License Agreement and Terms of Use

All references in these terms of use, conditions of sale, and License Agreement “the Agreement” to the “website” refer to flowcog.com; the “company”, “Company”, “we”, “us”, “our” all refer to Sound Onyx Inc, d/b/a FlowCog; “you” and “your” refer to you, the user/buyer; the “product”, “products”, “Product”, “model” or “Model” refers to the FlowCog Google Sheet, Google Sheet Add-On, and Google Slides you gain access to from the website, and “services” refers to any consulting services or advice, whether written, oral, or electronic.

By using or accessing our website, model, or services and/or placing any order, you agree to be legally bound by these terms of use, conditions of sale, and License Agreement.

This License Agreement (“the Agreement”) is between you, the licensee, and the Company, a corporation headquartered, registered, and organized under the laws of the state of Texas. The Company owns the model and any edits, additions, customizations, and services delivered under this Agreement. This Agreement grants you a non-exclusive, non-transferable right to use and incorporate the Model and Service in personal and corporate projects for the organization that purchased the Model and/or Service.

You agree as follows:

Scope of Use
– Use and incorporate the model and/or services in personal and commercial projects for your company including financial models, business plans, pitch decks, etc.
– You may modify the model and/or services to better serve your project.
– You are granted usage of the model and/or services within your organization.
– If an organization is the licensee, all employees of the organization may use the same license.

Limitations and Non-use
– You may not redistribute, sublicense or resell the model and/or services.
– You may not distribute, license or sell derivative, recompiled, reverse engineered, or modified versions of the model and/or services.
– You may not use the model and/or services as in projects for other organizations.
– If your customers would like to use the model and/or services as a part of their own product, you must obtain a separate license for each client.
– The model and/or services is provided “as is” without a warranty of any kind, either expressed or implied.
– The Company owns all right, title, intellectual property, and interest in the model and/or services.
– The structure, formulas, design, text, graphics, selection and arrangement in the model and/or services are the copyright © of the Company, all rights reserved.
– The Company’s liability to you for costs, damages, or other losses arising from your use of the model and/or services — including third-party claims against you — is limited to a refund of your license fee of the model and/or services and the fees paid related to the model and/or services in question. The Company may not be held liable for any consequential damages related to your use of the model and/or services.

FlowCog is not a CPA firm or an investment advisory firm and is not engaged in the practice of public accounting or investment management. Our model and services are not intended to provide investment, financial, legal, or tax advice. FlowCog and its employees are not tax advisors, brokers, or financial planners. Results produced by the model may be misleading, so before any final decisions you should consult with your financial advisors or accountants who better understand your company’s unique and specific situation.

No information contained herein or obtained from FlowCog or flowcog.com should be considered as financial, investment, accounting or tax advice, nor should it be considered a substitute for such advice. Models are estimates, and no guarantee is made in terms of precision or accuracy of the model’s results. We do not accept any liability for damages in using the model or our services. FlowCog and its website property, flowcog.com is not a CPA firm or an investment advisory firm and is not engaged in the practice of public accounting or investment management.

We retain all right, title and interest in and to the products, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, spreadsheet methods, and all related intellectual property rights. Except as otherwise provided in this Agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our model; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our model; or (iii) circumvent or disable any security or technological features of our model.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE PRODUCT, SERVICE, AND WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TEXAS LAW AND JURISDICTION. THIS AGREEMENT AND ANY AMENDMENTS HERETO WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. ANY ACTION TO ENFORCE THIS AGREEMENT MUST BE BROUGHT SOLELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE CITY OF AUSTIN, TEXAS.

You agree to service of process at the e-mail address on your original order. Notices may be sent to FlowCog by email to [email protected], or by post to FlowCog, P.O. Box 1161, Austin, TX 78767, USA.

Intellectual Property Rights

We retain all right, title and interest in and to the products, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, spreadsheet methods, and all related intellectual property rights. Except as otherwise provided in this Agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our model; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our model; or (iii) circumvent or disable any security or technological features of our model.

Returns, Refunds, and Exchanges

We do not offer refunds, and cannot accept returns for any reason. Please contact us at [email protected] if you have any questions regarding this policy.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS AND SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO US FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

Indemnification

You shall defend, indemnify and hold us and our officers, directors, shareholders, and employees, harmless from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the website or your use of the model and services.

Jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, the laws of The United States of America. Disputes arising here from shall be exclusively subject to the jurisdiction of US courts.

Entire Agreement

These terms and conditions and the Agreement represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these terms and conditions.