Terms of Use

1. General

1.1. Welcome to Flow Capital (the "Website").

1.2. This Website provides insights into third-party platforms (referred to as "Third-Party Platforms") that facilitate trading (the "Services").

1.3. These Terms of Use (the "Terms") are designed to govern Your ("You", "Your", or "User") interactions with the Website and the Services offered. We strongly recommend that You read these Terms carefully before using the Services. These Terms constitute a legally binding agreement between You and the operator of the Website. If You do not agree with any part of these Terms, You must immediately stop using the Website. By continuing to use the Website, You accept these Terms, which may be updated from time to time.

These Terms also incorporate Our Privacy Policy, and by agreeing to these Terms, You acknowledge that You have read, understood, and consented to Our Privacy Policy (You can access Our Privacy Policy by clicking here).

2. Eligibility

2.1. You may use the Website only if You meet all the following criteria:

2.1.1. You are at least 18 years of age;

2.1.2. You possess the legal right, authority, and capacity to enter into these Terms and to comply with all the terms and conditions set forth herein;

2.1.3. You are not prohibited from using the Website and/or the Services under the applicable laws of the country where You reside or are located while accessing the Website.

2.2. Flow Capital does not provide any assurances or guarantees, whether express or implied, regarding the legality of the Website and/or Services, or the manner in which any individual may utilize the Website and/or Services. We accept no liability for any unauthorized use of the Website and/or Services by the User.

3. Restricted territories

3.1. In addition to the above, Flow Capital reserves the right, at our sole discretion, to restrict or limit access to the Website and/or Services (or any part thereof) for: (i) any Users located in specific jurisdictions (the “Restricted Territories”), and (ii) individuals whom we reasonably believe may present legal, regulatory, reputational, or financial risks.

3.2. We may impose additional conditions or requirements before accepting Users who reside in or originate from certain countries, at our sole discretion. It is also understood that if any Users travel to the Restricted Territories, the Website and/or Services may become inaccessible or restricted in those locations.

4. Prohibited activities

4.1. You agree to use the Website and Services in a lawful and respectful manner and commit to refraining from:

4.1.1. Creating links to the Website and/or using the Website to upload, download, disseminate, publish, or transmit (a) any information or materials that infringe upon rights, such as intellectual property, privacy, or any other legal rights; (b) content that is unlawful to publish or use due to it being threatening, harmful, offensive, slanderous, defamatory, racist, or otherwise inappropriate; (c) content containing viruses or other software that may damage our systems or those of third parties, or in any way hinder others from using the Website; (d) any content that breaches legal regulations; or (e) content containing advertisements of any form without prior written consent from us;

4.1.2. Removing or altering any legal notices, attributions, or other proprietary marks or labels present on the Website;

4.1.3. Accessing the Services through any interface other than the Website;

4.1.4. Disrupting other Users' experience of the Website and/or the Services;

4.1.5. Utilizing bots or automated systems to interact with the Website and/or the Services;

4.1.6. Uploading or transmitting (or attempting to upload or transmit), without our explicit consent, any materials that function as passive or active information collection or transmission mechanisms, including, but not limited to, web bugs, cookies, or similar spyware devices;

4.1.7. Engaging in activities such as "framing," "mirroring," or otherwise replicating the appearance or functionality of the Services;

4.1.8. Breaching any applicable laws or regulations, or encouraging/promoting illegal activities including, but not limited to, copyright infringement, trademark infringement, defamation, privacy invasion, identity theft, hacking, cracking, or distributing counterfeit software;

4.1.9. Altering or interfering with the source code of the Website in any way, or uploading any software/application that could potentially harm the Website or any third party;

4.1.10. Disassembling, decompiling, or reverse engineering any software or technology incorporated in the Website or used to provide the Services.

4.2. You acknowledge that, without limiting any other rights we may have, if we believe your use of the Website does not comply with these Terms or any applicable laws, we may monitor your use of the Website or the Services, restrict your access to the Website, share your behavior patterns on the Website with third parties, and take any other actions we consider necessary to protect our property and/or rights, as well as the rights of third parties.

5. Intellectual Property Rights

5.1. The entire Website, including all its contents such as videos, text, images, logos, designs, music, sounds, figures, trademarks, and any other materials, is protected by intellectual property rights owned by us or third parties.

5.2. We retain all rights, title, and interest in the Website and Services. Using the Website or Services does not grant Users any intellectual property rights, except for the limited right to use them as expressly set out in these Terms.

5.3. Users may only use the Website and Services for personal, non-commercial purposes.

5.4. Users are strictly prohibited from modifying, decompiling, disassembling, reverse engineering, copying, transferring, creating derivative works from, renting, sublicensing, distributing, reproducing, republishing, scraping, downloading, displaying, transmitting, posting, leasing, selling, or exploiting any Website content without our explicit written consent. This prohibition includes any use not expressly permitted by these Terms or any unauthorized exploitation of Website content.

6. Limitation of Liability

6.1. Your use of the Website and/or the Services is at Your own risk. To the maximum extent permitted by law, We disclaim all warranties, express or implied, regarding the Website and the Services and Your use thereof, including implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, usefulness, accuracy, completeness, and timeliness. Accordingly, the Services, along with all content and functions available on, accessed through, or transmitted from the Website, are provided on an “as is,” “as available,” and “with all faults” basis.

6.2. Without limiting the foregoing, We accept no responsibility for any (a) errors, mistakes, or inaccuracies in any content included on the Website; (b) any interruption or cessation of transmission to or from the Website via the Services; (c) any bugs, viruses, Trojan horses, or similar issues that may be transmitted to or through the Website or the Services by any third party.

6.3. You agree to indemnify Us against any losses incurred, directly or indirectly, by You and/or any other third party, in connection with the Website and/or the Services, and You shall bear full responsibility for any decisions You make based on the content of the Website and/or the Services.

6.4. Under no circumstances shall we be liable for any special, direct, indirect, incidental, punitive, or consequential damages that may arise, including any loss of profits or data, resulting from your use of the Website and/or Services or from materials accessed or downloaded from the Website or as part of the Services. This applies regardless of whether such liability is based on warranty, contract, tort, or any other legal theory, and regardless of whether we were advised of the possibility of such damages. In the event a court holds us liable, our total liability shall not exceed 100 CAD. This limitation of liability shall apply to the fullest extent permitted by applicable law.

6.5. We are not responsible for any issues or technical malfunctions of any telephone or network lines, computer online systems, servers or providers, hardware, software, failures due to technical problems or internet traffic congestion (or inaccessibility of the internet), or incompatibility between the Website or the Services and your browser and/or other equipment. Without limiting the foregoing, we assume no responsibility or risk for your use of the internet.

7. Third party services or content

7.1. While using the Services, you may encounter content or services provided by third parties, such as advertisements and reviews relating to the Third-Party Platforms.

7.2. We do not control or endorse such third-party content or services, and they may not always be accurate or up-to-date.

7.3. Therefore, we strongly advise that you independently verify all information before relying on it. Any decisions or actions based on such third-party content or services are your sole responsibility.

8. Links

8.1. The Website may contain links, content, advertisements, promotions, logos, and other materials from third-party websites or software (the “Links”). We recommend that you exercise caution and be aware of the risks before accessing, using, relying upon, or purchasing anything via these third-party websites, software, or materials. These Links are provided solely for your convenience, and you agree that we shall not be liable for any loss or damage arising from your use of or reliance on any content, goods, or services available on such third-party websites or software.

8.2. The presence of links on the Website does not imply any endorsement, authorization, sponsorship, affiliation, or other relationship between Flow Capital and the operators of those external sites, software, or services.

8.3. We have not reviewed all of these third-party links and are not responsible for any content found on the websites or software they lead to. You agree not to hold Flow Capital liable for any loss or damage caused by your use of or reliance on any content, goods, or services from other websites.

8.4. It is your responsibility to review the terms and policies of any third-party websites you visit, and we strongly recommend that you carefully read them before interacting with such third parties.

9. Miscellaneous

9.1. We may, at our sole discretion, modify, suspend, or discontinue any of the Services and/or introduce new Services at any time. We shall not be liable for any loss you may suffer as a result of such changes, and you shall have no claim against Flow Capital in this regard.

9.2. We reserve the right to update these Terms from time to time. When changes are made, we will notify you by posting the revised version and updating the date at the top of this page. Any modifications will take effect immediately upon publication. By continuing to use the Website after such changes, you agree to be bound by the revised Terms.

9.3. The User agrees that the transmission of information to or from the Website does not create any relationship other than the one expressly set out in these Terms.

9.4. These Terms and the Privacy Policy, as updated from time to time, constitute the entire agreement between Flow Capital and the User. No other representation, promise, consent, or undertaking — whether written or oral — not expressly included in these Terms or the Privacy Policy shall be legally binding on the parties.

9.5. Our failure to enforce any right, power, or remedy under these Terms shall not constitute a waiver of such right. Similarly, exercising any right, power, or remedy partially does not prevent the further exercise of that or any other right, power, or remedy.

9.6. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction under applicable law, that provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect as if the severed provision had never been included. These Terms shall then be interpreted, to the extent permitted by law, to best reflect the original intent of the severed provision.

9.7. We reserve the right to transfer or assign all our rights and obligations under these Terms to any third party. In addition, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign, or encumber any of your rights or obligations under these Terms in any way.