Terms of Use

Last modified: May 2, 2024

Hello and Welcome to FloQast! These FloQast Website Terms of Use (“Terms of Use”) are a binding legal agreement between you and FloQast, Inc. (“FloQast” or “we”). These Terms of Use govern your use of our public website: www.floqast.com, and any other website where we display or provide these terms (each a “Site”). FloQast, operates each Site to provide online access to information and content relating to FloQast and the products, services and opportunities we offer.

The term “Site” does not include FloQast’s software-as-a-service platform and any FloQast applications, products or subscription services, along with any technical support, maintenance and any other services offered for sale by FloQast, (the “FloQast Subscription Services”). In order to access the FloQast Subscription Services, you must purchase a subscription. Use of the FloQast Subscription Services is governed by our Master Subscription Agreement referenced in the applicable order form for the purchase of the FloQast Subscription Services.

By accessing or using a Site, you agree to be bound by these Terms of Use and to our Privacy Policy available at https://floqast.com/privacy-policy/.

We reserve the right to modify these Terms of Use at any time at our sole discretion. Your use of a Site following any such modification constitutes your agreement to follow and be bound by the revised Terms of Use. The last date these Terms of Use were revised is set forth above. Please be sure to check this page from time to time for updates.

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE A SITE.

1. Use of a Site
   1. Permitted Use. Subject to and conditioned upon your compliance with these Terms of Use, you may use a Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on a Site (individually or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about FloQast and the products, services and opportunities we offer.
   2. Prohibited Uses. By accessing a Site, you agree that you will not:
      • Use a Site in violation of these Terms of Use or for any purpose that is prohibited by these Terms of Use;
      • Use a Site in any manner that violates any applicable federal, state, local or international law, rule or regulation, or advocates, promotes or assists in any unlawful act;
      • Use a Site for any invasive, infringing, defamatory or fraudulent purpose;
      • Copy, modify, create a derivative work from, reverse engineer or reverse assemble a Site, or otherwise attempt to discover any source code, or allow any third party to do so;
      • Sell, assign, rent, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or a Site in any way;
      • Transmit or introduce any offensive materials to a Site, including without limitation, materials involving profanity, violence, sexual conduct, or discrimination based on race, religion, sex, nationality, disability, sexual orientation or age;
      • Transmit or introduce any malicious or technologically harmful elements to a Site such as, without limitation, viruses, worms, time bombs, Trojan horses, spyware programs and other harmful, destructive, deceptive or malicious code, files, scripts, agents or programs;
      • Use or launch any automated system to access a Site, including without limitation, “robots,” “spiders,” or “offline readers”;
      • Use a Site in any manner that damages, disables, overburdens or impairs any function or feature of a Site or interferes with any other person’s or entity’s use and enjoyment of a Site;
      • Mirror or frame a Site or any part of it on any other website or web page.
      • Attempt to gain unauthorized access to a Site;
      • Access a Site by any means other than through the interface that is provided by FloQast for use in accessing a Site.

      If we determine, in our sole discretion, that you have used any Content or a Site in an unauthorized or inappropriate manner or have otherwise violated these Terms of Use, we reserve the right to prohibit you from using the Sites.

   3. Accounts. Some Sites allow you to create and maintain an account and create a username and password or other access credentials in order to use certain services or features on the Sites. If you choose to create an account on a Site, you agree you will:
      1. be at least 18 years of age or older;
      2. provide true and accurate information, to the best of your knowledge, to the extent you choose to provide it;
      3. comply with laws that apply to you; and
      4. comply with the community rules and/or code of conduct documentation made available on a Site.

      You may not share your account or access credentials with anyone else. If you believe your account or access credentials have been compromised, please notify us immediately at [email protected].
      We may limit features related to your account, including the number of connections and user ability to contact other members. We may edit or remove your Materials (defined below) at any time at our sole discretion. We also reserve the right to restrict or suspend your account at our sole discretion. Either you or we may remove your account at any time.
      Any personal information you provide when you create an account is subject to our Privacy Policy available at https://floqast.com/privacy-policy/. You may access, correct or delete your personal information by submitting a request to [email protected].

2. FloQast Intellectual Property

   Each Site is based upon proprietary FloQast technology and includes the Content. Each Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. Each Site, including all intellectual property rights in a Site, belongs to and is the property of FloQast or its licensors (if any). FloQast owns and retains all of its copyrights and other intellectual property rights in the Content. Except as specifically permitted on a Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast or create derivative works based on the Content or a Site, in whole or in part, by any means. FloQast, the FloQast logos and our other marks used by FloQast from time to time are trademarks and the property of FloQast. The appearance, layout, color scheme and design of the Sites are protected trade dress. You do not receive any right or license to use the foregoing. FloQast may use and incorporate any suggestions, comments or other feedback you provide into a Site for any purpose without payment or condition to you.

   No right, title or interest in or to the Sites or Content is transferred to you. There are no implied licenses under these Terms of Use. FloQast reserves all rights not expressly granted to you herein. If you believe that any materials accessible on a Site infringe your copyright, please provide written notification as described in the “Notifying FloQast of Copyright Infringement” section below.

3. Information and Materials You Post or Provide

   If any Site provides you with the opportunity to post text, photographs, videos or other content or materials to the Site, you represent that you have all right, title and interest to materials you post on a Site or provide to FloQast (“Materials”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials. You also represent that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You grant to us all rights, licenses and permissions necessary to display, reproduce and disseminate Materials provided through or disclosed by you.

   You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit. You also represent that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, fraudulent, obscene or pornographic material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly or with intent to defraud provide misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use. FloQast has the right, in its sole discretion, to edit or remove any Materials posted to a Site for any or no reason.

4. Links to Third-Party Websites

   Links on a Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship or recommendation by FloQast of the third party or its products or services, the third-party website or the information accessible there. FloQast has not reviewed the linked websites and is not responsible or liable for the content or availability of any such websites.

5. Disclaimers; Limitations of Liability

   FLOQAST AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF A SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLOQAST AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLOQAST IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS OF USE. THE SITES AND CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FLOQAST DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOAD THROUGH A SITE WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.

   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOQAST AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF A SITE, WITH THE DELAY OR INABILITY TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF A SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF FLOQAST OR ANY OF FLOQAST’S AFFILIATES, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

   IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF USE, FLOQAST IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF FLOQAST AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

6. Indemnification

   You understand and agree that you are personally responsible for your behavior on a Site. To the maximum extent permitted by applicable laws, you agree to indemnify, defend and hold harmless FloQast, its parent companies, subsidiaries, affiliated companies, licensors, officers, directors, employees, agents and any third-party information providers from and against all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys’ fees, resulting from or arising out of your use, misuse or inability to use a Site or the Content, or any violation by you of these Terms of Use. We reserve the right, at our expense, to participate in the defense and settlement of any claim or action with counsel of our choice. You may not settle any claims without our prior written consent (which shall not be unreasonably withheld).

7. General Provisions
   1. Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof.
   2. Waiver and Severability. No waiver by FloQast of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is determined by a court of competent jurisdiction to invalid, illegal or unenforceable, (i) such provision shall be enforced to the extent possible to effectuate the parties’ intent and (ii) the other provisions of these Terms of Use shall remain in full force and effect without modification.
   3. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
   4. Governing Law and Venue. Any and all disputes relating to these Terms of Use, FloQast’s Privacy Policy, your use of a Site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, USA. without regard to any conflict of laws provisions. You agree that the state or federal courts of Los Angeles County in the State of California shall have sole and exclusive jurisdiction over any claims or disputes arising under or relating to these Terms of Use, FloQast’s Privacy Policy, your use of a Site or the Content. You hereby irrevocably consent to such personal jurisdiction and waive all objections thereto.

Notifying FloQast of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act (“DMCA”), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that any materials accessible on a Site infringe your copyright, you may submit a written communication to us at [email protected] or at the following address: FloQast, Inc., 14721 Califa Street, Los Angeles, CA 91411, USA, Attn: Legal Department, Copyright Agent, setting out the following:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description specifying the location on a Site of the material that you claim is infringing;
4. your telephone number and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-notice

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, in accordance with the DMCA. You may submit your counter-notice to [email protected] or to our office address set out above, setting out the following:

1. your physical or electronic signature;
2. identification of the Content removed or to which access has been disabled;
3. a statement under penalty of perjury that you have a good faith belief that removal or disablement of the Content was a mistake or that the Content was misidentified; and
4. your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.