Terms and Conditions
Last updated: May 22, 2026
Please read these Terms and Conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Inflows.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access Our Service or parts of Our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our”) refers to Essayas Investments LLC, a Delaware limited liability company, located at 447 Sutter Street, Suite 405, CA 94108.
Content refers to content such as text, images, Attachments, Direct Messages, Message Requests, Connection Inquiries, Provider Profiles, Reviews, advertisements, or other information that can be posted, submitted, uploaded, sent, linked to, or otherwise made available by You on or through the Application or Website, regardless of the form of that content. Direct Messages and Attachments are subject to the additional Direct Messaging terms below.
Attachment means any image, media, file, or other content that You upload, send, receive, or otherwise provide through the Service, including through Direct Messaging.
Connection Inquiry means a request, message, form submission, or similar communication sent by a Marketplace User to a Marketplace Provider through the Marketplace.
Direct Message means a private user to user communication sent or received through the Service after a Message Request has been accepted.
Direct Messaging means the feature within the Application that allows users to send Message Requests, accept or decline Message Requests, and exchange Direct Messages and Attachments through the Service.
Marketplace means the gated directory or related feature within the Service that allows eligible users to discover approved third party service providers relevant to financial advisors, wealth management firms, and related professionals.
Marketplace Provider means a third party service provider or provider representative that applies to participate in, is approved for, or is listed in the Marketplace.
Marketplace User means an approved, logged in user who is permitted to access the Marketplace.
Message Request means a request from one user to another user to start a Direct Message conversation.
Provider Portal means the portal, dashboard, or other interface that allows Marketplace Providers to apply for Marketplace participation, maintain Provider Profiles, manage payment status, and access related Marketplace tools.
Provider Profile means a Marketplace Provider profile, listing, description, contact information, pricing display, services description, media, Review information, or other provider related content displayed or submitted through the Marketplace or Provider Portal.
Provider Subscription means a paid subscription, if required, for a Marketplace Provider to participate in or maintain access to Marketplace related features.
Report means a user submission or other notice that Content, Direct Messages, Attachments, Provider Profiles, Reviews, Connection Inquiries, accounts, or conduct may violate these Terms, law, professional obligations, or the rights or safety of another person.
Review means a rating, review, comment, testimonial, feedback item, or similar Marketplace submission about a Marketplace Provider or the provider services.
Analytics means dashboards, reports, metrics, benchmarks, insights, or related tools that help approved firms or Authorized Firm Users understand activity, engagement, content performance, relationship activity, audience composition, employee activity, and similar activity on the Service.
Analytics Data means information collected, generated, inferred, or processed in connection with Analytics, including views, profile visits, reactions, comments, event RSVPs, conversation participation, content engagement, timestamps, source and target content identifiers, user identifiers, company identifiers, firm affiliation, professional profile information, geography, firm type, AUM or fund range, engagement categories, relationship metrics, content performance metrics, employee metrics, Peer Benchmarks, and related metadata.
Authorized Firm User means a user authorized by a firm, provider, or other organization to access Analytics or other firm level features through the Service.
Firm Analytics means Analytics made available to an approved firm or Authorized Firm User regarding activity connected to that firm’s content, employees, representatives, events, profiles, Marketplace activity, or other activity on the Service.
Peer Benchmarks means aggregated, deidentified, or otherwise limited analytics that compare one firm’s activity or performance to a peer group, category, market segment, or other comparison group.
Referral Post means a text based post, request, recommendation, or related submission made through the Service to seek, offer, or facilitate professional introductions, referrals, centers of influence, or related networking opportunities among approved members.
Referral Post Response means a comment, response, expression of interest, Direct Message initiation, or similar interaction with a Referral Post.
Recommended Professional means a third party professional or center of influence, such as an attorney, accountant, insurance professional, mortgage professional, business broker, consultant, or other professional whose work contact information or professional details may be submitted through a Referral Post or related feature.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application and/or the Website, including Your access to and use of any content, features, functionality, Direct Messaging, Marketplace, Provider Portal, subscriptions, payment features, or other services offered on or through the Application and/or Website.
Subscriptions refer to the Service or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Inflows, accessible from https://www.inflows.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern Your access to and use of the Service and constitute a legally binding agreement between You and the Company. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. By using Direct Messaging, Marketplace, Referral Posts, the Provider Portal, Connection Inquiries, Reviews, Provider Profiles, or any other feature of the Service, You agree that these Terms apply to those features and to all Content and information You submit, send, receive, review, or access through them. Provider Profiles, or any other feature of the Service, You agree that these Terms apply to those features and to all Content and information You submit, send, receive, review, or access through them.
Accessing the Service
We reserve the right to withdraw or amend the Service, including any service or material We provide on the Website or Application, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict user access to some or all parts of the Website and/or Application, in Our sole discretion.
Certain features, including Direct Messaging, Marketplace, Referral Posts, the Provider Portal, Reviews, and Connection Inquiries, may be made available only to selected users, approved users, verified users, approved Marketplace Providers, users included on an allowlist, users who satisfy email verification or account approval requirements, or users for whom a feature flag or other configuration is enabled. We may modify, suspend, limit, expand, or discontinue any feature, eligibility rule, approval process, category, ranking, search result, listing, or availability setting at any time in Our sole discretion. Connection Inquiries, may be made available only to selected users, approved users, verified users, approved Marketplace Providers, users included on an allowlist, users who satisfy email verification or account approval requirements, or users for whom a feature flag or other configuration is enabled. We may modify, suspend, limit, expand, or discontinue any feature, eligibility rule, approval process, category, ranking, search result, listing, or availability setting at any time in Our sole discretion.
You are responsible for both:
- Making all arrangements necessary for You to have access to the Service. Ensuring that all persons who access the Service through Your internet connection are aware of these Terms and comply with them.
Advertising
Advertising Services
The Company may allow You to run advertisements on the Service, subject to the terms and conditions outlined in this section. By submitting an advertisement for publication on the Service, You agree to comply with these Terms and Conditions, as well as any additional guidelines provided by the Company regarding the content, placement, and duration of advertisements.
Fees
Advertising on the Service is subject to a fee, which will be specified by the Company at the time You submit Your advertisement. Fees may vary based on the type, duration, and placement of the advertisement. Payment must be made in accordance with the payment terms provided by the Company.
Content Requirements
All advertisements must comply with applicable laws and regulations, and must not contain any content that is unlawful, offensive, misleading, or otherwise inappropriate. The Company reserves the right to review, approve, or reject any advertisement at its sole discretion. The Company may remove or modify any advertisement that it deems inappropriate or in violation of these Terms.
Intellectual Property
You represent and warrant that You have the necessary rights to use any content, trademarks, or other intellectual property included in the advertisement. You agree to indemnify and hold the Company harmless from any claims arising out of or related to the content of your advertisement, including but not limited to claims of intellectual property infringement.
Liability
The Company shall not be liable for any errors, omissions, or failures related to the publication of advertisements, including but not limited to any loss of business or revenue. The Company’s liability for any claim related to advertising on the Service shall be limited to the amount of fees paid by You for the advertisement in question.
Termination
The Company reserves the right to terminate Your ability to run advertisements on the Service at any time, for any reason, including but not limited to a breach of these Terms.
Refunds
Fees paid for advertisements are non-refundable, except where required by law. The Company may, in its sole discretion, provide refunds in certain circumstances, such as if an advertisement is removed by the Company prior to its scheduled end date.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew unless and until You cancel it in accordance with these Terms or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by- case basis and granted at the sole discretion of the Company.
Marketplace Provider Subscriptions
Marketplace Providers may be required to maintain a paid Provider Subscription to participate in Marketplace or to access certain Marketplace, Provider Portal, listing, receipt, or account management features. Provider Subscriptions are billed through Stripe or another payment processor selected by the Company. By purchasing a Provider Subscription, the Marketplace Provider authorizes recurring charges for the selected billing period until the Provider Subscription is canceled in accordance with these Terms and the checkout or account management process.
Unless otherwise stated at checkout or in a separate written agreement, Provider Subscriptions are billed monthly in advance and renew automatically until canceled. Cancellation stops future renewal charges but does not entitle the Marketplace Provider to a refund for the then current billing period unless required by law or expressly approved by the Company. Provider Subscription fees are non refundable except where required by law or expressly approved by the Company.
Marketplace Providers are responsible for maintaining accurate billing, contact, and payment information and for complying with the applicable payment processor terms. Failed payments, chargebacks, payment disputes, canceled subscriptions, suspected fraud, or payment processor restrictions may result in suspension, limitation, delisting, loss of Provider Portal access, or other changes to Marketplace participation. Payment of Marketplace fees does not guarantee approval, placement, ranking, visibility, Reviews, Connection Inquiries, business opportunities, revenue, or continued listing. Payment status may be tracked through payment processor checkout sessions, invoices, receipts, webhooks, subscription identifiers, and similar records. Marketplace listing visibility may depend on provider approval status, Marketplace availability, feature configuration, payment or subscription status, administrative review, category placement, quality standards, and other criteria determined by the Company. The Company does not collect Tax ID or EIN information through the Provider Portal unless the Company separately requests and discloses such collection.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the username and password that You use to access the Service and for any activities or actions under Your account, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third-party. You must notify Us immediately upon becoming aware of any unauthorized access to or use of Your username or password or any other breach of security or unauthorized use of Your account. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your username or password or other personal information. You may not use the name of another person or entity as Your username or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms.
Direct Messaging
Message Requests and accepted conversations
Direct Messaging allows eligible users to send Message Requests and, if accepted, exchange Direct Messages and supported Attachments through the Service. The recipient may accept or decline a Message Request. We may use notifications, status indicators, loading states, routing links, and similar functionality to support Message Requests, accepted conversations, and Direct Messages.
We may limit, suspend, disable, modify, or discontinue Direct Messaging or any Direct Messaging functionality at any time. We do not guarantee that Message Requests, Direct Messages, Attachments, notifications, routing links, or delivery status indicators will be delivered, available, accurate, uninterrupted, secure, or error free.
Private communications and recipient risk
Direct Messages are not public posts, but they are not guaranteed to be confidential from the recipient, the Company, Service Providers, legal process, or safety and compliance review as described in these Terms and Our Privacy Policy. You should not send Direct Messages or Attachments that You would not want a recipient to save, copy, screenshot, download, forward, disclose, or use outside the Service. We cannot control what recipients do with Direct Messages or Attachments outside the Service.
Direct Messaging user responsibilities
You are solely responsible for the Direct Messages and Attachments You send and for Your use of Direct Messaging. You may not use Direct Messaging to harass, threaten, stalk, intimidate, abuse, spam, impersonate, deceive, transmit malware, send credential harvesting links, send malicious or deceptive Attachments, solicit users through unauthorized mass outreach, bypass request or safety controls, or share information You are not authorized to share.
You should not use Direct Messaging to send confidential client information, nonpublic personal information of clients or other third parties, trade orders, investment instructions, instructions regarding funds or securities, client specific investment advice, securities recommendations, or information that violates any law, regulation, firm policy, employer policy, confidentiality duty, or professional obligation.
Reports, review, and enforcement
We do not undertake to review all Direct Messages before they are sent. We may review, preserve, remove, restrict access to, or disclose Direct Messages, Attachments, Reports, account information, and related metadata when We believe it is necessary to operate the Service, investigate abuse, respond to Reports, enforce these Terms, protect users or the public, comply with law, respond to legal process, or protect the rights, property, and safety of the Company, users, Marketplace Providers, or others.
Marketplace
Marketplace access and availability
Marketplace is a gated directory that allows eligible Inflows users to discover approved third party service providers relevant to financial advisors, wealth management firms, and related professionals. Marketplace access may be limited based on account approval, email verification, allowlist status, feature availability, feature flags, provider approval status, Provider Subscription status, or other criteria determined by the Company. The Company may modify, suspend, limit, expand, or discontinue Marketplace access or functionality at any time. The Company does not guarantee that Marketplace, Provider Profiles, categories, search, pricing displays, Reviews, Connection Inquiries, provider contact information, Provider Portal functions, payment status, receipts, or Marketplace availability will be accurate, current, uninterrupted, secure, or error free.
Provider applications, approval, and delisting
Marketplace Providers may apply to participate in Marketplace through the Provider Portal or another process designated by the Company. Submission of an application does not guarantee approval, listing, visibility, placement, ranking, Reviews, Connection Inquiries, revenue, business opportunities, or continued participation. The Company may approve, reject, delist, suspend, limit, modify, remove, or reinstate a Marketplace Provider or Provider Profile at any time, with or without notice, including if We believe the Marketplace Provider, Provider Profile, services, pricing, Reviews, payment status, or conduct violates these Terms, creates risk, is inaccurate, is not current, or is otherwise not appropriate for Marketplace.
Provider Profile visibility may depend on provider approval status, Marketplace availability, feature configuration, payment or Provider Subscription status, administrative review, category placement, quality standards, search configuration, and other criteria determined by the Company. Payment of Marketplace fees does not guarantee approval, placement, ranking, visibility, Connection Inquiries, Reviews, business opportunities, revenue, or continued listing.
Provider profiles and provider responsibilities
Marketplace Providers are solely responsible for the accuracy, legality, completeness, and currency of their Provider Profiles, service descriptions, pricing, contact information, qualifications, licenses, registrations, regulatory status, claims, marketing materials, and services. Marketplace Providers must promptly update inaccurate or outdated information and must have all rights, permissions, and authorizations necessary to submit and display their Provider Profiles and related Content.
Marketplace Providers are independent third parties and are not employees, agents, representatives, partners, fiduciaries, or endorsed providers of the Company. The Company is not a party to any engagement, transaction, communication, contract, service relationship, payment arrangement, advice, deliverable, or dispute between a Marketplace User and a Marketplace Provider unless the Company expressly agrees in writing.
No endorsement or provider guarantee
Marketplace listings, approval status, categories, search results, displayed pricing, Provider Profiles, Reviews, ratings, descriptions, contact information, or other Marketplace content do not constitute an endorsement, recommendation, warranty, verification, certification, fiduciary relationship, or guarantee by the Company. Marketplace Users are solely responsible for evaluating Marketplace Providers before contacting, engaging, purchasing from, relying on, or sharing information with them.
The Company does not guarantee the quality, suitability, availability, licensing, registration, regulatory status, solvency, insurance, performance, pricing, results, or legality of any Marketplace Provider or provider service. Marketplace Providers may have their own terms, privacy policies, compliance obligations, and business practices, and You are responsible for reviewing and evaluating them.
Connection Inquiries
If You submit a Connection Inquiry to a Marketplace Provider, You authorize the Company to transmit Your inquiry, contact information, profile information, firm or professional information, and any information You include in the inquiry to that Marketplace Provider so the provider can respond. You should not include confidential client information, nonpublic personal information, trade orders, investment instructions, client specific investment advice, securities recommendations, or information You are not authorized to share in a Connection Inquiry.
After a Connection Inquiry is submitted, the Marketplace Provider may contact You inside or outside the Service. The Company is not responsible for the provider response, provider services, provider privacy practices, provider communications, or any agreement or interaction between You and the Marketplace Provider.
Reviews
Reviews must reflect genuine, truthful experiences and may not be false, misleading, fabricated, paid for, coerced, manipulated, submitted by someone who lacks actual experience with the Marketplace Provider, or submitted on behalf of another person unless clearly authorized and disclosed where required. Users must disclose any material relationship, incentive, compensation, discount, employment, affiliation, or other connection that could affect the credibility of a Review when disclosure is required by law or reasonably necessary to avoid misleading others.
Marketplace Providers may not review themselves or use employees, contractors, affiliates, friends, family members, bots, fake accounts, or related parties to post Reviews without appropriate disclosure. Marketplace Providers may not offer compensation, discounts, benefits, threats, retaliation, pressure, or other incentives to obtain, suppress, modify, or remove Reviews except as permitted by applicable law and clearly disclosed where required.
The Company may reject, remove, moderate, edit for formatting, limit, retain, investigate, or display Reviews in Our sole discretion. We are not obligated to verify Reviews, display all Reviews, resolve disputes about Reviews, or remove Reviews that a Marketplace Provider dislikes. Review moderation, removal, filtering, or non display does not create any obligation or liability to any user or Marketplace Provider.
Referral Posts
Referral Posts are a Marketplace adjacent professional networking and introduction feature that allows eligible users to publish, search, comment on, respond to, and connect around professional referral or introduction opportunities relevant to financial advisors, wealth management firms, and related professionals. Referral Posts are text only and may include structured dropdown or selection fields and limited free form descriptive text. Referral Posts may involve information relating to clients, prospects, businesses, Recommended Professionals, or other third parties, including age range, geography, retirement status, marital or family status, profession, business ownership, business sale activity, tax considerations, investment objectives, asset range, AUM range, or other life stage or financial planning related information. Users are solely responsible for all information submitted through Referral Posts, comments, recommendations, Referral Post Responses, and related communications. Users represent and warrant that they have all rights, permissions, authorizations, and consents necessary to submit, post, recommend, disclose, or share any information relating to a client, prospect, business, Recommended Professional, or other third party. Referral Posts must be submitted on a deidentified basis unless the user has authorization to disclose identifying information. Users must not post information that directly identifies, or could reasonably be used to identify, a client, prospect, or other individual without authorization. Users must not include names, email addresses, phone numbers, account numbers, Social Security numbers, tax records, medical records, trade instructions, nonpublic personal information, client statements, tax returns, health information, or other information the user is not authorized to disclose. Users are solely responsible for making any client, prospect, professional, employer, firm, or regulatory disclosures required by applicable law, regulation, professional obligation, employer policy, firm policy, privacy obligation, confidentiality obligation, referral rule, solicitation rule, advertising rule, or other obligation that applies to the user.
Inflows is a professional networking and introductions platform only. Inflows does not participate in referral arrangements, referral fee agreements, solicitation compensation, advisory relationships, securities transactions, due diligence, suitability determinations, recommendations, supervisory approval, client engagements, or professional engagements arising from Referral Posts. Users who recommend a Recommended Professional or center of influence represent and warrant that they have permission to share that professional’s work contact information and related professional details. Recommended Professionals may be non users of the Service, and users must not submit personal, sensitive, confidential, or nonpublic information about Recommended Professionals without authorization. Referral Posts, comments, recommendations, Referral Post Responses, and related content must be truthful, accurate, lawful, and not false, misleading, deceptive, fraudulent, defamatory, abusive, or otherwise inappropriate. Any sponsored or promoted content must be truthful and clearly identified where required by applicable law or Company policy. Inflows may label, moderate, limit, remove, hide, expire, or restrict Referral Posts or related content in its discretion. Referral Posts and related comments may be visible and searchable to approved members who have access to the applicable feature. If users express interest in connecting through a Referral Post, the Service may create or enable a Direct Messaging conversation between those users, and each participant may see profile information associated with the other participant.
Inflows is not a party to any relationship, communication, referral, introduction, engagement, transaction, payment arrangement, advice, deliverable, or dispute between users or third parties arising from Referral Posts. Inflows does not endorse, verify, guarantee, certify, or warrant any user, Referral Post, referral opportunity, recommendation, response, Recommended Professional, service provider, professional relationship, or outcome.
Analytics
Inflows may provide Analytics to approved firms and Authorized Firm Users. Analytics may include firm level, group level, employee level, audience, content performance, relationship, profile visit, engagement, benchmarking, peer comparison, and other metrics related to activity on the Service. Access to Analytics may depend on approval status, subscription status, firm affiliation, feature availability, feature flags, administrative configuration, data availability, and other criteria determined by Inflows. Inflows may modify, limit, suspend, expand, or discontinue Analytics at any time. By using the Service, You understand that Your activity may be included in Analytics shown to firms whose content, employees, representatives, events, profiles, Marketplace activity, or other activity You interact with. Analytics may include post views, profile visits, reactions, comments, event RSVPs, conversation participation, content engagement, timestamps, source and target content identifiers, firm affiliation, professional profile information, geography, firm type, AUM or fund range, engagement categories, relationship metrics, content performance metrics, employee metrics, Peer Benchmarks, and related metadata. Inflows does not intend to show outside firms the names of individual users in Analytics. However, Analytics may show named firms, firm segments, geography, professional categories, AUM or fund ranges, engagement levels, profile visit activity, content performance, event activity, relationship activity, and similar business insights. You understand that firm level information may allow a recipient to infer information about users associated with smaller firms. Authorized Firm Users may be able to view Analytics related to their own firm’s employees, representatives, authors, content, events, relationship activity, and use of the Service. Profile visits may be included in Analytics. Outside firms will not be shown Your individual name in Analytics, but Your firm, segment, geography, or other profile attributes may appear in Analytics. Inflows may assign users, firms, or activity to engagement categories or audience segments, such as frequent engagement, passive engagement, or similar categories, to provide Analytics, relationship insights, audience insights, content performance metrics, and similar features. Inflows does not currently provide a product level setting to opt out of inclusion in Analytics, except where required by applicable law. Nothing in these Terms limits any privacy rights You may have under applicable law.
Permitted Use of Analytics
Analytics are provided for internal business, relationship management, content performance, audience insight, product engagement, and practice or distribution insight purposes only. You may use Analytics only in accordance with these Terms, the Privacy Policy, applicable law, applicable regulation, professional obligations, and Your firm policies. You may not use Analytics to:
- Identify, reidentify, or attempt to identify individual users from firm level, segment level, aggregated, deidentified, or limited data. Harass, intimidate, pressure, or target users in a way that violates these Terms or applicable law. Make credit, employment, insurance, housing, lending, eligibility, supervisory approval, or similarly significant decisions. Scrape, export, copy, resell, publish, redistribute, sublicense, or commercially exploit Analytics except as expressly permitted by Inflows in writing. Build or improve a competing product, data set, scoring system, relationship intelligence product, or analytics product. Circumvent privacy controls, aggregation thresholds, suppression rules, feature limits, access controls, or other restrictions. Misrepresent Analytics as complete, audited, independently verified, or guaranteed. Use Analytics in a way that violates securities laws, investment adviser rules, broker dealer rules, advertising rules, solicitation rules, books and records obligations, supervisory obligations, privacy obligations, discretion obligations, or other professional obligations.
No Ownership of Analytics Data
Analytics are made available for limited use through the Service. Except as expressly stated in these Terms, no user, firm, provider, or Authorized Firm User owns Analytics Data, underlying platform data, user data, engagement data, benchmark data, or other data generated by the Service. Inflows retains all rights in and to the Service, Analytics, Analytics Data, methodologies, dashboards, metrics, benchmarks, scoring rules, classifications, algorithms, models, software, reports, and related intellectual property.
Confidentiality of Analytics
Analytics, Firm Analytics, Peer Benchmarks, dashboards, methodology, rankings, metrics, reports, and related information are confidential platform information unless Inflows states otherwise in writing. You may not disclose, publish, share, export, or distribute Analytics outside Your organization except as expressly permitted by Inflows in writing or as required by law.
No Guarantee of Analytics Accuracy
Analytics may be delayed, incomplete, inaccurate, unavailable, or affected by attribution windows, data availability, feature configuration, user behavior, exclusions, testing, internal accounts, bot filtering, missing data, product changes, methodology changes, or other factors. Inflows does not guarantee the accuracy, completeness, timeliness, availability, usefulness, business value, or regulatory suitability of Analytics. Inflows may change Analytics methodology, attribution windows, peer sets, thresholds, exclusions, rankings, benchmarks, engagement categories, metrics, dashboard design, and feature availability at any time.
Peer Benchmarks
Inflows may provide Peer Benchmarks based on aggregated, deidentified, or otherwise limited information from participating firms, users, content, events, or activity on the Service. Peer Benchmarks may compare activity or performance across peer groups, categories, firm types, AUM or fund ranges, geography, market segments, or other comparison groups. Inflows may apply minimum thresholds, aggregation rules, deidentification, delay, suppression, peer set controls, or other protections to reduce the risk that a user or firm can be identified from Peer Benchmarks. Inflows may modify, suppress, limit, or remove Peer Benchmarks at any time to protect privacy, discretion, data quality, platform integrity, or business interests.
Regulated Use of Analytics
The Service, including Analytics, is intended for professional networking, relationship insight, content performance, and platform communication. Analytics are not intended to provide investment advice, legal advice, compliance advice, regulatory advice, due diligence, suitability determinations, client recommendations, securities recommendations, trade instructions, or supervisory approval. Users, firms, providers, and Authorized Firm Users are solely responsible for determining whether their use of Analytics is permitted by applicable law, regulation, professional obligations, employer policies, books and records requirements, supervision requirements, advertising rules, solicitation rules, privacy obligations, discretion obligations, and any other obligations that apply to them. Inflows does not represent that Analytics, Firm Analytics, Peer Benchmarks, dashboards, reports, metrics, exports, or related records satisfy any broker dealer, investment adviser, employer, supervisory, books and records, e discovery, archiving, retention, advertising review, solicitation, privacy, or compliance obligation unless expressly agreed in a separate written agreement.
Content
Your Right to Post Content
Our Service allows You to post, submit, upload, send, link to, or otherwise make available Content. Any and all Content You provide must comply with the User Restrictions and Content Restrictions set out in these Terms. Except for Direct Messages and Attachments sent through Direct Messaging, Content You post or submit to the Service will be considered non confidential and non proprietary. By posting or submitting Content other than Direct Messages and Attachments sent through Direct Messaging, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, including making such Content available to other users of the Service, subject to these Terms. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights.
For Direct Messages and Attachments sent through Direct Messaging, You grant the Company a limited license to host, store, reproduce, transmit, display to the intended conversation participants, process, and otherwise use such Direct Messages and Attachments as necessary to operate, secure, support, improve, and enforce rules for Direct Messaging and the Service, including as described in these Terms and Our Privacy Policy. Provider Profiles, Reviews, advertisements, and other Marketplace content are Content. By submitting Provider Profiles, Reviews, advertisements, or other Marketplace content, You grant the Company the rights necessary to display, distribute, host, transmit, modify for formatting, moderate, remove, promote, index, search, categorize, and otherwise operate Marketplace and the Service.
Referral Posts, Referral Post Responses, comments, recommendations, and related Referral Post content are Content. By submitting Referral Posts or related content, You grant the Company the rights necessary to display, distribute, host, transmit, modify for formatting, moderate, remove, hide, expire, index, search, categorize, connect users, enable responses, enable Direct Message creation, and otherwise operate Referral Posts and the Service. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate these Terms or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You understand and acknowledge that You are responsible for any Content You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third-party for the content or accuracy of any Content posted by You or any other user of the Service.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any Content for any or no reason in Our sole discretion. Take any action with respect to any Content that We deem necessary or appropriate in Our sole discretion, including if We believe that Your Content violates these Terms, including the Content Restrictions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.
- Disclose Your identity or other information about You to any third-party who claims that Content posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend Your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
- Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any Content or materials on or through the Application or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- However, We do not undertake to review Content before it is posted on the Application or Website and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third- party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Without limiting the foregoing, We may review, preserve, remove, restrict access to, or disclose Direct Messages, Attachments, Reports, Provider Profiles, Reviews, Connection Inquiries, payment status information, account information, and related metadata when We believe it is necessary to operate the Service, investigate abuse, respond to Reports, enforce these Terms, protect users or the public, comply with law, respond to legal process, or protect the rights, property, and safety of the Company, users, Marketplace Providers, or others.
Content Restrictions
The Company is not responsible for the Content of Service users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Without limiting the foregoing, Your Content must not:
- Promote any illegal activity, or advocate, promote, or assist any unlawful act. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Spam, machine – or randomly – generate, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Contain or install any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringe on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent Your identity or affiliation with any person or entity, including the Company and its employees or representatives. Give the impression that You emanate from or are endorsed by the Company or any other person or entity, if that is not the case.
- Be likely to deceive any person.
- False information and features.
Without limiting the foregoing, You may not use Direct Messaging, Marketplace, Connection Inquiries, Provider Profiles, Reviews, Attachments, advertisements, or any other Service feature to harass, threaten, stalk, intimidate, abuse, spam, impersonate, deceive, scrape, harvest information, bypass safety or access controls, transmit malware, use tracking pixels without authorization, send deceptive links, manipulate Reviews, misrepresent provider qualifications, disclose confidential or regulated information without authorization, or violate any law, regulation, firm policy, employer policy, confidentiality obligation, or You may not use Referral Posts, comments, Referral Post Responses, recommendations, or related communications to disclose client names, client email addresses, client phone numbers, account numbers, Social Security numbers, client statements, tax returns, medical records, trade instructions, nonpublic personal information, confidential client information, or other information that directly identifies or reasonably reidentifies a client or prospect without authorization. professional obligation.
You may not use the Service, Direct Messaging, Marketplace, or Connection Inquiries to send client confidential information, client nonpublic personal information, trade orders, instructions concerning funds or securities, client specific investment advice, securities recommendations, or information You are not authorized to share.
Content Backups
The Company does not guarantee there will be no loss or corruption of data. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. This applies to all Content and data made available through the Service, including Direct Messages, Attachments, Message Requests, Provider Profiles, Reviews, Connection Inquiries, payment status records, subscription records, and Marketplace related data.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at dmca@inflows.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact Our copyright agent via email at dmca@inflows.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (excluding Content provided by You or other users), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual proprietary rights laws.
These Terms permit You to use the Service for the limited business purpose of engaging with other individuals who are registered investment advisors and affiliated professionals in the investment industry. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Application or Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Application or Website for the business purpose mentioned above and not for further reproduction, publication, or distribution.
- If We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for the business purpose mentioned above.
- If We provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Application or Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Application or Website.
If You wish to make any use of material on the Application or Website other than that set out in this section, please address Your request to: support@inflows.com.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application or Website in breach these Terms, Your right to use the Service will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Service, including the Application, Website and any content on the Application or Website, is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms Inflows, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Application and/or Website are the trademarks of their respective owners. Prohibited Uses You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Restrictions set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. ● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Us, may harm the Company or users of the Service, or expose them to liability.
Additionally, You agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Application and/or Website. ● Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Application or Website.
- Use any manual process to monitor or copy any of the material on the Application or Website, or for any other purpose not expressly authorized in these Terms, without the Company’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application or Website, the server on which the Application or Website is stored, or any server, computer, or database connected to the Application or Website. ● Attack the Application or Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Application or Website.
Use the Service to bypass, interfere with, or manipulate Message Requests, Direct Messaging access, blocking tools, reporting tools, allowlists, feature flags, email verification, account approval, provider approval, delisting, subscription status, payment processing, Review moderation, search, ranking, category placement, or other operational, security, or access controls.
Use the Service to scrape, copy, harvest, export, compile, or use Marketplace Provider information, user information, Reviews, pricing displays, Connection Inquiries, or other Service content for a competing directory, unauthorized solicitation, lead generation, resale, profiling, or any purpose not expressly authorized by the Company.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes and does not constitute investment advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Application or Website, or by anyone who may be informed of any of its contents. The information on our Service is for general information only, not financial, investment, legal, or other advice. Any investment choices you make are at your own risk. We don’t endorse any specific investment products, strategies, or financial instruments. Market and investment information on our Service is for reference only and may not be up-to-date, complete, or accurate. Financial data can change quickly, and errors or omissions may happen.
The Application and Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third-party, for the content or accuracy of any materials provided by any third parties.
Marketplace Provider Profiles, categories, search results, approval status, displayed pricing, Reviews, ratings, descriptions, contact information, and related Marketplace content are provided for general informational and networking purposes only. The Company does not endorse, recommend, verify, certify, warrant, or guarantee any Marketplace Provider, provider service, Review, pricing display, claim, license, registration, regulatory status, availability, quality, suitability, result, or business outcome.
Any decision to contact, engage, purchase from, rely on, or share information with a Marketplace Provider is solely Your responsibility. The Company is not responsible for provider services, provider advice, provider communications, provider privacy practices, provider performance, provider pricing, provider disputes, provider contracts, or any losses or damages arising from Your interaction with a Marketplace Provider.
Professional and Regulatory Responsibilities
The Service, including Direct Messaging, Marketplace, Connection Inquiries, Provider The Service, including Direct Messaging, Marketplace, Referral Posts, Connection Inquiries, Provider Profiles, Reviews, and the Provider Portal, is intended for professional networking and platform communication. Inflows does not facilitate referral compensation, solicitation payments, securities transactions, advisory agreements, client engagements, referral fee arrangements, trade orders, investment instructions, client specific investment advice, securities recommendations, suitability determinations, due diligence, or supervisory approval through Referral Posts. Profiles, Reviews, and the Provider Portal, is intended for professional networking and platform communication. It is not intended to be used for client communications, client specific investment advice, securities recommendations, trade orders, instructions concerning funds or securities, or transmission of confidential client information. Users and Marketplace Providers are solely responsible for determining whether their use of the Service is permitted by their firm, employer, client agreements, confidentiality duties, and applicable laws and regulations. Users and Marketplace Providers are also solely responsible for determining whether communications, Direct Messages, Attachments, Connection Inquiries, Reviews, Provider Profiles, advertisements, or other Content must be supervised, archived, retained, exported, reviewed, approved, monitored, or produced under applicable law, regulation, employer policy, firm policy, books and records obligations, or professional obligations.
The Company does not represent that the Service, Direct Messaging, Marketplace, Connection Inquiries, Provider Profiles, Reviews, Attachments, notifications, search, payment status records, or Provider Portal features satisfy any broker dealer, investment adviser, employer, supervisory, books and records, eDiscovery, archiving, retention, review, approval, surveillance, or compliance obligation unless the Company expressly agrees in a separate written agreement.
Information About You and Your Use of the Service
Any and all information We collect on the Application and Website is subject to Our Privacy Policy. By using the Service, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy. This includes information collected or processed in connection with Direct Messaging, Message Requests, Attachments, Marketplace, Provider Profiles, Reviews, Connection Inquiries, Provider Subscriptions, payment status, notifications, feature availability, and related Service functionality.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
If the Service contains links to other websites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Service, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Marketplace Providers may provide links, contact information, materials, services, or communications that are operated or controlled by third parties. The Company is not responsible for the content, terms, privacy practices, security practices, statements, products, services, or conduct of any Marketplace Provider or other third party.
Geographic Restrictions
We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Termination or suspension may restrict or end Your access to Direct Messages, Attachments, Message Requests, Marketplace, Provider Profiles, Provider Portal, Provider Subscriptions, Reviews, Connection Inquiries, receipts, payment status information, and other Service features. Direct Messages, Attachments, Reviews, Provider Profiles, Connection Inquiries, Reports, payment records, subscription records, and related information may remain available to other users or may be retained by the Company as described in Our Privacy Policy, including for legal, security, backup, dispute resolution, regulatory, compliance, safety, and enforcement purposes.
If a Marketplace Provider is suspended, delisted, terminated, canceled, or no longer approved, the Company may remove or restrict the Provider Profile, Provider Portal access, Reviews, Connection Inquiry functionality, payment related access, and Marketplace participation. The Company has no obligation to provide continued Marketplace visibility, data export, lead delivery, Review display, or access to any user or Marketplace Provider following suspension, delisting, termination, cancellation, or discontinuation of the applicable feature.
Termination, suspension, cancellation, account deletion, or loss of access may restrict Your ability to access Analytics. Historical Analytics, Analytics Data, Firm Analytics, Peer Benchmarks, content performance records, employee metrics, relationship metrics, profile visit metrics, and related records may remain available to Inflows, Authorized Firm Users, or other users where permitted by the Privacy Policy, these Terms, applicable law, or product functionality.
If Your Account is deleted or terminated, Inflows may preserve historical Analytics in aggregated, deidentified, firm level, benchmark, content performance, or historical reporting form. Inflows may also retain certain Analytics Data where necessary or permitted for legal obligations, security, fraud prevention, dispute resolution, audit, backup, compliance, enforcement, or legitimate business purposes.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION OR WEBSITE, OR ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH, OR ANY WEBSITES LINKED TO, THE APPLICATION, OR WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT MESSAGES, ATTACHMENTS, MESSAGE REQUESTS, CONNECTION INQUIRIES, PROVIDER PROFILES, REVIEWS, MARKETPLACE LISTINGS, PROVIDER SERVICES, PROVIDER CLAIMS, PROVIDER PRICING, PAYMENT PROCESSOR ACTS OR OMISSIONS, FAILED OR DELAYED NOTIFICATIONS, LOST OR CORRUPTED CONTENT, USER OR PROVIDER CONDUCT, RECIPIENT DISCLOSURE OF CONTENT, OR ANY DISPUTE, LOSS, DAMAGE, OR CLAIM ARISING FROM OR RELATING TO YOUR USE OF DIRECT MESSAGING, MARKETPLACE, THE PROVIDER PORTAL, OR YOUR INTERACTION WITH ANY USER OR MARKETPLACE PROVIDER.
WITHOUT LIMITING THE FOREGOING, INFLOWS IS NOT LIABLE FOR ANY DECISIONS, ACTIONS, OMISSIONS, LOSSES, DAMAGES, CLAIMS, DISPUTES, OR REGULATORY ISSUES ARISING OUT OF OR RELATED TO ANALYTICS, FIRM ANALYTICS, PEER BENCHMARKS, CONTENT PERFORMANCE METRICS, EMPLOYEE METRICS, AUDIENCE INSIGHTS, PROFILE VISIT METRICS, ENGAGEMENT CATEGORIES, RELATIONSHIP METRICS, SENTIMENT OR CONTENT METRICS, METHODOLOGY CHANGES, DELAYED DATA, INCOMPLETE DATA, INACCURATE DATA, UNAVAILABLE DATA, OR YOUR RELIANCE ON ANALYTICS.
“AS IS” and “AS AVAILABLE” Disclaimer
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR WEBSITE, INCLUDING ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, WEBSITE, YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY LINKED WEBSITE.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WON’T BE LIABLE FOR FINANCIAL LOSSES OR DAMAGES FROM USING (OR NOT BEING ABLE TO USE) OUR SERVICE, INCLUDING DELAYS OR ERRORS IN INVESTMENT-RELATED DATA, EVEN IF WE WERE ADVISED OF POTENTIAL ISSUES.
YOUR USE OF THE APPLICATION OR WEBSITE, INCLUDING ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE, IS AT YOUR OWN RISK. THE APPLICATION AND WEBSITE, INCLUDING ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, WEBSITE, OR ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATION, WEBSITE, OR THE SERVER THAT MAKES EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE COMPANY MAKES NO WARRANTY THAT DIRECT MESSAGING, MARKETPLACE, THE
PROVIDER PORTAL, PROVIDER PROFILES, REVIEWS, CONNECTION INQUIRIES, NOTIFICATIONS, PAYMENT STATUS, RECEIPTS, SEARCH RESULTS, CATEGORY PLACEMENT, APPROVAL STATUS, OR ANY PROVIDER SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, BE ACCURATE, BE CURRENT, BE SECURE, BE CONFIDENTIAL, BE COMPLIANT WITH YOUR PROFESSIONAL OBLIGATIONS, OR PRODUCE ANY PARTICULAR BUSINESS RESULT.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its Affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Service, including, but not limited to, Your posted Content, any use of the Application’s or Website’s, content, services, and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Application or Website. Your indemnification obligations include claims arising from or relating to Your Direct Messages, Attachments, Message Requests, Provider Profile, Marketplace participation, Provider Subscription, payment dispute, Connection Inquiry, Review, services, pricing, advertising or promotional claims, interactions with other users or Marketplace Providers, violation of professional obligations, violation of firm or employer policies, violation of applicable law or regulation, disclosure of confidential or regulated information, Review manipulation, provider services, or disputes between users and Marketplace Providers.
Your indemnification obligations include claims arising out of or related to Your access to or use of Analytics, Firm Analytics, Peer Benchmarks, Analytics Data, dashboards, reports, metrics, exports, benchmarks, content performance metrics, employee metrics, profile visit metrics, audience insights, engagement categories, relationship metrics, or sentiment or content metrics, including any use that violates these Terms, the Privacy Policy, applicable law, regulation, professional obligations, employer policies, discretion obligations, privacy obligations, books and records obligations, advertising rules, solicitation rules, or supervisory obligations. Your indemnification obligations include claims arising out of or related to Referral Posts, Referral Post Responses, comments, recommendations, Direct Message conversations created or enabled through Referral Posts, information about clients, prospects, businesses, Recommended Professionals, or other third parties submitted by You without authorization, or any failure by You to obtain required consent, provide required disclosures, comply with applicable law or regulation, comply with firm or employer policies, or comply with confidentiality, privacy, securities, referral, solicitation, advertising, books and records, or professional obligations.
Governing Law
All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Mandatory Arbitration / Class Arbitration Waiver
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, the Privacy Policy (including any documents and agreements referenced therein), and/or use of the Service, including the interpretation, breach, termination, or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. You agree to arbitrate solely on an individual basis, and that class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding is prohibited. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event that the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the Terms will remain in full force and effect. United States Federal Government End Use Provisions If You are a U.S. federal government end user, Our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Entire Agreement
These Terms and Our Privacy Policy, including any documents or agreements referenced herein or therein, constitute the sole and entire agreement between You and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
Changes to These Terms and Conditions
We reserve the right, in Our sole discretion, to update these Terms at any time. All changes are effective immediately when We post them. Your continued use of the Service following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this page from time so You are aware of any changes, as they are binding on You. If You do not agree to the new Terms, in whole or in part, You must not access or use the Service. If You continue to use Direct Messaging, Marketplace, the Provider Portal, Reviews, Connection Inquiries, Provider Profiles, Provider Subscriptions, or any other Service feature after revised Terms are posted, that continued use means You accept and agree to the revised Terms as applied to those features.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
- By email: support@inflows.com