Flowasis Terms of Service
Welcome to Flowasis. By accessing or using our website (“Website”), mobile application (“App”), and Discord server (“Discord”) owned and operated by Flowasis Technologies LLC, you agree to be bound by these Terms of Service (“Terms”). These Terms, together with our Privacy Policy and any other policies or rules made available on the Website, App or Discord, at any time, is a binding agreement between you (“User” or “you”) and us as modified or amended.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
You represent and warrant that you are legally entitled to enter into a binding agreement - in particular these Terms. Otherwise, we will be entitled by law to cancel any agreement entered into with you. You further represent and warrant that, if you represent a legal entity, you have the right, authority, and capacity to register on behalf of a legal entity, you also represent and warrant that you are authorized to enter into and bind the entity to these Terms.
You must be at least 13 years old (or meet your country’s minimum age requirement) to use Flowasis. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Parents and guardians are responsible for the actions of minors using their accounts.
3. Subscription and Refund Policy
Flowasis provides an options flow service that helps traders follow smart money by tracking all the trades in the market (“Services”). You can sign in on the App or the Website with Facebook, Apple, or Google or with a valid email.
Flowasis has a subscription-based access to its Services and offers two types of regular premium memberships to its Users as described/given on the Website, the App and/or Discord. The membership fees are different based on the status of the subscriber. If the subscriber is a professional trader (as described below), the fee will be higher.
Professional Trader Status
If a user satisfies any of the following conditions, then they will be considered a professional trader and the higher membership fee will apply:
•
You are either a “natural person” (an individual human being) or a “qualifying trust.” You are not a corporation, partnership, limited liability company, or other form of entity (including any form of trust that does not qualify as a qualifying trust).
•
If you are a natural person, you shall use the OPRA Data solely in connection with your personal investment activities and the personal investment activities of your immediate family members and qualifying trusts of which you are the trustee or custodian. If you are a qualifying trust, you shall use the OPRA Data solely in connection with your personal investment activities. In any case, you shall not use the OPRA Data in connection with any trade, business, professional or other commercial activities.
You are not a “Professional.” For a natural person who works in the United States, a “Professional” is a natural person who is: (i) registered or qualified with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange/association, or any commodities/futures contract market/association, (ii) engaged as an “investment adviser,” as that term is defined in the Investment Advisers Act of 1940 (whether or not registered or qualified under that Act); or (iii) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require you to be so registered or qualified if you were to perform such functions for an organization not so exempt. For a natural person who works outside of the United States, a “Professional” is a natural person who performs the same functions as someone who would be considered a “Professional” in the United States.
Professional Status Declaration
•
Users must complete the “Professional Status Declaration” form during sign-up for real-time data
•
Users must agree to the appropriate agreement based on their professional status
•
By submitting the form, users certify the accuracy of the information provided
•
Non-Professional and Professional Subscribers may agree to the Subscriber Agreement electronically
•
Professional status updates are timestamped and recorded for compliance purposes
•
Users may update their professional status through the app or website settings screen
By subscribing to any of the memberships, you agree to the following terms:
•
Subscription fees are charged in advance on a monthly or annual basis
•
Subscriptions automatically renew and you are automatically charged unless cancelled before the renewal date
•
We may change the subscription fees at any time at our sole discretion and you will be notified regarding this in advance
•
The subscription is handled through Google Pay on Android, Apple Pay on iOS and Stripe on the Website
•
Payment-related questions or concerns shall be addressed directly to the respective payment service providers
•
Refunds are generally not provided; however, we may consider them on a case-by-case basis at our sole discretion
•
No refunds are issued for partial months of service
•
Trial periods are offered for 14 days and will automatically convert to a paid subscription if not canceled before the trial ends
•
Trial periods may only be used once per user within a specified period, and subsequent trials may be denied
When creating and maintaining an account, you agree to:
•
Provide accurate and complete information
•
Maintain the security of your account credentials
•
Not share your account with others
•
Choose a username that does not impersonate others, contain offensive language, or violate trademark rights
•
Not sell or transfer your account without our written approval
•
Notify us immediately of any unauthorized use of the App, Website or Discord or any breach of these Terms or the Privacy Policy
We reserve the right to delete or reclaim usernames at our discretion, including those that are inactive, violate our policies, or infringe on third-party rights.
5. Permitted Use of the App, Website and Discord; License
During the term of your use of the App, Website, Discord and/or Services, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable license to access the App, Website, Discord and use the Services.
Except as otherwise explicitly provided in these Terms, or as may be expressly permitted by applicable law, the User will not, directly or indirectly:
•
Reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Services or its technological features or measures
•
Use the Services for any illegal purpose or in violation of any applicable laws and regulations
•
Circumvent or disable any security or technological features or measures of the Services
•
Use our intellectual property rights without express prior written authorization or in violation of these Terms
•
Use the Services with an intent to build a competitive product or service, or copy or substantially copy any ideas, features, functions, organization, structure, application program interface, graphics, or user interface of the Services
•
Copy, distribute, or resell any of the information, audio, visual, and audiovisual works, or other content made available on the Services (collectively, “Content”) or compile or collect any Content as part of a database or other work
•
Use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services
•
Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services or any Content
We are the sole owner and lawful licensee of all text, graphics, editorial content, data, formatting, graphs, designs, code, photographs, music, sounds, images, software, videos, designs, typefaces, intellectual property rights and other content (collectively “Intellectual Property”) available on the App. You acknowledge and agree that Intellectual Property is protected in all forms, media and technologies now known or hereinafter developed.
If you breach any of these terms and conditions or other rules given in these Terms, your right to use the Services will be suspended or terminated in accordance with these Terms. We may seek any other available remedy at law or in equity.
6. User-Generated Content
If you submit or post any content through the Services (such as forum posts, Discord messages, in-app messages, profile information, shared strategies, or other materials), you represent and warrant that you have the necessary rights to do so and that such content does not violate any applicable law or the rights of any third party.
By providing User-Generated Content, you grant Flowasis a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in connection with the Services.
We reserve the right, but are not obligated, to review, monitor, remove, or refuse to post any user-generated content at our sole discretion. This includes content shared through messaging and social features.
You may report content or users that violate these terms. We will review reports and take appropriate action, which may include content removal or account suspension.
7. Social Features & Messaging
Flowasis provides social features including direct messaging, group chats, friend connections, and user profiles (“Social Features”). By using these Social Features, you agree to the following:
•
You are solely responsible for all content you share through messaging and social features
•
You will not use messaging to harass, threaten, intimidate, or harm other users
•
You will not send spam, unsolicited promotions, or commercial content through messages
•
You will not share illegal content, malware, or links to malicious websites
•
You will not impersonate other users or Flowasis staff
•
You will not use automated systems or bots to send messages or friend requests
•
You will not share investment advice, stock tips, or trading signals through messages that could be construed as professional financial advice
•
You understand that messages may be stored on our servers and are not end-to-end encrypted
•
You acknowledge that we may review messages when investigating reports of abuse or violations
•
Your profile information (username, display name, avatar, bio) is visible to other users
•
Your online status and last seen time may be visible to your friends
We reserve the right to suspend or terminate access to Social Features for any user who violates these terms. Repeated violations may result in permanent account termination.
8. Message Retention & Privacy
Messages and content shared through Social Features are stored on our servers to provide the service. You acknowledge and agree that:
•
Messages are retained indefinitely unless you delete them or delete your account
•
Deleted messages may be retained in backups for a reasonable period
•
We may retain certain message metadata for security and abuse prevention purposes
•
We may use aggregated, anonymized messaging data for analytics and service improvement
•
We will not sell your messages or use them to train AI models without your consent
All information and content provided through the Services is for informational and educational purposes only and does not constitute investment, financial, or other professional advice. Flowasis is not a registered investment advisor or broker-dealer. You should consult with a qualified professional before making any investment decisions. Your use of the Services and any information therein is at your own risk.
We use commercially reasonable efforts to maintain our App, Website and Services on a twenty-four (24) hours a day, seven (7) days a week basis. However, our App, Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our App, Website and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.
In case you experience any bugs on the App or the Website and report those bugs to us, we will use our reasonable efforts to fix those bugs. However, we cannot guarantee prompt fixes. We will use our reasonable efforts to reply to your reports within 48 hours.
You agree to defend, indemnify, and hold harmless Flowasis, its affiliates, officers, employees, agents, and licensors from and against any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to your use or misuse of the Services, your violation of these Terms, or your violation of any third-party rights.
12. Data Usage & Scraping Restrictions
You are expressly prohibited from scraping, extracting, copying, or redistributing any data, content, or information from the Services without our prior written permission. You agree not to use any automated systems, bots, or software to access, query, or harvest information from the Services. Any unauthorized use of the Services or their data may result in immediate termination of your account and possible legal action.
13. Governing Law, Arbitration and Dispute Resolution
These Terms are governed by the laws of the State of California.
Any disputes arising out of or related to these Terms or the Services shall be resolved through final and binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in a mutually agreed location or, if not agreed, in California, and shall be conducted in English.
You agree to resolve any disputes on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. By using the Services, you acknowledge that you are waiving the right to a trial by jury or to participate in a class action.
Before initiating formal dispute resolution, you agree to contact us at support@flowasis.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.
14. Disclaimer of Warranties and Liability
All content, including software, products, services, information, text and related graphics contained within or available through the App or the Website are provided “AS IS” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the content or information on the App or the Website. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained on the App or the Website for any purpose.
To the maximum extent permitted by law, Flowasis shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
We are not responsible for the performance of Discord’s or any other third party’s own terms and conditions or the privacy policy.
Our total liability to you shall not exceed the amounts you have paid to us in the three months prior to the claim or $100 USD, whichever is greater.
The Services may include integrations with third-party applications, bots, or services. We are not responsible for third-party services and do not endorse or verify them. Your use of third-party services is subject to their respective terms and policies.
16. Discord Community Guidelines
When participating in our Discord community, you agree to:
•
Be respectful to other members
•
Not engage in harassment or hate speech
•
Not spam or promote unauthorized content
•
Follow all Discord’s Terms of Service
Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your personal information. By using our Services, you agree to our Privacy Policy.
We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
•
Your right to use the Services will immediately cease
•
We may delete your account and associated data
•
Provisions that by their nature should survive termination will remain in effect
We reserve the right to modify these Terms at any time. We will notify you of any material changes through the Services or via email. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
21. Independent Contractors
The relationship established by these Terms is that of independent contractors, and nothing contained in these Terms shall be construed to give either party the power to direct or control the day-to-day activities of the other, or to create or be deemed to create an employment relationship, joint venture, partnership, or other agency between the parties.
For any questions about these Terms, please contact us at support@flowasis.com.
*The term “qualifying trust” means (a) any irrevocable or revocable trust (1) which has only one trustee, who is a natural person and is not receiving any compensation for acting as trustee and (2) of which the only current beneficiaries are any one or more of the trustee and the immediate family members of the trustee, and (b) any custodial account established under a Uniform Transfers to Minors Act or similar state statute (1) which has only one custodian, who is a natural person and is not receiving any compensation for acting as custodian, and (2) of which the beneficiary is a lineal descendant (a child, grandchild, etc.) of the custodian. A “current beneficiary” is a beneficiary to whom the current income or principal of the trust may or must then be distributed, ignoring the possible exercise of any then unexercised power of appointment. The term “immediate family members” is defined in the footnote below.
**The term “immediate family members” means, with reference to a particular natural person, the spouse of that person, that person’s lineal ancestors (that is, parents, grandparents, etc.) and lineal descendants (that is, children, grandchildren, etc.), and the spouses (including surviving spouses) of that person’s lineal ancestors and lineal descendants. The term includes step and adoptive relationships.
