TERMS AND CONDITIONS OF USE

Last Updated March 1, 2016

These Terms and Conditions of Use (the "Terms") govern your rights and obligations regarding the use of WeFlow application (the "Application") and service (both collectively referred to as the "Service") in any format. These Terms constitute a fully binding agreement between FLUX Group, LLC (including its affiliates and subsidiaries, "WeFlow", the "Company", or "We") the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Service, you signify your assent to these Terms and our Privacy Policy, all of which are an integral part of these Terms. If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

General

Eligibility

The Service is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to children (persons under the age of thirteen (13)) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 13 years old and that you have the right, authority and capacity to enter into and abide by these Terms.

The Service

The Application is a planning tool that better anticipates, optimizes and distributes flows by gathering and analyzing future information provided by users. The Service is provided mainly through the Application.

The License

Subject to your compliance with the Terms, WeFlow hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal 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 personal, noncommercial use. Any rights not expressly granted herein are reserved by WeFlow and the Company's licensors.

Other than the license set forth in the immediately preceding paragraph, WeFlow does not grant you any right, title or interest in or to the Service in this Agreement, and any other use, including any commercial use, is strictly prohibited.

Using the Service

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of WeFlow. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Service's database. This clause does not limit the use of the database as intended by the Application and for the purposes of private and personal use of the Service.

When using the Service you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Service's database for any purpose without the express prior written permission of WeFlow.

The Application may not be used in any way that is not expressly permitted by these Terms.

Restricted Activities

With respect to your use of the Application and your participation in the Services, you agree that you will not: (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person; (iii) violate any law, statute, ordinance or regulation; (iv) interfere with or disrupt the Services or the servers or networks connected to the Application; (v) post information or interact on the Application or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; (vi) remove any copyright, trademark or other proprietary notices from any portion of the Services; (vii) use the Application in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Application; (x) "frame" or "mirror" any part of the Application, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (xi) reproduce, modify, adapt, translate, reverse engineer, prepare derivative works based upon, decipher, decompile, or otherwise disassemble any portion of the Application or any software used on or for the Application; (xii) rent, lease, lend, sell, redistribute, license or sublicense, transfer, publicly display, publicly perform, transmit, stream or broadcast the Application or Services, or access to any portion of the Application; (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents; (xiv) create liability for us or cause us to become subject to regulation as a transportation carrier; (xv) link directly or indirectly to any other web sites; (xvi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xvii) transfer or sell your user account, password and/or identification to any other party; or (xviii) cause any third party to engage in the restricted activities above.

We reserve the right, but we have no obligation, to suspend or deactivate your user account if you do not comply with these prohibitions.

Termination of Use

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise WeFlow of such termination. However, if you would also like for WeFlow to delete your account and your personal information contained in the account, please specifically inform us of that request at contact@appweflow.com. On receiving such a request, WeFlow will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.

WeFlow retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason WeFlow deems appropriate, at its sole and absolute discretion.

User Content

The Service allows all users of the Software to submit and post information and content to other users ("Content"). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, map and road updates, traffic congestion updates, road accidents, other "crowdedness information", etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

Further, to protect the integrity of the data and our Services, users are required to submit Content, in good faith, which reflects their intended journey. WeFlow requests that, to the greatest extent possible, users endeavor to update Content when circumstances are changed. WeFlow reserves the right to investigate the integrity of Content submitted through the Application and terminate users for any abusive practices.

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit WeFlow to publish the Content and exploit all intellectual property rights in and to the Content. WeFlow receives no ownership rights in and to the Content that you submit. However, by submitting Content to WeFlow, you hereby grant WeFlow and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to WeFlow in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at WeFlow's sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless WeFlow provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize WeFlow to be your agent).

WeFlow may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. WeFlow does not normally utilize its right to monitor Content and does so only in rare cases.

WeFlow retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. WeFlow does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of WeFlow. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)-WHILE DRIVING. YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.

Forbidden Content

It is forbidden to submit Content of a commercial nature (including advertising) unless such Content strictly complies with these Terms.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

WeFlow may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, WeFlow or any of its agents or affiliates. In such cases, WeFlow may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to WeFlow by any law.

Proprietary Rights and Licenses

All intellectual property rights in the Application shall be owned by WeFlow absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of WeFlow. WeFlow shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

WeFlow's logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of FLUX Group, LLC in the United States and/or other countries (collectively, the "WeFlow Marks"). The WeFlow Marks may not be used in any manner that is likely to cause confusion. You acknowledge that WeFlow is the owner and licensor of the WeFlow Marks, and that your use of the WeFlow Marks will confer no additional interest in or ownership of the WeFlow Marks in you but rather inures to the benefit of the Company. You agree to use the WeFlow Marks strictly in accordance with WeFlow's guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that the Company determines to nonconforming or otherwise unacceptable.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to WeFlow's business, operations and properties, including user information ("Confidential Information") disclosed to you by the Company for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to the Company with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of the Company; becomes known to you, without restriction, from a source other than the Company without breach of this Agreement by you and otherwise not in violation of the Company's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to the Company to enable the Company to seek a protective order or otherwise prevent or restrict such disclosure.   

Apple

Export Control

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Limitations of Liability 

WeFlow PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally, and without derogating from the above clause, WeFlow disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users' posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD AND OTHER PLACES. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

WeFlow exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to WeFlow's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in WeFlow or any of its providers.

WeFlow, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Third Party Content and Commercial Information

The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. ("Ads"). The Ads may pop up or be displayed on the Service maps from time to time. WeFlow may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, WeFlow cannot and does not guarantee the reliability or accuracy of third party Ads. WeFlow does not endorse the content of third party Ads. Additionally, and without derogating from the previous sentence, WeFlow will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

Advertising of commercial content on the Application does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by WeFlow, WeFlow will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. WeFlow will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

Indemnification

You will defend, indemnify, and hold WeFlow and its affiliates and each of its respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Application and participation in the Services, including: