Last updated: November 27th, 2019.
This End-User License Agreement (“EULA”) is a legal agreement between you and Tourflow, Inc. (“Tourflow”, “I”, or “We”).
This EULA agreement governs your acquisition and use of our Tourflow software (“Software”) directly from Tourflow or indirectly through a Tourflow authorized reseller or distributor (a “Reseller”).
This EULA may be altered and amended within reason from time to time to reflect the evolving nature of the Software. The Tourflow Software (as defined herein), and our prices can change at any time. We’ll warn you 30 days in advance of any price changes affecting your use of the Software. We’ll try to warn you about major changes to the EULA or Tourflow, but we make no guarantees.
You must read through the entire below and agree with all the details before you use our Software (whether or not You are already in possession of the Software).
If you have any question about the EULA, please contact Tourflow at info@Tourflow.io.
This document is an adaptation of the TermsFeed EULA Generator over Baremetrics Terms of Service, which is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither TermsFeed, Baremetrics Inc., Heroku, Inc. nor Google, Inc. is connected with and they do not sponsor or endorse Tourflow or its use of the work.
Please read this EULA agreement carefully before completing the installation process and using the Tourflow software. It provides a license to use the Tourflow software and contains warranty information and liability disclaimers.
If you register for a free trial of the Tourflow software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Tourflow software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Tourflow herewith regardless of whether other software is referred to or described herein. The terms also apply to any Tourflow updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Tourflow hereby grants you a personal, non-transferable, non-exclusive licence to use the Tourflow software on your devices in accordance with the terms of this EULA agreement.
Your license to use Tourflow software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Tourflow software.
You are permitted to use the Tourflow software on any hardware (for example a desktop computer, laptop, mobile or tablet) you personally own and use. This license does not entitle you to share the Tourflow software with other members of your family or company. You are responsible for ensuring your device meets the minimum requirements of the Tourflow software.
You are not permitted to:
We reserve the right to terminate licenses without notice.
You are responsible for the security of your passwords and for any use of your account.
Tourflow shall at all times retain ownership of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Tourflow.
Tourflow reserves the right to grant licences to use the Software to third parties.
All of the content available on or through the Software, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by Tourflow, or other licensors or Software users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Software and any underlying technology or software used in connection with the Software contain our proprietary information.
Open source software licenses for components of the Software released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these terms, the open source licenses govern Your agreement with Tourflow for the use of the components of the Software released under an open source license.
The Software may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Tourflow is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You may choose to or we may invite You to submit comments or ideas about the Software, including but not limited to ideas about improving the Software or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Tourflow under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
IF YOU USE THE SOFTWARE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SOFTWARE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SOFTWARE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SOFTWARE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Tourflow MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SOFTWARE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Tourflow DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SOFTWARE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL Tourflow, ANY OF OUR AFFILIATES, RESELLERS, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SOFTWARE.
We do our best to make Tourflow a great application to use, but cannot guarantee that it will always be entirely without its quirks, as is the case with any software.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR LICENSE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE PURCHASE PRICE OF THE SOFTWARE, IF ANY (MAXIMUM BEING THE LESSER OF THE AMOUNT PAID BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY Tourflow), OR (B) FIFTY US DOLLARS ($50). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 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.”
You agree to hold harmless and indemnify Tourflow, and its subsidiaries, affiliates, resellers, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) Your breach of the EULA, (b) Your use of the Software, or © Your violation of applicable laws, rules or regulations in connection with the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s’ fees, of every kind and nature. In such a case, Tourflow will provide You with written notice of such claim, suit or action.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Tourflow.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
In the event of any controversy or dispute between Tourflow and You arising out of or in connection with your use of the Software (such as our website, blog, etc.) provided by Tourflow, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute through alternative dispute resolution.
If any part of the terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Tourflow to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if Tourflow does not exercise or enforce any legal right or remedy which is contained in the terms (or which Tourflow has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tourflow’s rights and that those rights or remedies will still be available to Tourflow.
Tourflow shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.