This Flowd Services Agreement (this "Agreement") is a legally binding agreement between the individual or entity accepting this Agreement ("you") and Fairlabs Co., Ltd. ("Fairlabs," "we," "us," or "our"), the legal entity that owns and operates the Flowd service ("Flowd" or the "Service"). By clicking "I Accept," "I Agree," checking a box, or otherwise accessing or using the Service, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any provisions of this Agreement, you may not access or use the Service.

BY AGREEING TO THIS AGREEMENT, EXCEPT FOR (A) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13, (B) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13, OR (C) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND FLOWD WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

When you access or use the Services, you (i) confirm that you are 18 years of age or older or of legal age in your jurisdiction to enter into a binding agreement, (ii) agree to be legally bound by this Agreement, and (iii) represent that any person or entity on whose behalf you use the Services also agrees to be bound by this Agreement.

Flowd may update this Agreement at any time by providing notice, such as posting an updated Agreement or sending an email. Continued use of the Services after such notice constitutes your acceptance of the updated Agreement. If you do not agree to the updated terms, you must immediately stop using the Services.

1. Defined Terms

• "AI Tools": Artificial intelligence models, technologies, or software integrated into the Services.

• "Customer Data": Data or content provided by you or your users in connection with the use of the Services.

• "Output": Content, summaries, analytics, or other results generated from Customer Data.

• "Services": The Flowd platform, including web and API tools for data collection, analysis, and visualization.

• "Support Services": Assistance provided by Flowd in connection with the Services.

2. The Services

• Subject to your compliance with this Agreement:

  • Flowd grants you access to the Services.

  • Flowd may modify or update the Services at any time and may require you to update your usage to integrate with any modifications.

3. User Responsibilities

• Accounts:

  • Each user must create and maintain a secure account.

  • Sharing account credentials or API keys is prohibited.

  • You are responsible for all activities under your account.

• General Use Restrictions:

  • You may not:

    • Use the Services for illegal purposes.

    • Reverse-engineer, copy, or resell the Services.

    • Overload or disrupt the Services, including excessive API requests.

    • Access the Services to build a competing product.

• Your Applications and Data:

  • You are responsible for:

    • Monitoring your applications for compliance with this Agreement and applicable laws.

    • Ensuring the accuracy, legality, and reliability of your Customer Data.

4. Fees and Payments

• Payment Obligations: You agree to pay all fees as outlined during your purchase or subscription process.

• Payment Methods: Payments must be made via approved methods such as credit cards, bank transfers, or other specified methods.

• Refunds: Fees are non-refundable unless explicitly stated.

5. Intellectual Property

• Flowd retains all ownership rights to the Services, including modifications or updates.

• You may not claim ownership of any part of the Services, including Outputs.

6. Data Use and Ownership

• Ownership: You retain ownership of your Customer Data.

• License: By using the Services, you grant Flowd the right to process and analyze your Customer Data for the purposes of delivering and improving the Services.

7. Confidentiality

• You must not disclose Flowd's proprietary or confidential information without prior consent.

8. Disclaimer of Warranties

• The Services are provided "as is" without warranties of any kind. Flowd does not guarantee accuracy, reliability, or error-free operation.

9. Limitation of Liability

• Flowd's liability will not exceed the fees you paid for the Services in the three months preceding the event giving rise to the claim.

10. Indemnification

• You agree to indemnify Flowd against any claims arising from your use of the Services, Customer Data, or violation of this Agreement.

11. Arbitration

• All disputes will be resolved via binding arbitration, except for specific cases involving intellectual property or where prohibited by law.

12. Term and Termination

• This Agreement remains effective until terminated by either party. Termination ends your right to access the Services.

13. Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law provisions.

• Any disputes arising out of or in connection with this Agreement shall be resolved exclusively by the courts of Seoul, South Korea

14. Contact

• For questions about this Agreement, contact us at team@fairlabs.io.

Effective Date: 2024.12.03