Terms of Service

The following terms and conditions govern your Account and use of Services with Superflow. Please review these terms of service (“terms”) carefully.  By agreeing to these terms, you expressly acknowledge that you have read and understood all of these terms and have taken time to consider the consequences of this important decision.

 These Terms constitute a legally binding agreement between you and SuperflowInc., a Delaware corporation, and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Superflow,” “we,” “us,” or“our”) governing your use of Superflow’s website and service, or services directly related to Superflow’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered, or live events (as defined in Section VI below) sponsored or facilitated by Superflow(collectively, the “Service” or “Services”).

By signing up for or using any of the services offered by Superflow or by using the Superflow website or platform (our “Services”), you are agreeing to be bound by the following terms and conditions, together with Superflow’s PrivacyPolicy, Cookies Policy and, if applicable, Data ProcessingAddendum (“DPA”), incorporated herein by reference (collectively, the “Terms ofService”).  If you do not agree to all of the terms of the Terms ofService, you must not subscribe for or use the Services or create an Account with Superflow.  If the individual agreeing to these Terms of Service is doing so on behalf of a company or other legal entity, that individual represents that they have the authority to bind such company or other legal entity to the Terms of Service. If the individual agreeing to these Terms ofService is doing so, as parent or legal guardian, on behalf of a user that has not reached the age of majority in the jurisdiction where that user resides or uses the Services (and is not below the age of 16), that individual acknowledges and agrees that they are responsible for use of the Services by, and the activities of, that user. 

Any new features or tools which are added to the current Services will also be subject to the Terms of Service. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services or between these Terms and any Individual Agreements, the latter terms and conditions shall control unless they expressly state otherwise.

You can use these Services, at different times, as either a User or a Creator or both. When these Terms refer to “Creators,” they specifically refer to those who use the Service to consult, coach, teach, advise, and/or mentor; create Flows, classes or similar content; or provide other similar services; and who have the opportunity to earn payments from Superflow or a Superflow partner for such activity. When these Terms refer to “Users“ they refer to those who use the Service for any other purpose, including when you browse the Service or do the activities of a Flow posted by Creators. Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to both Users and Creators, as applicable.

If you are a Creator, your access to and use of the Service are additionally subject to the Creator Rules and Requirements. In these Terms, the words “including” and “include”mean “including, but not limited to.”

We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, yo uare agreeing to such modifications.

You can review the current version of the Terms of Service at any time here. Superflow reserves the right to update and change the Terms of Service at any time by posting updates and changes to the Superflow website. We recommend that you check theTerms of Service from time to time for any updates or changes that may impact you.  If you continue to use the Services following any such update or change to the Terms of Service, you will be deemed to have accepted those updates or changes.  If you do not agree to the updates or changes, you must stop using the Services and your Account.

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event,“you” and “your” will refer and apply to that company or other legal entity.

I.          Account Terms

Users and Creators must beat least 18 years of age to create an account on Superflow and use theServices. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. or 16 inIreland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you do theFlow activities or participate in classes or other content that is appropriate for you.

Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

o      You must provide us with an email address you control and any other information needed in order to create aSuperflow account.

o      You must keep all of your information up to date.

o      You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.

o      Your account must be used by you alone. You may not share your account, your login information, access to your Superflow membership, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your Superflow membership with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing class material on behalf of multiple Creators, with the permission of each of those Creators.

o      You are responsible formaintaining the security of your account and password. We view any actionstaken by your account as taken by you. Superflow will not be liable for anyloss or damage from your failure to comply with this security obligation.

o      Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.

o      Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties.

o      You will use any data associated with the Service in accordance with our Privacy Policy.

o     By enrolling in a Flow, other content on Superflow, or an Event, you grant us permission to share your information, including personal data (as further specified in our Privacy Policy), with the Creator offering the content or Event.

o      You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.

o     You can terminate your account at any time by following the steps here. Review our Privacy Policy to see what happens when you terminate your account.

o      We may terminate your account and delete any content contained in it if there is no account activity(such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.

We reserve the right to delete or suspend your account: (1) if you violate our Terms, Creator Rules and Regulations, or our Community Guidelines; or (2) if you are inactive for an extended period of time. We further reserve the right to modify, suspend, or terminate operation of or access to the Service, or any portion of the Service at anytime.

II.        Subscriptions, Payments, and Cancellation

  A.      Subscriptions and Payments

   §  Unless you enrolled on a free plan or use Superflow as a guest, your Superflow Creator Pro or Enterprise Plus subscription will continue and automatically renew on a monthly or on an annual basis depending on your choice unless and until you change to free plan, cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. When your subscription renews each month or each year, we will automatically charge your payment method on file for the subscription fee, as well as any applicable tax, on the calendar day corresponding to the commencement of your paying membership. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method has not successfully settled.

   §  If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

   §  Superflow collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge afee to process payments and Superflow is not responsible for any fees charged by them. Superflow disclaims all liability with regard to any fees or problems you have with third-party payment processors.

  §  If you enroll in a Superflow subscription via a Free plan, a gift card or scholarship, you will not be required to provide a payment method at the time of use or enrollment. In case you sign up to use Superflow via a gift card or scholarship, your subscription will end automatically at the conclusion of the subscription period provided by your gift card or scholarship. If you wish to continue your subscription beyond an expired period, you will need to downgrade to a Free plan, or enroll in an automatically renewing subscription and provide a method of payment.

  §  Superflow reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase any additional products or services offered by Superflow or by any Creators, you may be charged additional amounts for such products or services.

  §  Superflow also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription or downgrade it to a Free plan before the change takes effect.

  §  Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring content or providing theServices, changes to market conditions or the consumer price index, or changes to applicable tax rates.

  §  You may be offered the opportunity to participate in additional programs, such as a User referral program. If you choose to participate in any such program, you will be subject to the terms of those programs, if any.

   B.       Free Trials and Other Promotions or Sales 

We or the Creators on our behalf may offer trials of paid subscriptions to our Superflow membership for a specified period without payment or at a reduced rate (a “Trial”).  For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring monthly or annual basis depending on your choice, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through your payment settings within your Superflow account profile located at https//www.superflow.team/settings/payments.

We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower.The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Unless explicitly designated otherwise, promotional or sale prices are limited to one year of subscription. At the end of that year, your subscription will automatically renew at the then-applicable full annual price, unless you cancel prior to renewal by changing your settings on your account profile.

   C.       Refunds

Please consult our Refund Policy to learn more about whether you might been titled to a refund for your purchase.

We will do our best to consider or grant refund requests, including (i) for subscription plans purchased with a7-day or longer free trial; or (ii) that otherwise do not follow our Refund Policy. To the extent permissible under applicable law, you are entitled to one refund only. Once a refund for a subscription is confirmed, you will be automatically downgraded to a Superflow Free plan membership.

We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms or our Community Guidelines (as determined in our sole discretion), including users who have been deactivated for the same.

   D.       Cancellations

You may cancel your Superflow membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method except in exceptional situations determined on a case by case basis. To cancel your recurring subscription, please visit your payment settings within yourSuperflow account profile located at https//www.superflow.team/settings/payments. If you cancel your Superflow membership, you will lose access to all classes you enrolled in that requires payment at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple iTunes orGooglePlay), you may have to cancel through that third party. 

III.      Prohibited Uses

To use the Service, you must agree to comply with the following:

      B.       You will not upload, share, post, transmit, distribute, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.

       C.       You will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

      D.       You will not upload, share, post, transmit, distribute, or otherwise make available or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.

      E.       You will not partake in any behavior nor upload, share, post, transmit, distribute, or otherwise make available any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

       F.       You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.

      G.       You will not stalk, harass, or harm another person via use of the Services, including Superflow personnel.

      H.       You will not harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent.

       I.      You will not interfere with any Superflow content orUser Content (as defined below).

       J.      You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Superflow content, or any works other than your own.

      K.       You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to theService in a manner not authorized by Superflow in writing.

       L.       You will not distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

     M.       You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Superflow in writing.

      N.       You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.

      O.       You may not frame, mirror, or otherwise simulate the appearance or function of the Services, Superflow content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Superflow content transmitted through the Services.

      P.       You may not decompile, disassemble, or otherwise reverse engineer the Services, Superflow content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

IV.       Our Materials and License to You

All right, title, and interest in and to the Superflow Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service (but excluding content provided byCreators and Users) are and will remain the exclusive property of Superflow and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Superflow HQ name or any of the Superflow HQ trademarks, logos, domain names, and other distinctive brand features.

Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, noncommercial, and educational use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Governing Documents, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited.Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Content (as defined below),and/or any third-party proprietary content on the Services without the express written permission of Superflow or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Superflow.

V.       Intellectual Property and User Content

We do not claim any intellectual property rights over the material you provide to the Superflow Services including all User Content.All material you upload remains yours. You can remove your Superflow workspace at any time by deleting your workspace. We will delete your User Content in accordance with our Privacy Policy.

You retain ownership over all User Content that you create or submit to Superflow, and you must ensure that your Content complies with any applicable laws or regulations.

These Terms define “User Content”as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital goods, or other content that a user (including both Users and Creators) posts, submits, transmits, uploads, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any User Content, necessary for you to display, promote, and otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.

Except as specified otherwise herein and in the Creator Rules and Requirements, no User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to created erivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be customized or downloaded from the Service, in which case you are authorized to customize a new version or download a single copy of such content. For example, certain Flow materials may be made available as unprotected PDF files that can be downloaded by Users and/or other users of theService. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, if not specifically allowed for customization by the Creator, for any other purpose, including any commercial purpose, is a violation of the rights of Superflow or its users or licensors, unless you have obtained express written authorization to the contrary.

We neither endorse nor assume any liability for any User Content posted to the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the UserContent. If you access User Content, you rely on any information provided in that User Content at your own risk.

However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delayin removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any UserContent, whether it is your own or another user’s. If you believe that UserContent on the Superflow platform violates a patent, trademark, trade secret, right of publicity, or other right of any party, you can contact Superflow at support@superflow.team.

Any feedback, comments, or suggestions you may provide regarding Superflow or the Service is entirely voluntary and you authorize Superflow to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit, without any obligation to you.You agree that you shall have no recourse against Superflow for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Superflow.

For specific information on copyright and other intellectual property policies related to Creators and Flow content, please see our Creator Rules and Requirements

By submitting or posting User Content on or through the Service, you may opt-in to grant us a worldwide, non-exclusive license with the right to sublicense to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your User Content (including your name and image) in any form, medium, or technology, including all media or distribution methods, now known or later developed for any lawful purpose. If you grant Superflow a world-wide, non-exclusive license, this includes making your User Content available to other companies, organizations, or individuals who partner with Superflow for the syndication, broadcast, distribution, or publication of content on other media, as well as using your User Content for marketing purposes. In the case of a worldwide non-exclusive license, you also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law in order to showcase it to other users and companies. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any User Content that you submit. In case you grant us a worldwide non-exclusive license, you also acknowledge and agree that the foregoing license rights are granted on a royalty basis with compensation paid to you as defined in our Creator Rules and Requirements. If you decide not to grantSuperflow a worldwide, non-exclusive license with the right to sublicense yourUser Content determined by each new Flow or class you create, these Flow content remain private to you, and the users and creators you grant access to, therefore it is publicly not available by search on the Superflow Marketplace nor to other companies you have not granted access to your content, and therefore no royalty-based compensation is to be paid to you.

User Content submitted by Users for inclusion on the Service (including any information submitted on message boards, forums, or other public areas of the Service) is also referred to in these Terms as “User Content.” All User Content is subject to these Terms. Superflow does not guarantee any confidentiality with respect toUser Content, regardless of whether or not it is published by a Creator or aUser. You are solely responsible for your own User Content and the consequences of posting or publishing it.

We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services.“Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or (e)that you have given your consent or instructed us to disclose.

If you remove Content, delete your Account orWorkspace or if these Terms of Service are terminated, we will be permitted to use and retain a copy, including archives, of your Content, ConfidentialInformation or any information that is related to your Account (includingContent and personal information) for business purposes related to these Terms of Service and to the extent necessary to meet our legal and compliance obligations (including audit and anti-fraud purposes).

Superflow will own and retain all right, title and interest in: (a) all technology, software, algorithms, user interfaces, trade secrets, techniques, designs, inventions and other tangible and intangible information relating to the Services, any related services provided by Superflow and associated deliverables, and all improvements, enhancements or modifications thereto; (b) any anonymized usage data (including metadata)arising or derived from or based on the provision, use and performance of various aspects of the Services (other than your Content as provided), provided that such data does not identify you or any individual; and (c) all intellectual property rights related to any of the foregoing. No rights or licenses are granted by Superflow except as expressly set out in these Terms of Service, and all such rights are expressly reserved to Superflow.


VI.       If You See Something That Infringes Your Copyright

In accordance with the DigitalMillennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting CopyrightInfringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Superflow’s DesignatedAgent to Receive Notification of Claimed Infringement (our “Designated Agent,”whose contact details are listed below):

     Q. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

     R. Identification of works or materials being infringed;

      S. Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Superflow is capable of finding and verifying its existence;

     T. Contact information about the notifier, including address, telephone number, and, if available, email address;

     U. A statement that the notifier has a good faith belief that the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and

     V. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide InfringementNotification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

   W.Remove or disable access to the infringing material;

    X.Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

  Y.Terminate such content provider's access to theService if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information:

      Z.A physical or electronic signature of the content provider;

  AA. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  BB. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  CC. The content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Superflow is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Superflow may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person thatSuperflow may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.

Please contact Superflow's Support team at support@superflow.team. Alternatively, you may send a complete notice of copy infringement to the following address:

Superflow, Inc. 16192 Coastal Highway,Lewes, Delaware, 19958, County of Sussex

VII.       Dispute Resolution

Superflow is committed to participating in a consumer-friendly dispute resolution process because good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. To that end, these Terms provide fora two-part process for individuals who seek to raise a dispute with Superflow:(1) an informal negotiation directly with Superflow’s customer service team(described in the Arbitration Agreement below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Superflow each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

VIII.       Disclaimer of Warranties

The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a)the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any class or Event that you attend via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.

The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

In the event that any content available on the Service is also available through any third-party platform, or if Superflow provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that Superflow makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Superflow, andSuperflow provides and/or permits these links only as a convenience to you.

Superflow-affiliated content available through the Service or a third-party platform or presented at any class or Event represents the opinions and judgments of an information provider, user, User, Creator, or other person or entity not connected with us.We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Creator(s),other than an authorized Superflow spokesperson speaking in his/her official capacity.

Superflow does not (i) directly or indirectly practice medicine, law, or financial planning, (ii) dispense medical, legal, or financial services, (iii) provide medical, legal, or financial advice, or (iv) otherwise convey medical, legal, or financial opinions. You agree and understand that Superflow assumes no liability for the accuracy or completeness of any content offered on the Service.

To the extent Superflow provides any information regarding health, wellness, or physical exercise through theService, we do so only in a general way. You acknowledge and agree that theService is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Superflow will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

 IX.      Limitation of Liability

In no event shall Superflow or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Superflow Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Service, any Event, or any web site or third-party platform referenced or linked to from the Service or that otherwise displays Superflow-affiliated content.

Further, neither we, nor any otherSuperflow party, shall be liable in any way for any class, Event, or other third-party goods and services offered through the Service or through a third-party platform. You agree that Superflow is not party to any transaction between any User and/or Creator and cannot be held responsible for any issues arising from any such transaction. We have no control over and do not guarantee the accuracy or validity of any statement, claim, or offering made by aCreator, nor do we guarantee the performance or conduct of any Creator, User, or third party.

We are also not liable for the acts or omissions of any third parties, including third parties you might interact with during a Flow or Event. Superflow generally does not supervise FlowSessions, Activities or Events and is not involved in any way with the actions of any individuals (whether Users or Creators) at any Flow, Session or Activity.We generally do not have control over the identity or actions of the individuals who are present at these classes or Events, and we require that our users exercise caution and good judgment when participating in Flows, Sessions orActivities. Some Flows or Sessions may carry inherent risk and by participating in those activities, you choose to assume those risks voluntarily. You acknowledge and agree that by participating in any Flow or Session (whether asa User or Creator) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage, and death. You are solely responsible for all costs and/or risks associated with your participation in any class or Event.

To the fullest extent permitted bylaw, you hereby release and hold harmless Superflow and each of the otherSuperflow Parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your use of the Service or participation in any class or Event, whether as a User orCreator, including as it relates to the acts or omissions of any third party used by Superflow to facilitate the Service or any payments related thereto.You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdictional restrictions are applicable.

If applicable, you waiveCalifornia Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

X.       Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Superflow Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Superflow Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

XI.       How To Contact Us

The best way to get in touch with us is to contact our Support Team at support@superflow.team. We’d love to hear your questions, concerns, and feedback about our Services. 

XII.       Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in Lewes, Delaware and shall not give rise to personal jurisdiction over Superflow, either specific or general, in jurisdictions other than Delaware. These Terms, together with thePrivacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of Delaware, without regard to conflicts of law principles. You agree that any legal action or proceeding between Superflow and you for any purpose concerning these Terms, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware, and you submit to personal jurisdiction therein and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

These Terms, together with the Creator Rules and Requirements, the Privacy Policy, and any other Governing Documents published from time to time, constitute the entire agreement between you and Superflow concerning the Service and the services provided by Superflow. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.Superflow's failure to insist upon or enforce strict performance of any provision of these Terms or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Superflow may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of Superflow or to another third party in the event that some or all of the business of Superflow is transferred to such other third party by way of merger, sale of its assets, or otherwise.

Most communication betweenSuperflow and you will be sent and received electronically. You agree that all electronic communication between Superflow and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Superflow not expressly granted herein are reserved.

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Superflow helps you amplify learning.
So that people go from knowing into doing.

Engage teams through guided learning experiences directly in the flow of their work. Connect learning outcomes to existing KPIs and generate personalized learning plans based on individual goals and strengths.

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