Thank you for using our products. Flow Municipal Service Provider, LLC (also referred to as “FlowMSP”, “us”, or “we”), provides this website (the “Site”), other websites, and applications available for download in the App Store and Google Play (collectively, the “Sites”) with application integration platforms, tools, software, mobile applications and related services (the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms” or the “Agreement”). Any reference to “you” or “your” shall include any individual, employee, corporation, municipality, fire department or any other entity using this Service or accessing the Sites. By using the Service or accessing the Sites, you agree to the Terms. If you do not agree, do not use the Service. We reserve the right to change the Terms from time to time. You acknowledge and agree that it is your responsibility to review the Terms periodically to learn of any modifications. Your continued access or use of the Services after such change constitutes your consent to be bound by the modified Terms.
Subject to your compliance with these Terms, FlowMSP grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Sites on your device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your noncommercial use. Any rights not expressly granted herein are reserved by FlowMSP and its licensors.
The Service may contain or be accompanied by software provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third-Party Terms”), and not any license contained in these Terms. Your use of the Third-Party Software in conjunction with the Service must be in a manner consistent with the Third-Party Terms.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that:
If you are using the Service on behalf of an entity, organization, or municipality, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
You understand that by using the Service, you are given access to certain information for your use solely as intended through the provided functionality of the Service and as permitted under these Terms. You are solely responsible for your own User Content and the consequences of posting your User Content on the Service, including your use of the Service that results in a violation of any individual’s or organization’s privacy rights.
You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Service without prior notice to you for violating any of the Terms or for any other reason whatsoever. Upon termination of your use of the Service, you continue to be bound by applicable provisions of this Agreement. You may terminate your account at any time by contacting FlowMSP. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
In order to use the Service, you must register for an account. You agree that the information you provide when registering is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us.
The Service is owned and operated by FlowMSP. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by FlowMSP are protected by intellectual property and other laws. Except as expressly authorized by FlowMSP, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in and to any data, information, or materials you convey to us related to the Service in connection with your use of the Service. You hereby assign to FlowMSP all right, title, and interest in such data, information, and materials.
Access to the Service requires you to purchase a subscription and to pay our automatically recurring monthly or annually access fees. Access to certain features of the Service may require you to pay additional fees. The Service is billed automatically in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
By using the Service, you grant FlowMSP a free and irrevocable, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, sell and distribute your User Content which includes, but is not limited, to all hydrant information, flow rates, main sizes, locations, latitude/longitude, and any other data or information you provide (collectively, “User Content”). You also agree that FlowMSP and Sites provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals that are gathered to facilitate software updates, product support, development, revision and any other services FlowMSP desires.
FlowMSP may provide tools through the Service that enable you to export information, including User Content, to third party services (such as Twitter). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize FlowMSP and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. FlowMSP may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FlowMSP with respect to User Content.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FLOWMSP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FLOWMSP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICE OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL FLOWMSP BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY DAMAGES, INCIDENTAL, PUNITIVE, PERSONAL INJURIES, WRONGFUL DEATH, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICE, EVEN IF FLOWMSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLOWMSP’S TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO FLOWMSP BY YOU UNDER THIS AGREEMENT IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold us, our affiliates, and our subsidiaries, harmless from and against any demands, loss, liability, claims or expenses (including attorneys’ fees) made against us due to or arising out of your use of the Service.
FlowMSP will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, national and global pandemics, or any other cause that is beyond FlowMSP’s reasonable control, including any failure of wireless cellular services provided by any third-party in connection with your use of the Service.
These Terms provide that all disputes between you and FlowMSP will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract. Your rights will be determined by a neutral arbitrator and not a judge or jury, in accordance with the American Arbitration Association and your claims cannot be brought as a class action. Unless the parties agree otherwise, all proceedings shall be held in an Illinois venue in the English language.