Flow Dance

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Terms and Conditions

1. Company Identification

Fusion Projects LLC (hereinafter, "Flow" or "we") is a company incorporated under the laws of the state of Delaware, United States, in accordance with the Delaware Limited Liability Company Act.

Our main activity is to provide a platform through which dance enthusiasts can create dance sessions, congresses, and events.

Official Contact Information

  • Monday to Friday: 9:00 AM - 6:00 PM (Madrid, Spain time).

  • Global contact email: contact@getflow.dance

  • Legal headquarters in the USA:

    • Address: 140 Carl Brashear Dr, Unit 18, Bayonne, NJ, 07002, USA.

  • Commercial offices:

    • Spain (European Union): Calle Arte Figurativo 14, 5A, 28051, Madrid, Spain.

  • Contact Numbers:

    • United States: +1 201 839 6742

Jurisdiction and Applicable Law

  • By using our services, the user agrees that these terms and conditions are governed by the laws of the state of Delaware, USA.

  • However, in specific aspects such as personal data protection and consumer rights, local regulations of the countries where we operate will apply:

    • Spain (European Union): The General Data Protection Regulation (GDPR) and local consumer and e-commerce regulations will apply.

Official Language

In the event of any inconsistency or discrepancy between the English version and any translated version of these Terms and Conditions, the English version shall prevail as the official reference document.

2. Description of Services

Fusion Projects LLC (hereinafter, "Flow" or "we") provides a platform through which dance enthusiasts can create dance sessions, congresses, and events.

2.1 Service Functionality

Our service allows users to:

  • Create dance sessions.

  • Create dance congresses.

2.2 Creation of a Management and Scheduling System

Flow plans to integrate a series of systems into its platform for people involved in the dance world such as promoters, teachers, DJs, and dance academies, including:

  • Management and scheduling system for dance academies

  • System for creating dance class programs and intensive courses by dance teachers

  • Creation of music playlists by DJs

  • Promotion and management of private dance events

2.3 Communications and Notifications

Flow offers tools that allow dance enthusiasts, promoters, teachers, and academies to showcase their events and services to all community members:

  • Push notifications sent to users' mobile devices through our app.

  • Personalized email marketing campaigns based on user information and activity on the platform.

  • Targeted promotional messages with discounts, rewards, or special events.

Conditions for Sending Communications

  • Users can accept or reject the receipt of promotional messages when registering on the platform or from their profile at any time.

  • Members can request the sending of personalized promotions to their registered customers on the platform.

  • By registering, users agree to receive all notifications sent by the platform. Flow ensures compliance with applicable privacy regulations.

  • Flow will act solely as a technological intermediary in sending communications and will not be responsible for the content of campaigns created by members.

  • Flow reserves the right to reject campaigns that are considered misleading, fraudulent, or that violate local regulations.

  • Communications sent by Flow comply with applicable data protection and privacy laws in each country, including the General Data Protection Regulation (GDPR) in the EU.

  • Flow will not share or sell users' personal data to third parties without their explicit consent.

For more details on how we use user information, please refer to our Privacy Policy.

2.4 Service Availability

  • Fusion Projects LLC operates and provides its services to businesses in the United States and Spain.

  • We reserve the right to modify, suspend, or discontinue our services in whole or in part at any time and without prior notice when there are justified reasons for doing so.

2.5 Acceptable Use of the Service

By using our services, members must comply with the following rules:

  • Do not use the platform for fraudulent, illegal, or misleading activities.

  • Do not share user data without consent, in accordance with applicable privacy regulations.

  • Comply with local regulations on commerce and data protection.

If we detect misuse of the service, we reserve the right to suspend or cancel the account of the involved user or business.

2.6 Service Limitations

  • Each user is responsible for defining and managing their own usage rules for their events, classes, playlists, and academic programs.

  • In case of technical failures or service interruptions, we commit to making our best efforts to restore functionality as soon as possible, but we do not guarantee continuous availability.

3. User Registration and Accounts

To use the services of Fusion Projects LLC, end customers must accept these Terms and Conditions at the time of registration.

3.1 User Registration

Users can register through our mobile application, where they must:

  1. Complete the online registration form with the required information.

  2. Accept these Terms and Conditions.

  3. Once registration is complete, their account will be automatically approved.

Accounts and Administration

  • Each user can manage multiple events, classes, academic programs, and playlists from a single account.

  • An administration panel will be provided to each user, from where they can manage their customers, promotions, and rewards.

  • Users can request Flow to send personalized promotions to their registered customers on the platform.

3.2 Account Cancellation

Users

  • Users can cancel their account at any time through our mobile application.

  • Account cancellation implies, according to the regulations of each country, the total or partial deletion of all data associated with the member, including personal data, sessions, congresses, events, playlists, promotions, followers, photos, and images.

Suspension and Deletion of Accounts for Violations of Terms

Fusion Projects LLC reserves the right to suspend or delete any account in case of:

  • Fraudulent use of the platform.

  • Violation of these Terms and Conditions.

  • Violation of applicable data protection regulations in each jurisdiction.

4. Responsibilities and Obligations

4.1 Responsibilities of Fusion Projects LLC

Flow commits to:

  • Provide a digital platform for managing dance sessions, congresses, events, and Spotify and Apple Music playlists.

  • Ensure data security and privacy in compliance with applicable data protection laws.

  • Keep the platform operational, except in cases of maintenance, technical failures, or force majeure.

  • Provide technical support to users for using the platform.

Flow is NOT responsible for:

  • The administration of sessions, events, congresses, academic programs, and playlists.

  • The accuracy of information provided by users or end customers.

  • Any dispute between a promoter and their end customers.

  • Failures in integration with Stripe, Amazon, Google due to changes in the policies of these platforms.

4.2 Responsibilities of Promoters, Teachers, Academies, and DJs

Promoters, teachers, academies, and DJs who use Flow to manage their programs, events, academic programs, and playlists must:

  • Use the platform legally and in accordance with these Terms and Conditions.

  • Not share or sell customer data without their consent.

  • Provide clear and accurate information to customers about the conditions of their services.

  • Not use the platform to send unauthorized messages, misleading advertising, or spam.

If a user fails to meet these responsibilities, Flow reserves the right to suspend or cancel their account.

4.3 Responsibilities of End Customers

End customers who use the Flow platform must:

  • Provide accurate information when registering.

  • Not use the platform for fraudulent purposes.

End customers understand and agree that:

  • Promoters, teachers, academies, and DJs are solely responsible for managing their services.

  • Flow does not intervene in disputes between customers and providers.

  • They can request the deletion of their data from Flow at any time.

4.4 Limitation of Liability

Flow does not guarantee that the service will be error-free, uninterrupted, or free from technical failures at all times.

In no event shall Flow be liable for:

  • Loss of data due to technical failures or external attacks.

  • Economic losses resulting from the use of the platform.

  • Changes in the policies of Stripe, Amazon, and Google that affect the integration of their services.

Support and Resolution of Failures

Flow commits to making its best efforts to resolve any technical failure affecting the service as soon as possible. However, Flow does not guarantee specific resolution times and will not be liable for damages or losses resulting from interruptions on the platform.

5. Data Protection and Privacy

5.1 Collection of Personal Data

Flow collects and processes personal data from two types of users:

  • Users who register on the platform.

  • End customers who register for events and congresses.

The personal data collected includes:

  • Name, phone number, email, country, state, and city.

Flow does NOT collect or store financial data from end users, as these data are managed directly with our payment service through Stripe.

5.2 Purpose of Data Processing

Personal data is used exclusively for the following purposes:

  • Administration of loyalty programs, account management, and technical support.

  • Sending notifications about promotions and rewards.

  • Data analysis and market segmentation:

    • Flow may process data in an aggregated and anonymized manner to analyze consumption trends, market segmentation, and optimization of loyalty strategies.

    • In no case will these analyses include personally identifiable information without the user's consent.

Data will NOT be sold or shared with third parties without the user's consent, except where required by law.

5.3 users' Rights over their Data

In accordance with the GDPR (EU), users have the right to:

  • Access their personal data.

  • Rectify any incorrect information.

  • Request the deletion of their data.

  • Restrict or object to the processing of their data for commercial purposes.

Exercise of Rights:

  • They must contact Flow to exercise their rights over their data.

  • Cases related to the platform: Users can send a request tocontact@getflow.dance for platform-related issues.

5.4 Responsibility of Businesses in Data Protection

Users who use Flow to manage their events and congresses are responsible for complying with data protection regulations applicable in their respective countries, including:

  • General Data Protection Regulation (GDPR) in the European Union.

  • Other local privacy and data protection regulations.

Flow will not be responsible for the misuse of customer data by a promoter, teacher, or academy.

5.5 Data Security and Storage

  • Flow implements standard security measures to protect data from unauthorized access.

  • Data collected may be stored on servers inside or outside the European Union, depending on operational needs.

  • Although Flow takes reasonable security measures, it cannot guarantee absolute protection against cyber-attacks or unauthorized access.

5.6 Data Retention and Deletion

  • User data will be retained for 90 days after account cancellation.

  • After this period, data will be anonymized and used only for statistical and trend analysis.

5.7 International Data Transfers

Fusion Projects LLC operates internationally and may store and process personal data on servers located inside and outside the European Union, including the United States (AWS) and Spain.

Users in the European Union (GDPR):

In accordance with the General Data Protection Regulation (GDPR), when personal data is transferred outside the European Economic Area (EEA), Flow implements the following measures to ensure the security and legality of these transfers:

  • Use of AWS as a storage provider, which offers Standard Contractual Clauses (SCCs) approved by the European Commission.

  • Application of data encryption in transit and at rest to ensure the security of stored information.

  • Implementation of access controls and auditing in the AWS infrastructure.

6. Intellectual Property and Use of the Platform

6.1 Intellectual Property Rights of Fusion Projects LLC

  • Fusion Projects LLC is the sole owner of the intellectual and industrial property rights over the platform, its software, designs, logos, trademarks, and any content related to the service.

  • The use of the platform by users and end customers does not grant any ownership rights or licenses over Flow's technology, except with express written authorization.

  • It is strictly prohibited to copy, modify, distribute, sell, or sublicense any part of Flow's software without express consent.

6.2 Authorized Use of the Platform

Users and end customers may use the platform exclusively for viewing or promoting their events, congresses, classes, and academic programs as provided in these Terms and Conditions.

It is not allowed to:

  • Attempt to access, manipulate, or modify the platform's source code.

  • Use the platform to send fraudulent, misleading, or spam content.

  • Copy or replicate Flow's functionalities to create a similar service or direct competition.

  • Perform reverse engineering, decompile, or extract confidential information from the system.

Fusion Projects LLC reserves the right to suspend or cancel access for any user who violates these conditions.

6.3 Content Generated by Promoters, Teachers, DJs, and Academies

  • Promoters, teachers, DJs, and academies can upload content to the platform, such as trade names, logos, promotions, and personalized messages for their customers.

  • By uploading content, businesses grant Flow a non-exclusive, worldwide, and free license to host and display such content within the platform.

  • Flow is not responsible for user-generated content and reserves the right to remove any content that violates third-party rights or is illegal.

6.4 Use of Data Generated on the Platform

  • Promoters, teachers, DJs, and academies can access and use data generated on the platform, including customer statistics, consumption trends, and loyalty metrics, solely for their internal use and business analysis.

  • The resale, distribution, or commercialization of these data without Flow's express authorization is prohibited.

6.5 Protection of Trademarks and Third-Party Rights

  • Users guarantee that the content they upload to the platform does not infringe copyright, trademarks, or other third-party rights.

  • Flow may request the removal of any content that infringes intellectual property rights without prior notice.

  • If a third party believes that their intellectual property has been violated on the platform, they can contact contact@getflow.dance to report the infringement.

6.6 Legal Consequences in Case of Misuse

Flow reserves the right to take legal action in case of:

  • Unauthorized use of Flow's software or trademark.

  • Fraudulent access or manipulation of the system.

  • Misuse of data generated on the platform.

  • Violation of third-party intellectual property rights.

Depending on the severity of the infringement, Flow may:

  • Suspend or cancel the account of the infringing user or business.

  • File civil or criminal lawsuits in applicable jurisdictions.

  • Seek compensation for damages caused by the misuse of the platform.

7. Liability and Exclusion of Warranties

7.1 Limitation of Liability

Fusion Projects LLC provides its platform and services "as is" and "as available" without explicit or implicit warranties regarding its uninterrupted or error-free operation.

Flow is NOT responsible for:

  • Loss of data, income, or indirect damages resulting from the use or inability to use the platform.

  • Technical failures, interruptions, or errors on the platform, including issues with third parties such as Stripe, Amazon, or Google.

  • Misuse of the service by users and customers.

  • Actions of third parties, including fraud, cyber-attacks, or any event beyond Flow's control.

Economic Liability Limit:

  • In no event shall Flow's liability exceed the total amount paid by users in the last two (2) months prior to the incident.

  • Flow will not refund payments in case of prolonged failures or service interruptions.

7.2 Exclusion of Warranties

Flow does NOT guarantee that:

  • The platform will operate without interruptions, errors, or vulnerabilities.

  • Stripe, Amazon, and Google services will always be available.

Users use the platform at their own risk and agree that Flow is not responsible for the quality of services provided by promoters, teachers, DJs, and academies.

7.3 Force Majeure

Flow will not be liable for service failures caused by events beyond its control, including:

  • Natural disasters, fires, floods, earthquakes.

  • Cyber-attacks, failures in communication networks or technological infrastructure.

  • Changes in regulations or policies of third parties (Stripe, Amazon, Google, Apple, government laws, etc.).

In case of force majeure, Flow will make its best efforts to restore the service, but will not offer economic compensation for interruptions.

8. Dispute Resolution and Applicable Law

8.1 Applicable Law

These Terms and Conditions are governed and interpreted in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

If any provision of these terms is deemed invalid or unenforceable under applicable law, such provision will be removed without affecting the validity of the rest of the agreement.

8.2 Dispute Resolution

In case of controversy or dispute arising from the use of the platform, the parties agree to the following dispute resolution procedure:

  • Direct Negotiation:  a. Before initiating any legal action, the parties will attempt to resolve the dispute in good faith through informal negotiations. b. Businesses and customers can send their claims to contact@getflow.dance within 30 days from the event that gave rise to the dispute.

  • Mandatory Arbitration for Users:  a. If no solution is reached in direct negotiation, any dispute with a registered user on the platform will be submitted to binding arbitration in the State of Delaware. b. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. c. Maximum amount for arbitration: Arbitration will be mandatory for disputes not exceeding $25,000 USD. For disputes exceeding this amount, Flow and the business may choose to resolve the conflict in Delaware courts. d. Arbitration language: The arbitration will be conducted in English, unless both parties agree to another language. e. Arbitration format: Arbitration hearings may be held virtually or in person in Delaware, as determined by the arbitrator or by agreement of the parties. f. Arbitration costs: Arbitration costs will be shared between both parties, unless the arbitrator determines otherwise. g. Prohibition of class actions: Class actions against Flow are not allowed.

  • Jurisdiction for Users:  a. For disputes with users that are not resolved through direct negotiation, the applicable jurisdiction will be the competent courts of the State of Delaware, USA, except in cases where the user's local laws establish a different forum. b. In the European Union, end customers may file claims with local consumer protection authorities or courts in their country if the regulations grant them that right. c. This does not prevent Flow from seeking the application of Delaware law in cases where it is applicable.

8.3 Prohibition of Class Actions

  • Users expressly waive the right to file class actions against Fusion Projects LLC.

  • Any claim must be resolved individually, either through arbitration or in courts according to the applicable jurisdiction.

  • This prohibition aims to avoid mass litigation and promote quick and efficient solutions in dispute resolution.

9. Modifications to the Terms and Conditions

9.1 Flow's Right to Modify the Terms

  • Fusion Projects LLC reserves the right to modify, update, or replace these Terms and Conditions at any time to reflect changes in the platform, legal compliance, or business policies.

  • Modifications will take effect upon their publication on Flow's website, unless otherwise stated.

9.2 Notification of Changes

  • In case of substantial modifications affecting the rights of users or businesses, Flow will notify the affected parties at least 15 days in advance through:

    • Registered email.

    • Message within the platform (Flow mobile application).

  • If the user or business continues to use the platform after the effective date of the changes, it will be considered that they have accepted the new terms.

9.3 Option to Reject and Cancel

  • If a business or end customer does not agree with the modifications, they may cancel their account before the new terms take effect, without penalty.

  • Cancellation must be requested in writing to contact@getflow.dance.

10. Contact and Support

10.1 Official Contact Information

For any inquiries, information requests, or technical support, users can contact Flow through the following means:

10.2 Inquiries about Data Protection

Users who wish to exercise their rights of access, rectification, or deletion of personal data can contact:

Customers applicable to the Stripe payment system:

  • They must contact Stripe directly.

Businesses and general privacy matters:

10.3 Service Hours

  • Monday to Friday: 9:00 AM - 6:00 PM, Eastern Time, USA.