from any content, programs or services provided by any party other than us (or our affiliates)
j. any loss or damage which are not foreseeable, indirect, special, consequential, exemplary or punitive damages or losses. for the purposes of this clause, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; and/or
k. loss of use;
l. loss or interruption of business;
m. loss of revenues;
n. loss of profits;
o. loss of goodwill;
p. loss or destruction of content or data.
17. Liabilities not excluded
1. In these Terms, nothing expressly or can be inferred to exclude any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
a. any liability for fraud;
b. any liability for negligently caused death or personal injury;
c. any liability for gross negligence or willful misconduct; or
d. any other liability to the extent that such other liability cannot be waived, limited or excluded under any applicable laws and regulations.
2. Additionally, you agree that you and your organization, (if you are using Flom on behalf of your organization) shall indemnify us and our affiliate companies from and against any claim, suit, action, demand, damage, debt, loss, cost, expense including litigation costs/attorneys’ fees and liability arising from your use of Flom or your breach of these terms.
These Terms may be translated into multiple languages. Where there is any difference between the English version and any other language version of these Terms, the English version will Apply (to the extent permitted by applicable laws and regulations).
We may from time to time add, change, modify or remove features or services from Flom App. A service or feature may also be charged or uncharged as the need arise, or we may suspend, discontinue or terminate Flom App entirely. By using this Flom App, you agree that we may take any of such stated actions at any time. Where we consider that any proposed changes to Flom App or any services or features accessible within the Flom App are reasonably material, where reasonably tenable, we will notify you via our website or by direct communication to you via email, the relevant proposed additional terms or policy, prior to such changes coming into effect.
20. Third party agreements
1. You acknowledge and agree that these Terms are between you and us, not with any third party (including, but not limited to Google, Apple or any mobile or telecommunication or network carrier). We are only responsible for the services we provision on the Flom App. Your use of the Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple or Google), your mobile device manufacturer (e.g., Huawei, Samsung), your mobile network provider and other parties involved in providing your mobile device service.
2. Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the third party software and we do not endorse, support or guarantee the quality, reliability or suitability of any third party software. You must comply with any terms and conditions applicable to such third party software which you use. Similarly, we do not provide any technical support for any third party software; all request for third party software support must be passed to relevant support team of the supplying third party.
3. Third party operating system providers such as Google, Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Allowed Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the Flom App Services. You agree that we are not a party to those agreements and have no responsibility for the products and services provided by these third parties.
1. We are allowed to opt out or terminate your use of Flom or any of the Flom functionalities at any time. There may be occasions where we will deduct a fee for termination, (if the terminated service or feature is a paid service or feature) being compensation for charges which we may incur as a result of the termination.
2. The following conditions will lead to a suspension or termination of your access to your Flom account and any Flom functionalities or features:
a. to make changes or undertake any maintenance activities to Flom as notified by us to you;
b. if we reasonably believe that you have breached these Terms;
c. if we have reasons to suspect that your use of Flom poses a risk for us or other Flom users or gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation or platform;
d. if such suspension or termination is required due to applicable Laws; or
e. to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion, and where reasonably practicable, we will give you advance notice of any suspension or termination.
3. If your access to Flom is terminated either in whole or in part by you or us, you agree that:
a. all of your rights under these Terms will terminate;
b. you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and
c. you will immediately be unable to access or use Flom features and services.
22. Governing law
Unless any applicable additional terms incorporated into these Terms provide differently, you agree that any claim or dispute arising from these Terms must be resolved exclusively in the United States District Court for the Eastern U.S. You also submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the State of Texas will govern these Terms and any claim therefrom, without regard to conflict of law provisions.
Your use of Flom is subject to these Terms of Service ("Terms"). Thank you for reviewing these Terms. we hope you enjoy using the Flom App. If you have any questions about the Service, or if you wish to notify us of anything in relation to these Terms, please contact us by email on firstname.lastname@example.org