Updated date: October 24, 2023
Effective date: October 24, 2021
Welcome to " FlowTick " APP service!
Before using the FlowTick products and services, please read and comply with the FlowTick APP Service Agreement (hereby "Agreement") and the Privacy Policy. Please be sure to read carefully and fully understand the contents of the terms, especially those involving your significant rights and interests, including the terms that exempt or limit our liability, the terms that limit the rights of users, the terms that stipulate the dispute resolution method and jurisdiction, and the separate agreements or rules for using the APP. The foregoing terms may be highlighted in bold, underlined, etc.
When you fill in the information according to the relevant page prompts, read and agree to this Agreement and complete all registration or activation procedures, or when you actually use the FlowTick service in any way we allow, it means that you have fully read, understand and accept the entire content of this Agreement and the content updated and modified from time to time. This agreement is legally binding on you and FlowTick.
If you have any questions about any content of this Agreement, please feel free to ask our customer service for help and we will do our best to explain it to you; At that time, you could not claim that this Agreement is invalid or request cancellation of this Agreement on the grounds that you have not read the contents of this Agreement or have not received answers to your inquiries from us.
Under this Agreement, we assume that you are a legal entity with full capacity for civil rights and capacity appropriate to the civil acts you engage in, and are not the subject of trade restrictions, sanctions or other laws or rules imposed by any country, international organization or region (" Restricted Object "). (1) If you do not have full capacity for civil conduct due to age and other factors, please inform your guardian, and read and use this Agreement and our services under the guidance of your guardian; (2) If you are a restricted subject, please launch the FlowTick service application after the relevant restrictions have disappeared or been lifted. If you are not the aforementioned qualified subject (or have not obtained the consent of your guardian) but continue to sign this Agreement, we have the right to refuse or terminate the service to you and cancel your account after learning the relevant circumstances, and you (and your guardian) shall bear the relevant losses.
1. Scope of the Agreement
1.1 This Agreement is an agreement between the User and CUE DIGITAL INTERNATIONAL PTE. LTD. regarding the use of the FlowTick APP service. " FlowTick" means CUE DIGITAL INTERNATIONAL PTE. LTD., also referred to as "We" in this Agreement; "User" means the legal entity that meets the conditions of use under this Agreement and uses the FlowTick service in accordance with this Agreement, also referred to as "you" in this Agreement.
1.2 The content of this Agreement also includes the Privacy Policy and separate agreements and business rules that you need to follow when using certain specific services (hereinafter collectively referred to as "Individual Agreements"). The above content shall be an integral part of this Agreement once it is published and takes effect, and your acceptance of any part shall be deemed to be your acceptance of this Agreement in its entirety.
1.3 In view of the need to optimize and upgrade the service from time to time and the gradual development of user experience, you understand and agree that FlowTick will adjust or update this Agreement from time to time (and to the extent permitted by laws and regulations), and publish or notify you by one or more means such as announcements, letters, e-mails or other written means; The relevant adjustment or update will take effect as of the date specified in the relevant announcement or notice (or 7 days after the announcement or notice unless otherwise specified). If you continue to use our Services after we adjust or update this Agreement, with or without notice from us, you agree to accept the adjusted or updated Agreement. If you do not accept the relevant adjustments or updates, you should immediately stop all use of FlowTick services and inform us in writing; We will contact you regarding the termination of this Agreement as stated before the update.
2. FlowTick Account Registration and Management
2.1 FlowTick account is the digital identification of using FlowTick service, and its ownership belongs to FlowTick. After user completes the registration/activation procedure, FlowTick will authorize the user to log in to FlowTick software and services using the corresponding FlowTick account in accordance with this Agreement. Unless otherwise permitted in writing by the FlowTick, the right to use the FlowTick account belongs only to the original applicant for registration/use, and such rights are indivisible, non-transferable, non-sublicense, or in any way licensed to others.
2.2 You can apply for free registration of FlowTick account through various FlowTick software. You must follow the prompts on the registration page to fill in the relevant registration information (including your legally owned, real-name mobile phone number, etc.), and set your own password. In addition, you may also use your third-party account to authorize the login of the FlowTick software or use the FlowTick service, you understand and agree that the FlowTick will obtain your necessary information from the third-party for this purpose. And when necessary, use this as registration data to generate a unique FlowTick account and establish a binding relationship with your third-party account (subject to your actual authorization).
2.3 You understand and agree that the registration information of the FlowTick Account provided by you (including those provided by you directly to FlowTick and which FlowTick obtains from a third-party according to your authorization) is the only evidence of your association with the FlowTick Account and your identity, You are solely responsible for all activities under your account and password and their consequences (including but not limited to signing agreements online, ordering products or services, disclosing information, etc.). To this end, you must truthfully register, correctly use the FlowTick account in accordance with relevant laws and regulations and this Agreement, and properly keep and timely maintain the relevant information. If you replace, suspend or terminate the use of the above information and/or related equipment, or experience loss, disclosure or theft, you should promptly take necessary measures and inform the O FlowTick to reduce possible losses; You understand and agree that, unless there is an effective judicial decision, FlowTick cannot assume any responsibility for this, and you must bear the relevant losses.
2.4 You guarantee that your registration information does not contain any false, wrong, illegal and bad information, and that you will strictly abide by relevant laws and regulations, this Agreement and other individual agreements when registering and using the account. Otherwise, FlowTick has the right not to register, or to notify the period of correction, suspension, cancellation of registration and other measures to restrict, suspend or terminate your FlowTick account use; For the fraudulent use of affiliated institutions or social celebrities to register accounts, etc., FlowTick will also be reported to the competent government departments or disclosed to the society in accordance with the law. Any loss that may be caused to you (including but not limited to communication interruption, deletion or unavailability of user data, mail and virtual property and related data, value-added services, products or services, etc.) as a result of such restriction, suspension or termination, reporting or disclosure shall be borne by you.
2.5 You know and understand that if your FlowTick account is cancelled or withdrawn, FlowTick has the right to handle the relevant contents and information of the account by means of including but not limited to deletion, and you shall bear the loss or responsibility for not timely backup.
3. FlowTick Services
3.1 For FlowTick software, FlowTick gives you a non-transferable and non-exclusive license. You may use the software and services only for the purpose of accessing or using the FlowTick services; In addition, you must obtain FlowTick software from the official channel published by FlowTick, and ensure that it is correctly installed and updated in time according to the prompted steps. Otherwise, FlowTick cannot guarantee that the relevant software can be used normally, and does not assume any responsibility for the loss caused to you other than that expressly provided by law.
3.2 You know and understand that the use of the FlowTick Service will consume resources such as your terminal equipment processor and bandwidth, and may include data traffic, call and other charges. To this end, you need to prepare the relevant terminal equipment (such as computers, mobile terminals and necessary network access equipment, etc.) and bear the necessary costs (such as telephone charges, Internet access charges, etc.).
3.3 Service Change, Suspension, Interruption or Termination
3.3.1 FlowTick is always changing and improving the service. FlowTick may upgrade or adjust the services at any time, which may cause some functional effects to change, the old service system can no longer be used, or you need to operate the relevant browser plug-ins, mobile phone client software, terminal device software, etc. Related upgrades or adjustments will be released in the form of new service versions, system updates, etc. You should act as prompted in a timely manner to avoid unnecessary losses caused by the inability to continue to use the service or the instability of the service.
3.3.2 You understand and agree that FlowTick may periodically or irregularly overhaul or maintain the platforms or related equipment that support its services, or replace the relevant third-parties, which may cause service interruption for a certain period. For such interruption, FlowTick will be announced in the service related pages as far as possible in advance, or through e-mail, short message and other ways to inform you in advance; However, except in the case of intentional or negligent loss caused by the sole reason of the FlowTick, the FlowTick will not be liable for this and the service period will not be extended (if any).
3.3.3 In view of the special nature of the Network Services, you agree that FlowTick may terminate some or all of the Services at any time. FlowTick will promptly notify you by email, SMS and other means after terminating part or all of the service, but FlowTick will not be liable for such termination except for the case of intentional or negligent loss caused by FlowTick. In addition, you may also voluntarily terminate the Service by cancelling your account.
3.4 Data Backup
It is your responsibility to back up data stored on the Service. In the event of termination of your service, unless otherwise required by law or regulation, we will permanently delete your data from our servers and will not be able to provide or return data to you.
3.5 Third-Party Services
For the convenience of users, FlowTick may access third-party websites or services under some FlowTick software. You acknowledge and understand that, unless otherwise stated by FlowTick, such websites or services are not provided to you by FlowTick and that you do so at your own discretion and at your own risk and responsibility
4. Terms of Use for Individual Services
4.1 FlowTick Cloud Service
4.1.1 Under the cloud service of FlowTick, users can add FlowTick devices (or other devices supported by FlowTick) to their FlowTick account through the FlowTick APP, and perform remote operations on the added devices, including preview, playback, recording and screenshot of the videos captured by the devices. Conduct basic services such as real-time intercom with personnel at the device side through the FlowTick APP, as well as value-added services such as FlowTick cloud storage and telephone reminder based on specific demand scenarios; Some of these services may only be available on a specific number or model of devices, depending on the actual description of FlowTick
4.1.2 Most of the value-added services will be provided in the form of pre-charge, and after successful purchase, it is not supported to return or replace the corresponding FlowTick account. In addition to the necessary bandwidth and other resources, some value-added services may also have certain requirements for your FlowTick APP Settings and Internet conditions, such as, you need to turn on the detection reminder function under the intelligent reminder service, and you need to keep your contact phone unblocked under the telephone reminder service. FlowTick will remind you of the above charging standards and conditions of use through individual agreements or service introductions, ordering instructions, etc. You should carefully read and order carefully, it is recommended that you consult in advance before purchasing.
4.1.3 The FlowTick Cloud service is only used for legitimate and non-commercial destinations. You shall ensure that you do not use the Service for any illegal, infringing or profit-making activities, and that you are solely and completely responsible for ordering and using the Service.
4.1.4 In view of the characteristics of the open environment of the Internet, and the equipment itself can be exposed to public places, we particularly remind you to pay attention to the use of open or public environment safety, including but not limited to
4.1.4.1 Device Sharing. Some individual services of the FlowTick Cloud service allow you to share device video viewing and device control permissions with others.
4.1.4.2 Real-time Video preview or video analysis. You should be aware that using this feature in open Spaces may expose you to the content of other people's information. In order to ensure public environmental order and avoid unnecessary interference to others, FlowTick recommends that you pay careful attention to the installation environment of the monitoring equipment, and only enable relevant functions when really necessary. At the same time, you understand and agree that the FlowTick does not and cannot control your use of the method, you should carefully decide whether to use the relevant features, and bear the relevant consequences or responsibilities.
4.1.5 In addition, you understand and agree that although FlowTick Cloud Service enables you to understand monitoring equipment information and management equipment in a timely and convenient manner, FlowTick (and third-parties entrusted by FlowTick, if any) is not able to prevent message alerts from triggering events. It may also produce false reports due to technical identification or judgment errors; Therefore, you should still handle the relevant matters on your own properly, and pay attention to your personal and property safety.
5. User Code of Conduct
5.1 You agree not to use the FlowTick account, website, software and services to produce, copy, publish, disseminate any content that violates laws and regulations, or infringes the legitimate rights and interests of other users or third-parties, including but not limited to:
5.1.1 Publishing, transmitting, disseminating and storing contents that are prohibited by national laws and regulations:
5.1.2 Publishing, transmitting, disseminating, and storing content that infringes others' legal rights such as reputation, portrait, intellectual property, and trade secrets;
5.1.3 Involving the privacy, personal information or data of others;
5.1.4 Publishing, transmitting or disseminating harassing, advertising, over-marketing and junk information or any sexual or sexual implication;
5.1.5 Other information that violates laws and regulations, policies, public order, social morality or interferes with the normal operation of FlowTick and infringes the legitimate rights and interests of other users or third-parties.
5.2 You agree to use FlowTick website, software and service in accordance with this Agreement and each individual agreement and system rules, and will not engage in any behavior that damages the FlowTick service system or infringes the lawful rights of FlowTick including but not limited to:
5.2.1 Using FlowTick software and services through non-FlowTick developed, licensed or approved third-party compatible software to access FlowTick website. Using plug-ins developed, authorized or certified by non-FlowTick to access FlowTick website and service;
5.2.2 Deleting all copyright notices, information and content on the FlowTick software and other copies;
5.2.3 Reverse engineering, reverse assembly and reverse compilation of FlowTick software;
5.2.4 For FlowTick website, software related information, without the written consent of FlowTick, including but not limited to the following acts: Rent, lend, copy, modify, link, reprint, compile, publish, publish, establish mirror sites, and develop derivative products, works, services, plug-ins, plug-ins, compatibility, interconnection, etc. with the help of FlowTick website and software;
5.2.5 Obtaining relevant information of FlowTick website, service by the methods of creating false identity, misleading, cheating, etc.;
5.2.6 Conducting any acts that harm FlowTick website, software, or use FlowTick website and software to harm computer network security, including but not limited to: Use unauthorized FlowTick website, software related data or enter unauthorized FlowTick website, software server/account; Without permission to enter public Internet or other people's computer systems to delete, modify, increase FlowTick software storage information; Without permission, attempts to probe, scan, test FlowTick software or FlowTick website, software to explore, scan, test network weaknesses or other to undermine network security; Attempts to interfere with, destroy the normal operation of the software system or website, using FlowTick website and software to deliberately spread malicious programs or viruses and other damage to interfere with normal network information services.
5.2.7 Other use of FlowTick website, software and other services provided by FlowTick in any illegal manner, for any illegal purpose, or in any manner inconsistent with this Agreement.
5.3 You fully understand and agree that you are responsible for all actions under your registered FlowTick account, including any content you post and any consequences arising therefrom. At the same time, you understand and agree that FlowTick cannot control your use, but FlowTick has the right to refuse to provide services for illegal or infringing use, therefore, if FlowTick finds or receives complaints or reports that your use of FlowTick does not comply with the provisions of laws and regulations or does not comply with this Agreement, etc. FlowTick remain the rights to independently identify your behavior and applicable rules, and handle accordingly, including warning, refusing to publish, deleting information, restricting functions, suspending updates and terminating services until closing accounts, reporting to relevant regulatory authorities or state authorities, requiring you to compensate for losses, etc., and keeping relevant records; If your foregoing actions result in any third-party filing a claim, you will be solely responsible. In addition, you should be aware and understand that, in addition to the information provided by the complainant, our system records may also be used as evidence of your violation of the law or this Agreement.
5.4 If you find that other users have uploaded, published illegal infringing content and other violations of the law or this Agreement in the process of using FlowTick service, you can directly contact us, and we will verify and deal with it as soon as possible.
6. Protection of User Information
6.1 Protecting user information security is a basic policy of FlowTick. If you are an individual user, FlowTick will collect, store, use, disclose and protect your personal information in accordance with the FlowTick Privacy Policy, and protect your rights to access, correct, delete, and cancel your personal information. If you are an enterprise user, we will protect your trade secrets according to law and will not provide them without your consent.
6.2 FlowTick attach great importance to the protection of minors' personal information. Once again, if you are a minor under the age of 18, you must sign this Agreement with the consent of your guardian to use FlowTick Service, or provide personal information; If your guardian does not agree with your above operations, please stop using our services immediately and notify us in time so that we can take appropriate measures. If you are the guardian of a minor and think that your guardian has used with the consent of your guardian service or provided us with personal information account without consent, please also inform with the consent of your guardian in time, we will close the account or delete information according to your requirements.
7. Ownership of Intellectual Property Rights, Contents and Trademarks
7.1 FlowTick respects intellectual property rights and pays attention to protecting the rights enjoyed by users. In the process of using FlowTick service, you may provide content to FlowTick by uploading, publishing and other ways. In this case, you still have full intellectual property rights in such content.
7.2 The content provided through FlowTick website and software includes but is not limited to: text, software, sound, photos, videos, charts and etc. not uploaded/provided by users. All such contents belong to FlowTick and related rights holders and is protected by copyright, trademark, patent and other property ownership laws. Therefore, you can only use such contents under the authorization of FlowTick and relevant rights holders, and you cannot copy, reproduce, or create derivatives/derivative products related to the contents without permission.
7.3 Unless we have prior written consent, you do not have the right to use any of the intellectual property rights of FlowTick. You warrant, state and promise that you respect the intellectual property rights of FlowTick. You will not act on your own behalf or solicit third-parties or consent to or permit any third-parties to apply in any jurisdiction in any manner, for any of its marketing, advertising, promotional, or any other purpose, for any trademark, domain name, wireless website, Internet search term, or any trade name, service mark that is similar to the trademark of FlowTick or its affiliates. In the case of the above, you must transfer all relevant rights to FlowTick at your expense. You warrant, state and promise that you will not use the FlowTick and other logos and patterns of FlowTick as part of the name of your business, merchant, service or product, and will not display or use the FlowTick logo (including trademarks) and similar logos in any way or otherwise. You must also not indicate to others that you have the right to display, use, or otherwise dispose of the FlowTick sign.
7.4 The intellectual property rights of the above and any other contents contained in the Service are protected by laws and regulations. No one may use or create related derivative works in any form without the written permission of FlowTick, users or the rights holders.
8. Disclaimer
8.1 You understand and agree that FlowTick website and software, like other most websites and Internet software, may be affected by a variety of factors, including but not limited to user reasons, network service quality, social environment, etc.; It may also be subjected to various security issues, including but not limited to the illegal use of user information by others, harassment in real life; Other software downloaded and installed by users or other websites visited may contain viruses, trojan or other malicious programs, threatening the security of your terminal device information and data, and then affecting the normal use of FlowTick website and software. Therefore, you should strengthen the awareness of information security and personal information protection, and pay attention to password protection to avoid loss.
8.2 Maintaining the safety and normal use of FlowTick website and software is the joint responsibility of FlowTick and you. FlowTick will take necessary technical measures to protect your information and data security in accordance with industry standards in a reasonable and prudent manner, but you acknowledge and agree that FlowTick does not provide a complete and absolute guarantee.
8.3 FlowTick Website or software may contain products or services provided by third-parties. When using products or services provided by third-parties, you shall comply with the user agreement of third-parties in addition to the provisions of this Agreement. FlowTick and third-parties will take responsibilities respectively to the possible disputes within the scope of legal provisions and agreements.
8.4 You understand and agree that the use of FlowTick Service or any information or content obtained through FlowTick service is at your independent judgment, and the advice or guidance that FlowTick may provide regarding the ordering or use of the service will not replace your independent judgment at any time, nor should it be construed as a promise or guarantee of FlowTick. You are solely responsible for all risks arising out of the foregoing actions, including reliance on the correctness, completeness or utility of the Content. Except for a judicial decision in force, FlowTick cannot and will not accept any responsibility for this.
8.5 You agree that: FlowTick shall not be held liable for any interruption or termination of the operation of the FlowTick Website or FlowTick Software due to force majeure. Force majeure referred to in this Agreement includes: Natural disasters, changes in laws and regulations or government directives, reasons unique to the characteristics of network services, such as the failure of basic telecommunications operators at home and abroad, computer or Internet-related technical defects, Internet coverage restrictions, computer viruses, hacker attacks and other factors within the legal scope of unforeseeable, unavoidable and insurmountable objective circumstances.
9. Third-Party Software or Technology
9.1 FlowTick website may use third-party technology, FlowTick software may also use third-party software or technology (including that FlowTick software may use open source code and public domain code, etc., the same below), such use has been legally authorized or permitted.
9.2 If FlowTick website or software uses third-party software or technology, FlowTick will, in accordance with relevant laws and regulations or agreements, display relevant agreements or other documents through the attachment to this agreement, packaging in the specific folder of FlowTick software installation package, or through the open source software page, etc. They may be expressed as "Software License Agreement", "License Agreement", "Open Source License", or other forms. The aforementioned relevant agreements, other documents and web pages displayed in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. Otherwise, you may face lawsuits, fines or other sanctions brought against you by third-party or state authority, and you shall bear the relevant legal responsibilities.
9.3 Any dispute arising from third-party software or technology used by FlowTick Website or software shall be settled by the third-party and FlowTick shall not be held responsible for the settlement except for effective judicial decision. In addition, FlowTick does not provide customer support for third-party software or technology. If you need support, please contact the third-party.
10. Notice
10.1 FlowTick may send you various rules, notices, reminders and other information about the use of FlowTick services in one or more ways, such as web announcements, web prompts, E-mail, mobile phone SMS, regular mail delivery, FlowTick account station letters, and such information shall be deemed to have successfully delivered and have effect once sent. If you do not accept, you should immediately stop using relevant services, and inform FlowTick in a written notice.
10.2 When you register as a user of FlowTick and accept our services, you should provide us with real and effective contact information (including your e-mail address, contact phone number, contact address, etc.). For changes in contact information, you are obligated to update relevant information in a timely manner and maintain the status of contact. FlowTick will send you various notices to one or several of the above contact information, and the relevant content may have a significant positive or negative impact on your rights and obligations, please be sure to pay attention to it in time. If you do not receive relevant rules, notices, prompts and other information due to the error of your e-mail address, mobile phone number, mailing address and other information, you agree that you still consider that you have received relevant information and are bound by it, and bear the legal consequences that may arise therefrom.
10.3 If you need to notify FlowTick of any relevant matters under this Agreement, please notify us in writing according to the official contact information, i.e. e-mail: [flowtick_support@cue.group].
11. Others
11.1 FlowTick 's failure to exercise, timely exercise or insufficient exercise of its rights under this Agreement or in accordance with the law shall not be deemed to be a waiver of such rights nor shall it affect the future exercise of such rights by FlowTick.
11.2 If any provision of this Agreement is invalid or unenforceable in whole or in part for whatever reason, the remaining provisions of this Agreement shall remain valid and binding, and you and FlowTick shall make every effort to achieve the intent set forth in this provision.
11.3 Headings, abbreviations or definitions in this Agreement are for convenience only and shall not be used as the basis for interpretation of this Agreement.
11.4 If you have any questions about this Agreement, please contact the FlowTick Customer Service Center and we will give the necessary explanation or help in time.