FLOW APP END USER LICENSE AGREEMENT

This End User License Agreement (“Agreement”) is between you and MSH Labs Inc. and governs use of this app made available through the Apple App Store. By installing the Flow App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Flow App.

In order to ensure Flow provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature found under each post.

1. Parties

This Agreement is between you and Flow only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Flow, not Apple, is solely responsible for the Flow App and its content.

2. Privacy

Flow may collect and use information about your usage of the Flow App, including certain types of information from and about your device. Flow may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Flow App.

3. Limited License

Flow grants you a limited, non-exclusive, non-transferable, revocable license to use the Flow App for your personal, non-commercial purposes. You may only use the Flow App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

By using the Flow App, you represent and warrant that (a) you are 13 years of age or older and you agree to be bound by this Agreement; (b) if you are under 13 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Flow App does not violate any applicable law or regulation. Your access to the Flow App may be terminated without warning if Flow believes, in its sole discretion, that you are under the age of 13 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Flow App, you agree to be bound by this Agreement in respect to your child’s use of the Flow App.

5. Objectionable Content Policy

Content may not be submitted to Flow, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

Flow disclaims all warranties about the Flow App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Flow, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

Flow does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Flow, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Flow, not Apple, is responsible for addressing any claims by you relating to the Flow App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Flow App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Flow shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Flow App. To the extent Flow is required to provide indemnification by applicable law, Flow, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Flow App or your use of it infringes any third party intellectual property right.


10. Intellectual Property and Ownership


MSH Labs shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of MSH Labs.


MSH Labs reserves the right to grant licenses to use the Software to third parties.


11. Third Party Intellectual Property Claims

Flow shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Flow App. To the extent Flow is required to provide indemnification by applicable law, Flow, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Flow App or your use of it infringes any third party intellectual property right.


12. Termination


This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to MSH Labs.


It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.


13. Governing Law


This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United States.