FlowFitness Merchant Terms and Conditions
These Terms and Conditions, along with the E-Sign Disclosure Agreement (available on our website) ("E-Sign Disclosure Agreement"), form a binding and enforceable agreement ("Agreement") between you ("Subscriber" or "User") and NovaRidge Commerce LLC, doing business as FlowFitness ("FlowFitness"). Each of the Subscriber and FlowFitness is referred to as a "party" and collectively as the "parties."
This Agreement governs your subscription to the FlowFitness platform and use of our services.
Delivery of Digital Services
Upon placing an order for our digital services, you will immediately receive a welcome email containing important information about your subscription and an overview of what to expect. There is no need to create a user account; all content will be delivered directly to the email address you provided in the order form, making access simple and seamless.
Content Delivery Schedule
Content will be delivered according to the plan you select at the time of purchase. For daily plans, you will receive content drops every day; for weekly plans, content will be sent once per week; and for monthly plans, content will be delivered on a monthly basis. All content is sent via email, so you don’t need to log into any portal or platform to receive it.
Access and Acknowledgment
By subscribing to our services, you acknowledge that all delivery is digital and will be sent exclusively to the email address provided in your order, with no additional user account required.
1. Definitions
1.1.
Subscription means the recurring or one-time payment plan that grants you access to FlowFitness’s services.
1.2.
Subscription Fee means the amount charged for your selected subscription plan (monthly or daily), as displayed at the time of purchase.
1.3.
Billing Cycle means the period for which your subscription is active, typically 30 days for monthly subscriptions or 24 hours for daily subscriptions.
1.4.
Service means the FlowFitness platform, website, and all related services.
1.5.
Account means your user account created to access FlowFitness’s services.
1.6.
Payment Method means any payment method you provide, including credit cards, debit cards, or other accepted payment methods.
1.7.
Applicable Law means all applicable laws and regulations, including consumer protection laws, data protection laws, the Restore Online Shoppers Confidence Act (ROSCA), Card Network Rules, and PCI DSS requirements.
1.8.
Card Network Rules means all rules and regulations of applicable card networks.
1.9.
Chargeback means a payment dispute initiated through your payment provider.
1.10.
Confidential Information means any information designated as confidential, including financial data, transactions, trade secrets, or contractual arrangements.
1.11.
Intellectual Property Rights means all intellectual property rights including copyrights, trademarks, patents, and trade secrets.
1.12.
PCI DSS means the Payment Card Industry Data Security Standard.
1.13.
Refund means payment returned pursuant to our Refund Policy.
1.14.
ROSCA means the Restore Online Shoppers Confidence Act.
2. Subscription Service
2.1.
FlowFitness provides access to digital services through subscription plans.
2.2.
Subscriptions automatically renew at the end of each billing cycle unless canceled before renewal.
2.3.
FlowFitness reserves the right to modify, update, or discontinue features at any time.
2.4.
Access to the Service is provided on an "as available" basis.
2.5.
You must create an Account and provide accurate information.
3. Subscriber Obligations
3.1.
You must be at least 18 years old (or the age of majority in your jurisdiction).
3.2.
You agree to provide accurate and current registration information.
3.3.
You are responsible for all activity under your Account.
3.4.
You must not:
Share login credentials
Circumvent security measures
Use the Service for illegal purposes
Violate applicable laws
Infringe intellectual property rights
3.5.
You must notify FlowFitness immediately of unauthorized account use.
3.6.
You agree to comply with all applicable laws.
4. FlowFitness Obligations
4.1.
FlowFitness will provide the Service with reasonable care and skill.
4.2.
FlowFitness will attempt to maintain Service functionality but does not guarantee uninterrupted operation.
4.3.
FlowFitness will process payments in accordance with PCI DSS standards.
4.4.
FlowFitness will provide advance notice (typically 5–7 days) before recurring charges.
4.5.
FlowFitness will comply with applicable consumer protection and data protection laws.
5. Payments and Billing
5.1.
By subscribing, you authorize FlowFitness to charge your Payment Method at the beginning of each Billing Cycle.
5.2.
Subscription Fees are charged in advance.
5.3.
You are responsible for maintaining valid payment information.
5.4.
If payment fails, FlowFitness may suspend or terminate your subscription.
5.5.
In the event of payment failure, FlowFitness may apply a discounted rate or administrative fee where permitted. You are responsible for resolving payment issues with your provider. If a failure is attributable to FlowFitness, contact:
5.6.
Fees are exclusive of applicable taxes.
5.7.
FlowFitness may change subscription pricing with 30 days’ notice.
6. Cancellation and Refunds
6.1.
You may cancel at any time by contacting:
6.2.
Cancellation takes effect at the end of the current Billing Cycle.
6.3.
Refunds are handled in accordance with the FlowFitness Refund Policy and may be available for:
Unused portions of subscriptions canceled within a specified period
Technical issues preventing access
Other circumstances determined by FlowFitness
6.4.
FlowFitness reserves the right to refuse refunds for substantially used subscriptions or suspected abuse.
6.5.
Chargebacks may result in immediate suspension or termination.
7. Data Protection
7.1.
FlowFitness processes Personal Data in accordance with its Privacy Policy.
7.2.
Where required by law, the parties agree to comply with the FlowFitness Data Processing Agreement (DPA).
7.3.
You consent to the collection and use of your data as described in the Privacy Policy.
8. Intellectual Property Rights
8.1.
All Intellectual Property Rights in the Service belong to FlowFitness or its licensors.
8.2.
You are granted a limited, non-exclusive, non-transferable license for personal, non-commercial use.
8.3.
You may not:
Copy or distribute Service content
Reverse engineer software
Remove proprietary notices
Build competing products
9. Disclaimer; Limitation of Liability
9.1.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES.
9.2.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWFITNESS’S TOTAL LIABILITY SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
9.3.
FLOWFITNESS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9.4.
FlowFitness shall defend and indemnify you against claims that the Service infringes third-party intellectual property rights.
10. Term and Termination
10.1.
This Agreement begins upon subscription and continues until terminated.
10.2.
You may terminate by canceling your subscription.
10.3.
FlowFitness may terminate or suspend access if:
You breach the Agreement
You engage in unlawful conduct
Payment fails
Required by law
10.4.
Upon termination, access immediately ceases.
10.5.
Provisions relating to payment, intellectual property, and limitation of liability survive termination.
11. General
11.1.
Notices may be provided via email or posted within the Service.
11.2.
This Agreement constitutes the entire agreement between you and FlowFitness.
11.3.
FlowFitness may revise these Terms at any time.
11.4.
You may not assign this Agreement. FlowFitness may assign without restriction.
11.5.
FlowFitness is not liable for delays due to events beyond its reasonable control.
11.6.
This Agreement is governed by the laws of the State of Delaware. Disputes shall be resolved by binding arbitration in Wilmington, Delaware, except for equitable relief relating to intellectual property.
11.7.
Failure to enforce any provision does not constitute a waiver.
11.8.
The parties are independent contractors.
