April 1, 2024
Your privacy is important to Function Flo Corporation (“Function Flo”). This Function Flo Privacy Policy (“Privacy Policy”) describes how Function Flo may collect, use, store, disclose, and process your personal information, through your access to or use of Function Flo products and services, including those at https://www.functionflo.com, related websites, mobile software applications, and other offerings (collectively, the “Services”) or being a customer of a user of our Services (“Customer”). If you are a Customer, Function Flo will generally not collect your personal information directly from you. Your agreement with the relevant user of the Services should explain how such user shares your personal information with Function Flo, and if you have questions about this sharing, then you should direct those questions to the user of the Services. By using these Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Services. Function Flo may change this Privacy Policy from time to time by posting changes at this URL and may send notification emails. Your continued use of the Services following the posting of such changes will be deemed your acceptance of those changes.
Function Flo encourages you to read this Privacy Policy in its entirety, but here are a few key points of our privacy practices:
Privacy Policy Applicability
This Privacy Policy applies when you access the Services or share information with Function Flo, and may be revised at any time. As a processor of transactions and provider of the Services, we may collect, use and disclose personal information about Customers when we act as a provider of Services to other users. More
Information We Collect from You
We collect all information that you provide including information you provide via the Services, your devices (e.g., computers, smartphones, and tablets), telephone and email, as well as information we receive from partners and through the use of cookies and other such technologies. If you are a Customer of a user of the Services, when you make payments or conduct transactions through a user’s website or application or device or order goods or services at such user’s physical restaurant location, we will receive your transaction and personal information. More
How We Use Your Information
We process your personal information with your consent or as needed to provide you or other users the Services. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers or users, or the public, or for other legitimate interests of Function Flo as further described below. More
How We Share Your Information
We share your information with our partners, service providers, contractors, agents and third party vendors as they need it to fulfill Services or orders, or for other requests you make of Function Flo. We may also share your information to comply with law or for other legitimate interests. More
How We Store and Secure Your Information
Function Flo may store your information in any country where Function Flo or its affiliates, partners, or providers operate facilities, and will retain your information as long as necessary for the purposes outlined in this Privacy Policy. Function Flo takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification. More
Accessing and Updating Your Information
You can access, get copies of, delete, change or correct your personal information, or request changes to our use of your personal information by using the contact information below. If you are a Customer of a user of the Services, please direct your requests directly to such user. More
Additional Privacy Information
Function Flo’s databases are located in the United States and you consent to the transfer or your personal information from your location to the United States. The Services is not for use by children under the age of 13 years old. You may have additional rights under applicable law. If you have any questions about this privacy policy, please contact us via the information below. More
Privacy Policy Applicability
This Privacy Policy applies when you access the Services or share information with Function Flo, as indicated below or you are a Customer. By using the Services, you consent to this Privacy Policy, which may be updated by us at any time. If you do not consent to this Privacy Policy for any reason, please do not use the Services or share your information with us. Please note that this Privacy Policy applies only to the Services, and not to any other third party website linked to or from it, or any third party website in which Function Flo content or functionality is embedded. We do not control the privacy policies or practices of others.
As a processor of transactions and provider of the Services, we may collect, use and disclose personal information about Customers when we act as a provider of Services to other users.
Users of the Services are responsible for making sure that the Customer’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. To the extent that we are acting as a data processor for the user of the Services, we will process personal information in accordance with the terms of our agreement with the such user and such user’s lawful instructions
Information We Collect from You
In general, we receive and collect all information you provide via the Services, including through website input fields (including advertisements), phone, email (including email campaigns), web chat, or in other such ways. This includes personal information that can identify or relates to you, including but not limited to your first and last name, telephone number, IP, postal, and email addresses. You have the choice on what information to share and the services you want to engage. You can choose not to provide information to us, but in general some information about you is required in order for you to access certain functionality of the Services, such as those mentioned above or for tracking your preferences, subscribing to a newsletter, or initiating other such actions.
If you are a Customer of a user of the Services, when you make payments or conduct transactions through a user’s website or application or device or order goods or services at such user’s physical restaurant location, we will receive your transaction and personal information. Depending on how the user implements our Services, we may receive this information directly from you, or from the such user or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. The user of our Services will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by the user of the Services. When you make a transaction, we may also receive your name, email, billing or delivery address and in some cases your transaction history to authenticate you.
We also may periodically obtain information about you from affiliated entities, partners and other independent third-party sources and will add it to our database of information. For example, we may receive information about your interaction with advertisements on third party websites, including updated postal addresses and demographic information.
We may use cookies, log files, web beacons, device identifiers, advertising identifiers and similar tracking technologies, including those from third-party service providers like Google Analytics and other cloud-based tools, to automatically collect your preferences, performance data, and information about your web usage when you visit the Services. For example, we may collect your IP address, device and Internet service provider information, Web browser details and the address of any referring website. This may include collecting geolocation signals from your IP address or device settings to determine your location so that we may operate and personalize the Services for you, including to provide more relevant ads and search results. We may also collect information about your online activity, such as pages viewed and interactions with other users. The Services are not designed to recognize or respond to “do not track” signals received from browsers. You can control the information collected by such tracking technologies or be alerted when cookies are sent by adjusting the settings on your Internet browser or devices, but such adjustments may affect or disable certain functionality of the Services. You can learn more about Google Analytics and your options for opting out of interest-based Google ads at https://adssettings.google.com. You can learn more about targeted ads and your ability to opt out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices.
How We Use Your Information
We process your personal information with your consent or as needed to provide you Services. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers, or the public, or for other legitimate interests of Function Flo as described in this Privacy Policy.
More specifically, we may use your personal information to:
We use Square for payment, analytics and other business services. Square collects identifying information about the devices that connect to its services. Square uses this information to operate and improve the services it provides to Function Flo, including for fraud detection. You can learn more about Square and read its privacy policy at https://squareup.com/us/en/legal/general/privacy.
How We Share Your Information
We share your information with our partners, service providers, contractors, agents and third party vendors as needed to fulfill Services. Please note that our partners may contact you as necessary to obtain additional information about you, facilitate any use of the Services, fulfill orders, or respond to a request you submit.
Third-party vendors who provide product, services or functions on our behalf may include business analytics companies, customer service vendors, communications service vendors, marketing vendors, delivery, parcel, and transportation vendors, and security vendors. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of the Services, facilitate the delivery of orders, or provide online advertising tailored to your interests. Third-party vendors have access to and may collect personal information only as needed to perform their functions, may only use personal information consistent with this Privacy Policy and other appropriate confidentiality and security measures, and are not permitted to share or use the information for any other purpose. When we work with these third party vendors or service providers in our capacity as a data processor for your personal information, the General Data Protection Regulation calls these third-party service providers a sub-processor. Sub-processors are service providers who have or potentially will have access to or process personal information on behalf of Function Flo.
We also may share your information:
Other than as set out above, we will attempt to notify you when your personal information will be shared with third parties.
Personal Information You Post in Public Areas. When you post a message in a Function Flo forum, chat room, review, or customer feedback, the information you post may be accessible to other users of the Services and the public. If you post personal information anywhere on the Services that is accessible to other users or the public, you are advised that such personal information can be read, collected, used, or disseminated by others and could be used to send you unsolicited information or for other purposes. Accordingly, you assume full responsibility for posting such information and agree that Function Flo is not responsible in any way for personal information you choose to post in these public areas.
Aggregated Information. We may publish, share, distribute, or disclose personal information that has been aggregated with information from other users or otherwise de-identified in a manner that does not allow such data about you to be separated from the aggregate data and identified as originating from you, to third parties, including Function Flo partners, sponsors, and advertisers. Such information may help Function Flo identify and analyze training, demographic, and psychographic trends and information, and report to third parties how many people saw, visited, or clicked on certain content, areas of the Services, ads, or other materials. We may also use such data for research purposes.
How We Store and Secure Your Information
Personal information collected by Function Flo may be stored and processed in your region, in the United States, and in any other country where Function Flo or its affiliates, subsidiaries, or service providers operate facilities. Function Flo will retain your information as long as necessary for the purposes outlined in this Privacy Policy and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection or audit purposes, or as otherwise required by law.
Function Flo takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification. For example:
We rely on Microsoft’s security programs to protect personal information while stored in their respective controlled facilities. For more information on Microsoft’s security practices and processes, please see https://azure.microsoft.com/en-us/overview/security/.
Function Flo complies with applicable data protection laws, including applicable security breach notification requirements.
Accessing and Updating Your Information
To the extent provided by the law of your jurisdiction, you may (i) have the right to access certain personal information we maintain about you and request details about how we process it, (ii) request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, (iii) request that we update or correct inaccuracies in that information, (iv) object to our use of your personal information, (v) ask us to block or delete your personal information from our database, and (vi) request to download the information you have shared on the Services. You may make these requests and any other inquiries about this Privacy Policy by emailing legal@functionflo.com or calling us at (833) 504-4356. Any such requests are subject to the protection of other individuals’ rights and applicable law. Additionally, to help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.
If you are a Customer of a user of the Services, please direct your requests directly to such user. For example, if you are making, or have made, a purchase from a merchant using our Services and we are processing transaction information on behalf of such user, and you have a request that is related to the transaction information that you provided as part of the transaction, then you should address your request directly to the merchant.
Additional Privacy Information
Data Transfer. Our databases are currently located in the United States. Function Flo makes no claim that its Services are appropriate or lawful for use or access outside the United States. If you access the Services from outside the United States, you are consenting to the transfer of your personal information from your location to the United States. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and access to the Services. By sending us your information, you further consent to its storage within the United States. Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use one or more of the following mechanisms: EU Standard Contractual Clauses with a data recipient outside the European Economic Area or the UK, or verification that the recipient has implemented Binding Corporate Rules.
Collection of Data from Children. The Services are not directed to children, and you may not use the Services or provide any personal information to Function Flo if you are under the age of 13 or if you are not old enough to consent to the processing of your personal information in your country.
Your California Privacy Rights (“Statement”).
Statement as required by the California Consumer Privacy Act of 2018 (“CCPA”)
The provisions below supplement the information provided above and apply solely to individuals that are residents of California and qualify as a “Consumer” under the CCPA. This Statement provides additional information about how we collect, use, disclose and otherwise process the personal information of these individuals, either online or offline, within the scope of the CCPA. Any terms defined in the CCPA or as otherwise defined in our Privacy Policy have the same meaning as used in this Statement.
When we use the term “personal information” in this Statement, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
A.) CCPA personal information table
The below table summarizes:
Please see the other sections of this Privacy Policy for additional information on Function Flo’s information practices, including more detail on how we use and disclose your personal information.
Identifiers, such as your name, address, phone number, email address, date of birth or other similar identifiers
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
California Customer Records (Cal. Civ. Code § 1798.80(e))
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
Protected Classification Characteristics
Collected: Yes
Categories of sources:
Commercial or business purpose:
To provide, maintain and support our Services
How we disclose your personal information:
Commercial Information
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
Biometric Information
Collected: No
Internet/Network Information
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
Geolocation Data
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
Sensory Information
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
Profession/Employment Information
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part 99)
Collected: No
Inferences
Collected: Yes
Categories of sources:
Commercial or business purpose:
How we disclose your personal information:
B.) Categories of personal information sold
Function Flo does not “sell” personal information as most individuals would typically understand that term. However, we do allow certain third-party advertising partners to collect information about Consumers through our Services for purposes of serving ads that are more relevant and other personalization features, for tracking and analytics, and for fraud detection and reporting. The categories of personal information impacted may include:
Each of the above categories of information may be disclosed to our third-party service providers or business partners depending on the nature of a user’s interaction. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see our Privacy Policy section titled “Information We Collect From You” for more information including how to exercise your rights to opt-out of cookies, analytics and personalized advertising. To the extent that these practices qualify as “sales” under the CCPA, you may have the right to opt out as described in the “How to invoke your rights” section below. Function Flo has no actual knowledge that the “sales” described above include the personal information of individuals under 16 years of age.
A number of individual rights are available to individuals under the CCPA relating to personal information that we have collected (subject to certain limitations at law), including:
Please note that your ability to invoke the rights above are limited pursuant to the scope and limitations of the CCPA, including any available exceptions. For example, an access request can only be made twice by a Consumer within a 12 month period.
Function Flo has established an individual rights portal for the purposes of submitting your individual rights requests above. The link to Function Flo’s individual rights portal can be found here. Individual rights requests can also be submitted to Function Flo through the below channels:
Once an individual rights request has been submitted, Function Flo may ask you for additional information in order to verify your identity or to provide additional details to help us respond to your request. This may include your name, email address, phone number or other details related to your use of Function Flo’s Services. Where applicable, these requests can be submitted by an authorized agent through the channels described above in accordance with the applicable law. Please note that in certain circumstances, we may refuse to act or impose limitations on your rights, as permitted by the applicable law.
As noted above, we do not “sell” personal information as traditionally defined, but certain third-party advertising practices may qualify as “sales” under the CCPA. To the extent applicable, an opt-out mechanism has been provided in the “Categories of personal information sold” section above. You do not need to create an account with us to exercise your right to opt out of personal information sales. However, if applicable, we may ask you to provide additional personal information so that we can properly identify you in our dataset and to track compliance with your opt out request. We will only use personal information provided in an opt out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our systems. Once you make an opt-out request, you may change your mind and opt back in to future personal information sales at any time by contacting us at legal@functionflo.com.
We will update this Statement from time to time. When we make changes to this Statement, we will change the “Last Revised” date at the beginning of this Privacy Policy. All changes shall be effective from the date of publication unless otherwise provided in the notification.
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us or write to us at the addresses below.
How to Contact Us. You can call us at (833) 504-4356, e-mail us at legal@functionflo.com or write to us at Function Flo Corporation, Attn: Privacy Dept., 1807 Crooked Lane, Austin, Texas 78741. Depending on where you are located, you may also have a right to complain to your local data protection regulator.
Download a copy of this Privacy Policy
Revised April 1, 2024
1. ACCEPTANCE OF TERMS
Function Flo Corporation (“Function Flo,” “we,” “us,” or “our”) provides technology-enabled services, including the Software as a Service offering branded as Function Flo, the website at https://www.functionflo.com, any Mobile Apps (as defined below), digital ordering features that Function Flo offers to Merchants (as defined below), including a Merchant’s online ordering page and order & pay at the table features (collectively “Digital Ordering”); and Payment Transactions facilitated on the Function Flo point of sale or via Function Flo’s scan to pay feature (“Point of Sale”), and other related software, content, and services, including all versions and upgrades thereto, which allow you to engage directly with us or through a merchant customer (“Merchant”) that uses Function Flo (collectively, the “Services). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”). Function Flo may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available Function Flo.
PLEASE REVIEW THIS TOS CAREFULLY. BY (i) CLICKING ON THE “I AGREE,” “SUBMIT,” OR SIMILAR BUTTON ON OUR WEBSITE, ONLINE ORDERING PAGE, MOBILE APP OR OTHER FEATURE OFFERED UNDER OUR SERVICES; OR (ii) REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. YOU ALSO AGREE THAT CLICKING ON THESE BUTTONS ON THE WEBSITE, ONLINE ORDERING FEATURE, MOBILE APP OR REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE TO THIS TOS OR OTHER SUCH DOCUMENT DISPLAYED WITH THE BUTTON(S) AND RELATING TO THE SERVICES. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE ON THIS TOS AND ANY OTHER DOCUMENT SHALL HAVE THE SAME LEGAL EFFECT UNDER STATE AND FEDERAL LAW AS IF YOU SIGNED THE DOCUMENTS IN INK ON PAPER. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. When you pay for a Purchase made through Point of Sale, the Mobile Apps, or Digital Ordering, you authorize Function Flo to charge your credit or debit card or other permitted payment method (“Payment Method”) on behalf of the participating Merchant from which you are making a purchase.
2. SERVICES; RIGHTS
When you create an Account, we will ask you for certain personal information such as your name, mobile number, and email address, which will be stored with Function Flo to facilitate your transactions. You may also choose at any time to store Payment Method information, which can be used to pay for future Purchases. Information on how we collect, use, disclose, store, share, and process the personal information you provide to us can be found in Section 3 below. You agree to provide true, accurate current and complete information for your account registration, and you agree not to misrepresent your identity or your Payment Method information. It is your responsibility to keep the information you provide us up-to-date and accurate.
Function Flo may, in its sole discretion, terminate or refuse to approve registrations for Function Flo Digital Ordering Accounts with or without cause or notice, other than any notice required by law.
Only you have the right to access and use your Account. You are responsible for ensuring that your login information and Payment Method information remain confidential at all times. Function Flo will assume that if your login or Payment Method are used to access the Services, the user has the legal authority to use such login or Payment Method. If you become aware of unauthorized use of your login or Payment Method, you agree to notify Function Flo immediately by email at legal@fucntionflo.com. You remain liable for any activity on your Account until such time as Function Flo has been notified and has had an opportunity to take appropriate action.
Some Digital Ordering features may allow you to place multiple orders as part of one Purchase. When you open a check, you may be required to provide payment information prior to completing your Purchase. By providing your payment information for pre-authorization, you agree to pay the total amount shown when you submit the final portion of your order. If you fail to complete payment for your Purchase, the Merchant may be able to charge your payment method after a certain amount of time has passed.
You may enroll in a Merchant’s loyalty program by signing up at the Merchant or while placing an order, subject to the Merchant’s terms and conditions related to its loyalty program. Once you have enrolled, you may earn points when you make Purchases from Merchants, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with the Purchase may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for a Merchant’s loyalty program.
If you choose to enroll in a Merchant’s loyalty program, you agree that the Merchant may contact you using the contact method(s) you provide with program information, offers, and other marketing and transactional communications. Any information shared by Function Flo with Merchants is subject to our Privacy Policy (as defined in Section 3 below). Once a Merchant has received information you provide from Function Flo, the use and governance of that information will be managed by the Merchant, which may have separate terms and conditions and privacy practices and policies. Function Flo does not authorize Merchants to send marketing messages to your mobile number. Merchants may not send marketing messages to your mobile number unless you expressly authorize the Merchant to send you such messages.
Each Merchant is solely responsible for the operation and maintenance of its own loyalty program, including establishing the number of points that you may earn when you make Purchases, setting redemption thresholds, and determining how and when points may be redeemed for rewards. Merchants have the ability to modify their loyalty programs and/or to modify the points balance held by any individual Guest. Function Flo is not responsible for notifying you in the event that the Merchant changes any element of its loyalty program or ceases to offer a loyalty program. The Merchant is solely responsible for communicating program or points balance changes to you.
Points earned through any loyalty program offered by Function Flo or a Merchant using Function Flo have no cash value and cannot be transferred, redeemed, or sold for cash. Subject to notice requirements under applicable laws and regulations, Function Flo reserves the right, in its sole discretion and at any time, to modify, suspend, terminate, revalue or cancel its own loyalty program and/or the technology services that enable Merchants to offer loyalty programs through the Services. In the event Function Flo terminates any loyalty program offered by Function Flo or by a Merchant, Function Flo will, in accordance with the applicable laws and regulations, maintain records of Guest’s loyalty points for one year following termination of the loyalty program in the event the loyalty program is reinstated within one year of termination. Function Flo reserves the right to adjudicate any discrepancies or disputes regarding rewards allocations or these program terms in its sole discretion and you agree to abide by any such adjudication.
You can close your account by emailing legal@functionflo.com. In certain cases, we may not allow you to close your Account, including without limitation, (a) to evade an investigation; (b) you have open or pending Purchases or Payment Transactions; or (c) if you owe money to Function Flo or a Merchant due to your use of the Services.
3. PRIVACY POLICY
In addition to this TOS, the Function Flo Privacy Policy at https://www.functionflo.com/privacy (“Privacy Policy”) applies to how Function Flo may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Function Flo may receive certain information about you, including personal information, as set forth in the Privacy Policy, and Function Flo may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.
4. PROPRIETARY RIGHTS
Function Flo does not review, pre-screen or filter all User Content, or Third-Party Services, but we do reserve the right to delete or refuse to accept any User Content or Third-Party Services in our sole discretion. In addition, Function Flo has the right (but not the obligation) in our sole discretion to reject or delete any content that we reasonably consider to be in violation of this TOS or applicable laws and regulations.
5. USER CONDUCT AND RESTRICTIONS; PERMITTED ACTIVITIES
6. PURCHASES; PAYMENT TRANSACTIONS; ORDER TERMS AND PROMOTIONS
7. FEEDBACK
If you elect to provide or make available to Function Flo any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Function Flo shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
8. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES (INCLUDING MERCHANTS)
The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that Function Flo does not endorse and is not responsible or liable for any issues related to Third Party Services, including without limitation liability for any errors or omissions in any Third Party Services or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third Party Services posted, emailed, linked or otherwise transmitted via the Services. Furthermore, Function Flo does not guarantee the accuracy, integrity or quality of any Third Party Services, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third Party Services, you fully assume the risk of doing so.
9. INDEMNIFICATION
You shall indemnify and hold Function Flo and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Function Flo Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to Function Flo; (b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Services, except as expressly permitted in this TOS.
10. DISCLAIMER OF WARRANTIES
11. LIMITATION OF LIABILITY
12. TCPA/ELECTRONIC COMMUNICATIONS (E-SIGN DISCLOSURE AND CONSENT)
It is your responsibility to keep your email address accurate and up to date so that Function Flo can communicate with you. You can update the email address associated with your Account by logging in and accessing the “Profile” section within the Mobile App or any online ordering page.
All Communications sent in electronic format will be considered to be in “writing and are considered received by you upon posting through our website or Mobile App, or sending such Communications to you via electronic email or SMS, regardless of whether you have accessed that Communication.
13. SUSPENSION AND TERMINATION
14. GOVERNING LAW
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
16. LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are accessed or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
17. U.S. GOVERNMENT ENTITIES
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
18. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Function Flo’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Function Flo’s Agent for Notice of Copyright Claims. Function Flo’s Agent for Notice of Copyright Claims can be reached as follows:
Function Flo Corporation
C/o Agent for Notice of Copyright Claims
1807 Crooked Lane, Austin, Texas 78741
Email: legal@functionflo.com
19. CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. GENERAL PROVISIONS
This TOS constitutes the entire agreement between you and Function Flo concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Function Flo with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Function Flo. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Function Flo. The failure of Function Flo to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Function Flo hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
