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Terms and conditions

Sessions

Sessions

10 months ago
updated
15 min read

 

Welcome to Sessions (the “Platform”), which is provided by Flow [OS], Inc. (collectively such entities will be referred to as “Session”, “We” or “Us”).

You are reading the terms & conditions (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and any other associated services provided by us directly (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “You” and “Your” means you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

As part of these Terms, you agree to comply with the most recent version of our Acceptable Use Policy and our Privacy Policy, which is incorporated by reference into these Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the Terms and the Acceptable Use Policy. 

If you do not agree with these Terms, the Acceptable Use Policy, the Privacy Policy or any other policy referred to herein, do not access or use the Services. For the use of the Services, it is necessary to read and accept these terms and conditions in full. We will provide the Services, and you may access and use the Services in accordance with these Terms.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Last updated on: (____)

  1. Definitions

In these Terms the following terms will be used for references:

  • ”we”, ”us”, ”Sessions”, ”Flow” will refer collectively to Flow [OS], Inc. and our existing Affiliates
  • an “Affiliate” in these Terms, means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity.
  • ”you”, ”your” will refer to you, either as a Professional or a Customer
  • ”Professional” is the person that will use Sessions in order to deliver a Service for the Customers (ie. attendees)
  • ”Customer” can be paid or non-paid, as will refer to the person that attends a Service delivered by the Professional
  • ”Session” will refer to the specific Service that We provide and that you can see on Our Platform. 
  1. General Rules
    1. System requirements. Use of the Services requires one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
    2. On time presence for Sessions. You need to attend the Sessions for which you registered or have been invited to on time. In case you fail to connect at the mentioned time for the Session, you will be the only one at fault at the Professional has the right to allow or not allow you in the Session. No reimbursement shall be provided in these cases.
    3. No relationship between the Platform and the Professionals. There is no connection between the Platform and the Professionals and no affiliation herein. The Professionals are solely responsible for the content and activities they perform on the Platform. Any kind of disputes will be settled between the Professionals and the Customers, without the Platform’s interference.
  2. Registration
    1. For Professionals
      1. Registering an account on the Platform
  • You will be asked to register an account on the Platform in order to use it. 
  • You can do this by signing up with an e-mail address and a password or to register and login via a social login platform (Google, Facebook, LinkedIN, Apple etc.).
  • You cannot use the Platform unless you register an account on the Platform.
  • From time to time, we might update the necessary details we ask upon registration, depending on the Platform development.
  1. Updating your profile
  • No matter how you registered your account on the Platform, you can update your profile and preferences from the Profile section on the Platform.
  • Here, you will find certain fields that you can update or modify according to your personal preferences and information. Please take into consideration that We may require you to double-check this information and to validate them via an e-mail.
  1. For Customers
    1. Attending a Session
  • There are two ways in which you can attend a Session: registered with an account or not. In case the Session must be paid in advance, you will be required to make an account on the Platform in order to buy that Session.
  • If you would like to just ”drop” in a free Session, via a link you received (either as a link or by e-mail), you can just attend a Session without registering an account. You real name must be provided. 
  1. Registering an account on the Platform
  • If you would like to register an account on the Platform, you can do so by following the on-screen instructions. 
  1. Updating your profile
  • No matter how you registered your account on the Platform, you can update your profile and preferences from the Profile section on the Platform.
  • Here, you will find certain fields that you can update or modify according to your personal preferences and information. Please take into consideration that We may require you to double-check this information and to validate them via an e-mail.
  1. Keeping you account safe
  • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
  • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us.
  1. Payments

Brief: Here you will find exactly how the payment system works, for Professionals, as well for Customers. 

  1. For Professionals
    1. Offering a paid session
  • When you register on our Platform in order to benefit from our Services, you may choose to offer your Customers a paid Session.
  • By ”paid Session” we understand any kind of event that does not inflict with our Terms and the Customers pay for it in order to attend this event.
  • You may choose to have all your meetings paid, or just a part of them. 
  1. How does it work? Registering a Stripe account.
  • In such case, you are required to open an account with our payment processor, Stripe. You can find more details about Stripe here. In our registration process, you will see a pop-up on the screen where you will be requested to deliver the specific information that are needed in order to open an account with Stripe.
  • Please take into consideration that you will not be able to open an account on our Platform and deliver any paid meetings unless you open a Stripe account.
  • You do not open a paid account on our Platform. You will be redirected to Stripe platform, where you will enter all the necessary information. All the verification, including KYC, will be done by Stripe and not by Us. Please be very careful when completing the information on the Stripe platform.
  • You can open an account on Stripe as an individual person or as a company, upon your preferences. Please take into consideration that you are solely responsible for any kind of taxes that you need to pay in your country of fiscal residence and that we are not responsible for any kind of loss you might suffer on this matter. 
  • After you finish registering your account on Stripe, you will be asked to provide us certain information (such as Stripe secret key) that will allow us to integrate the payment systems so that you will receive the money paid by the Customers.
  • We do not save or process any kind of information on your behalf regarding the payment and we do not have access to the information you provide Stripe.
  1. How does it work? Charging your Customers.
  • When you decide to make a paid session for your Customers, you will be asked to set a price for that session. This price will be the one that the Customers will see and is the full price, with all the commissions and taxes herein.
  • We will charge a commission fee for all the transactions made (ie. for every Customers that will join you paid session). You will be able to see this transaction fee when you register your account with us, as well as when you will schedule your paid session. Please take into consideration that this is our Platform fee and is different from the fees Stripe as a payment processor may charge from you. Always read carefully they terms of use. 
  • After the Customer pays the Platform the price for the session through Our payment processor Stripe, the funds will be automatically split between the Platform and you so that you will receive the necessary amount of money, minus our commission fee.
  1. How does it work? Chargebacks.
  • As mentioned in this Terms, you will be directly paid by your Customers, minus our Platform fee. 
  • In case a chargeback needs to take place (whether it is a full or partial refund), according to the agreement between you and the Customers, you will need to go into your Stripe account in order to manually make the refund.
  • Our Platform is not responsible for any kind of chargebacks or refunds.
  1. For Customers
    1. Attending a paid session
  • In some cases, you will be asked by the Professional to attend a paid session. Whether we are talking about workshops, webinars, hands-on problem solving and so on, the relationship is between you and the Professional.
  • On the provided link for the session, you will see the amount that you need to pay in order to attend the paid session. Please take into consideration that other processing costs may apply on behalf of your bank, credit card institution or payment processor and that we are not responsible for any kind of additional costs that may arise.
  1. Paying for a paid session
  • If you choose to attend a paid session, you will need to follow the on-screen instructions that you will be prompted. Please take into consideration that at the moment we do not provide any other method of payment than credit card through our payment processor, Stripe.
  • You will be asked to pay the entire amount that you will see on screen with no deductions. Any other payment commissions (including exchange commission) that may arise are on your behalf. 
  • Your payment goes directly to the Professional. Our Platform will only charge a session fee from the Professional.
  1. Chargebacks.
  • In case you are entitled to a refund according to these Terms, you may ask the Professional to return the accordingly amount that you paid. Please take into consideration that the professional may partially reimburse the amount that you paid, due to commissions, as well as any other prejudice the Professional might have come across. 
  • The Platform will not issue chargebacks or any other kind of commission reimbursement on behalf of the Professionals unless expressly mentioned in these Terms. 
  1. Integration with other Apps

Brief: Sessions is an all-in-all platform which allows you to have meetings and display other elements in the same working space where viewers can see them without going through the hassle of changing screen and other apps. In this section you will find how Sessions integrates with other Apps so you can deliver the most amazing session.

  • Sessions can embed certain link in different tabs. It does so by framing the content, which will be delivered „as it is”. Please take into consideration that certain websites or certain video can be protected by their owner and you will need to ask for their permission in order to embed the content in Sessions.
  • Sessions does not download any content from the links you provide to us and does not change any kind of privacy policies you might have in place for those links. 
  • If Sessions will allow you to login in a certain app (such as Miro), the login will be made on that app and not on Sessions. Sessions will not, at any time, see your username, password, or any other kind of personal information, nor it will save it. 
  1. Recordings

Brief: Sessions can allow the Professional to record the entire meeting. In this section, you will find out what does that mean and how it can impact you.

  • Our Platform does not record and does not store the Sessions. The only person that can record the Session is the Professional. 
  • Sessions offers the opportunity for the Professional to record the entire Session or parts of it. Only the Professional or the assigned people by the Professional are allowed the record the Session. Any other person does not have the right to record the meeting.
  • However, the recording can be made available to be seen by the participants by uploading it manually by the Professional as a resource to the Session. If you choose to download the recording, you are responsible for storing and processing it according to all recording laws and data processing regulations.
  • When a Session is recorded, you will be notified of this and the ”recording” button will be visible. In case you do not wish you be recorded, please get into contact with your Professional early before the Session and explain the situation to him in order to find a solution to this. However, if you do not wish to have the meeting recorded and the Professional wishes to do so, you will be asked to leave the Session and you will not be refunded.
  • The Professional is solely responsible for gathering the Customer’s consent for recording and complying with all applicable laws and regulations.
  • As a Professional, you will find your recordings in the Platform in the special place called ”My Recordings” where you can download the recordings to your computer and save them for further use. Please take into consideration that you are responsible for the downloaded content and for the after use of it. You should inform the Customers about your intention to repurpose the registered Session and have their approval upon this.
  • Sessions is not responsible for any kind of damage, loss, intent of loss or any other prejudice that might occur from the use of recordings. You acknowledge and understand that the sole responsible for the recorded content is the Professional and any kind of solicitation must be addressed to the Professional and not the Platform. The Platform does not have access to the recordings.
  1. Disputes
  • Sessions is not responsible for any kind of prejudice that might occur from the Professional and Customer interaction. 
  • In this respect, Session acts as an intermediary between the Professionals and the Customers. The Professionals are responsible for the content they will upload and present during Session, as well as for any other kind of interactions that will take place between the Professional and the Customer.
  • All refund requests as well as any other solicitations must be addressed to the Professional. In case the Professional does not respond in 15-days time, the Session did not take place and was not rescheduled or there are sign of fraud, you may contact us in order to overview the situation. However, we cannot guarantee that you will be reimbursed, as Sessions is not a payment processor, nor takes the money in the name and on behalf of the Professional. Session only acts as an intermediary and the sums go straight to the Professional.
  • You should check all the details of a Session before attending one and paying for attendance. In case you are not sure about specific points, you may get into contact with the Professional and ask for further details. Please be aware that Sessions does not have any kind of responsibility for the content made available by the Professional on the Platform and you must directly contact the Professional. 
  1. How you may use the material on the Platform
  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from the Session you attended for your personal use. You must always keep the downloaded information safe and not share it with anybody else unless you have the express clearance from the Professional.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. For the content provided by the Professional during the Session, you must ask for his consent before modifying or altering in any way the content provided.
  • You are not allowed to record the Session you attend on your own, including using external tools (such as screen recorders). This is a violation of our copyrights, as well as the intimacy of other attendees and we reserve the right to bring a claim upon justice in order to recover our prejudice.
  • Our status (and that of any identified contributors, such as the Professionals) as the authors of content on our site must always be acknowledged.
  • You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
  1. Accuracy of information and availability of the Platform
  • The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.
  • Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  • We may suspend or terminate access or operation of the Platform at any time as we see fit.
  • Any content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform.
  • While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
  1. We are not responsible for the websites we link to
  • Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.
  1. User-generated content is not approved by us
  • This Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by Us. The views expressed by other users on our Platform do not represent our views or values.
  • The content you, other Customers and the Professional share during a Session is your responsibility. We do not verify this content and cannot interfere with it. During the Sessions, the Professional is solely responsible for the content the Professional and the Customers are giving. In case you consider the content to be offensive or any other kind infringing, please contact the Professional first-hand and express the situation. If the Professional does not handle the situation in a manner you are satisfied, you may contact Us in order to further investigate the issue.
  • Any kind of content you or others share or post on the Platform, during Sessions or on our social media profile is your responsibility.
  1. Your Content
  • Some of our Services are designed to let you upload, submit, store, send, receive, or sharetext, files, images, photos, video, sounds, software, works of authorship, or other materials ("Content".)
  • You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
  • You agree that You are solely responsible for the content sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Sessions and that such use does not violate or infringe on any rights of any third party.
  • Under no circumstances will We be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although we are not responsible for any Content, we may delete any Content, at any time without notice to You, if we become aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
  1. Ownership, use and intellectual property rights
  • The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform are owned by us and our licensors.
  • We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
  • Nothing in these Terms grants you any legal rights in the Platform or the other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform.
  • Use by you of any trademarks on the Platform is strictly prohibited unless you have our prior written permission.
  • The content provided by the Professional during the Sessions, including the material and information posted in the Resources area are subject to the Professional’s intellectual property rights. If you would like to use, alter, modify and further amend those materials, you should first get in contact with the Professional and ask for specific permission.
  • Our permission to use your Content. Your content remains yours, which means that you retain any intellectual property rights that you have in your content. However, some Sessions functionalities imply the use of your content. Therefore, by accepting these Terms you give us the permission to use your content through a worldwide, royalty-free, sublicensable, perpetual, license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content for the limited purpose of providing the services. This license: (a) only covers your intellectual property rights and shall not apply to any publicly-available factual information, (b) allows us to host, reproduce, distribute, communicate, and use your content — for example, to save your content in Session’s memory, (c) allows Us to publish Your Content if you made it available to others. If you remove your protected Content from our Services, we will stop making it available to the public provided that you did not already share your content with other users before removing it (in this case, even though we remove the content from your account, we can't control how the other user uses/used your content).
  1. We are not responsible for loss or damage suffered by you
  • Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  1. If you are a business user:
  • We exclude all implied conditions, warranties, representations, or other terms that may apply to our Platform or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
  1. If you are a consumer user:
  • please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


 

  1. How we may use your personal information

We will only use your personal information as set out in our [LINK TO PRIVACY POLICY]

  1. Uploading content to our Platform
  • Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
  • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform, as the case may be, a limited licence to use, store and copy that content and to distribute and make it available to third parties.
  • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
  • We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
  • You are solely responsible for securing and backing up your content.
  • We do not store terrorist content.
  1. We are not responsible for viruses and you must not introduce them
  • We do not guarantee that our Platform will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
  • You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  1. Rules about linking to our Platform
  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our Platform in any website that is not owned by you.
  • Our Platform must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  • We reserve the right to withdraw linking permission without notice.
  • The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
  • If you wish to link to or make any use of content on our site other than that set out above, please contact Us.
  1. Other Terms
    1. Governing Law & Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter are governed by the laws in which the Platform operates.
    2. Open Source. The Platform may include open source software, which is bound by its own licensing. Please refer to the software for further information.
    3. Other Software. In order to deliver the Services, the Platform may use other software that will be incorporated in the Platform. Please refer to the specific software for further information about licensing and other specifications.
    4. Security. You are responsible for configuring your devices for Platform access. You should use your own virus protection software.
    5. Entire Agreement. These Terms constitute the whole legal agreement between you and Flow and replace any prior applicable Terms and Conditions that governed the service prior to the Last Updated date specified above.
  2. Changes to the Terms
  • We may amend these Terms from time to time, for instance when we update the functionality of our Services.
  • We will use commercially reasonable efforts to generally notify all users of any changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. 
  • We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. 
  • If you continue to access or use of the Services after the date of the new Terms this constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

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