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Terms and Conditions

Last Updated: August 10, 2026

These Terms and Conditions ("Terms") form an agreement ("Agreement") between you ("you" and "your") and TammyFlow Technologies, LLC (collectively, "TammyFlow," "we," or "us").

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TammyFlow provides this website ("Platform") offering you and other users ("Users") with the opportunity to access a variety of information, images, data, and content ("Content") as well as the use of various services and resources. The Contents of the TammyFlow Platform created by TammyFlow or obtained from TammyFlow's licensors, and other materials contained on the Platform are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform.

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If you think you may have a medical emergency, call your doctor or 911 immediately. TammyFlow does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided by TammyFlow is solely at your own risk.

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TammyFlow is willing to allow you to access and use the Platform (including available Content) if you agree to be bound by this Agreement.

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This Agreement will form a binding legal agreement between you and TammyFlow as of the date you first accept this Agreement, including electronically, or any earlier date on which you access or use the Platform or any Content ("Effective Date"). You and TammyFlow are each a party to this Agreement and together are the parties to this Agreement.

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PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TAMMYFLOW. BY ACCESSING AND USING THE PLATFORM (INCLUDING ANY CONTENT OR OUTPUTS), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.

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BY ENTERING INTO THIS AGREEMENT, YOU MAY BE WAIVING CERTAIN RIGHTS. IN PARTICULAR, THIS AGREEMENT CONTAINS PROVISIONS PROVIDING FOR MANDATORY BINDING ARBITRATION AND WAIVER OF JURY TRIALS, WHICH LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

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ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

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1. DEFINITIONS

 

Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.

 


2. SCOPE

 

This Agreement governs your access to and use of the Platform and all Content, including any Outputs (as applicable). Unless otherwise specified in this Agreement, all access to and use of the Platform and all Content, including Outputs, by you or on your behalf is subject to this Agreement. This Agreement is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between you and TammyFlow, regarding your access to and use of the Platform and Content, including any Outputs.

 

 

3. OUTPUTS

 

The Platform consists of features and functionality provided through the use of artificial intelligence and other machine learning technology ("AI Features"). All references herein to the Platform will include any such AI Features. Your access to and use of any AI Features is subject to compliance with this Agreement and any other documentation, guidelines, or policies we may provide regarding those AI Features.

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The quality, accuracy, and completeness of any text, images, or other materials generated through any AI Features ("Outputs") is highly dependent on many factors, including the nature and quality of the text, data, User Media, or other materials ("Inputs") used to generate those Outputs. We cannot and do not guarantee the generation of Outputs by any AI Feature. Due to the nature of artificial intelligence and machine learning technology, Outputs may be incomplete, contain inaccuracies or errors, be biased or offensive, or fail to meet your needs or expectations. All Outputs are for informational purposes only and we are not responsible for any errors or omissions in any Outputs. You are solely responsible for reviewing and verifying all Outputs and should not rely on any Outputs for legal, professional, regulatory, compliance, or other purposes without independently verifying the applicability and suitability of those Outputs to your intended use. You are solely responsible for all Inputs and your use of all Outputs. You will not mislead anyone as to the origin of any Outputs, including that any Output was human generated. You will ensure that all Inputs, as well as the use of all Outputs, does not infringe or violate any third party rights and otherwise complies with all applicable laws. As between you and TammyFlow, and to the extent permitted by applicable law, you own the Outputs generated for you through your use of the AI Features, subject to TammyFlow's rights to use Inputs and Outputs as set out in this Agreement.

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Outputs provided to you may also be similar or the same as Outputs produced for other Users. Outputs may not be subject to intellectual property protection. Your rights in any of the Outputs may not be enforceable. You will not use any Outputs (or any AI Features) to develop, train, or improve other artificial intelligence models.

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Certain of the AI Features are Third Party Content. The AI Features may also allow access to other Third Party Content. By using any AI Features, you acknowledge and agree that the Inputs you submit through any AI Feature may be processed by us or by any such third-party provider solely to operate and provide the applicable AI Features to you, in each case subject to that third-party provider's own Third Party Terms. By accessing or using any AI Features, you also agree to all Third Party Terms applicable to such AI Features.

 


4. FEES

 

The use of the Platform, including the generation of Outputs through the AI Features, may require payment of fees ("Fees"). Unless otherwise stated on the Platform, Fees are charged on a per-Output basis, meaning you will be charged a fee for each Output generated by the Platform through your use of the AI Features, at the rate(s) then posted on the Platform or otherwise communicated to you at the time of purchase.

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You authorize TammyFlow (or its third-party payment processor) to charge your designated payment method for all Fees incurred. If your payment method cannot be charged for any reason, TammyFlow may suspend or limit your access to the Platform, including the AI Features, until payment is received.

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TammyFlow may change its Fees at any time. Your continued use of the Platform following any such change constitutes your acceptance of the revised Fees. Except as required by applicable law or as otherwise stated in this Agreement, all Fees are non-refundable.

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5. THIRD PARTY TERMS AND CONDITIONS

 

The Platform may also provide you with access or links to Content or other resources provided by third parties ("Third Party Content") that are not under the control of TammyFlow. TammyFlow does not operate, control, or endorse any Third Party Content and is not responsible for any Third Party Content. Third Party Content is offered for your convenience and you assume sole responsibility for your use of any Third Party Content. Your use of any Third Party Content is subject to any additional terms and conditions applicable to that Third Party Content ("Third Party Terms"). Any Third Party Terms shall control only as to your use of the Third Party Content covered by those Third Party Terms and the terms of this Agreement will continue to control in all other respects with respect to the Platform and all Content.

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6. MODIFICATIONS TO THIS AGREEMENT

 

TammyFlow may, in its sole discretion, modify this Agreement from time to time. TammyFlow will use commercially reasonable efforts to provide notice of any material modifications to this Agreement. Notice may be provided to you directly or to all Users through the Platform. Unless we make a change to this Agreement for legal or administrative reasons, any modification to this Agreement will be effective 5 days following posting of the modified version of this Agreement to the Platform. Your continued access to the Platform or use of the Content, including any Outputs, following that date constitutes your acceptance of, and agreement to be bound by, any modified Agreement. Except for the foregoing, this Agreement may be amended or modified only in writing signed by both parties.

 


7. RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM

 

We reserve the right to modify, suspend, or discontinue the Platform at any time with or without notice, by making those modifications available to you as part of the Platform. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or any Content.

 


8. ELIGIBILITY REQUIREMENTS AND REPORTS CONCERNING MINORS

 

You must be at least 18 years of age to become a User or otherwise access or use the Platform, including any Content or Outputs, for your own personal use ("Eligibility Requirement"). The Eligibility Requirement applies to the individual accessing or using the Platform and does not, by itself, restrict the age of any individual who is the subject of a report, profile, or other Content submitted to or generated through the Platform ("Subject"), provided that the Subject's information is submitted by a User who satisfies the Eligibility Requirement and, where the Subject is under 18 years of age, by a parent or legal guardian of that Subject, or another individual otherwise legally authorized to act on the Subject's behalf. Additional eligibility requirements may be stated on the Platform. If you do not meet any such eligibility requirements, the Platform is not for you, and you are not permitted to become a User of the Platform and you may not access or use any Content, including any Outputs.

 


9. ACCOUNTS

 

In order to access certain features of the Platform, you may be required to set up a local account that is stored solely on your own device ("Account"). The Platform does not create or maintain any server-side account for you, does not use any authentication mechanism (such as a username or password), and does not collect or store any credentials or email address in connection with your Account. You are solely responsible for the device on which your Account is stored and for all activities that occur through your Account. Because your Account resides only on your device, TammyFlow has no ability to access, view, recover, back up, or restore your Account or any information associated with it, and any loss of, damage to, reset of, or unauthorized access to your device may result in the permanent loss of your Account and its associated information, for which TammyFlow will have no liability. TammyFlow will not be liable for any loss or damage arising from your failure to secure your device or from any unauthorized access to or use of your Account. TammyFlow reserves the right to require you to update your Account at any time if any information provided in connection with your Account is found to be inaccurate, false, or otherwise in violation of this Agreement.

 


10. TERM

 

This Agreement is effective as of the Effective Date and will continue until terminated as set forth herein.

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11. ACCESS
 

Subject to your compliance with this Agreement, during the term of this Agreement, TammyFlow will permit you to access the Platform, solely for your own personal use in accordance with the terms of this Agreement. Unless otherwise permitted in writing, your right to access the Platform is personal to you and you may not distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Platform or otherwise make the Platform available to any third party.

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The Platform offers a variety of Content. Content may include text, audio, video, photographs, illustrations, graphics and other content. The Content made available through the Platform includes Content provided by TammyFlow and its providers ("Platform Content"). All Content is for informational purposes only. TammyFlow is not responsible for any errors or omissions in any Content. You are solely responsible for verifying the accuracy and completeness of all Content, as well as the applicability and suitability of any Content to your intended use. Subject to your compliance with this Agreement, you may access the Platform Content made available to you through the Platform solely for your own personal use in connection with your use of the Platform. Except in the case of generated Outputs (as permitted by applicable law), unless otherwise permitted in writing, you will not, and will not permit any third party to: (1) alter, modify, reproduce, or create derivative works of any Content; (2) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (3) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Without limiting the foregoing, TammyFlow will not be held liable to you or any other third party for any Content (including Outputs or Inputs) under the Communications Decency Act (47 U.S.C. § 230).

 


12. OWNERSHIP

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TammyFlow retains all right, title and interest, including all intellectual property rights, in and to the Platform and all Platform Content, except any Outputs, as well as all software, databases, hardware, and other technology used by or on behalf of TammyFlow to operate the Platform ("Technology"), and any additions, improvements, updates and modifications thereto (collectively, "TammyFlow Property"). Except in the case of Outputs, you receive no ownership interest in or to the TammyFlow Property and you are not granted any right or license to use the TammyFlow Property itself, apart from your ability to access the Platform and Content under this Agreement. For the avoidance of doubt, these licensing restrictions do not apply to Outputs. The TammyFlow name, logo and all product and service names associated with the Platform and Content are trademarks of TammyFlow and its licensors and providers and you are granted no right or license to use them.

 


13. FEEDBACK

 

Any comments, feedback, suggestions, and other communications regarding the Platform ("Feedback") are entirely voluntary. We will be free to use any Feedback you may provide as we see fit for any purpose and without notice, payment, or other obligation to you. All use of any Feedback will be at our sole discretion.

 


14. ADDITIONAL RESTRICTIONS

 

You may use the Platform only for lawful purposes in accordance with this Agreement. As a condition of your use of the Platform, you represent and warrant to us that you will not, and will not permit any third party to, use the Platform for any purpose that is unlawful or prohibited by this Agreement.

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Without limiting the foregoing, whether on behalf of yourself or on behalf of a third party, you will not and will not permit any third party to access (or attempt to access) or use the Platform:

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  • to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make;

  • in a manner that violates any national, state, local or international law, rule or regulation;

  • to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;

  • in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the Platform or Technology;

  • to alter, modify, reproduce, create derivative works of the Platform;

  • to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy, publicity or other personal rights of any third party, or that is defamatory, obscene, threatening, abusive or hateful; or

  • in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Platform.

 


15. USER SUBMISSIONS — IMAGE, VIDEO, AND FILES

 

You agree to only submit, post, or upload media files, or Content (including photographs, videos, or audio files) to the Platform (collectively, "User Media") that you have created yourself or for which you have obtained all necessary rights to transmit and license, and which do not violate any trademark, copyright, privacy, or other rights of any third party.

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By submitting or uploading any User Media to the Platform, you represent and warrant that you have obtained permission from all persons appearing in such User Media to make the submission and to grant the rights described herein. You may not submit any photograph or video depicting any individual without that individual's explicit prior permission.

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It is strictly prohibited to submit or upload User Media of any kind that contains expressions of hate, abuse, offensive imagery or conduct, obscenity, pornography, sexually explicit content, or any other material that could give rise to any civil or criminal liability under applicable law or regulation, or that is otherwise in conflict with this Agreement or the TammyFlow Privacy Policy.

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You agree that you will not submit or upload any User Media that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or the Platform.

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By submitting or uploading any User Media to the Platform: (a) you grant to TammyFlow a non-exclusive, worldwide, royalty-free, fully paid-up right and license to use, reproduce, and display such User Media solely to the extent necessary to provide the Platform and perform the tasks you request through the Platform; (b) you certify that any person depicted in such User Media (or, if such person is a minor, his or her parent or legal guardian) has authorized TammyFlow to exercise all of the rights set forth in subsection (a) above with respect to such User Media; and (c) you agree to indemnify the Indemnified Parties and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from such User Media and/or your failure to comply with this Agreement.

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16. TERMINATION

 

This Agreement may be terminated by either party at any time, in that party's sole discretion, upon notice to the other party as permitted under this Agreement. Such termination shall take effect immediately. Upon termination of this Agreement for any reason: (1) all rights and subscriptions granted to you under this Agreement will terminate; and (2) except in the case of generated Outputs, you will immediately cease all use of and access to the Platform and all Content (including, all Content you obtained prior to termination).

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Any provision of this Agreement that by its nature or express terms should survive termination or expiration of this Agreement will survive such termination or expiration, including, without limitation, provisions relating to ownership, indemnification, limitations of liability, disclaimers, dispute resolution, and any accrued rights or obligations of either party.

 


17. SUSPENSION

 

Without limiting TammyFlow's right to terminate this Agreement, TammyFlow may also suspend your access to the Platform and the Content (but not including your Outputs), with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by TammyFlow to be inappropriate or detrimental to the Platform, TammyFlow or any TammyFlow provider, any other User, or any third party.

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18. REPRESENTATIONS AND WARRANTIES

 

You represent and warrant on your behalf and on behalf of your authorized users to TammyFlow that: (1) you have the legal right and authority to enter into this Agreement and, if you are entering this Agreement on behalf of an entity or organization, to bind that entity or organization to the terms of this Agreement; (2) this Agreement forms a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement; and (4) your use of and access to the Platform, including all Content and User Media, will comply with all applicable laws, rules, and regulations and will not cause TammyFlow to violate any applicable laws, rules, or regulations.

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19. NO PROFESSIONAL ADVICE

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THE PLATFORM, CONTENT, AND OUTPUTS DO NOT PROVIDE LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE OR RECOMMENDATIONS. ALL CONTENT AND AS APPLICABLE OUTPUTS MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE FOR INFORMATIONAL PURPOSES OR GENERAL GUIDANCE ONLY. YOUR USE OF THE PLATFORM OR ANY CONTENT OR OUTPUTS AND ANY INTERACTIONS YOU MAY HAVE WITH TAMMYFLOW OR ANY OTHER USER OR THIRD PARTY THROUGH THE PLATFORM DO NOT CREATE A LEGAL OR OTHER PROFESSIONAL RELATIONSHIP AND DO NOT CREATE ANY PRIVACY INTERESTS OTHER THAN THOSE DESCRIBED IN THE TAMMYFLOW PRIVACY POLICY. YOU SHOULD ALWAYS SEEK THE ADVICE OF A LICENSED LEGAL PROFESSIONAL OR MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS OR SITUATION. NEVER DISREGARD LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE (OR REFRAIN FROM SEEKING IT) BECAUSE OF ANY CONTENT YOU HAVE OBTAINED THROUGH THE PLATFORM. NEITHER TAMMYFLOW NOR ANY OTHER USER RECOMMENDS OR ENDORSES ANY CONTENT OR ANY SPECIFIC PRODUCTS, PROCEDURES, OPINIONS OR OTHER CONTENT THAT MAY BE INCLUDED ON THE PLATFORM. YOUR RELIANCE ON ANY CONTENT APPEARING ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.

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20. NO ADDITIONAL WARRANTIES

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WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE PLATFORM, INCLUDING ANY CONTENT OR OUTPUTS. THE PLATFORM AND ALL OF ITS CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TAMMYFLOW AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT OR OUTPUTS AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT, OUTPUTS, OR OTHER DATA OR INFORMATION PROVIDED THROUGH THE PLATFORM. WE CANNOT AND DO NOT REPRESENT THAT THE PLATFORM WILL OPERATE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, THAT THE PLATFORM IS FREE OF COMPUTER VIRUSES, MALWARE, OR OTHER HARMFUL MECHANISMS, OR OTHERWISE MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR ANY CONTENT, INCLUDING ANY OUTPUTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR OUTPUTS. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THE PLATFORM BY OUR USERS OR BY OTHER USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT OR OUTPUTS IS AT YOUR SOLE RISK.

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NOTHING IN THIS AGREEMENT WILL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST US WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THIS AGREEMENT AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:

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"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY."

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IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES' (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE 6 MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

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21. INDEMNITY

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You hereby agree to indemnify, defend, and hold harmless TammyFlow and its officers, directors, affiliates, subsidiaries employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) your access to or use of the Platform or Account, including any Content or, as applicable, Outputs; (2) your Content and User Media and any other Content you provide through the Platform or Account; and (3) your breach of any representation, warranty, or other provision of this Agreement. TammyFlow will provide you with notice of any such claim or allegation, and TammyFlow will have the right to participate in the defense of any such claim.

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22. LIMITATIONS OF LIABILITY

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UNDER NO CIRCUMSTANCES WILL TAMMYFLOW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, INCLUDING ANY CONTENT, OUTPUTS, OR YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT OR OUTPUTS, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE ON ACCOUNT OF YOUR USE OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM, INCLUDING ANY OUTPUTS GENERATED ON THE PLATFORM.

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THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TAMMYFLOW OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

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IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO TAMMYFLOW IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

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NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

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23. DISPUTE RESOLUTION

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Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a "Dispute"), in accordance with the procedures set forth in this Section.

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If any Dispute cannot be resolved through negotiations between the parties within 14 days of notice from one party to the other of the Dispute, then at the request of either party such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association ("AAA") then in effect (the "Rules"). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the "Initial Period") after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by TammyFlow in Delaware. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. The award of the arbitrator will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

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24. CHOICE OF LAW, JURISDICTION AND VENUE

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This Agreement and the interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed exclusively by and construed in accordance with the federal laws of the United States of America and the laws of the State of Delaware, excluding conflict of law provisions that would indicate the application of the laws of any other jurisdiction.

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EACH PARTY WILL BRING ANY LEGAL ACTION OR PROCEEDING RELATING TO ANY DISPUTE OR OTHERWISE ARISING FROM THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE PLATFORM, ONLY IN A STATE OR FEDERAL COURT LOCATED IN DOVER, DELAWARE. YOU AND WE IRREVOCABLY AGREE TO CONSENT AND SUBMIT TO THE JURISDICTION AND VENUE OF SUCH COURTS.

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You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

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25. WAIVERS OF COLLECTIVE ACTION AND JURY TRIAL

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YOU AGREE THAT YOU WILL PURSUE ANY CLAIM OR LAWSUIT RELATED TO ANY DISPUTE OR OTHERWISE ARISING FROM OR IN ANY WAY RELATING TO THIS AGREEMENT, THE PLATFORM, CONTENT, OUTPUTS OR YOUR USE THEREOF AS AN INDIVIDUAL, AND WILL NOT LEAD, JOIN, OR SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR GROUP OF PERSONS BRINGING SUCH A CLAIM OR LAWSUIT.

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THE PARTIES DESIRE TO AVOID THE TIME AND EXPENSE RELATING TO A JURY TRIAL OF ANY DISPUTE. ACCORDINGLY, THE PARTIES, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, HEREBY WAIVE TRIAL BY JURY OF ANY DISPUTE. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER IS KNOWINGLY, FREELY, AND VOLUNTARILY GIVEN, IS DESIRED BY BOTH PARTIES AND IS IN THE BEST INTERESTS OF BOTH PARTIES.

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26. BATCH ARBITRATION

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YOU AGREE TO ABIDE BY THIS SECTION IN THE EVENT THAT: (1) THERE ARE TWENTY-FIVE (25) OR MORE INDIVIDUAL ARBITRATION DEMANDS OF SUBSTANTIALLY SIMILAR NATURE FILED BY US AGAINST YOU AND OTHER USERS OR BY YOU AND OTHERS AGAINST US; AND (2) SUCH ARBITRATION DEMANDS ARE FILED WITH THE ASSISTANCE OF THE SAME LAW FIRM, GROUP OF LAW FIRMS, OR ORGANIZATIONS. FOR PURPOSES OF THIS SECTION, ARBITRATION DEMANDS SHALL BE DEEMED "SUBSTANTIALLY SIMILAR IN NATURE" IF THEY ARISE FROM OR RELATE TO THE SAME OR SIMILAR FACTS, EVENTS, COURSE OF CONDUCT, PRODUCT, SERVICE, OR LEGAL THEORY, AS DETERMINED BY THE AAA PROCEDURAL ARBITRATOR IN ITS REASONABLE DISCRETION. YOU UNDERSTAND AND AGREE THAT BY PARTICIPATING IN A MASS ARBITRATION, THE RESOLUTION OF YOUR DISPUTE MIGHT BE DELAYED. IF THIS SECTION IS TRIGGERED, THEN AAA SHALL:

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  • ADMINISTER THE ARBITRATION DEMANDS IN BATCHES OF UP TO 100 DEMANDS IN ANY BATCH (THE PRECISE NUMBER TO BE DETERMINED BY THE AAA PROCEDURAL ARBITRATOR; IN DECIDING WHICH ARBITRATION DEMANDS WILL GO IN WHICH BATCH, AAA SHALL MAKE THE BATCHES AS EQUAL AS POSSIBLE IN TERMS OF CUMULATIVE AMOUNT DEMANDED AND NUMBER OF ARBITRATION DEMANDS);

  • APPOINT A SINGLE, DIFFERENT ARBITRATOR FOR EACH BATCH UNLESS THE PARTIES AGREE OTHERWISE; AND

  • PROVIDE FOR THE RESOLUTION OF EACH BATCH AS A SINGLE CONSOLIDATED ARBITRATION WITH ONE SET OF FILING AND ADMINISTRATIVE FEES DUE PER SIDE PER BATCH, ONE PROCEDURAL CALENDAR, AND ONE IN-PERSON OR VIDEO HEARING (IF ANY) IN A FORMAT TO BE DETERMINED BY THE ARBITRATOR THAT SHALL BE CONVENIENT FOR THE PARTIES UNLESS THE ARBITRATOR DETERMINES THAT SEPARATE HEARINGS ARE APPROPRIATE.

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IN ADDITION:

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  • YOU AGREE THAT BEFORE ANY BATCH BEYOND THE FIRST BATCH PROCEEDS TO HEARING, THE PARTIES SHALL ENGAGE IN A GOOD FAITH GLOBAL MEDIATION OF ALL PENDING DEMANDS BEFORE A MEDIATOR JOINTLY SELECTED BY THE PARTIES (OR, IF THEY CANNOT AGREE, APPOINTED BY AAA), WITH THE RESULTS OF THE FIRST BATCH MADE AVAILABLE AS NON-BINDING REFERENCE POINTS FOR THAT MEDIATION;

  • YOU AGREE THAT IF THE DISPUTE IS SUBJECT TO THIS SECTION, YOU AND A DESIGNATED TAMMYFLOW REPRESENTATIVE WILL PERSONALLY APPEAR AT ANY HEARING (WITH COUNSEL, IF YOU ARE REPRESENTED);

  • YOU (AND YOUR COUNSEL, IF REPRESENTED) AGREE TO COOPERATE IN GOOD FAITH WITH AAA TO IMPLEMENT THE TERMS OF THIS SECTION INCLUDING THE PAYMENT OF SINGLE FILING AND ADMINISTRATIVE FEES FOR EACH BATCH, AS WELL AS ANY STEPS TO MINIMIZE THE BURDENS AND COSTS OF ARBITRATION. YOU (AND YOUR COUNSEL, IF REPRESENTED) AGREE TO WORK TOGETHER IN GOOD FAITH THROUGHOUT THE ARBITRATION OF EACH BATCH TO STREAMLINE PROCEDURES, MODIFY THE NUMBER OF ARBITRATIONS TO PROCEED PER BATCH AS APPROPRIATE, INCREASE EFFICIENCIES, AND SEEK TO RESOLVE DISPUTES, INCLUDING BY REQUESTING A STAY OF SUBSEQUENT BATCHES PENDING RESOLUTION ON A COMMON LEGAL ISSUE IN AN EARLIER BATCH;

  • YOU AGREE THAT ARBITRATIONS ADMINISTERED PURSUANT TO THIS SECTION MAY BE ADMINISTERED CONCURRENTLY TO THE EXTENT ADMINISTRATIVELY FEASIBLE AND THAT IF YOUR CLAIM IS DELAYED, ANY APPLICABLE LIMITATIONS PERIODS (INCLUDING ANY STATUTES OF LIMITATIONS) ARE TOLLED FROM THE DATE OF FILING WITH AAA CONSISTENT WITH THE ABOVE UNTIL YOUR DISPUTE IS ADJUDICATED, RESOLVED, OR WITHDRAWN;

  • ARBITRATORS APPOINTED PURSUANT TO THIS SECTION SHALL ISSUE A SEPARATE AWARD FOR EACH CLAIMANT INVOLVED IN A BATCH PROCEEDING; AND

  • THIS SECTION SHALL IN NO WAY BE INTERPRETED AS AUTHORIZING A CLASS, COLLECTIVE AND/OR MASS ARBITRATION OR ACTION OF ANY KIND, OR ARBITRATION INVOLVING JOINT OR CONSOLIDATED CLAIMS UNDER ANY CIRCUMSTANCES, EXCEPT AS EXPRESSLY SET FORTH IN THIS PROVISION.

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THIS SECTION AND EACH OF ITS REQUIREMENTS ARE ESSENTIAL PARTS OF THE AGREEMENT. IF, AFTER EXHAUSTION OF ALL APPEALS, A COURT OF COMPETENT JURISDICTION DECIDES THAT THIS SECTION DOES NOT APPLY TO YOUR DISPUTE AND IS NOT ENFORCEABLE, THEN YOUR DISPUTE SHALL NOT PROCEED IN ARBITRATION AND SHALL ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION CONSISTENT WITH THE REMAINDER OF THE AGREEMENT.

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27 . STATUTE OF LIMITATIONS

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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 Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred to the extent permitted by applicable law.

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28. FORCE MAJEURE

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TammyFlow will not be responsible for failure or delay in the performance of any obligation under this Agreement to the extent such failure or delay is due to acts of God or governmental authority, war, terrorism, strikes, boycotts, quarantine, pandemic, labor disputes, fire or other loss of facilities, accident, or any other event beyond its control. TammyFlow will use commercially reasonable efforts to notify you of any such event.

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29. PRIVACY

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While the TammyFlow Privacy Policy is not part of this Agreement, you consent to the use and disclosure of your personally identifiable information and other data and information as described in the TammyFlow Privacy Policy.

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30. GENERAL

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Words and phrases used in this Agreement have the definition given in this Agreement or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in this Agreement, the term "including" means "including, but not limited to." Section headings are for reference purposes only. Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision a valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of this Agreement will remain in full force and effect. The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. You may not assign this Agreement or any of your rights or obligations under this Agreement, whether through operation of law or otherwise, without the prior written approval of TammyFlow. Any assignment in violation of the foregoing will be null and void. TammyFlow may assign this Agreement to any party that assumes TammyFlow's obligations hereunder. We may freely assign this Agreement. No term of this Agreement will be construed to confer any third party beneficiary rights on any non-party. Each and every right and remedy hereunder is cumulative with each and every other right and remedy herein or in any other agreement between the parties or under applicable law. This Agreement may be amended only as set forth herein.

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31. NOTICES

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Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to TammyFlow by postal mail to the address for TammyFlow listed on the Platform. TammyFlow may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to TammyFlow in connection with your use of the Platform, provided that in the case of any notice applicable both to you and other Users of the Platform, TammyFlow may instead provide such notice by posting the notice on the Platform. Notices provided to TammyFlow will be deemed given when actually received by TammyFlow. Notice provided to you will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.

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32. CONTACT US

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If you have any questions or concerns regarding this Agreement or the Platform, please contact us using the information provided below:

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Email: Support@tammyflow.com

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