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Flowspace Terms and Conditions

Effective Date: July 18, 2024

1. Introduction

Welcome to Flowspace. These Terms and Conditions (“TOS”) govern your use of our website and services. By accessing our website, you agree to these terms. If you do not agree with these terms, please do not use our website or services.

2. Access to Services

Flowspace provides services only available through the Flowspace online portal (“Flowspace Portal”). To access these services, users must sign specific agreements and receive login credentials. These agreements may include but are not limited to the SaaS Subscription Agreement, Order Form, Customer Warehouse & Transportation Terms of Service, and/or Provider Warehouse Services Agreement, as applicable.

3. Types of Users

  • General Public: Can access general information on the website and request demos.
  • Existing Customers: Have entered into an Order Form and Warehouse & Transportation Terms of Service, granting them access to the Flowspace Portal.
  • Warehouse Providers: Have entered into a Provider Warehouse Services Agreement, granting them access to the Flowspace Portal.

4. Scheduling Demos and Interacting with Chatbots

You can schedule demos and interact with our chatbots for preliminary information and support. Demo availability is subject to confirmation, and interactions with chatbots are recorded for quality and training purposes. Chatbots provide basic information and should not be considered professional advice. Data privacy related to these interactions is covered in our Privacy Policy.

5. Privacy Policy

Our Privacy Policy is incorporated into these TOS. It covers how we collect, use, and disclose your personal data. By using our services, you consent to the practices outlined in the Privacy Policy.

6. User Responsibilities

  • Accurate Information: You must provide accurate and complete information when creating accounts, scheduling demos, or contacting Flowspace.
  • Account Security: Registered users are responsible for maintaining the confidentiality of their account information, including usernames and passwords. Notify Flowspace immediately if you suspect unauthorized access.
  • Compliance with Laws: You must comply with all applicable laws and respect Flowspace’s intellectual property when using our services.

7. Intellectual Property

All content on the Flowspace website, including text, graphics, logos, icons, images, and software, is the property of Flowspace or its content suppliers and is protected by international copyright and trademark laws. Unauthorized use of any content may violate copyright, trademark, and other laws.

8. Disclaimer of Warranties

The Flowspace website and services are provided on an “as is” and “as available” basis. Flowspace makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. To the full extent permissible by applicable law, Flowspace disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Flowspace does not warrant that the website, its servers, or email sent from Flowspace are free of viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by law, Flowspace’s liability to you for any damages arising from or related to your use of the website or services is limited to $25, unless otherwise agreed to in a writing signed by an authorized Flowspace representative. This limitation applies to all claims of damages, including but not limited to indirect, incidental, punitive, and consequential damages. The limitations of liability outlined in these TOS apply specifically to the use of the Flowspace website and general services provided through it. Different limitations of liability may apply to services accessed through the Flowspace Portal and governed by specific agreements, such as the SaaS Subscription Agreement, Order Form, Customer Warehouse & Transportation Terms of Service, and Provider Warehouse Services Agreement. Please refer to the respective agreements for detailed information on liability limitations related to those services.

10. User-Generated Content

  • Ownership and License: Users retain ownership of content they own and submit but grant Flowspace a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, modify, and distribute the content.
  • Content Guidelines: Users must not submit offensive, defamatory, or illegal content.
  • Responsibility for Content: Users are solely responsible for the content they submit and any consequences arising from its publication. Users agree to indemnify Flowspace from any claims or damages resulting from their content.
  • No Endorsement: Flowspace does not endorse, and is not required to monitor, any user-generated content and is not responsible for its accuracy or reliability.

11. Indemnification

Users agree to indemnify, defend, and hold Flowspace, its affiliates, officers, agents, and employees harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from or in any way connected with their access to or use of the website, their violation of these TOS, or any violation of law or the rights of any third party.

12. Dispute Resolution

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE PARTIES WILL BE RESOLVED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR, RATHER THAN IN COURT. The Arbitration shall be administered by the Judicial Arbitration and Mediation Services (JAMS) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Either party may initiate arbitration. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction. The initiating party will pay the applicable filing fee to JAMS, and payment of all other fees will be governed by JAMS Rules. This Agreement shall be governed by the laws of the State of California without reference to its conflict of law provisions. The parties agree that any arbitration shall be conducted only in their individual capacities and not as a class action or other representative action. Each party waives the right to bring or participate in a class action in any forum. The arbitrator shall not have authority to consolidate or join the claims of other persons or parties. If the arbitrator deems the claim frivolous or brought in bad faith, the arbitrator may require the filing party to pay all arbitration costs and attorneys’ fees. Before arbitration, a detailed Notice of Dispute must be sent by certified mail by the initiating party. Following this notice, the parties must engage in good faith negotiation discussions. If unresolved within 30 days, either party may commence arbitration.

13. Changes to TOS

Flowspace may update these TOS from time to time. Users should periodically check for updates. Continued use of the website after any changes signifies acceptance of the new terms.

14. Severability

If any part of these TOS is found to be unenforceable, the remainder of the terms will still apply.

15. Contact Information

If you have any questions or concerns about these terms, please contact us at [email protected].

16. Creating a Warehouse Provider Account

If you are interested in becoming a potential Flowspace network warehouse partner, you can apply and submit your information at https://flow.space/list-your-warehouse/.

  • Account Registration: Complete the account registration process by providing accurate and complete information as requested. This is the first step in the process of becoming a potential Flowspace warehouse partner.
  • Username and Password: Choose a unique username and a secure password during the registration process.
  • Approval: Account creation is at the sole discretion of Flowspace, which reserves the right to approve or reject any application without providing a reason. You will be notified via email if your account is activated. Activation does not imply acceptance into the Flowspace warehouse network.
  • No Business Relationship: Creating an account and submitting your information does not constitute a business relationship with Flowspace. A formal business relationship is established only upon the execution of a written Provider Warehouse Services Agreement. Until such agreements are signed, Flowspace has no obligations or commitments towards the account holder.
  • Usage: You shall use your account in compliance with the SaaS Subscription Agreement and these TOS. In the event that you are accepted and execute a Provider Warehouse Services Agreement, you shall thereafter use your account in accordance with the terms of that agreement, in addition to the SaaS Subscription Agreement, these TOS, and any other agreements entered into between the parties.

By submitting your information and creating an account, you agree to these terms and are responsible for all activities conducted under your account.

17. Related Agreements

For more detailed information regarding our services, please refer to the following agreements, and/or other agreements you have entered into with Flowspace, as applicable, including but not limited to:

  • Privacy Policy
  • SaaS Subscription Agreement
  • Your Order Form
  • Your Customer Warehouse & Transportation Terms of Service
  • Your Provider Warehouse Services Agreement

      • By using the Flowspace website and services, you agree to abide by these terms.