Terms of Service

1. Introduction and Acceptance

Welcome to FlowMedia Global. These Terms of Service ("Terms") govern your use of the FlowMedia Global website, services, applications, tools, and all related content (collectively, the "Services"). By accessing or using any part of our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific Services.

These Terms apply to all visitors, users, clients, and others who access or use the Services. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and your agreement to these Terms will be deemed to be the agreement of such entity.

2. Description of Services

FlowMedia Global provides comprehensive digital media and advertising solutions designed to help businesses connect with their target audiences and achieve their marketing objectives. Our Services encompass a broad range of offerings tailored to meet diverse client needs.

Core Service Offerings

• Media Strategy Development: Comprehensive planning and strategy formulation to maximize the effectiveness of your media campaigns across multiple channels and platforms.
• Traffic Optimization: Advanced targeting, bidding, and placement optimization to deliver quality traffic that meets your specific performance goals and KPIs.
• Campaign Management: End-to-end campaign execution including creative development, audience targeting, performance monitoring, and continuous optimization.
• Analytics and Reporting: Detailed performance analysis, custom reporting, and actionable insights to help you understand campaign effectiveness and ROI.
• Technology Solutions: Access to proprietary tools, platforms, and integrations designed to streamline campaign management and enhance performance.

3. Client Responsibilities

When using our Services, you agree to comply with all applicable laws, regulations, and these Terms. You are responsible for ensuring that all content, materials, and information you provide to us are accurate, lawful, and do not infringe on the rights of any third party.

Account Registration

To access certain Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Content and Materials

You retain all rights to the content and materials you provide to us for use in your campaigns. However, by providing such content, you grant us a limited license to use, reproduce, modify, distribute, and display the content as necessary to provide the Services. You represent and warrant that you have all necessary rights to grant this license.

4. Payment Terms

Payment terms, pricing, and billing procedures are established in individual service agreements or statements of work entered into between you and FlowMedia Global. The following general principles apply unless otherwise specified in your specific agreement.

Billing and Invoicing

You agree to pay all fees and charges associated with your use of Services in accordance with the payment terms specified in your service agreement. Unless otherwise stated, payment is due within thirty (30) days of the invoice date. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Taxes and Fees

You are responsible for all applicable taxes, duties, and other governmental fees related to your use of the Services. Where required by law, we will add applicable taxes to your invoices. You agree to indemnify and hold us harmless from any claims resulting from your failure to pay required taxes.

Price Changes

We reserve the right to change our pricing with thirty (30) days advance notice. Price changes will apply to new orders and, where permitted by law, to renewal terms of existing agreements.

5. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights, are owned by FlowMedia Global or our licensors. These Terms do not grant you any ownership rights in our intellectual property.

Our Intellectual Property

The FlowMedia Global name, logo, and all related trademarks, service marks, and graphics are the exclusive property of FlowMedia Global. You may not use these marks without our prior written consent. Any improvements, modifications, or derivative works created by us in the course of providing Services remain our exclusive property.

License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not include any right to sublicense, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed by the other party. Confidential information includes, but is not limited to, business plans, customer lists, pricing information, technical data, and any other information marked as confidential or that reasonably should be understood to be confidential.

Confidential information does not include information that: is or becomes publicly available through no fault of the receiving party; was known to the receiving party before disclosure; is independently developed without use of confidential information; or is rightfully obtained from third parties without restriction.

7. Limitation of Liability

To the maximum extent permitted by law, FlowMedia Global shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to these Terms or the use of Services, regardless of the theory of liability.

Our total cumulative liability for any claims arising from these Terms or the Services shall not exceed the amount of fees paid by you to FlowMedia Global during the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless FlowMedia Global, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your use of the Services, or your violation of any rights of a third party.

9. Term and Termination

These Terms remain in effect until terminated by either party. You may terminate these Terms by discontinuing your use of the Services and destroying all materials obtained from the Services. We may terminate these Terms immediately and without notice if we determine, in our sole discretion, that you have violated these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

10. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration.

Arbitration Agreement

You and FlowMedia Global agree to submit to binding arbitration administered by a recognized arbitration organization in accordance with its rules. The arbitration will take place in San Francisco, California, unless otherwise agreed. The arbitrator's decision may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You and FlowMedia Global agree that any arbitration or litigation will be conducted only on an individual basis and not in a class, consolidated, or representative action. This waiver is a material inducement for entering into this agreement.

11. General Provisions

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Entire Agreement: These Terms, together with any service agreements and the Privacy Policy, constitute the entire agreement between you and FlowMedia Global regarding your use of the Services.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliated entity or in connection with a merger, acquisition, or sale of assets.

Notices: All notices under these Terms must be in writing and delivered to the email address on file or to the address specified in your service agreement.