Terms of Service

Last Modified: February 15, 2024

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THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE SITE (AS DEFINED BELOW), THE WEB-BASED ELECTRONIC MEDICAL RECORDS (EMR), THE PATIENT COLLABORATION PLATFORM (CURRENTLY NAMED ‘HEALTH GUARDIAN’), ANY EXTENSION AND RELATED TECHNOLOGY, AND OTHER SERVICES (AS MORE FULLY DESCRIBED BELOW) MADE AVAILABLE TO YOU BY TABFLOWS INC. (“TABFLOWS”, “WE” OR “US”) (THE “SERVICE”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND TABFLOWS AND GOVERN YOUR ACCESS TO, AND USE OF, THE TABFLOWS WEBSITE AND WEB APPLICATION LOCATED AT WWW.TABFLOWS.COM, APP.TABFLOWS.COM, OR ANY OTHER TABFLOWS WEBSITE, SUBSITE OR WEB APPLICATION (COLLECTIVELY, THE “SITE”), AND ANY TABFLOWS PROVIDED EXTENSION TO WHICH THESE TERMS ARE INTENDED TO APPLY. ALL REFERENCES TO “SITE” INCLUDE ANY TABFLOWS SOFTWARE THAT TABFLOWS PROVIDES TO YOU, INCLUDING WITHOUT LIMITATION, IN AN EXTENSION OR WEB APPLICATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY CLICKING TO ACCEPT THESE TERMS OR BY USING THE SITE AND/OR SERVICE YOU SHALL BE DEEMED TO HAVE AGREED TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

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YOU ARE ONLY PERMITTED TO USE THE SITE AND SERVICE TO THE EXTENT YOU HAVE BEEN GIVEN PERMISSION BY THE MEDICAL GROUP, COMPANY OR OTHER LEGAL ENTITY OR ORGANIZATION (COLLECTIVELY, THE “COMPANY”) ON WHOSE BEHALF YOU ACCESS AND USE THE SITE AND SERVICE AS AN ‘AUTHORIZED USER’ FOR PROFESSIONAL PURPOSES ON YOUR COMPANY’S BEHALF, INCLUDING INTERACTIONS WITH PATIENTS (“PATIENTS”), OR TO THE EXTENT THAT YOU ARE A PATIENT OF THE COMPANY THAT HAS A VALID WRITTEN AGREEMENT WITH TABFLOWS. IN ADDITION TO THESE TERMS, YOU ARE REQUIRED TO COMPLY WITH ANY INSTRUCTIONS, REQUIREMENTS OR POLICIES OF YOUR COMPANY IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICE TO THE EXTENT THEY DO NOT CONFLICT WITH THESE TERMS.

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THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH TABFLOWS GOVERNING THE COMPANY’S USE OF THE SITE AND SERVICE. IF YOU BREACH THESE TERMS, THEN IN ADDITION TO ANY RIGHTS AND REMEDIES AVAILABLE TO TABFLOWS, SUCH BREACH MAY ALSO HAVE CONSEQUENCES FOR THE COMPANY AND THE COMPANY MAY ALSO HAVE REMEDIES AGAINST YOU. IF WE TERMINATE YOUR USE OF THE SITE OR SERVICE BECAUSE YOU HAVE BREACHED THESE TERMS, WE WILL NOTIFY THE COMPANY AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION THAT THE COMPANY TAKES AGAINST YOU OR ANY OTHER CONSEQUENCES ARISING FROM YOUR BREACH OF THESE TERMS.

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TABFLOWS MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE AT ANY TIME. TABFLOWS CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR TABFLOWS ACCOUNT. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE AND THE SERVICE. IF INSTEAD, YOU CONTINUE TO USE THE SITE AND/OR THE SERVICE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

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I. Eligibility

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These Terms form a legally binding contract between you and Tabflows. By using the Site and Service, you represent, acknowledge and agree that you are at least 18 years of age; the Site and Service are not intended for Company authorized users under the age of 18. Tabflows may terminate these Terms and your use of the Site and Service if Tabflows, in its sole discretion, believes that you are under the age of 18.

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II. Notice to Patients

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These Terms do not apply to Patient files. For information about your Patient file, please contact the Company and/or your healthcare professional. For information about how your Patient information is collected in connection with our health care management platform, see our Privacy Policy.

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III. Service Features

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Certain features of the Service (collectively, the “Third Party Service Features”) permit you to access and use services and content which are provided by third party suppliers who have contracted with Tabflows to permit such use. All references to “Service” in this Agreement include the Third Party Service Features except as otherwise expressly set forth in this Agreement. Tabflows has been granted the right by its third party suppliers to enable you (or your Company) to access the Third Party Service Features; however, Tabflows may be required to suspend and/or terminate use of a Third Party Service Feature at any time, to the extent required by the applicable third party supplier for any reason. Your use of certain Third Party Service Features may be subject to the third party supplier’s terms and conditions; any such terms will be provided to you (or your Company) when you (or your Company) access the relevant Third Party Service Feature for the first time. Such terms are solely between you (or your Company) and the third party supplier; Tabflows has no control over such terms and they do not affect the terms of these Terms as between you and Tabflows. Tabflows does not monitor, review, edit or otherwise control content or other information provided through the Third Party Service Features and your use of such information is solely at your own risk and Tabflows expressly disclaims any liability arising from your use of or reliance on such information or otherwise arising from any act or omission of Tabflows' third party suppliers.

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IV. Professional Responsibility of Healthcare Professional

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You acknowledge that the professional duty to the Patient in providing healthcare services lies solely with the healthcare professional providing patient care services. As between you and Tabflows, you take full responsibility for the use of all information provided through the Service in providing patient care. Clinical information, if any, provided through the Service is intended as a supplement to, and not a substitute for, the knowledge, expertise and judgment of professional personnel. Tabflows and its suppliers disclaim all liability for the use of any information or results provided by, or obtained through, the Service and used by professional personnel. Tabflows and its suppliers are not liable for your actions which may result in any liability due to malpractice or failure to warn. Tabflows and its suppliers provide no medical or other professional advice in connection with this Agreement, the Service and the information contained therein. You acknowledge that a licensed professional is responsible for independently reaching any medical or other professional judgment, and for any resulting diagnosis and treatments, notwithstanding any use of the Service by such professional. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate, or effective in any given patient.

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V. Privacy

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Your use of the Site is subject to Tabflows' Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your use of all Patient information through the Service (including, without limitation, information contained in a Patient’s medical record, including, any clinical profile derived from such record (each, a “Record”)) is governed by the terms of your Company’s privacy policy and applicable privacy laws. As between Tabflows and you, you are responsible for complying with your Company’s privacy practices and applicable privacy laws.

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VI. Use of Aggregate Information

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We may use usage patterns, trends and other statistical data derived from your use of the Site and/or Service for purposes of providing, operating, maintaining, or improving the Site and/or Service and for our advertising and marketing purposes. However, all such information will be aggregated and/or anonymized and we will never identify you nor disclose your personal information.

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VII. Healthcare Professional’s Communications

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You are solely responsible and liable for your communications with Patients and other persons or entities in connection with your use of the Service. Please be polite and respectful when communicating through the Service. You acknowledge and agree that Tabflows does not control the content of user communications, and does not guarantee the accuracy, integrity, quality, reliability or suitability of such communications. Tabflows does not pre-screen communications sent through the Service. By using any communications feature, you understand that you may be exposed to content that is offensive, indecent or objectionable, and your use of such features is solely at your own risk and Tabflows has no responsibility or liability to you in connection therewith. Tabflows is not responsible or liable for any aspect of the relationship between you and any Patient or any other person or entity, including without limitation, medical advice or other information provided by you to any Patient or other person or entity. Any disputes between you (or your Company) and any Patient (or any other person or entity), whether arising from your use of the Service or otherwise, are solely a matter between you (or your Company) and the Patient (or any other person or entity); Tabflows cannot become involved in such disputes. In addition, any dispute between you and your Company arising from your use of the Site and Service is solely a matter between you and your Company.

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VIII. Sharing Personal Information

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Please use your common sense and good judgment before you share your personal information, any Record or any other confidential information with any other person or entity through the Service. Tabflows does not control whom you choose to share such information with and we have no liability or responsibility to you or any other person or entity to the extent you choose to make such information available through the Service.

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IX. Materials

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The information, documents, content, data, products, services, logos, graphics, images, software, technology, and know-how made available to you on the Site and through the Service, except to the extent your Company or a Patient owns any health, personal or other confidential information contained in a Patient’s Record in accordance with applicable law, (together, the “Materials”) are the copyrighted and/or trademarked work of Tabflows and/or its suppliers, or are otherwise subject to Tabflows' and/or its suppliers’ other intellectual property or other proprietary rights, including without limitation, patent and trade secret rights.

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Tabflows grants you a limited, personal, revocable, non-sublicensable, non-transferable and non-exclusive license to access and use the Materials on your personal computer or mobile device solely as necessary to use the Site and Service for your professional use on your Company’s behalf in accordance with these Terms. Except for the license set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to download, cache, modify, edit, copy, display, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. Your use of Materials consisting of Tabflows Software (as defined below) are subject to the additional terms set forth below.

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The limited license specified above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of such limited license, you agree to immediately destroy any downloaded or printed Materials.

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“Tabflows” is a trademark of Tabflows in the United States of America. Other trademarks, names and logos on the Site or Service are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and all associated copyright and other proprietary rights are the sole property of Tabflows. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or under a duly authorized license. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, Service or any Materials. All rights not expressly granted herein are reserved; there are no implied rights.

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X. Tabflows Software

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The Service may require or allow you to download software, software updates or patches, extensions, or other utilities and tools onto your computer or mobile device (collectively “Tabflows Software”). Subject to your compliance with these Terms, Tabflows grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Tabflows Software, in object code form only, solely for the purpose stated by Tabflows at the time the Tabflows Software is made available to you and in accordance with these Terms. Your use of the Tabflows Software may also be subject to the terms of an end user license agreement. You may not sublicense, or charge others to use or access the Tabflows Software. You may not translate, reverse engineer, reverse compile or decompile, disassemble, or otherwise attempt to discover the source code of the Tabflows Software, or make derivative works from or of the Tabflows Software. You may not modify the Tabflows Software or use it in any way not expressly authorized in writing by Tabflows. You understand that Tabflows’ introduction of various technologies may not be consistent across all platforms and that the performance of the Tabflows Software and Service may vary depending on your computer or mobile device. From time-to-time, Tabflows may provide you with updates or modifications to the Tabflows Software. You understand that certain updates and modifications may be required in order to continue using the Tabflows Software and the Service. YOUR FAILURE TO INSTALL UPDATES MAY CAUSE THE TABFLOWS SOFTWARE AND/OR THE SERVICE TO SUFFER DEGRADED FUNCTIONALITY, FAIL TO PERFORM AS INTENDED OR CEASE WORKING ALTOGETHER. TABFLOWS WILL NOT BE RESPONSIBLE FOR ANY SUCH RESULTING OR CONSEQUENTIAL EFFECTS, LOSSES OR DAMAGES AND SUCH EFFECTS WILL NOT CONSTITUTE BREACH OF THESE TERMS OR GRANT YOU ANY RIGHTS OR REMEDIES AGAINST TABFLOWS. There is no set schedule for the provision of updates. Tabflows and its suppliers expressly reserve ownership of all intellectual property rights applicable to the Tabflows Software. All rights not expressly granted herein are reserved; there are no implied rights. The license granted to you in this paragraph shall immediately terminate (without any notice to you) if you breach any of the terms set forth in this paragraph or upon termination of your use of the Service for any reason.

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XI. Healthcare Professional’s Use of the Service

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In order to use the Service, you must register with Tabflows to open a Tabflows account (a “Tabflows Account”). In order to register, you must use the URL and invitation code contained in the Tabflows-issued invitation email or text message that you received from your Company or Tabflows.

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As part of the registration process, you must provide the following information to Tabflows through the registration page on the Site: your full name, professional credentials information, email address, telephone number and zip code. We will ask you to create a password. You may also have the ability to provide additional optional information, which is not required to register for an Tabflows Account but may be helpful to Tabflows in providing you with a more customized experience when using the Site and Service. Once you have submitted your Tabflows Account registration information, a Tabflows administrator will have the right to approve or reject the requested registration in the Tabflows administrator’s sole discretion. You are responsible for providing and maintaining truthful, accurate, complete and current information (including identity and professional credentials information) in connection with your Tabflows Account.

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You are responsible for maintaining the confidentiality of your Tabflows password and you are solely responsible for all activities that occur using your password. You agree not to share your password, let anyone else access your Tabflows Account or do anything else that might jeopardize the security of your Tabflows Account. You agree to promptly notify Tabflows if your password is lost, stolen or disclosed to an unauthorized third party; if there is any unauthorized use of your password; or if you know of (or suspect) any other breach of security in relation to the Site or Service.

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By using the Service, you represent and warrant that all the information that you provide when registering for a Tabflows Account is accurate and complete and that you will keep such information up to date. You may change or correct your account registration information by either logging into your Tabflows Account directly or by contacting us at hello.quickr.us.XII. Electronic CommunicationsBy using the Site and Service, you consent to receive electronic communications from Tabflows concerning or related to the Site and Service. These electronic communications are part of your relationship with Tabflows. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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XII. Electronic Communications

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‍By using the Site and Service, you consent to receive electronic communications from Tabflows concerning or related to the Site and Service. These electronic communications are part of your relationship with Tabflows. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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‍XIII. Fees

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‍Any fees payable to permit you to access and use the Service on the Company’s behalf will be paid by the Company to Tabflows. Tabflows will not charge you a fee to access and use the Service on your Company’s behalf.

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XIV. Unauthorized Activities

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‍When using the Site and Service, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use abusive, threatening, violent, explicit or obscene language or solicit/post sexually explicit images (actual or simulated); (e) post or transmit any content or communications that exploit children or minors or that depicts cruelty to animals; (f) post or transmit any copyrighted or trademarked materials, or materials that constitute trade secrets, or are subject to patents or other intellectual property rights, without the express permission from the owner; (g) disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; (h) use any robot, spider, scraper or other automated means to access the Site or Service; or (i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third party service providers. This list of prohibitions provides examples and is not complete or exclusive.

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Tabflows reserves the right to immediately terminate your use of the Site and Service with or without notice for any action of yours that we determine in our sole discretion, is inappropriate or disruptive to the Site or Service or to any other user of the Site or Service. If Tabflows terminates your access to the Site and/or Service as a result of your breach of these Terms (and without limiting Tabflows’ rights and remedies), we will inform your Company and this may have consequences on your relationship with your Company for which Tabflows is not responsible or liable. You acknowledge that unauthorized use of any Materials contained on, or accessible from, the Site or Service may violate certain laws, rules and regulations.

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Tabflows may report to law enforcement authorities, and its suppliers, any actions that may be illegal or otherwise in breach of these Terms, and any reports it receives of such conduct. When legally required or at Tabflows’ discretion, Tabflows will cooperate with law enforcement agencies and its suppliers in any investigation of alleged illegal activity involving the Site or Service.

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‍XV. Links to Third Party Sites

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‍This Site may be linked to other websites (including, without limitation, your Company’s website) that are not Tabflows sites (collectively, “Third Party Sites”). You acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or business practices than Tabflows, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions and/or user guides which you hereby agree to comply with. We encourage you to review such third party policies and terms so that you understand your rights and obligations, and in the case of third party privacy policies, how such third parties collect, use and share your personal information.

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If Tabflows provides links to Third Party Sites to you as a convenience, Tabflows does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. We are not liable for any harm you suffer as a result of visiting or otherwise interacting with Third Party Sites; we do not endorse such Third Party Sites. You access Third Party Sites and use their content, products, and services entirely at your own risk. You should use your common sense and judgment, exercise reasonable caution and carry out your own due diligence before visiting Third Party Sites or using any products, services or content on such sites.

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YOU AGREE THAT TABFLOWS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, THE PRODUCTS, SERVICES, CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

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‍XVI. Disclaimer of Warranties

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‍Your use of the Site, Service, Materials, any Record and any other information you obtain through the Site or Service is entirely at your own risk. The Materials and any Record have not been verified or authenticated in whole or in part by Tabflows, and they may include inaccuracies or typographical or other errors. Tabflows does not warrant the accuracy, appropriateness or timeliness of the Service, Materials, any Record, or other information contained on, or accessible from, the Site or through the Service. Tabflows has no liability for any errors or omissions in the Site, Service, Materials, any Record or other information, whether provided by Tabflows, a Patient or our suppliers.

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TABFLOWS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HEREBY DISCLAIMS AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICE, MATERIALS, ANY RECORD OR OTHER INFORMATION, RELATING TO QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR OTHERWISE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE, MATERIALS, ANY RECORD AND ANY OTHER INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR SECURITY. TABFLOWS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE OR THAT MAY DAMAGE YOUR COMPUTER, MOBILE DEVICE OR DATA.

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YOU ACKNOWLEDGE THAT THE SERVICE ALLOWS YOU TO COMMUNICATE WITH CERTAIN THIRD PARTIES. TABFLOWS HAS NO LIABILITY TO THE EXTENT IT IS UNABLE TO PROVIDE ANY COMMUNICATION FEATURE OF THE SERVICE, OR FOR ANY HARM LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTS OR OMISSIONS ARISING FROM YOUR USE OF THE SERVICE. TABFLOWS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.

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NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT TABFLOWS’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

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‍XVII. Limitation of Liability

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‍TABFLOWS AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR CLAIMS RESULTING FROM YOUR USE OF THE SITE, SERVICE, MATERIALS, ANY RECORD OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE SITE, SERVICES, MATERIALS, ANY RECORD OR OTHER INFORMATION.

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IN NO EVENT SHALL TABFLOWS OR ITS SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF IT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

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NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL EXCLUDE OR LIMIT TABFLOWS’ OR ITS SUPPLIERS’ LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, TABFLOWS' AND ITS SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

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The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

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‍XVIII. Location

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‍Tabflows controls and operates the Site and provides the Service from its headquarters in the United States of America. The Site and Service are only intended for use by persons who are ordinarily resident in the United States of America.

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‍XIX. Feedback

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‍If you provide any comments, questions, recommendations, suggestions, or related information to Tabflows by any means, concerning the Site, Service or Materials (collectively, “Feedback”), you hereby grant Tabflows a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, distribute and otherwise exploit, without any attribution or compensation to you, any and all Feedback in connection with the Site and/or Service and/or Extension and/or any of Tabflows’ other products or services; however, you have no right to compel any such use.

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‍XX. General

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‍If you violate these Terms, Tabflows may terminate and/or suspend your access to this Site and Service without notice. These Terms will be governed by the laws of the State of Texas without regard to its conflicts of law provisions. Any law based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any dispute relating to these Terms will be heard exclusively in the state and federal courts located in Orange County, California; except that Tabflows may seek to enforce a judgment, protect its intellectual property rights, or seek equitable relief (including without limitation, injunctive relief (without being required to post a bond)) in any court of competent jurisdiction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Tabflows’ failure to enforce any of these Terms is not a waiver of such term. These Terms, (together with any other terms and conditions which govern your use of the Site, Service or Extension, in each case as provided to you by Tabflows), are the entire agreement between you and Tabflows and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Tabflows about the Site and Service.

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‍XXI. Termination

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‍You may stop using the Site and Service at any time, by ceasing to access the Site or otherwise ceasing to use the Service. You may also terminate your Tabflows Account by contacting us at team@tabflows.com. In addition to the termination rights set forth above in these Terms, Tabflows may suspend or terminate your use of the Site, Service or any portion or feature thereof in accordance with the terms of the agreement between Tabflows and your Company.

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All terms and conditions of these Terms which by their nature are intended to survive, will survive the termination of your use of the Site and Service, including without limitation, all terms which address the protection of Tabflows’ and its suppliers’ intellectual property rights; disclaimer of warranties; limitations of liability; and your representations.

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‍XXII. Contact us

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‍If you have any questions about these Terms or would otherwise like to contact Tabflows for any reason, you can reach us by contacting us at team@tabflows.com.