Terms of Service

This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement between Manuel Leguer, ("Operating as FlowTech Strategies") and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of FlowTech Strategies website: www.flowtechstrategies.com (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and FlowTech Strategies shall cease and be of no further force and effect between the parties, except that any obligation of the Client to pay FlowTech Strategies for services rendered shall remain and continue to be an ongoing obligation owed by the Client to FlowTech Strategies.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of FlowTech Strategies, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively or individually referred to as the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by FlowTech Strategies. They are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for the Client's information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without FlowTech Strategies express prior written permission. FlowTech Strategies reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding FlowTech Strategies ownership of Submissions, as described in Paragraph 4 ("Client Feedback"), all design and original source files created on the Client's behalf ("Projects") belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause FlowTech Strategies to become the owner of a Project, in whole or in part, rather than the Client,FlowTech Strategies irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any and all materials provided to FlowTech Strategies as examples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. FlowTech Strategies always reserves the right to share the Client's design work publicly (on social media, website, etc.) unless otherwise agreed upon between the parties.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by FlowTech Strategies and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), FlowTech Strategies will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said licenses shall be purchased directly from the rights-holder(s) and at the expense of the Client. Upon payment of the applicable fees for the Third-Party Fonts, FlowTech Strategies will provide the Client with the necessary information to obtain the applicable license(s) directly from the rights-holder(s) of the Third-Party Fonts.

4. Client Feedback

During the design process, FlowTech Strategies will provide the Client with an opportunity to review the appearance and content of the Project(s) (the "Submissions"). The Client shall promptly review the Submissions and provide feedback and/or approval in writing. If the Client does not respond within [number] days from the date of receiving the Submissions, FlowTech Strategies will consider the Submissions approved. The Client shall be responsible for any additional fees or expenses incurred beyond the initial scope of the Project due to delays or modifications requested by the Client after approval of the Submissions.

5. Limitation of Liability

FlowTech Strategies, its directors, officers, employees, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the Client's access to or use of the Website, Content, or any links provided on the Website. To the maximum extent permitted by law, the Client hereby releases FlowTech Strategies from any and all claims arising out of or related to the Client's use of or access to the Website or any Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not FlowTech Strategies has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed its essential purpose.

6. Indemnification

The Client agrees to defend, indemnify, and hold harmless FlowTech Strategies, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the Client's violation of this Agreement or the Client's use of the Website or any Content, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in this Agreement or the Client's use of any information obtained from the Website.

7. Governing Law and Dispute Resolution

Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal or state courts located in Surrey, British Columbia, Canada, and the Client waives any objection to the venue or personal jurisdiction of such courts.

8. Miscellaneous

This Agreement constitutes the entire agreement between FlowTech Strategies and the Client regarding the use of the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. No waiver by FlowTech Strategies of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FlowTech Strategies to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. The Client may not assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without FlowTech Strategies prior written consent. FlowTech Strategies may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction.

9. Termination

FlowTech Strategies reserves the right to terminate or suspend the Client's access to the Website or any Content at any time and without prior notice, for any reason or no reason. Upon termination, the Client's right to use the Website and any Content will immediately cease, and the Client shall cease all use of the Website and any Content.

10. Modifications

FlowTech Strategies reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the Client's responsibility to check this Agreement periodically for changes. The continued use of the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

11. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

12. Entire Agreement

This Agreement, including any additional terms and conditions or policies referenced herein, constitutes the entire agreement between FlowTech Strategies and the Client and supersedes all prior agreements, understandings, or representations, whether oral or written, regarding the subject matter herein.

13. Contact Information

If the Client has any questions or concerns about these Terms of Service or the Website, please contact FlowTech Strategies at contact@flowtechstrategies.com.

By accessing or using the services provided by FlowTech Strategies, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms of Service.