FLOURISH APP

last updated 10.04.2023.

Our policy

Welcome to Flourish, Ltd. (“Flourish”, “we”, “us” and/or “our”). This privacy policy (“Privacy Policy”) has

been created to provide information about our company and our mobile game applications (together

with the Site (as defined below), the “Services”) to our users (“you”, “your”). The Services are provided

by Flourish, Inc. (“Flourish” or “we” or “us” or “our”) located at Bulevar Svetog Petra Cetinjskog 114, 81

000, Podgorica, Montenegro. This Privacy Policy sets forth Flourish’s policy with respect to personal data

and other information that is collected from visitors to our website located at flourishapp.me (the “Site”)

and users of the Services.

Information we collect

When you interact with us through the Services, we may collect personal data and other information

from you, as further described below:

Personal Data That You Provide Through the Services: We collect personal data from you when you

voluntarily provide such information, such as when you register for access to the Services (for example

email address, first name, and last name), use certain Services, contact us with inquiries, or respond to

one of our surveys. Wherever Flourish collects personal data, we make an effort to provide a link to this

By voluntarily providing us with personal data, you are consenting to our use of it in accordance with this

may be transferred from your current location to the offices and servers of Flourish and the authorized

third parties referred to herein located in the United States.

Device, Usage Information, and Transactional Data. We collect information about how you use our

Services and the computers or other devices, such as mobile phones or tablets, you use to access our

Services. Some examples include:

● .IP address

● Unique device identifiers and device attributes, like operating system and browser type

● Usage data, such as web log data, referring and exit pages and URLs, platform type, number of

clicks, domain names, landing pages, pages and content viewed and the order of those pages,

the amount of time spent on particular pages, the date and time you used our Services, the

frequency of your use of our Services, error logs, and other similar information

Non-Identifiable or Aggregated Data: When you interact with Flourish through the Services, we receive

and store certain personally non-identifiable data. Such information, which is collected passively using

various technologies, cannot presently be used to specifically identify you. Flourish may store such

information itself or such information may be included in databases owned and maintained by Flourish

affiliates, agents, or service providers. The Services may use such information and pool it with other

information to track, for example, the total number of visitors to our Services, the number of visitors to

each page of our Site or a game of our apps, the domain names of our visitors’ Internet service

providers, and how our users use and interact with the Flourish Services.

Also, in an ongoing effort to better understand and serve the users of the Services, Flourish often

conducts research on its customer demographics, interests and behavior based on the personal data and

other information provided to us. This research may be compiled and analyzed on an aggregate basis.

Flourish may share this non-identifiable and aggregate data with its affiliates, agents, and business

partners, but this type of non-identifiable and aggregate information does not identify you personally.

Flourish may also disclose aggregated user statistics in order to describe our services to current and

prospective business partners, and to other third parties for other lawful purposes.

In operating the Services, we may also use a technology called "cookies." A cookie is a piece of

information that the computer that hosts our Services gives to your browser when you access the

Services. Our cookies help provide additional functionality to the Services and help us analyze Services

usage more accurately. For instance, our Services may set a cookie on your browser or device that allows

you to access the Services without needing to remember and then enter a password more than once

during a visit to the Services. In all cases in which we use cookies, we will not collect personal data

except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please

refer to this section for information on how to receive notifications when you are receiving a new cookie

and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to

take advantage of some of the Service's features.

Our Use of Your personal data and Other Information

Flourish uses the personal data you provide in a manner that is consistent with this Privacy Policy. If you

provide personal data for a certain reason, we may use the personal data in connection with the reason

for which it was provided. For instance, if you contact us by email, we will use the personal data you

provide to answer your question or resolve your problem. Also, if you provide personal data in order to

obtain access to the Services, we will use your personal data to provide you with access to such services

and to monitor your use of such services. Flourish and its subsidiaries and affiliates (the “Related

Companies”) may also use your personal data and other personally non-identifiable data collected

through the Services to help us customize the Services or the messages you receive, improve the content

and functionality of the Services, to better understand our users and to improve the Services.

Flourish and its Related Companies may use this information to communicate with you regarding the

Services or to tell you about services we believe will be of interest to you. If we do so, any marketing

communication we send you will contain instructions permitting you to "opt out" of receiving future

marketing communications. In addition, if at any time you wish not to receive any future marketing

communications or you wish to have your name deleted from our mailing lists, please contact us as

indicated below. Note however that as a user of the Service you cannot opt out of some administrative

communications that are reasonably necessary to the Service, such as billing or service notifications.

Our Disclosure of Your Personal Data and Other Information

Flourish is not in the business of selling your information. We consider this information to be a vital part

of our relationship with you. There are, however, certain circumstances in which we may share your

personal data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event

of a corporate sale, merger, reorganization, dissolution, or similar event, personal data may be part of

the transferred assets.

Related Companies: We may also share your personal data with our Related Companies for purposes

consistent with this Privacy Policy.

Service Providers and Related Third Parties: Flourish, like many businesses, sometimes hires other

companies to perform certain business-related functions. Examples of such functions include mailing

information, maintaining databases, and processing payments.

Legal Requirements: Flourish may disclose your personal data if required to do so by law or in the good

faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the

rights or property of Flourish, (iii) act in urgent circumstances to protect the personal safety of users of

the Services or the public, or (iv) protect against legal liability.

Your Choices

You may request that we delete your account, and any information associated with your account, but

please note that we may be required (by law or otherwise) to retain certain information and not delete it

(or to keep this information for a certain time, in which case we will comply with your deletion request

only after we have fulfilled such requirements). When we delete your information, it will be deleted from

the active database but may remain in our archives.

Children's Privacy

Our Services are not designed for and are not marketed to people under the age of 13 (“minors”). We do

not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our

Services. If you are a minor, please do not use our Services or send us your information.

Links to Other Websites: This Privacy Policy applies only to the Services. The Services may contain links

to other websites not operated or controlled by Flourish (the “Third Party Sites''). The policies and

procedures described here do not apply to the Third Party Sites. The links from the Services do not imply

that Flourish endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly

for information on their privacy policies.

Integrating Third-Party Services within the Services

One of the special features of the Service is that it allows you to enable various online third-party

services, such as social media and networking services, (“Third Party Services”) to be directly integrated

into your Flourish experience. To take advantage of this feature, we will ask you to provide us with your

username and password for the relevant Third Party Services. By enabling such Third Party Services, you

are allowing us to pass your log-in information to these service providers for this purpose. When you add

a Third Party Service account to the Service, we will collect your login information and other relevant

information necessary to enable the Service to access that Third Party Service and your data contained

within that Third Party Service. However, please remember that the manner in which Third Party

Services use, store, and disclose your information is governed solely by the policies of such third parties,

and Flourish shall have no liability or responsibility for the privacy practices or other actions of any Third

Party Service that may be enabled within the Service.

Security: Flourish takes reasonable steps to protect the personal data provided via the Services from

loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email,

or other electronic transmission is ever fully secure or error-free, so you should take special care in

deciding what information you send to us in this way.

Other Terms and Conditions: Your access to and use of the Services is subject to the Terms of Service.

Changes to Flourish’s Privacy Policy: The Services and our business may change from time to time. As a

result, at times it may be necessary for Flourish to make changes to this Privacy Policy. Depending on the

type of change, we may notify you of the change by posting on this page or by email. Please review this

policy periodically, especially before you provide any personal data. This Privacy Policy was last updated

on the date indicated above. Your continued use of the Services after any changes or revisions to this

Access to Information; Contacting Flourish: To keep your personal data accurate, current, and complete,

please contact us as specified below. We will take reasonable steps to update or correct personal data in

our possession that you have previously submitted via the Services. You may also have the right to access

and review information associated with your account, or to request further details regarding how long

we use or store your personal data.

By using our Services, you:

● acknowledge that your information will be processed as described in this Privacy Policy;

● consent to having your information transferred to our affiliates and facilities, in the United States

or elsewhere, and to the facilities of those third parties with whom we share it as described in

this Privacy Policy.

We keep your personal information for no longer than necessary for the purposes for which it is

processed. The length of time for which we retain information depends on the purposes for which we

collect and use it and/or as required to comply with applicable laws. Where there are technical

limitations that prevent deletion or anonymization, we safeguard personal data and limit active use of it.

How to Contact Us

You may contact us as follows: emailing inf[email protected] or Flourish: Attention LEGAL; Moskovska

73, Podgorica, Montenegro.

PAYMENT POLICY

Flourish is available for free through Apple’s iTunes store or Android’s Google Play store, with some

games and features restricted. You can purchase a Flourish subscription, which includes all of its

features, through those services. Purchases through these outlets are subject to the terms of service of

either iTunes or Google Play.

Supported payment methods

Payment for products on our online store can be made in one of the following ways: with payment cards

- VISA, Maestro, or MasterCard that support payment via the Internet. Payment by card is realized in

cooperation with AllSecure doo and [BANK] and is done in a safe and certified way through the AllSecure

Payment Gateway, by simply entering data from the payment card.

After entering the card data and confirming the payment, the bank authorizes the transaction and thus

the order is approved and enters the further process of preparation for delivery. The amount will be

reserved on your card (account) and will not be available for any other purpose.

The transaction will be completed and the amount deducted from your account only when the products

are prepared for transport and handed over to the courier service. In the event that the payment is not

completed, that is, the amount is not removed from the account within 14 days of accepting your order,

the order will be canceled and deleted. After the expiration of the 14-day period, the money reserved in

your account is released and will be available to you again. After that, you can repeat the same or a new

order, and make a payment related to them.

Check with the bank that issued the card whether your card supports payment via the Internet.

Applied standards and processes in data protection when paying with cards

When entering payment card data, confidential information is transmitted via a public network in a

protected (encrypted) form using the SSL protocol, using the most modern methods of tokenization of

sensitive data, and in accordance with PCI-DSS standards. Payment card information is never available to

the merchant.

3D Secure protection for all merchants and customers - AllSecure Payment Gateway uses the highest

global standards of data protection and privacy. All merchants using the AllSecure Payment Gateway are

automatically included in the 3D-Secure protection, which guarantees the security of purchases to

customers. Customers' payment card numbers are not stored on the merchant's system, and the

registration itself is protected by SSL data encryption.

PCI DSS Standards - AllSecure Payment Gateway constantly complies with all requirements of card

organizations in order to increase the security level of merchants and customers. From 2005 to today,

without interruption, the system has been certified as PCI-DSS Level 1, which represents the highest

standard in the industry. PCI Data Security Standard (PCI-DSS) is a standard that defines the necessary

security measures for processing, storing and transmitting sensitive card data. PCI Standards protect

sensitive data about the cardholder during the entire payment process: from the moment of data entry

at the merchant's point of sale, during communications between the merchant and relevant banks and

card organizations, as well as the subsequent storage of such data.

How refunds are made in the case of card payments

In the case of a refund to a customer who previously paid with one of the payment cards, partially or in

full, and regardless of the reason for the refund, this refund is made exclusively via the same VISA,

Maestro or MasterCard card that was used for payment. This means that our bank will refund the funds

to the cardholder's account at our request.

If you purchased a subscription directly from us, contact inf[email protected] for assistance with

refunds.

Payment Conversion Statement

"Please note that all payments will be effected in Euro (EUR). If the payment is made using foreign

issuers payment cards, the total amount of transaction will be converted into bank settlement currency,

according to the current exchange rate of Visa/Mastercard."

Subscription

A subscription to Flourish includes, but is not limited to, access to all games and study materials as well

as advanced performance tracking. Subscriptions are paid through the third-party Service, payment

provider.

Flourish offers certain enhanced features of the Services which you can purchase as a yearly subscription

(“Subscription”). A description of features associated with Subscriptions is available via the Services.

When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply

additional information relevant to your Transaction, such as your credit card number, the expiration date

of your credit card, and your address(es) for billing and delivery (such information, “Payment

Information”). You represent and warrant that you have the legal right to use all payment method(s)

represented by any such Payment Information. The amounts due and payable by you for a Transaction

through the Services will be presented to you before you place your order. If you choose to initiate a

Transaction via the Services, you authorize us to provide your Payment Information to third-party service

providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b)

that Flourish may charge your credit card or third party payment processing account where the App is

made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and

levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email

after we confirm the payment for your order. Your order is not binding on Flourish until accepted and

confirmed by Flourish. All payments made are non-refundable and non-transferable except as expressly

provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you

agree not to cancel or reject any credit card or third-party payment processing charges unless you have

made a reasonable attempt at resolving the matter directly with Flourish.

Flourish reserves the right to not process or cancel your order in certain circumstances, for example, if

your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances,

Flourish deems appropriate in its sole discretion. Flourish also reserves the right, in its sole discretion, to

take steps to verify your identity in connection with your order. You may need to provide additional

information to verify your identity before completing your Transaction (such information is included

within the definition of Payment Information). Flourish will either not charge you or refund the charges

for orders that we do not process or cancel.

Changes to Price Terms for Subscriptions

Flourish reserves the right to change its pricing terms for Subscriptions at any time and Flourish will

notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply

retroactively and will only apply for Subscription renewals after such changed pricing terms have been

communicated to you. If you do not agree with the changes to Flourish’s pricing terms then you may

choose not to renew your Subscription

Renewals and Cancellations

Subscriptions to Flourish renew automatically at the end of the subscription period, and you will be

charged the same amount as the original subscription. This occurs unless you choose to turn off

automatic renewals.

You can manage your subscription, cancel it, or turn off automatic renewals through

If you choose to cancel your subscription, it will remain active until the end of your current subscription

period. Please note that uninstalling Flourish will not cancel your subscription.

Additional details about managing your subscription can be found here:

● For iOS, tap here.

● For Android, tap here.

Welcome to Flourish

Flourish, Ltd. (“Flourish,” “we,” “us,” “our”) provides its services (described below) to you through its

website located at Flourishapp.com (the “Site”) and its mobile applications and related services

(collectively, such services, including any new features and applications, and the Site, the “Service(s)”),

subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We

reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any

time. If we do this, we will post the changes on this page and will indicate at the top of this page that

these terms were last revised.

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by

posting the modified Terms on the Site or through other communications. It’s important that you review

the Terms whenever we modify them because if you continue to use the Services after we have posted

modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If

you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

Because our Services are evolving over time we may change or discontinue all or any part of the

Services, at any time and without notice, at our sole discretion.

In addition, when using certain services, you shall be subject to any additional terms applicable to such

services that may be posted on the Service from time to time, including, without limitation, the Privacy

Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Flourish Service is designed to allow users to play games that train a variety of

skills on a mobile device.

Your Registration Obligations: You may be required to register with Flourish in order to access and use

certain features of the Service. If you choose to register for the Service, you agree to provide and

maintain true, accurate, current, and complete information about yourself as prompted by the Service’s

registration form. Registration data and certain other information about you are governed by our Privacy

Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the

approval of your parent or guardian. Member Account, Password, and Security:You are responsible for

maintaining the confidentiality of your password and account, if any, and are fully responsible for any

and all activities that occur under your password or account. You agree to (a) immediately notify Flourish

of any unauthorized use of your password or account or any other breach of security, and (b) ensure that

you exit from your account at the end of each session when accessing the Service. Flourish will not be

liable for any loss or damage arising from your failure to comply with this Section. Modifications to

Service: Flourish reserves the right to modify or discontinue, temporarily or permanently, the Service (or

any part thereof) with or without notice. You agree that Flourish shall not be liable to you or to any third

party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Flourish may establish general

practices and limits concerning the use of the Service, including without limitation the maximum period

of time that data or other Content will be retained by the Service and the maximum storage space that

will be allotted on Flourish’s servers on your behalf. You agree that Flourish has no responsibility or

liability for the deletion or failure to store any data or other Content maintained or transmitted by the

Service. You acknowledge that Flourish reserves the right to terminate accounts that are inactive for an

extended period of time. You further acknowledge that Flourish reserves the right to change these

general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i)

the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain

features through an application downloaded and installed on a mobile device (collectively, the “Mobile

Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s

standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using

certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may

work with all carriers or devices.

Conditions of Use

User Conduct: You are solely responsible for all information, data, text, software, music, sound,

photographs, graphics, video, messages, or other materials (“Content”) that you upload, post, publish, or

display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. The following are

examples of the kind of content and/or use that is illegal or prohibited by Flourish. Flourish reserves the

right to investigate and take appropriate legal action against anyone who, in Flourish’s sole discretion,

violates this provision, including without limitation, removing the offending Content from the Service,

suspending or terminating the account of such violators and reporting you to the law enforcement

authorities. You agree to not use the Service to Post, email or otherwise transmit any Content that:

1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory,

vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically,

or otherwise objectionable;

2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;

3. infringes any intellectual property or other proprietary rights of any party;

4. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities

and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,”

or any other form of solicitation;

5. contains software viruses or any other computer code, files, or programs designed to interrupt,

destroy or limit the functionality of any computer software or hardware or telecommunications

equipment;

6. in the sole judgment of Flourish, is objectionable or which restricts or inhibits any other person

from using or enjoying the Service, or which may expose Flourish or its users to any harm or

liability of any type;

7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with

a person or entity;

8. solicit personal information from anyone under the age of 18;

9. harvest or collect email addresses or other contact information of other users from the Service

or the Site by electronic or other means for the purposes of sending unsolicited emails or other

unsolicited communications;

10. advertise or offer to sell or buy any goods or services for any business purpose that is not

specifically authorized;

11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey

any requirements, procedures, policies or regulations of networks connected to the Service;

12. or violate any applicable local, state, national or international law, or any regulations having the

force of law;

13. further or promote any criminal activity or enterprise or provide instructional information about

illegal activities;

14. or obtain or attempt to access or otherwise obtain any materials or information through any

means not intentionally made available or provided for through the Service.

Fees: You acknowledge that Flourish reserves the right to charge for any portion of the Service and to

change its fees (if any) from time to time at its discretion. You agree to pay all fees when due in

accordance with the terms set forth on the Site.

Apple-Enabled Software Applications

Flourish offers Software applications that are intended to be operated in connection with products made

commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is

made available for your use in connection with an Apple-branded product (such Software,

“Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of

Service, the following terms and conditions apply:

● Flourish and you acknowledge that these Terms of Service are concluded between Flourish and

you only, and not with Apple, and that as between Flourish and Apple, Flourish, not Apple, is

solely responsible for the Apple-Enabled Software and the content thereof.

● You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent

with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with,

the App Store Terms of Service.

● Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the

Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage

Rules set forth in the App Store Terms of Service.

● Apple has no obligation whatsoever to provide any maintenance or support services with

respect to the Apple-Enabled Software.

● Apple is not responsible for any product warranties, whether expressed or implied by law. In the

event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you

may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to

you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other

warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other

claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any

warranty, which will be Flourish’s sole responsibility, to the extent it cannot be disclaimed under

applicable law.

● Flourish and you acknowledge that Flourish, not Apple, is responsible for addressing any claims

of you or any third party relating to the Apple-Enabled Software or your possession and/or use

of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any

claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory

requirement; and (iii) claims arising under consumer protection or similar legislation.

● In the event of any third party claim that the Apple-Enabled Software or the end-user’s

possession and use of that Apple-Enabled Software infringes that third party’s intellectual

property rights, as between Flourish and Apple, Flourish, not Apple, will be solely responsible for

the investigation, defense, settlement and discharge of any such intellectual property

infringement claim.

● You represent and warrant that (i) you are not located in a country that is subject to a U.S.

Government embargo, or that has been designated by the U.S. Government as a “terrorist

supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or

restricted parties.

● If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they

should be directed to Flourish at info@flourishapp.me.

Flourish and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party

beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your

acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be

deemed to have accepted the right) to enforce these Terms of Service against you with respect to the

Apple-Enabled Software as a third party beneficiary thereof.

Special Notice for International Use; Export Controls: Software (defined below) available in connection

with the Service and the transmission of applicable data, if any, is subject to United States export

controls. No Software may be downloaded from the Service or otherwise exported or re-exported in

violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the

global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the

Service, including as it concerns online conduct and acceptable Content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to

display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from,

modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service,

use of the Service, or access to the Service. The Service is for your personal use and may not be used for

direct commercial endeavors.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain

content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other

proprietary rights and laws. Except as expressly authorized by Flourish, you agree not to modify, copy,

frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the

Service Content, in whole or in part, except that the foregoing does not apply to your own User Content

(as defined below) that you legally upload to the Service. In connection with your use of the Service you

shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction

methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly

prohibited. The technology and software underlying the Service or distributed in connection therewith is

the property of Flourish, our affiliates and our partners (the “Software”). You agree not to copy, modify,

create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any

source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not

expressly granted herein are reserved by Flourish.

The Flourish name and logos are trademarks and service marks of Flourish (collectively the “Flourish

Trademarks”). Other company, product, and service names and logos used and displayed via the Service

may be trademarks or service marks of their respective owners who may or may not endorse or be

affiliated with or connected to Flourish. Nothing in this Terms of Service or the Service should be

construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Flourish

Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill

generated from the use of Flourish Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Flourish be liable in any way for any Content posted

by third parties or at the direction of users, including, but not limited to, for any errors or omissions in

any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted,

emailed or otherwise transmitted via the Service. You acknowledge that Flourish does not pre-screen

Content, but that Flourish and its designees shall have the right (but not the obligation) in their sole

discretion to refuse or remove any Content that is available via the Service. Without limiting the

foregoing, Flourish and its designees shall have the right to remove any Content that violates these

that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance

on the accuracy, completeness, or usefulness of such Content.

User Content Posted on or through the Service: You are solely responsible for the Content and other

materials you Post on or through the Service or the Site or transmit to or share with other users or

recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you

do not own all right, title and interest in and to, including, without limitation, all copyright and rights of

publicity contained therein. By Posting any User Content you hereby grant and will grant Flourish and its

affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable,

perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise

use your User Content in connection with the operation of the Service or the promotion, advertising or

marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other

information about the Site or the Service (“Submissions”), provided by you to Flourish are

non-confidential and Flourish shall be entitled to the unrestricted use and dissemination of these

Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to

you.

You acknowledge and agree that Flourish may preserve Content and may also disclose Content if

required to do so by law or in the good faith belief that such preservation or disclosure is reasonably

necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these

the rights, property, or personal safety of Flourish, its users and the public. You understand that the

technical processing and transmission of the Service, including your Content, may involve (a)

transmissions over various networks; and (b) changes to conform and adapt to technical requirements of

connecting networks or devices. Copyright Complaints: Flourish respects the intellectual property of

others, and we ask our users to do the same. If you believe that your work has been copied in a way that

constitutes copyright infringement, or that your intellectual property rights have been otherwise

violated, you should notify Flourish of your infringement claim in accordance with the procedure set

forth below. Flourish will process and investigate notices of alleged infringement and will take

appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable

intellectual property laws with respect to any alleged or actual infringement. A notification of claimed

at [email protected]om (Subject line: “DMCA Takedown Request”).

You may also contact us by mail at: Moskovska 73, Podgorica, Montenegro

To be effective, the notification must be in writing and contain the following information:

● an electronic or physical signature of the person authorized to act on behalf of the owner of the

● a description of the copyrighted work or other intellectual property that you claim has been

infringed;

● a description of where the material that you claim is infringing is located on the Service, with

enough detail that we may find it on the Service;

● 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 or intellectual property 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 or intellectual property owner or authorized to act on

the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was

disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright

owner’s agent, or pursuant to the law, to upload and use the Content in your User Content, you may

send a written counter-notice containing the following information to the Copyright Agent:

● your physical or electronic signature;

● identification of the Content that has been removed or to which access has been disabled and

the location at which the Content appeared before it was removed or disabled;

● a statement that you have a good faith belief that the Content was removed or disabled as a

result of mistake or a misidentification of the Content; and

● your name, address, telephone number, and email address, a statement that you consent to the

jurisdiction of the federal court located within the Northern District of California and a statement

that you will accept service of process from the person who provided notification of the alleged

infringement.

If a counter-notice is received by the Copyright Agent, Flourish will send a copy of the counter-notice to

the original complaining party informing that person that it may replace the removed Content or cease

disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against

the content provider, member or user, the removed Content may be replaced, or access to it restored, in

10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Flourish has adopted a

policy of terminating, in appropriate circumstances and at Flourish's sole discretion, users who are

deemed to be repeat infringers. Flourish may also at its sole discretion limit access to the Service and/or

terminate the memberships of any users who infringe any intellectual property rights of others, whether

or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources

on the Internet. Flourish has no control over such sites and resources and Flourish is not responsible for

and does not endorse such sites and resources. You further acknowledge and agree that Flourish shall

not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused

by or in connection with use of or reliance on any Content, events, goods or services available on or

through any such site or resource. Any dealings you have with third parties found while using the Service

are between you and the third party, and you agree that Flourish is not liable for any loss or claim that

you may have against any such third party.

Third Party Services

You may enable various online services to be directly integrated into your Flourish experience. By directly

integrating these services into the Service, we make your online experiences richer and more

personalized. To take advantage of these features, we may ask you to register for or log into such

services on the websites of their respective providers. By enabling third party services within the Flourish

Service, you are allowing us to pass your log-in information to these service providers for this purpose.

For more information about the implications of activating these third party services and Flourish’s use,

storage and disclosure of information related to you and your use of such services within Flourish

(including your friend lists and the like), please see our Privacy Policy. However, please remember that

the manner in which third party services use, store and disclose your information is governed solely by

the policies of such third parties, and Flourish shall have no liability or responsibility for the privacy

practices or other actions of any third party site or service that may be enabled within your Flourish

Service.

In addition, Flourish is not responsible for the accuracy, availability or reliability of any information,

Content, goods, data, opinions, advice or statements made available in connection with third party

services. As such, Flourish is not liable for any damage or loss caused or alleged to be caused by or in

connection with use of or reliance on any such third party service. Flourish enables these features

merely as a convenience and the inclusion of such features does not imply an endorsement or

recommendation.

Indemnity and Release

You agree to release, indemnify and hold Flourish and its affiliates and their officers, employees,

directors and agent harmless from any from any and all losses, damages, expenses, including reasonable

attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to

your use of the Service, any User Content, your connection to the Service, your violation of these Terms

of Service or your violation of any rights of another. If you are a California resident, you waive California

Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does

not know or suspect to exist in his favor at the time of executing the release, which if known by him must

have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you

waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS. FLOURISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,

IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FLOURISH

MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL

BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM

THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS,

SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE

SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLOURISH SHALL NOT BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS

INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE

LOSSES (EVEN IF FLOURISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER

BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE

USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS

AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR

OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE

SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING

TO THE SERVICE. IN NO EVENT SHALL FLOURISH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES

OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FLOURISH IN THE LAST SIX (6) MONTHS,

OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR

EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE

ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY

PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS

TO DISCONTINUE USE OF THE SERVICE.

Arbitration

At Flourish’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms

of Service or the Service that are not resolved by mutual agreement may be resolved by binding

arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties,

arbitration will be held in Podgorica,Montenegro before a single arbitrator mutually agreed upon by the

parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be

conducted in accordance with the rules and regulations promulgated by JAMS unless specifically

modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date

on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award

shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6)

months of the selection of the arbitrator. The arbitrator will not have the power to award damages in

excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and

may not multiply actual damages or award punitive damages or any other damages that are specifically

excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such

damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the

reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party

refusing to comply with an order of the arbitrators will be liable for costs and expenses, including

attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the

case of temporary or preliminary injunctive relief, any party may proceed in court without prior

arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this

arbitration section will be enforceable in any court of competent jurisdiction.

Termination

You agree that Flourish, in its sole discretion, may suspend or terminate your account (or any part

thereof) or use of the Service and remove and discard any Content within the Service, for any reason,

including, without limitation, for lack of use or if Flourish believes that you have violated or acted

inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or

illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate

law enforcement authorities. Flourish may also in its sole discretion and at any time discontinue

providing the Service, or any part thereof, with or without notice. You agree that any termination of your

access to the Service under any provision of this Terms of Service may be effected without prior notice,

and acknowledge and agree that Flourish may immediately deactivate or delete your account and all

related information and files in your account and/or bar any further access to such files or the Service.

Further, you agree that Flourish shall not be liable to you or any third-party for any termination of your

access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the

Service and Flourish will have no liability or responsibility with respect thereto. Flourish reserves the

right, but has no obligation, to become involved in any way with disputes between you and any other

user of the Service.

General

These Terms of Service constitute the entire agreement between you and Flourish and govern your use

of the Service, superseding any prior agreements between you and Flourish with respect to the Service.

You also may be subject to additional terms and conditions that may apply when you use affiliate or

third-party services, third-party content or third-party software. These Terms of Service shall be

governed by the laws of the State of California without regard to its conflict of law provisions. With

respect to any disputes or claims not subject to arbitration, as set forth above, you and Flourish agree to

submit to the personal and exclusive jurisdiction of the state and federal courts located within Podgorica,

Montenegro. The failure of Flourish to exercise or enforce any right or provision of these Terms of

Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service

is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court

should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other

provisions of these Terms of Service remain in full force and effect. You agree that regardless of any

statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service

or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be

forever barred. A printed version of this agreement and of any notice given in electronic form shall be

admissible in judicial or administrative proceedings based upon or relating to this agreement to the

same extent and subject to the same conditions as other business documents and records originally

generated and maintained in printed form. You may not assign this Terms of Service without the prior

written consent of Flourish, but Flourish may assign or transfer this Terms of Service, in whole or in part,

without restriction. The section titles in these Terms of Service are for convenience only and have no

legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may

also provide notices to you of changes to these Terms of Service or other matters by displaying notices or

links to notices generally on the Service