Last Modified: February 1, 2024
The following terms and conditions (collectively, the “Agreement”) constitute an agreement for the use of the RavAI software application (the “App”). By downloading, installing, accessing, or otherwise using the App, you agree to be bound contractually by this Agreement and the Privacy Policy, incorporated herein by reference. Your affirmative act of using the App and/or registering with the App constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically.
Parties. The parties to this Agreement are you, and the owner and operator of the App: FLOW LABS LLC, a Florida limited liability company (“Company”). All references to “we”, “us”, or “the App” shall be construed to mean the Company.
Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible through the “Terms of Use” link on the App itself or at www.ravai.app. Your continued use of the App indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates. We may also, from time to time, issue additional guidelines and rules with respect to using our App. We will notify you on the App when we issue any such additional information. By using our App, you agree that you will comply with any such additional guidelines and rules.
License. Company grants you a limited non-exclusive, non-transferable, and revocable license to access and use the App, only for your personal use and not for purposes of resale. This license terminates automatically if you breach this Agreement or if we terminate your access for any reason, which we may do in our sole and complete discretion. You do not have the right to modify the App, its content, or any copyright or other proprietary notices. Unauthorized use of the App or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions. You may not copy, modify, distribute, download, display, transfer, post, or transmit the App or its content in any form without Company’s prior written permission.
Prohibited Activities. The following activities are also expressly prohibited without Company’s prior written permission: (i) any non-personal or commercial use, except as may be provided in any separate written agreement signed by the parties hereto or separate agreement originating with the App; (ii) use of any robot, spider, other automatic device, or manual process to monitor or copy the App or any of its content; (iii) attempting to gain unauthorized access to any of our services, user accounts, computer systems, or networks through hacking, password mining, or other means; (iv) “mirroring” the App or any content on any other server; (v) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the App; (vi) collection or use of information for a supplier of competitive or comparable products or services; (v) misusing the App or the services we provide, creating fraudulent user accounts, or collecting or storing personal information about other users; (vi) any action that imposes an unreasonable or disproportionately large load on the App or otherwise interferes with its functioning; and (vii) any other action that may reasonably and adversely jeopardize the Company’s reputation or quality of services.
In-App Purchases. You may, from time to time, purchase items through or by virtue of using the App. To purchase items through the App, you must provide valid payment card and billing information. Such information will be collected by the Company. Your information will be collected and used in accordance with our Privacy Policy and these Terms. When you purchase items through the App, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the App, you represent and warrant to us that you are capable of entering into a contract under the applicable law.
Posting To Public Areas of the App. We will not treat information that you post to areas of the App that are viewable by others (for example, to a forum or chat-room) as confidential or proprietary. By posting information to public areas of the App, you agree that we may use that information without any restrictions. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to the App; however, we reserve the right to review such posts and to remove any material that, in our sole judgment, is not appropriate.
Registration. The App may be downloaded and installed without registering with us, but in order to actively participate, store your account information with us, and use the services provided in the App, you must register with us. By registering, you authorize us to use and disclose any information you provide to us, including any of your personal and medical information, for purposes of allowing us to provide our services to you and as otherwise disclosed in our Privacy Policy. You agree that we may use any information you provide to us as part of the registration process or otherwise in connection with your use of the App as set forth in our Privacy Policy. As part of the registration process, you will provide an email address and create a password for your account. This information should be kept private, and you should not share this information with any other parties that you do not wish to have access to your account information. If you learn that your access information has been stolen, lost, or otherwise compromised, please notify us immediately.
No Therapist, Doctor, or Other Professional Relationship. The information provided to you on the App is informational only and is not medical advice, opinions, or diagnoses. Such information is not reviewed by any licensed therapist, doctor, or other professional, and no therapist/patient, doctor/patient, or any other professional relationship shall exist between you and Company. Neither the Company nor any of its representatives are licensed medical professionals, therapists, or providers of medical services of any type. The App is not a substitute for you obtaining the help and services of a qualified medical professional. DO NOT USE THE APP FOR ANY OF YOUR EMERGENCY MEDICAL NEEDS. You agree that no medical professional–patient relationship or any other type of professional relationship is created by virtue of your use of the App or by virtue of your access to information on the App that may be provided by individuals in the medical profession. Nothing on the App shall be construed the practice of medicine, the provision of medical care, the provision of therapy services, the provision of counseling services, or the provision of any other professional services, and you hereby covenant not to sue, and release, indemnify and hold harmless, the Company and its affiliates, representatives, employees, owners, directors, agents, successors, and assigns (collectively, the “Company Indemnified Parties”) from any and all claims, losses, damages, or liabilities relating to your use of the information provided to you on the App or any decisions made or actions taken in reliance on such information.
Monitoring. We reserve the right, but not the obligation, to monitor your access and use of the App without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.
Ownership of Content.
Company Content. The material provided on the App, excluding Your Content (as defined below), (the “Company Content”) is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the Company Content of the App is owned by Company or others.
All Other Rights Reserved; Restrictions. Except for the rights granted in this Agreement, all other rights are reserved. All trademarks are the property of their respective owners. You may not remove or attempt to remove any copyright, trademark, or other proprietary rights notices contained on the App or on any other content associated with the services we provide.
Your Content. The App allows you to submit voice and/or text information (the “Input”). Using artificial intelligence, the App will generate voice and/or text content based on the Input (the “Output”). The Input and Output are collectively referred to as “Your Content.” We disclaim any and all ownership rights in and to Your Content, except that you hereby grant to us a royalty-free, worldwide, non-exclusive, perpetual right and license to use Your Content in connection with providing services to you and others using the App, for purposes of improving the use and functionality of the App, for purposes of gathering de-identified aggregate information concerning use of the App, and for other legitimate business purposes so long as such purposes do not violate your right to privacy and confidentiality. Subject to the provisions of this Agreement, the Privacy Policy, and any other applicable agreements, you retain all ownership rights in and to Your Content.
Access to App. We do not guarantee that you will be able to access or use the App at times or locations of your choosing. We do not guarantee that the App will be compatible with all mobile devices, hardware, and software. We may perform updates or maintenance to the App from time to time, and nothing herein shall in any way modify or limit our right to perform such maintenance and other services even if such services would temporarily restrict your access to the App.
Third Party Software, Technology, and Websites.
Third Party Software and Technology. The App uses OpenAI API, a third party software. By using the App, you agree to the OpenAI Service Terms, available at https://openai.com/policies/service-terms, Usage Policies, available at https://openai.com/policies/usage-policies, Sharing & Publication Policy, available at https://openai.com/policies/sharing-publication-policy, and any and all other applicable OpenAI policies and/or agreements. By using the App, you represent and warrant that you have read and understood all such policies and/or agreements. In addition to any and all covenants contained in this Agreement and the Privacy Policy, you agree to abide by the OpenAI Usage Policies, available at https://openai.com/policies/usage-policies, at all times while using the App.
Dataset. This App is subject to MIT License Copyright (c) 2020 nbertagnolli.
Links to Third Party Websites. Company does not review or control third party websites that link to or from the App, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party websites is on your own initiative and at your own risk and may be subject to such websites’ terms of use.
Participation in Promotions of Advertisers. If applicable, and to the extent offered from time to time, you may enter into correspondence with or participate in promotions of advertisers promoting their products, services, or content on the App (“Advertisers”). Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each Advertiser.
Termination. We may terminate your access to the App at any time, for any reason. We have no obligation to continue to provide our services to you for any particular period of time. We may also suspend your access to the App for any reason, such as a result of inactivity for an extended period of time. We shall not be liable to you or any other party for termination or suspension of your access to the App for any reason.
ECPA Notice. The App treats email messages and other communications through the App as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. The App is not considered a “secure communications medium” under the ECPA.
USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
Accuracy of Information and Disclaimer of Warranty. Company has made every effort to present the content on the App accurately, but additions, deletions, and changes may occur. Except as may be provided in any separate agreements originating from the App, products, services, and/or content on the App is provided “as is”, and neither Company nor its representatives make any representation or warranty with respect to such products, services, and/or content. COMPANY AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THE APP, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY ALSO DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE APP IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES.
Limitation of Liability. Under no circumstances will Company or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) the App or its content, even if they have been advised of the possibility of such damages. You access and use the App at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE APP. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APP. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. You hereby release, indemnify and hold the Company Indemnified Parties harmless from, and agree that the Company Indemnified Parties shall in no event be liable for, any claims, losses, damages or liabilities relating to (i) your decision to use or rely on any information received by you through our App, (ii) any inaccuracies, errors or omissions with respect to any information contained on the App, (iii) any use or access of the App or the Company’s services whatsoever by you or any person utilizing your identifying or access information; and (iv) the violation of this Agreement or the Privacy Policy by you or any person utilizing your identifying or access information. This indemnification obligation does not apply with respect to any claims, losses, damages, or liabilities resulting from our own gross negligence or intentional misconduct. This indemnification obligation is in addition to other obligations set forth elsewhere in this Agreement.
California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Orlando, Florida, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Should either party file an action contrary to this provision, the other party may recover its attorney’s fees and costs.
Jurisdiction and Venue. The courts of Orange County in the State of Florida, USA and the nearest U.S. District Court to Orange County in the State of Florida, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
Controlling Law. This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.
Entirety; Waiver. This Agreement, including the Privacy Policy and any supplemental terms, policies, guidelines, and rules that may be posted on or in connection with the App from time to time, embody the entire agreement between the parties hereto concerning the matter dealt with herein and supersede all prior agreements or understandings as may relate to the proposed transaction completed hereby. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).
Assignment. You may not assign or transfer any of your interest in or rights or obligations under this Agreement without our prior written consent. We may, however, assign or transfer any or all of our rights or obligations under this Agreement to any third party without your prior consent.
Intended for Use Only in the United States. The App is controlled and operated by Company from its offices within the United States. Company does not represent that the App is appropriate or available for use elsewhere; access to the App from locations where its contents are illegal is not authorized. If you access the App from outside the United States, you do so on your own initiative and at your own risk.
Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.
Authority; Eligibility. In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 are prohibited from using the App. If you are a parent or guardian of a minor child, you may use this web App in compliance with this Agreement and the Privacy Policy on their behalf, and any reference to “you” or “your” in this Agreement shall refer to such minor child. Membership on the App is null and void if prohibited by applicable law. By using the App, you represent and warrant to us that you are at least 18 years of age, that you have the proper right, authority, and capacity to enter into this Agreement on your behalf or on behalf of another person, and that you will abide by the terms and conditions contained in this Agreement.
Severability. If any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any party or circumstance is held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision of this Agreement (or the remaining portion thereof) or the application of such provision to any other parties or circumstances.
Privacy. Please review the App’s Privacy Policy which also governs your use of the App.
Copyright © 2024 FLOW LABS LLC. All rights reserved.