Last Updated: April 20, 2024
Thanks for using Flower.AI! These Flower.AI Terms of Use (as amended from time to time, the “Terms”) are applicable to Flower.AI and related contents, features and functionality (together, the “Services”) provided to users (“you” or “your”) by Xiaobin Wu, the developer (“we”, “our” or “us”).
These Terms form a contract between you and us, which does not require any physical, electronic or digital signature. Your consent to these Terms constitutes the prerequisite for you to use Flower.AI and/or our Services, so please read these Terms carefully before using.
Use of Flower.AI (including but not limited to download, installation, browse, activation, registration, login, use, paying for use) by you signifies your agreement to these Terms. If you do not accept these Terms, you shall not use Flower.AI in any manner.
Any user who has not created an account with Flower.AI will become a non-registered user from the moment Flower.AI is used by them, and shall abide by all the terms herein other than those applicable to registered users.
If you continue to use Flower.AI and/or our Services after these Terms have been updated, you shall be deemed to have agreed to be bound by the updated version hereof. If you do not agree, you shall cease using Flower.AI, or you may use the pre-update version (but only to the extent technologically plausible).
We attach great importance to the protection of user personal information. We will collect, use, preserve and share your personal information in accordance with these Terms, our Privacy Policy and applicable laws. We may synchronize your personal information among your different mobile devices, in order to provide you with better services.
You shall read and agree to our Privacy Policy before using Flower.AI. Using Flower.AI suffices the consent to our Privacy Policy. If You do not agree to the terms thereof, you shall immediately stop accessing or using Flower.AI.
For details, please review our Privacy Policy.
3.1 The official Flower.AI mobile application is available on Apple App Store. Apple App Store is the only authorized channel to download the Flower.AI app. We do not recognize the validity of any products and/or services that you has obtained through any other channels, or any products and/or services not within our official price range. We shall have the right to refuse to provide services to users of such products and/or services. All risks and liabilities arising therefrom shall be assumed by you. If you are not able to determine whether a particular channel is authorized or whether a particular product and/or service are our official Services, you may contact us.
3.2 You shall only use our Services provided in Flower.AI, and any contents separated from Flower.AI by malicious and/or illegal means shall not be deemed as Flower.AI and/or our Services as agreed herein. All legal consequences arising therefrom shall be borne by the perpetrator, and we will seek legal recourses against them in accordance with applicable laws.
3.3 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use Flower.AI and/or the search feedback derived therefrom (the “Derivative Contents”); however, you have no title or intellectual property rights in any of the Derivative Contents.
3.4 We reserve the right to stop or amend any of our Services in our sole discretion without prior notice to you. We will not be liable if for any reason all or any part of Flower.AI and/or our Services are unavailable at any time. From time to time, we may restrict all or any part of any user’s access to and/or use of Flower.AI and/or our Services.
3.5 Use of Flower.AI requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require completing updates or upgrades from time to time, so you ability to access and use Flower.AI may be affected by those factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
3.6 When using Flower.AI, you may access data or services provided by third parties (such as payment channels, third-party web links and third-party SDKs). You understand and agree that we will not be responsible for any liabilities arising out of or in connection with any third-party products and/or services, except as otherwise provided by applicable laws. You are kindly reminded to carefully read the service terms, privacy policies and other agreements from the third parties before using any of their products and/or services.
4.1 Account Registration
To fully access and use Flower.AI, you need to log in through your Google or Apple account, after which a Flower.AI account will automatically be created for you.
You understand and agree that the only legal way to obtain a Flower.AI account is to register through authorized Flower.AI channels. We do not guarantee the legitimacy or the functionality of any Flower.AI account obtained through unauthorized channels, and you shall take full responsibility for any deletion, cancellation, reset and suspension of the account arising therefrom.
When you use Flower.AI for the first time, a system pop-up window will ask for your consent to receive in-app push notifications from us. If, at any time, you decide to withdraw or grant consent, you may go to “Profile”, and then click “Settings” -- “Notifications” to manage your choice.
4.2 Account Management
You can log in through a Google or Apple account. You are not allowed to register any Flower.AI account by using false information, impersonating someone else or using someone else’s social media account. In case that you violate the above representations, we reserve the right to terminate our Services to you and to take proper actions (e.g., warning, restricting or prohibiting the use of any or all of the Flower.AI functions, terminating or deleting your account). We do not take any responsibility for any losses arising from your failure in providing true and accurate information or updating the information in a timely manner.
You understand and agree that the registration information submitted by you, such as user’s name and profile picture shall not contain any contents that violate applicable laws, social custom or that infringe upon the rights and interests of ours or others (check details at Copyright Policy [Place a hyperlink]). We have the right to review the legality of the registration information submitted by you, and we have the right to deny your registration. If an account has been registered, or if the registration information submitted by you is illegal or undesirable, we have the right to take measures such as giving you a warning, requesting for correction within a time period, and suspending or permanently terminating the account without notice, and all liabilities arising therefrom shall be borne by you.
You understand and agree that you will not maliciously register a Flower.AI account by any means or use Your Flower.AI account for illegal activities, disrupting, harassing, deceiving other users and/or other acts in violation of these Terms. We have the right to take due measures against your violation such as giving you a warning, requesting for correction within a time period, and suspending or permanently terminating your account. All liabilities arising therefrom shall be borne by you. Subject to applicable laws, we also have the right to report such acts to law enforcement or regulatory authorities.
4.3 Protection of Account
You understand and agree that ownership of your Flower.AI account is vested in us and that you only has limited access to it. You shall take responsibility for all actions taken under your account, and you shall keep the account secure, and shall not give, transfer, lend, lease, sell, share or use the account with others, or engage in any monetary transactions. Otherwise, we reserve the right to take proper measures for your violation, and all liabilities arising therefrom shall be borne by you.
If you find that your account has been stolen or has been used in an unusual and/or illegal manner by a third party, you shall immediately notify us; otherwise, all actions under your account will be deemed as your own. When you contact us, please provide evidence of your identity defined by applicable laws. If your identity is unverifiable, you may fail to pass the account security verification, as a result of which the account may not be retrieved and the relevant risks and losses arising therefrom will be borne by you.
4.4 Cancellation of Account
You may cancel your Flower.AI account at any time. Please note that cancellation of an account is irreversible, and that, once you cancel the account:
We cannot help you retrieve any content or information related to your account, such as your personal information and use records. You will not be able to continue to use the services which you have purchased even if you register a new Flower.AI account. Please proceed with caution. You are recommended to back up all information and data relating to the account before cancelation.
Your Flower.AI account shall meet all the following conditions in order to be cancelled:
If your Flower.AI account is associated with any dispute (including but not limited to complaint, whistle-blowing, litigation, arbitration, investigation by any government agencies or authorities), after you submit the cancellation request, we have the right to suspend or terminate the cancellation process.
Please note that cancellation of your Flower.AI account shall not release you from any liability arising out of or in connection with your use of the account prior to cancellation.
5.1 User Rights
5.1.1 You may only use Flower.AI for lawful purposes and to the extent expressly authorized by these Terms. During use of Flower.AI, you has the right:
In case that the contents that you upload are suspected of involving illegal, infringing, or otherwise unpermitted contents, we may take measures such as rejecting the upload, directly blocking and/or deleting relevant information, without prior notice. All adverse consequences shall be borne by you. We will not take responsibility for any losses caused by your violation of applicable laws. You shall also be responsible for eliminating the impact and compensating us for all losses arising therefrom, including but not limited to property damages, compensation for defamation, legal and counsel fees, and other reasonable fees we incur for the protection of our rights.
We are under no obligation to examine or verify any contents posted by you, and we assume no responsibility relating to any such contents nor do we assume liability for breach of any of your obligation(s) under these Terms. Notwithstanding the above, you understand and agree that we have the right to store the contents you upload. You hereby authorize us to reasonably access and use the contents you upload for purposes including but not limited to product analysis. You understand and agree that we reserve the right to delete any contents that you upload if such contents violate applicable laws, and we will not assume any responsibility if such deletion has an adverse impact on you. You are kindly reminded that any contents you upload shall be backed up if such contents are very important to you.
You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmission or data, any material or data sent or received or not sent or received through Flower.AI. Further, we shall under no circumstances be liable for any unlawful act of you including but not limited to misuse of any data, unfair trade practices, fraud, cybersquatting, hacking and other cyber-crimes punishable under applicable laws.
5.2 User Obligations
5.2.1 You understand and agree that you shall bear any and all telecommunication traffic charges (if any) occurred from your use of Flower.AI or our Services, and the telecommunication fees may be charged directly by network operators.
5.2.2 You understand and agree to abide by these Terms, review regularly and comply with all Terms of Use published and updated.
5.2.3 You understand and agree that, during use of Flower.AI, you shall comply with applicable laws, observe public order, respect social morality, and shall not endanger network security or use the Internet to engage in illegal activities. In the event that we reasonably believe that you have violated any applicable laws, we may terminate our Services to you without prior notice.
5.2.4 You understand and agree that you shall not engage in any of the following activities during use of Flower.AI:
5.2.5 You understand and agree that subject to applicable laws, your violations of applicable laws and these Terms, and infringement of our or other third-party’s rights and interests will be recorded by our device at back-end office and may be submitted to the relevant government authorities as evidence.
6.1 We will charge you fees for our value-added subscribed Services.
6.1.1 Subscribed Services are available in one-month/six-month/annual subscriptions. Please refer to the value-added Services and subscription page [Place a hyperlink] for details on the initial subscription and renewal rates. All rates indicated on such page are for our paid Services only and are exclusive of any taxes, charges, or fees that may be levied on your purchase. All rates indicated on such page are subject to changes with or without expressive notice.
Please note that a subscription for the value-added Services will be automatically renewed unless it is cancelled on or before the last day of the subscription period. As a result, we will bill you on the date of subscription and on each periodic renewal until cancellation.
6.2 We establish different rate standards depending on subscription period and may adjust the rates from time to time at our sole discretion.
6.3 You fully understand and agree that, the scope of our Services you have paid for is limited to those as described at the time of payment. Flower.AI and/or our Services may be updated or expanded from time to time. You need to make additional payment for such updated or expanded services, at the then effective price notified by Flower.AI.
6.4 If we come across any typographic errors with respect to pricing or services information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 90 business days of such corrective action taken.
6.5 You hereby confirm that you are not registered or required to be registered under the applicable laws and regulations governing goods and services tax (GST). Accordingly, you confirm that the goods and services tax is not applicable to the services provided by and/or to you through Flower.AI.
In the event that the goods and service tax is applicable on the services provided by and/or to you, you shall inform us about the same no less than 14 days in advance through written communication sent to our Customer Service Center [Place a hyperlink] along with details of your tax identification number assigned to you by the relevant tax authorities for the purposes of goods and services tax. Upon receipt of the written information, we shall collect goods and service tax at source in terms of the provisions of the local applicable laws at the relevant point in time and pass on the credit to you by filing the relevant returns.
It is hereby confirmed that we shall not be responsible for any of your tax liability arising from the services rendered by you through Flower.AI.
Further, in case of any tax, penalty or any other costs incurred by us due to non-compliance or non-communication or any other action or omission attributable to you in relation to the aforementioned aspects on goods and service tax, such implications including but not limited to taxes, interest and penalties, shall be immediately reimbursable by you to us.
6.6 You understand and agree that your payment for the aforesaid services includes payment to us via a third-party payment SDK (Apple Pay) that we have access to, and you can complete payment through Apple App Store.
6.7 You understand and agree that any possible commercial risks arising from the use of third-party payment methods may cause economic losses to you. We shall not be liable for any of the aforesaid risks and losses caused to you as long as we fully perform our obligations under these Terms and comply with applicable laws. You are kindly reminded to carefully read the service agreement, privacy policy and other legal documents of the third parties before using their services.
6.8 You may cancel your subscription at any time. To do so, please follow the “Settings” – “Help Center” path.
6.9 You understand and agree that, subject to applicable laws, any user payment made in accordance with our rates and policies will not be refunded, even if the subscription is subsequently cancelled.
7.1 In accordance with the development of our business and to the maximum extent permitted by applicable laws and subject to the fulfillment of any mandatory requirements, we may change, suspend or terminate Flower.AI and/or our Services at any time and from time to time, in which event we shall not be liable for breach of contract to you or any third party.
7.2 We have the right, for a good cause, to suspend or terminate your account or right to access or use Flower.AI, or to delete or transfer what you have uploaded to or stored in Flower.AI.
7.3 You understand and agree that you will not be able to log in to your Flower.AI account or check information in the account after we terminate our Services to you. In such case, we will stop collecting and using your personal information, and delete any information collected about you, but other anonymized data and other data stipulated by laws and regulations will continue to be kept. Termination of our Services to you will not prejudice your liability for breach of contract or any other cause to us and/or any third party prior to termination.
7.4 All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership and intellectual property rights provisions, disclaimers, indemnity and limitations of liability. Notwithstanding the foregoing, if you breach these Terms, our Privacy Policy, or our other rules and policies, we reserve the right to recover any amounts due and owing by you or to take legal actions including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
7.5 We may amend these Terms at any time by posting the amended terms on Flower.AI. It is your responsibility to review these Terms periodically.
Your continuously using of Flower.AI following the posting of the revised Terms signifies that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any change, as they are binding on you. If you do not agree to the revised Terms, you are no longer authorized to use Flower.AI.
8.1 YOU UNDERSTAND AND ACKNOWLEDGE THAT Flower.AI IS PROVIDED IN A FORM CONSISTENT WITH EXISTING TECHNOLOGY AND CONDITIONS, THAT WE CANNOT GUARANTEE THAT IT IS FREE FROM DEFECTS, AND THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES FOR Flower.AI AND/OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR CERTAIN PURPOSES, QUALITY, STABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, CONSISTENCY AND SAFETY. HOWEVER, WE UNDERTAKE TO CONTINUOUSLY IMPROVE THE QUALITY OF OUR SERVICES.
Flower.AI IS NOT A MEDICAL, PSYCHIATRIC OR ANY OTHER PROFESSIONAL ADVICE PROVIDER, NOR SHOULD OUR SERVICES BE CONSIDERED MEDICAL, MENTAL HEALTH OR OTHER PROFESSIONAL SERVICES. ONLY YOUR PHYSICIAN, HEALTHCARE PROVIDER OR OTHER PROFESSIONALS CAN DO THAT. THEREFORE, WE MAKE NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT OUR SERVICES WILL PROVIDE A THERAPEUTIC OR OTHER PRACTICAL BENEFIT.
8.2 In order to optimize product functions, improve user experience, and safeguard product security, we may update or upgrade Flower.AI. In order not to affect your use of our Services, it is recommended that you update the software to the latest version.
8.3 To the fullest extent permitted by applicable laws, we do not provide warranties on the following matters:
8.4 WE DO NOT UNDERTAKE ANY DIRECT, INDIRECT, INCIDENTAL, DERIVATIVE OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, BUSINESS REPUTATION, INFORMATION OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM:
8.5 You shall take good care of your account. We shall not be liable for any loss, such as loss or decrease of the user’s rights and interests with regard to your account if the account is leaked, stolen or lost of usufruct for any reason not attributable to us.
8.6 We shall not be liable for any loss you incurred in connection with your failure in safeguarding your account or device, and/or any failure in retrieve of the account and the information thereunder due to lack of identity authentication or untruthful authentication information.
8.7 You understand and agree that you assume any and all risks associated with downloading and/or using Flower.AI and/or our Services and all consequences arising from the use of Flower.AI and/or our Services. To the maximum extent permitted by applicable laws, you shall be solely responsible for any damage to the computer system or loss of data caused by downloading or using Flower.AI.
8.8 You understand and agree that we have the right to make business changes, adjustments and technical changes at our own discretion, and have the right to modify, suspend or terminate Flower.AI and/or our Services at any time, without notifying you, and without assuming any liabilities for you or a third party, unless otherwise provided by applicable laws or agreed by both parties.
8.9 Subject to applicable laws, we shall be entitled to delete, block or disconnect links as appropriate for your violation or suspected violation of applicable laws and these Terms in our own judgment, and stop providing services to you or terminate your account. We also shall have the right to keep relevant information in accordance with applicable laws and to report it to the law enforcement or regulatory authorities.
8.10 WE ARE ONLY RESPONSIBLE FOR THE DIRECT LIABILITY EXPRESSLY PROVIDED FOR HEREIN. UNLESS OTHERWISE PROVIDED HEREIN, THE TOTAL LIABILITIES THAT WE SHALL BE RESPONSIBLE FOR HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES CHARGED BY US FOR OUR SERVICES TO YOU.
8.11 IN ADDITION TO SECTION 9.4 [Place a jump hyperlink] ABOVE, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR INTEREST, INTERRUPTION OF BUSINESS, LOSS OF MATERIALS) CAUSED BY ANY ACTS FOR ANY REASON WHATSOEVER, NO MATTER THE DAMAGES ARE FORESEEABLE OR NOT, AND REGARDLESS OF THE FORM OF CONDUCT.
8.12 To the extent permitted by applicable laws, you agree to defend (at our option), indemnify and hold us and our service providers, suppliers, and licensors, and each of our respective officers, directors, employees and agents, including all third parties mentioned, or included in Flower.AI and/or our Services, harmless from any and all claims, liabilities, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or damages, including without limitation to reasonable legal and accounting fees, resulting from or related to:
8.13 By accepting these Terms you waive all rights and agree to hold us harmless from any claims resulting from any actions taken by us during or as a result of investigations by either us or any law enforcement or regulatory authorities.
8.14 You shall use your best efforts to cooperate with us in the defense of any such claims. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of Flower.AI and/or our Services.
To the extent permitted by applicable laws, you agree to indemnify and hold harmless us and/or our officers, directors, employees, agents, representatives, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of these Terms or our Privacy Policy [Place a hyperlink].
These Terms shall be governed and construed by the laws of the State of California, USA (other than its conflict of laws rules).
To the fullest extent permissible by law, any dispute of any kind between you and us in connection with or arising out of your use of our Services shall be resolved through friendly negotiations. In case of failure of such negotiations, any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
UNLESS YOU OPT OUT AND EXCEPT OTHERWISE PROVIDED IN THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you have any question, comment, or suggestion regarding Flower.AI, these Terms, or our Privacy Policy [Place a hyperlink], you may contact us by: