Terms of Service

Empire Flow offers productivity and wellness software services designed to help users organize tasks, goals, routines, and personal performance systems in one place. The Service may include features such as planning, habit and wellness tracking (for example, water, meals, supplements, exercise, mood, gratitude, and daily wins), reminders and notifications, motivational or educational content, and other tools intended to support personal organization and high-performance routines.

Features may evolve over time, and we may add, remove, or modify features as part of the Service.

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with any and all applicable laws and regulations.

If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind the organization, and the organization agrees to be bound by these Terms.

To access the Service, you must register for an account. You may register using a third-party login (such as Apple, Google, or other supported providers) or by creating a separate account. When you register, you may be required to provide information such as your name, email address, or other contact information.

You agree that the information you provide is accurate and that you will keep it accurate and up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided through the Service's checkout experience and, except as expressly provided by applicable law, are non-refundable and non-cancellable.

From time to time, Empire Flow may provide you with the opportunity to try products or services that are not generally available ("Beta Services"). Beta Services may be labeled beta, pilot, evaluation, or similar. You may use Beta Services solely for evaluation purposes.

Beta Services are provided "AS IS" and may be inoperable or incomplete; you use Beta Services at your own risk. We may collect usage and performance data in connection with Beta Services, which remains the exclusive property of Empire Flow.

Subject to your complete and ongoing compliance with these Terms, Empire Flow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal use.

If you install our mobile application, this license includes the right to install and use a reasonable number of object-code copies obtained from a legitimate marketplace on devices you own or control. Except to the extent such a restriction is impermissible under applicable law, you may not reproduce, distribute, publicly display, modify, or create derivative works of the Service.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you grant Empire Flow an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

The Service is owned and operated by Empire Flow. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service (collectively, "Materials") provided by Empire Flow are protected by intellectual property and other laws.

All Materials included in the Service are the property of Empire Flow or its third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. Empire Flow reserves all rights to the Materials not granted expressly in these Terms.

The Service may allow integrations or interactions with third-party services (including payment services like Stripe and platform providers like Apple and Google). Third-party services are not under our control, and to the fullest extent permitted by law, we are not responsible for any third-party service's use of your information.

The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

Certain features of the Service may permit you to upload, submit, store, or transmit content such as text, notes, plans, goals, images, files, data, or other materials ("User Content"). As between you and Empire Flow, you retain any copyright and proprietary rights you may hold in your User Content.

However, by providing User Content to or via the Service, you grant Empire Flow a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid right and license to host, store, process, reproduce, modify, and display your User Content solely as necessary to operate, provide, maintain, and improve the Service.

You are solely responsible for your User Content and represent that: (a) you are the creator and owner of the User Content; (b) your User Content does not infringe any third-party right; and (c) your User Content is not unlawful, harmful, threatening, or otherwise objectionable.

When you install or use the app, you may choose to receive push notifications. You can turn notifications on or off through your device settings. We may also send you emails related to the Service, such as account notices, receipts, security alerts, and product updates.

We may additionally send promotional emails where permitted by law. You may opt out of promotional emails by using the unsubscribe instructions in the email, though you may still receive transactional or service-related communications.

By using the Service, you agree not to: (a) use the Service for any illegal purpose; (b) harass, threaten, or otherwise harm any other user; (c) violate or encourage others to violate any third-party right, including intellectual property rights; (d) reverse engineer or decompile the Service except where expressly permitted by law; (e) interfere with the operation of the Service, including by introducing malware; (f) engage in fraudulent activity or impersonation; (g) sell or transfer access granted under these Terms; or (h) assist or permit any person in engaging in any of the acts described herein.

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers. Any DMCA notice must include: a signature of the authorized person; identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement of good-faith belief; and a statement under penalty of perjury that the notice is accurate and you are authorized to act.

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change materially modifies your rights or obligations, we may require you to accept the modified Terms to continue using the Service.

Material modifications are effective upon your acceptance. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version in effect at the time the dispute arose.

These Terms are effective beginning when you accept the Terms or first access the Service, and ending when terminated as described herein. If you violate any provision of these Terms, your authorization to access the Service automatically terminates.

We may, at our sole discretion, terminate these Terms or your account at any time for any reason. You may terminate your account by following in-app instructions or contacting customer service at [email protected].

Upon termination: (a) your license ends; (b) you may lose access to your account and User Content; (c) you must pay any accrued fees; and (d) certain sections will survive termination.

Empire Flow reserves the right to modify or discontinue the Service at any time (including limiting or discontinuing certain features), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access, to the fullest extent permitted by law.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Empire Flow and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense arising out of or connected with: (a) your unauthorized use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; (d) the nature or content of data processed via the Service; or (e) any dispute between you and any third party related to your use of the Service.

The Service and all materials and content available through the Service are provided "AS IS" and on an "AS AVAILABLE" basis. To the fullest extent permitted by law, Empire Flow disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Empire Flow does not warrant that the Service will be uninterrupted, secure, or free of errors, viruses, or harmful components. You understand and agree that you use the Service at your own discretion and risk. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

To the fullest extent permitted by law, in no event will the Empire Flow Entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, goodwill, or other intangible losses) arising out of or relating to your access to or use of the Service.

The aggregate liability of the Empire Flow Entities to you for all claims is limited to the greater of: (a) the amount you have paid to Empire Flow for access to the Service in the 12 months prior to the event; or (b) $100.

Subject to applicable laws and except as described in Section 20.2, you and Empire Flow agree that every dispute arising in connection with these Terms or your use of the Service will be resolved by binding arbitration on an individual basis. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Empire Flow only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content thereof.

Apple has no obligation to furnish any maintenance and support services with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation.

Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that you are not located in a country subject to a U.S. Government embargo and