Flume Insight Terms of Service
By accessing or using the applications and services owned or operated by Flume, Inc. (“Flume”), whether through the Flume software application (“App”) or the Flume website ("Services"), you are accepting and agreeing to be bound by the terms and conditions set forth below (these "Terms"). Flume may update these Terms from time to time, so please review them frequently. For Flume customers who accepted a version of this Agreement prior to any modification, the revisions will become effective 30 days after posting on flumewater.com. Your continued use of Flume Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. However, if you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the Flume Services. Flume Services continue to evolve, so Flume may change or discontinue all or any part of the Services, at any time and without notice, in Flume’s sole discretion.
1. LicenseSubject to your compliance with these Terms, Flume grants you a limited non-exclusive, non-transferable license to download and install a copy of the Flume App on a single device that you own or control and to run such copy of the App and use Flume Services solely for your own personal non-commercial purposes. Flume reserves all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
2. Downloading the Flume AppWhen you download the Flume App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
- These Terms are an agreement between you and Flume, and not between you and the App Store, and that Flume (not the App Store), is solely responsible for our App.
- The App Store has no obligation to furnish any maintenance and support services with respect to the Flume App or handle any warranty claims related to Flume products and/or Services.
- The App Store is not responsible for addressing any claims you may have relating to the Flume App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the Flume App fails to conform to any applicable legal or regulatory requirement.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of the Flume App through the App Store). You must also comply with the App Store's terms of service when using our App.
3. Creating an AccountIn order to use certain features of Flume Services, you must have an account with Flume. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of Flume Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your Flume account. You should notify Flume immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, Flume reserves the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
4. PaymentsFlume may allow you to purchase Flume hardware products ("Products") through the Flume Services. Flume may also require that you purchase a subscription to use certain features of the Services or get certain benefits (a “Flume Insight Membership”). By purchasing Products or a Flume Insight Membership (each, a “Transaction”), you expressly authorize Flume (or Flume’s authorized third-party payment processor)(“Payment Processer”) to charge you for such Transaction. Flume or the Payment Processor may ask you to provide additional information related to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide. You acknowledge and agree that Flume has no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorize Flume to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may be requested to provide additional information to verify your identity before completing your Transaction.
5. Flume Insight MembershipIf you purchase a Flume Insight Membership, you will be charged a subscription fee, plus any applicable taxes and other charges (a “Subscription Fee”), at the beginning of your Flume Insight Membership, and at the start of each billing period thereafter, at the then-current Subscription Fee. You may have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”). If you have a Monthly Subscription, Flume (or the Payment Processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the Payment Information you have provided until you cancel your Monthly Subscription. If you have an Annual Subscription, Flume (or the Payment Processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the Payment Information you have provided until you cancel your Annual Subscription. If you have an Annual Subscription, Flume will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. Flume reserve the right to change the Flume Subscription Fees for Monthly and Annual Subscriptions. Flume will provide you advance notice of any increase in the Subscription Fees applicable to your Flume Insight Membership.
6. Cancellation of a Flume Insight MembershipYour purchase of a Flume Insight Membership is final and you will not be able to cancel the purchase and/or receive a refund at any time. However, if something unexpected happens in the course of completing the Transaction for your purchase of a Flume Insight Membership, Flume reserves the right to cancel your Transaction for any reason; if Flume cancels your Transaction, Flume will refund any payment you have already remitted for such Transaction.Without limiting the foregoing, you may cancel your Flume Insight Membership at any time, but please note that such cancellation will be effective at the end of the then-current Monthly or Annual Subscription period. If you signed up on www.flumewater.com, you may cancel your Flume Insight Membership by logging into your account and selecting “Cancel Subscription.” If you signed up through the App, you may cancel your Flume Insight Membership via the applicable App Store where you downloaded the App. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your Flume Insight Membership will continue until the end of your then-current subscription period and will then terminate without further charges.
7. Free TrialsFlume may offer you a free trial period at the start of your Flume Insight Membership (a “Free Trial Period”). The Free Trial Period for your Flume Insight Membership will last for the period of time specified when you signed up. When you try the Flume Insight Membership through a Free Trial Period, you must create an account and provide your Payment Information. By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a Monthly or Annual Subscription, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorize Flume or its Payment Processer to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. Flume or its Payment Processer may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method (similar to the process used by gas stations and restaurants). If it is determined that your Payment Information or payment method is invalid, your Flume Insight Membership may be revoked and your Free Trial Period terminated. You may cancel your Flume Insight Membership, as described in these Terms, at any time before the end of the Free Trial Period. You will not be charged a Subscription Fee after you cancel your Flume Insight Membership, provided it is cancelled within the Free Trial Period.
9. Alerts and NotificationAs part of the Flume Services, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and you can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages, depending on the message plan you have with your wireless carrier.
10. Content You ProvideYou are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through Flume Services (your "Content"), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing Flume Services. You agree that Flume can also make your Content available to other users of Flume Services, who may view and/or use your Content, subject to these Terms.
11. EnforcementFlume has the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from Flume Services for any reason, including if Flume believes, in its sole judgment, your Content violates these Terms, or if Flume believes the Content threatens the safety of, or harms any other person, or creates liability for Flume or any other person. Flume reserves the right (but has no obligation) to investigate and take appropriate action, including removing your Content from Flume Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of Flume Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect Flume systems, service providers, partners, and other users, or to ensure the integrity and operation of Flume’s business and systems, Flume may access and disclose any information or content Flume considers necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
12.General ProhibitionsYou agree not to do any of the following:
- Use Flume Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use Flume Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Intercept or "sniff" the communication packets between the Flume hardware and mobile devices or attempt to reverse engineer the Flume RF Protocol.
- Access, tamper with, or use non-public areas of Flume Services, Flume's computer systems, or the technical delivery systems of Flume's third party providers;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing Flume Services;
- Attempt to access or search Flume Services or Content or download Content from Flume Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Flume or other generally available third party web browsers;
- Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.
13. Copyright PolicyIt is Flume’s policy to remove, or disable access to, material that infringes any copyright on Flume Services after receipt of notice by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through Flume Services in a way that constitutes copyright infringement, please provide Flume with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on Flume Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
14. Third Party LinksFlume Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under Flume’s control, and Flume is not responsible for their content, services, performance, operation, availability, business practices or policies. Flume may provide Third Party Links to you solely as a convenience but Flume does not endorse the third party or recommend their content or services. If you access any of these Third Party Links, you do so entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
15. OwnershipYou acknowledge that all intellectual property rights in Flume Products, the Flume App and Flume Services, including the underlying software and technology and the information and content available on Flume Services, are owned by Flume and Flume’s suppliers and licensors (including possibly other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to Flume regarding the Flume Products, the Flume App or Flume Services ("Feedback"), you hereby agree that Flume may use this Feedback for any purpose and without any obligation to you. By providing Flume with Feedback, you grant Flume a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
16. UpdatesFlume may allow or require you to download updates or patches onto your Flume Products or Flume App. Certain updates may be required to continue use of Flume Products and Flume Services. You consent to Flume automatically installing available updates to Flume Products and Flume Services. Failure to install available updates may render Flume Products and/or Flume Services no longer usable.
17. TerminationYou can terminate your account at any time by deactivating your account or by providing notice of termination to Flume. Flume reserves the right to terminate or suspend your account or your access to any or all portions of the Flume Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to Flume Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.
18. Flume Hardware Limited WarrantyFlume may offer a warranty for Flume Products. For information about the warranty that may apply to your Product, please visit www.flumewater.comTO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction and which are not varied by this clause to the extent to do so would breach such applicable law.
19. Disclaimer of Warranty for Flume App and Flume ServicesFlume will use reasonable efforts to correct any discovered defects in the Flume App or Flume Services. However, to the maximum extent permitted by applicable law, your access to and use of the Flume App and Flume Services is at your own risk. Flume is not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. The Flume App and Flume Services are provided on an "AS IS" and "AS AVAILABLE" basis and, to the maximum extent permitted by applicable law, Flume does not represent, warrant, or guarantee that the Flume App and/or Flume Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUME DISCLAIMS ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE FLUME APP AND THE FLUME SERVICES ARE DESIGNED SOLELY FOR YOUR USE AS A TOOL TO MONITOR AND TRACK YOUR WATER USAGE. THEY MAY BE USED TO INDICATE A WATER LEAK BUT ARE NOT DESIGNED TO POSITIVELY IDENTIFY A WATER LEAK. FLUME DISCLAIMS ANY LIABILITY RESULTING FROM ANY USE OF THE FLUME APP AND/OR FLUME SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED USE AND DESIGN. If applicable law requires any warranties with respect to the Flume App or Flume Services, all such warranties are limited in duration to the longer of thirty (30) days from the date of your first use or the minimum duration allowed by law.
20. Limitation of LiabilityEXCEPT TO THE EXTENT REQUIRED BY LAW, FLUME WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF FLUME PRODUCTS, THE FLUME APP, OR FLUME SERVICES, EVEN IF FLUME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLUME FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE FLUME PRODUCTS, FLUME APP OR FLUME SERVICES, IS LIMITED TO (A) THE AMOUNT YOU HAVE PAID TO FLUME FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO FLUME FOR YOUR FLUME INSIGHT MEMBERSHIP GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (C) FIFTY DOLLARS ($50) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLUME, WHICHEVER IS APPLICABLE.
21. ExclusionsSome jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.
22. General ProvisionsThese Terms constitute the entire agreement between you and Flume with respect to the subject matter and supersede any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Flume Services or Content will be the state and federal courts located in the Northern District of California and you and Flume each waive any objection to jurisdiction and venue in such courts. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
23.Third Party TrademarksApple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Flume, Inc. is under license. Flume is a registered trademark of Flume, Inc. All other trademarks and trade names are properties of their respective owners.
24.Dispute Resolution by Binding ArbitrationTHIS SECTION APPLIES TO ALL CONSUMERS WHO ACCEPT THE TERMS OF THIS AGREEMENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND FLUME EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.This Section offers a streamlined way to resolve disputes between you and Flume if they arise. Most of your concerns can be resolved quickly and satisfactorily by contacting Flume customer care at: firstname.lastname@example.org . If Flume cannot resolve your concern, you and Flume agree to be bound by the procedure in this Section to resolve such disputes. This Section is an agreement between you and Flume, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
A. Claims Covered by ArbitrationAll disputes, claims or controversies arising out of or relating to this Agreement, any Flume Product or Flume Service and its marketing, or the relationship between you and Flume ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, Flume’s or Flume’s licensors' trade secrets or copyright, trademark or patent rights; and (ii) brought in small claims court.
B. Informal NegotiationsYou and Flume shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Flume will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Flume Inc, 75 Higuera Street, Suite 120, San Luis Obispo CA 93401 Attn: Legal Department.
C. Binding ArbitrationIf you and Flume cannot resolve a Dispute informally, you or Flume may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send Flume a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, Flume will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Flume may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. LimitationsYOU AND FLUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
E. LocationIf you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Luis Obispo, State of California, United States of America, and you and Flume agree to submit to the personal jurisdiction of that court, to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
F. RecoveryIf the arbitrator rules in your favor on the merits of any claim you bring against Flume and issues you an award that is greater in monetary value than Flume's last written settlement offer made before Flume makes its final written submissions to the arbitrator, then Flume will:
- Pay you 100% of your arbitration award; and
- Reimburse any arbitration fees that you paid to the AAA.