Terms of Use - Freeflow Living

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FreeflowLiving.com is created and owned by BuildMeTech LLC. These terms govern the use of this website, FreeflowLiving.com.

By accessing or using the services provided by BuildMeTech and its affiliates (collectively, “Services”), you agree to be legally bound by and comply with the following terms, as well as any referenced policies, guidelines or agreements (including without limitation our Privacy Policy), any documentation relating to your use of the Services, and any additional requirements applicable to particular Services (collectively the “Terms”). These Terms are entered into with BuildMeTech LLC (“BuildMeTech”, “we”, “our” or “us”). You understand that BuildMeTech may change these Terms or suspend or terminate your use of the Services at any time. We will post notice of changes to the Terms on our website. Your continued use of the Services after any changes to these Terms means you agree to the changes.

1. Registering and Accessing the Services

(a) Accepting the Terms. You may not use the Services and may not accept these Terms if (i) you are not of legal age to form a binding contract with BuildMeTech, or (ii) you are a person barred from using or receiving the Services under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Services.

(b) Authority. If you are using our Services on behalf of a person, company or entity, then you are agreeing to these Terms for that person, company or entity (in which case, the terms “you” and “your” in these Terms refer to that person, company or entity except for this Section 1(b)), and you represent and warrant that you have full legal authority to accept these Terms on behalf of that person, company or entity.

(c) Registration Information. Any registration information that you give to BuildMeTech must be accurate and up to date and you will promptly inform us of any changes. You agree that we can use, store, and internally share your registration information to contact you for purposes under these Terms (for example, to notify you of any updates).

2. Using the Services

(a) Ownership. We and our affiliates own all rights, title, and interest in and to the Services, Content, and all associated elements, components, and executables. All rights not expressly granted in these Terms are withheld.

(b) Copyright. BuildMeTech will not assert copyright over Content generated by the Services for you.

(c) Feedback. If you provide us feedback about the Services or Content or any of our technology, data, business or systems, you hereby grant to BuildMeTech and its affiliates an unlimited, worldwide, royalty-free, perpetual, sublicensable (including through multiple tiers), and irrevocable right and license to use, share, commercialize, and otherwise exploit your feedback in any manner and for any purpose without any obligation to you. You will not give feedback that requires BuildMeTech or its affiliates to license its software or documentation to third parties because of including your feedback in them.

(d) Support. We may provide you with technical support and guidance for using the Services and we may stop providing such support to you at any time without obligation to you.

(e) Children. BuildMeTech does not knowingly collect, either online or offline, personal information from persons under the age of 13. In order to use or access the Services, you must be at least 18 years old.

(f) Third Party Products. Third party software, services, or other products (“Third Party Products”) you may use in connection with your use of the Services are governed by the terms and conditions that accompany such Third Party Products. We are not responsible for any Third Party Products or your use of any Third Party Products.

(h) Preview Services, Betas. You may be offered access to certain aspects or features of the public/private beta basis (“Preview Services”). Preview Services are offered for the purposes of testing, evaluating, and improving such service, may have reduced or different privacy, security, or compliance commitments, and may not become generally available or be error free. Content in Preview Services may not be secured and may be lost or damaged, and Output generated by Preview Services may also be subject to third party licenses, including, without limitation, open source licenses.

3. Usage Requirements

In using our Services, you (and anyone acting on your behalf) must adhere to the following:

(a) You will use the Services and the Content only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Terms, and the license granted in Section 2(a); and (iii) in a manner that does not infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity (for clarity, “manner” includes without limitation the method, purpose and/or means of causing or attempting to cause the Services to generate Content)

(b) You will not: (i) distribute, sell, lend, transfer, or grant any rights in or to all or any portion of the Services or Content to any third party (ii) create any software that functions substantially the same as the Services and offer it to third parties; (iii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the Services ; (iv) modify, alter, tamper with, repair or otherwise create derivative works of the Services or Content or attempt to do so; (v) interfere or attempt to interfere in any manner with the functionality or proper working of the Services; or (vi) use the Services to develop competing products or services.

(d) You will not use the Services to discover any underlying components of our models, algorithms, and systems, such as exfiltrating the weights of our models by cloning via logits.

(e) You may not use web scraping, web harvesting, or web data extraction methods to extract data from the Services, the Content, or BuildMeTech’s or its affiliates’ software, models or systems.

(f) You will not remove, obscure, or alter any notice, including any notice of intellectual property right, appearing on or contained within the Services or Content.

(h) You will not use the Services or Content or allow any user to use the Application in a way that violates applicable law, including:

Illegal activities, such as child pornography, gambling, cybercrime, piracy, violating copyright, trademark or other intellectual property laws;
Accessing or authorizing anyone to access the Services from an embargoed country, region, or territory as prohibited by the U.S. government;
Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason.

4. Privacy and Data Protection

Submission of Content. BuildMeTech does not acquire any ownership of any intellectual property rights in the content that you submit to our Services through your Application, except as expressly provided in these Terms. For the sole purpose of enabling BuildMeTech and its affiliates to provide, secure, and improve the Services (and related software, models, and algorithms), you give BuildMeTech and its affiliates a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, modify, communicate and publish all content submitted, posted or displayed to or from the Services. When permissible under applicable Privacy Laws, the foregoing license survives consumer requests for deletion of personal data or Personal Information for the sole purpose of enabling BuildMeTech and its affiliates to provide, secure, and improve the Services.

5. Modifications

You understand that we may change our rules and procedures relating to the use of the Services at any time. We may also change or amend these Terms at any time in our sole discretion. We will post notice of changes within the documentation of each applicable API and/or to our website. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted, except for changes addressing new Services functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services and Content after any change or amendment means you agree to such changes or amendments. If you do not agree to such changes or amendments, you must stop using the Services and Content immediately and terminate these Terms.

6. Term and Termination

(a) Term. These Terms will take effect when you first use the Services and will remain in effect until terminated according to these Terms (the “Duration”).

(b) Our Right to Terminate; Suspension. We have the right to terminate these Terms, and suspend or revoke your access to all or any of the Services and Content, at any time for any reason. When you receive notice from us, you will immediately stop using all Services and Content.

(d) Your Obligation Post-Termination. Upon termination, all licenses granted within these Terms immediately and automatically expire and you must immediately cease using the Services and Content.

(e) Survival. The provisions of these Terms which, by their nature, should survive termination or expiration of these Terms, including but not limited to Section 2(b) – 2(h); Section 4 (Privacy and Data Protection); Section 7 (Indemnification; Disclaimer of Warranties; Limitation of Liability), Section 8 (Fees and Payments), and Section 9 (General Terms), shall survive and remain in effect after the expiration or termination of these Terms, and apply to respective permitted successors and permitted assigns.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity. You agree to defend, indemnify, and hold harmless us, our affiliates, and each of our employees, officers, directors, agents and representatives, from and against all claims, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys’ fees) arising from or relating to: (i) your breach of these Terms; (ii) your use of the Services and Content (iii) your actual or alleged infringement, misappropriation or violation of BuildMeTech, its affiliate’s or any third party’s intellectual property or proprietary rights.

(b) Disclaimer. THE SERVICES ARE LICENSED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. BUILDMETECH AND ITS AFFILIATES MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BUILDMETECH AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE OR SUCCEED IN RESOLVING ANY PROBLEM. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. YOU HAVE NO WARRANTY OR GUARANTEE UNDER THESE TERMS THAT THE OPERABILITY OF ANY OF YOUR APPLICATIONS RUNNING WITH THE SERVICES WILL BE MAINTAINED WITH ANY SUBSEQUENT OR GENERALLY AVAILABLE VERSIONS OF THE SERVICES OR THAT ANY VERSION OF THE SERVICES WILL EVER BE MADE AVAILABLE OR MARKETED. WE MAY DISCONTINUE PROVIDING THE API’s OR ACCESS TO OUR SYSTEM OR MAY CHANGE THE NATURE FEATURES, FUNCTIONS, SCOPE OR OPERATION THEREOF, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE OR FREE OF HARMFUL COMPONENTS.

(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THESE TERMS. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO $100.

8. Fees and Payments

a) Purchase. We reserve the right to correct any errors or mistakes that we identify even if we have already issued an invoice or received payment.

We reserve the right to change the pricing at any time.

b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, levies, imposts, withholdings, and other similar assessments or any interest and penalties there on (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income. When required to do so, we will invoice you for such Taxes by adding the requisite amount to your Fees. You agree to timely pay such Taxes and promptly provide us with an original receipt showing the payment, together with such additional documentary evidence as we may from time to time reasonably require. You hereby confirm that BuildMeTech can rely on the name and address set forth in your account registration as being the place of supply for tax purposes. You agree to be responsible for keeping this information accurate and up-to-date in your Account Settings.

c) Billing Information. You must provide your contact information, including bill-to address and email address, if applicable, as well as information for a valid payment method that you are authorized to use. It is your responsibility to provide complete and accurate billing information.

d) Payments. BuildMeTech will charge your credit card or digital payment method when you buy tokens, but may change the date on which the charge is posted at any time. All Fees are payable in U.S. dollars and are due upon invoice issuance. All payment obligations are non-cancelable and all amounts paid are nonrefundable except as provided in this Agreement.

e) Payment Authorization. By providing us with credit card information or information for any supported digital payment method, you authorize BuildMeTech and its affiliates to store this information and to charge the credit card or digital payment method you have provided for the Payments until your account is terminated. In addition, you authorize us to use a third-party payment processor in processing payments.

9. General Terms

(a) Use of Brands. You will not use BuildMeTech or any of its affiliates’ names, logos, or trademarks, without our prior written consent.

(b) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

(c) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.

(d) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to BuildMeTech and its affiliates. Accordingly, you agree that, if you violate or breach these Terms, BuildMeTech shall have the right to seek injunctive relief against you in addition to any other legal remedies that BuildMeTech may have.

(e) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and BuildMeTech regarding the use of the Services and supersedes any prior or contemporaneous agreements, communications, or understandings between you and BuildMeTech on that subject.

(f) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of Pakistan. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Pakistan and you and BuildMeTech each consents to personal jurisdiction in those courts.

(g) Notices. All notices will be in writing and will reference these Terms. We may notify you using the registration information you provided or the email address associated with your Application. Service will be deemed given on the date of receipt if delivered by email. BuildMeTech accepts service of process at this address:

BuildMeTech
[email protected]

(h) Waiver and Severability. If you do not comply with these Terms, and BuildMeTech does not take action right away, this does not mean the BuildMeTech is giving up any rights it may have (such as taking action in the future). If a particular term in these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

(i) Dispute Resolution. In the event of a dispute, claim, or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), each party’s senior representatives will engage in good faith negotiations with the other party’s senior representatives to amicably resolve a Dispute.

(j) Class Waiver. Each party agrees that any Disputes between them must be brought against each other on an individual basis only. That means neither party can bring a Dispute as a plaintiff or class member in a class action, consolidated action, or representative action, in court, an arbitration proceeding or otherwise. In an arbitration proceeding, an arbitrator cannot combine more than one person’s or entity’s Disputes into a single case and cannot preside over any consolidated class or representative proceeding, and each party agrees the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought a Dispute and cannot impact or otherwise be used to decide Disputes with other people or entities, including other BuildMeTech customers or users.