User Agreement

Last updated: July 12, 2024

Prior version: here

This User Agreement (the "Agreement") governs your access to and use of the Fluent Future websites (the "Platform"), including www.fluent-future.com and its associated services (the "Fluent Future Site"), and www.fluent-future.com and its associated services (the "Fluent Future Site"). The Platform is made available by Fluent Future Inc. ("Fluent Future," "we," "us," or "our"), subject to the terms and conditions contained in this Agreement, to language learners ("Students") and teachers ("Tutors") who offer tutoring services through the Platform ("Tutoring Services"). The terms "User", "you", and "your" refer to anyone accessing or using the Platform, including Students, and Tutors.

If you created an account on the Platform before the date above, this Agreement is effective thirty (30) days after the date above. For everyone else, this Agreement is effective as of the date above.

PLEASE NOTE:SECTION 20 BELOW REQUIRES WITH LIMITED EXCEPTION THAT (1) CLAIMS YOU BRING AGAINST FLUENT FUTURE BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, (2) YOU GIVE UP YOUR RIGHT TO SUE IN COURT AND HAVE YOUR CLAIMS HEARD BY A JURY, AND (3) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING, AS APPLICABLE, THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.

1. Eligibility

You may use the Platform only if you can form a binding contract with Fluent Future, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

Students must be at least 18 years old to use the Fluent Future Site. If you are a Student, you represent that your use of the Platform complies with these age restrictions.

If you are a Tutor or prospective Tutor, you represent that you are over the age of 18. Fluent Future may issue other tutor eligibility requirements from time to time, and the requirements may vary depending on the applicable Tutoring Service. Fluent Future reserves the right to assess and reassess your eligibility at any time at its sole discretion, and may request information from you at any time to make such determinations.

If Fluent Future has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.

1. Additional Terms and Guidelines

Access to and use of the Platform by Tutors is also governed by the Tutor Addendum, which is incorporated by reference into this Agreement.

Students and Tutors are subject to any additional guidelines, rules, or terms that are posted or otherwise made available to you in connection with the Platform, all of which are incorporated by reference into this Agreement.

1. Data Privacy

Please review the Fluent Future Privacy Policy, as applicable to your use of the Platform.

Tutors acknowledge their role as a data controller to the extent they receive personal information in the course of providing Tutoring Services, and agree to comply with their obligations under applicable law as a data controller.

1. Modifications

We may modify the Agreement from time to time, and will notify you of material changes in advance of the effective date of those changes by email, by posting a notice on the Platform, or by other means. Your access to or use of the Platform after the effective date of such changes constitutes your acceptance of those changes. Do not access or use the Platform if you do not accept the changes.

1. Accounts

If you create an account on the Platform, you agree that the information you provide, at all times, will be true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Fluent Future. You may be liable for the losses incurred by Fluent Future or others due to any unauthorized use of your account.

Except as provided herein, your account may only be used by you.

1. License to Use the Platform

Subject to your compliance with the terms of this Agreement, Fluent Future grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to access and use the Platform as it is provided to you by Fluent Future solely for your personal use as an actual or prospective Student or Tutor in a manner that complies with the Platform’s intended use, the terms of this Agreement, and in compliance with all legal requirements. Fluent Future may revoke this license at any time, in its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or content available therein, except as expressly permitted in this Agreement. The Platform or content available therein are provided to you AS IS. If you download or print a copy of any content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fluent Future or its licensors, except for the licenses and rights expressly granted in this Agreement.

To the extent you need additional or different hardware or software to access and use all features of the Platform, you are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system. You hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with the Platform.

Fluent Future is a platform that connects students and tutors for online learning purposes. The platform is designed for individuals seeking to improve their language skills or acquire new knowledge. Fluent Future is based in Poland, Europe, and does not offer learning services for children. The platform is accessible via the website fluent-future.com and does not have a mobile application. For any inquiries or concerns, please contact us at testowymichal14@gmail.com.

You may not, and may not assist, encourage, or enable others to:

• access or use the Platform for any purpose that is inconsistent with its intended purpose, or for any purpose that is unlawful or prohibited by this Agreement;
• use the Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform;
• intentionally interfere with or damage the operation of the Platform, or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
• remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform;
• attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
• use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;
• utilize any trademark, logo, or other Fluent Future materials without our express written consent, including through framing techniques or in meta tags of "hidden text";
• modify the Platform in any manner or form, or use modified versions of the Platform, including (without limitation) for obtaining unauthorized access to the Platform;
• create more than one account, use another person’s account without authorization, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;
• in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
• spam anyone;
• post advertisements or conduct any commercial solicitation purposes without Fluent Future’s written permission;
• engage in conduct or post content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, humiliating to other people (publicly or otherwise), or otherwise violates any law or right of Fluent Future or any third party;
• share other people's private or personally identifiable information without their express authorization and permission; or
• attempt to indirectly undertake any of the foregoing.

8. Monitoring and Recording

Fluent Future may monitor, record, and retain the interactions between and among Users on the Platform, including any audio, video, or text. You hereby consent to: (i) the monitoring, recording, and retention of any interaction you engage in, which may include your voice, image, and communications ("Recordings"); (ii) Fluent Future storing and making use of such Recordings for its own internal business purposes, including without limitation for purposes of User evaluation, User training, dispute resolution, and improving the Platform and services available through it; (iii) such Recordings being made available to the parties in a Recording (e.g., Users) and their legal guardians; (iv) such Recordings being used or disclosed by Fluent Future to the extent required by law or legal process or to the extent Fluent Future deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (v) as you otherwise agree.

You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Fluent Future from using Recordings for the limited purposes set forth in this section or as you otherwise agree, and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Recording or content therein to Fluent Future to copy, modify, distribute and use such Recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of Recordings as set forth in our Privacy Policy.

You agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any interaction, except as allowed by this Agreement. To the extent Recordings are made available to you by Fluent Future, you agree to use them solely for your personal use and not for further distribution or publication.  

Artificial Intelligence. Fluent Future uses artificial intelligence (AI) technologies to enhance the user experience, including in connection with chatbots to practice English, lesson summaries, and progress summaries. These technologies may be used to analyze your interactions and usage patterns, as well as other available data. By using Fluent Future, you acknowledge and consent to the use of AI technologies as described in this agreement.

9. Automated User Recommendations and Compliance with the Digital Services Act

Fluent Future users may receive user recommendations, course recommendations, and other personalized feedback based on their goals and learning history through an automated system. This system analyzes the user's preferences, progress, and past interactions to suggest users that best match their needs. In compliance with the Digital Services Act, we disclose that these recommendations are generated automatically using algorithms designed to enhance your learning experience. For more details on how these decisions are made or to contest a recommendation, please contact our support team.

10. User Content

We may allow you to submit, post, upload, publish, transfer, link, display, or otherwise make available (hereinafter, "post") information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform ("User Content") that may or may not be viewable by others.

You retain ownership of all intellectual property rights you have in the User Content you post on the Platform. By posting User Content on or through the Platform, you grant Fluent Future a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for Fluent Future’s business purposes or as required by law or legal process. In the interest of clarity, the license granted to Fluent Future will survive termination of the Platform or your account. You represent, warrant and agree that you have the necessary rights to grant us the license described in this section for any User Content that you post. You agree that this license includes the right for other Users with permitted access to your User Content (e.g. Tutors or Students) to use your User Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.

You will be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Fluent Future does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please contact Fluent Future’s support team at testowymichal14@gmail.com.

Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.

Fluent Future reserves the right in its sole discretion to remove or disable access to any User Content from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Fluent Future reserves the right to monitor User Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your User Content and ensure that your User Content is accurate and consistent with your representations and warranties in this Agreement.

Fluent Future reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Fluent Future, its Users and the public.

11. Ownership and Proprietary Rights

The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform ("Fluent Future Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Fluent Future Materials are the property of Fluent Future or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Fluent Future or its affiliates and/or third-party licensors. Except as expressly authorized by Fluent Future, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Fluent Future Materials.

Any feedback, comments, questions, or suggestions (collectively, "Feedback") you may provide regarding the Platform is entirely voluntary and we will be free to use such Feedback without any obligation to you. By sending us Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Fluent Future and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback will survive any termination of your account or the Platform.

1. Trust and Safety

Fluent Future strives to promote a safe and inclusive learning environment, but has limited control over how Students and Tutors may interact with one another. You acknowledge that Fluent Future makes no representations or warranties about Students or Tutors, their use of the Platform, or their background, training, or behavior.

Please contact Fluent Future’s support team at testowymichal14@gmail.com if you have concerns about any Tutor or Student.

1. Payments, Cancellations, and Refunds

Payment Terms. All purchases are subject to the terms referenced at the time of purchase as well as those contained in this User Agreement. For example, if you purchase Tutoring Services

for a defined subscription period (a “Subscription Plan”), you agree to accept charges on a recurring and auto-renewing basis to your payment account(s). You will be charged the first recurring payment on the date of the registration for the Subscription Plan, and will be charged on a recurring basis as long as your Subscription Plan is active (including through auto-renewals) and until it ends (for example, by cancellation or termination). Your account will include information on the payment date for your Subscription Plan. In some cases, your payment date may change, for example, to accommodate months with different numbers of days. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Platform until we receive payment.

Refunds and Cancellations. Subscription Plans and other services purchased in connection with the Platform are non-refundable and non-creditable, except where required by law.

If you believe you have been mistakenly charged please contact Fluent Future’s support team at testowymichal14@gmail.com. Refund requests must be received within thirty (30) days of the erroneous charge. Early cancellation requests are granted at Fluent Future’s sole discretion.

1. Modifications and Termination of Accounts or the Platform

Fluent Future may modify or discontinue the Platform and any of the media, products or services available through it at any time without notice. The media, products or services on the Platform may be out of date, and Fluent Future makes no commitment to update these materials on the Platform.

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Fluent Future support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or canceled, and why this action has been taken.

You may cancel your use of the Platform and/or terminate your account at any time by contacting Fluent Future’s support team at testowymichal14@gmail.com. Please note that if your account is canceled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform unless otherwise required under applicable law. If we terminate the account of a Tutor, the applicable Tutor will be entitled to payment for Tutoring Services performed prior to the effective date of termination, payable within sixty (60) days of termination. Such payment will constitute full settlement of any and all claims of Tutor of every description against Fluent Future.

1. DMCA Notice

It is Fluent Future’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Fluent Future’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Platform.
• Information reasonably sufficient to permit Fluent Future to contact you, such as your address, telephone number, and email address.
• A statement that you have a
• Any demand for arbitration against Fluent Future must be delivered to Fluent Future at its agent for service of process at [Fluent Future's address in Poland], with a copy to Fluent Future’s headquarters at [Fluent Future's headquarters address].
• Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to this Agreement. The arbitrator and/or [arbitration organization] may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in [applicable law]), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to this Agreement.
• If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and Fluent Future submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
• If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and Fluent Future agree that [arbitration organization] will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. [arbitration organization] will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
• The arbitrator has the authority to grant motions dispositive of all or part of any dispute. The arbitrator will render an award within the time frame specified in the applicable [arbitration organization] rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Arbitration Agreement and this Agreement, including the “Limitation of Liability” section above. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

1. Changes to This Section. Fluent Future will provide thirty (30) days' notice of any changes affecting the substance of this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments affecting the substance of this section will become effective thirty (30) days after they are posted on the Platform or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection will be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
2. Entire Agreement; Survival.  In addition to the terms set forth in the Class Action Waiver and PAGA Individual Action Requirement provisions above, if any provision of this Arbitration Agreement is adjudged to be invalid, void, voidable or otherwise unenforceable, in whole or in part, such provision shall, without affecting the validity of the remainder of the Arbitration Agreement, be severed from this Arbitration Agreement. All remaining provisions shall remain in full force and effect. This Arbitration Agreement survives after the termination of this Agreement and/or after you cease any relationship with Fluent Future. Each Covered Party may enforce this Arbitration Agreement as direct or third-party beneficiaries.

1. Dispute Resolution, Jurisdiction, and Venue (Outside the U.S.)

If you reside or have your place of establishment outside of the United States, this Section applies to you. You agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the State and Federal courts located within [jurisdiction outside the U.S.].

1. General

1. Notices. You consent to receive communications from Fluent Future electronically, including by email and notices posted to the Platform. You agree that all agreements, notices, disclosures, and other communications that Fluent Future provides to you electronically satisfy any legal requirement that such communications be in writing. Except as provided herein, all notices and communications to Fluent Future will be in writing and will be deemed to have been duly given or made (i) with delivery by hand, when delivered, (ii) with delivery by certified or registered mail, postage prepaid; or (iii) with delivery by internationally recognized overnight courier. Notices to Fluent Future must be sent to [Fluent Future's address in Poland], with a copy to Fluent Future’s headquarters at [Fluent Future's headquarters address].
2. Language. Any action brought under this Agreement will be conducted in the English language. If you are located in France or Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this Agreement be drafted in English; les parties contractantes confirment qu'elles ont exigé que le présent contrat et tous les documents associés soient redigés en anglais.
3. Complete Agreement. This Agreement contains the entire understanding between the parties and supersedes, replaces and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, nor understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed herein.
4. Severability. In the event any provision of this Agreement will be held invalid, the same will not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms will remain in full force and effect.
5. Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fluent Future without restriction. Any attempted transfer or assignment in violation hereof will be null and void. The terms of this Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns.
6. Survival. Sections 3, 8-11, and 13-22 will survive any termination of this Agreement.
7. Non-Waiver. No delay or omission by Fluent Future in exercising any right under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by Fluent Future on any one occasion will be effective only in that instance and will not be construed as a bar or waiver of any right on any other occasion.
8. Headings. The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.
9. Governing Law. This Agreement will in all respects be governed by the laws of Poland, without reference to its principles of conflicts of laws.
10. Contact Us. Please contact Fluent Future’s support team at testowymichal14@gmail.com with any questions regarding this Agreement.

1. Fluent Future

If you access our Platform using a web application that you access and/or use and that runs on [operating system], you acknowledge and agree that:

• the Fluent Future App may only be accessed and used on a device owned or controlled by you and using [operating system];
• the terms of this Agreement are between you and Fluent Future, and not with any third-party;
• Fluent Future has no obligation at all to provide any support or maintenance services in relation to the Fluent Future App, and if you have any maintenance or support questions in relation to the Fluent Future App, please contact Fluent Future;
• except as otherwise expressly set forth in this Agreement, any claims relating to the possession or use of the Fluent Future App are between you and Fluent Future;
• in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the Fluent Future App infringes any intellectual property rights, Fluent Future will not be responsible or liable to you in relation to that claim; and
• although this Agreement entered into between you and Fluent Future, Fluent Future, as a third-party beneficiary under this Agreement, will have the right to enforce these terms against you.

In addition, you represent and warrant that:

• you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country;
• you are not listed on any United States Government list of prohibited or restricted parties; and
• if the Fluent Future App does not conform to any warranty applying to it, you may notify Fluent Future, which will then refund the purchase price of the Fluent Future App (if any) to you. Subject to that, and to the maximum extent permitted by law, Fluent Future does not give or enter into any warranty, condition or other term in relation to the Fluent Future App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Fluent Future App or as a result of you or anyone else using the Fluent Future App or relying on any of its content.

1. Fluent Future App

If you access our Platform on a web application that you access, and/or use from the Fluent Future website ("Fluent Future-Sourced Software"): (i) you acknowledge that this Agreement is between you and Fluent Future only, and not with any third-party; (ii) your use of Fluent Future-Sourced Software must comply with Fluent Future’s then-current Terms of Service; (iii) Fluent Future is only a provider of the Fluent Future website where you obtained the Fluent Future-Sourced Software; (iv) Fluent Future, and not any third-party, is solely responsible for its Fluent Future-Sourced Software; (v) Fluent Future has no obligation or liability to you with respect to Fluent Future-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Fluent Future is a third-party beneficiary to this Agreement as it relates to Fluent Future’s Fluent Future-Sourced Software.