FLOWMAGIC AI CLOUD SERVICES AGREEMENT Version 2.6

This Cloud Services Agreement (the “Agreement”) is a completely separate and independent agreement from the End User License Agreement (“EULA”) for the free FlowMagic AI mobile application (“App”). The EULA governs solely the local, on-device software. No payments of any kind are due or accepted under the EULA. The App provides substantial, independent and standalone functionality (offline text-processing, basic on-device features). The Cloud Services are strictly optional and supplementary. Termination of this Agreement has no effect on the EULA.

Parties

Provider: ALPSANTO GLOBAL MOMENTUM LLC, a Florida limited liability company. Registered Agent / Service of Process & Notices exclusively: 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA. Customer support may be contacted through the in-app support function or the support contact published in the App. Such support channels are for operational communications only and do not constitute legal notice, service of process, or authority to amend this Agreement.

User: You (age 18+, not in embargoed country or prohibited person).

Acceptance. By purchasing, activating, renewing or using any Cloud Service (including the free cloud service tier), you expressly agree to the then-current version of this Cloud Services Agreement and the separate Privacy Agreement. If you do not agree, do not purchase, activate or use the Cloud Services.

Warranty  

Licensor is solely responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the service to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the service purchase price (if any). Nothing in this Service Agreement excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law. Apple will have no other warranty obligation whatsoever, and any other claims will be Licensor's sole responsibility. The Service is provided “AS IS” and “AS AVAILABLE” without any warranty of any kind, express or implied, including but not limited to accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement. The End-User assumes all risk of use.

Cloud Services (Hosted SaaS)

We provide remote, hosted Software-as-a-Service (“Cloud Services”): AI Transcription Services, LLM Text Processing, Storage & Sync of Data, Cloud Execution / Automations (WebHooks, E-Mail as API), LLM Failover, Push Notification Services, User Authentication, digital Community Features, and strictly incidental remote digital support. The Cloud Services are standardized, automated services provided on a shared-infrastructure basis. Specific features, AI models, model providers, integrations, limits, storage capacities, availability characteristics and technical parameters may change from time to time for security, legal, financial, technical, anti-abuse or third-party dependency reasons, provided that the overall nature of the applicable service tier is not materially reduced except where reasonably necessary for such reasons. Unless expressly stated otherwise in the App, no service level agreement, minimum uptime commitment, response time commitment or support response time commitment applies. Features designated as beta, preview, alpha or experimental may be modified, restricted, suspended or withdrawn at any time.

Tax & Characterization (For the avoidance of doubt)

All fees are charged solely as consideration for foreign-source remote, hosted Software-as-a-Service, automated processing and cloud computing functionality, and not for the sale, assignment or transfer of software or intellectual property rights. Apple acts as Merchant of Record for all In-App Purchases and is solely responsible for calculating, collecting and remitting all applicable transaction taxes (VAT, sales tax, GST and similar). The Provider maintains no office or employees in the United States or any EU member state. Provider configures primary production workloads to run outside the United States and EU where commercially, legally and technically reasonable. Provider may use independent third-party cloud, API and infrastructure providers (including providers headquartered in the United States or EU), which act solely as independent contractors, do not have authority to bind Provider, do not negotiate or conclude contracts on Provider’s behalf and do not create any permanent establishment or taxable nexus. No third-party subcontractor relationship creates PE or nexus for Provider. The central management and control of the Provider is exercised exclusively in Sark, establishing residency. Provider has no permanent establishment, trade or business or effectively connected income (ECI) in the United States, the European Union. For the avoidance of doubt, all activities are remote foreign-source SaaS; no US or EU taxable presence exists. No provision of this Agreement or any related document shall be construed as creating a permanent establishment, taxable nexus, agency relationship or local presence in any jurisdiction outside Sark. All matters relating to processing locations, access, international transfers and GDPR compliance are governed exclusively by the separate Privacy Agreement.

Services Tiers

• Free tier (limited)

• Paid auto-renewable Subscriptions

• Consumable Credits

• One-time upfront payment for access to the then-current paid tier of the Cloud Services and or Founder Services for so long as Provider continues, in its reasonable commercial discretion and subject to the Service’s ongoing technical and economic viability, to make that paid tier or a substantially similar successor offering generally available to paying users. This does not constitute a perpetual license, ownership right, or guarantee of perpetual availability, any particular feature set, AI model, integration, usage limit or third-party dependency. We may call it Lifetime Deal, and is a 99 Year upfront payment for the lifetime access.

Payments - Exclusively via Apple In-App Purchases

Paid consumer purchases are processed exclusively through Apple’s In-App Purchase mechanism. Apple acts as Merchant of Record and handles billing, renewal, cancellation, refunds and the collection and remittance of applicable transaction taxes to the extent required by applicable law and Apple’s agreements. Provider makes the Cloud Services available and, subject to applicable mandatory law, has no obligation to support alternative payment methods, manual billing adjustments, prorations, account transfers or invoicing arrangements outside Apple’s systems. Provider remains responsible for its own income and entity-level tax obligations.

Privacy, Data & AI Outputs

Governed by, and incorporated into this Agreement through, the separate Privacy Agreement. As between you and Provider, you retain your Inputs and, to the extent any intellectual property rights subsist in Outputs and subject to applicable law and third-party rights, you own or are assigned any rights, if any, that Provider may have in Outputs generated for you. Outputs may not be unique and similar or identical outputs may be generated for other users. Provider retains all rights in the Cloud Services, models, software and underlying technology. Provider receives only the limited rights necessary to provide, secure and improve the Cloud Services as described in the Privacy Agreement (training opt-in only).

Disclaimers

Except to the extent prohibited by mandatory applicable law, the Cloud Services and Outputs are provided “AS IS” and “AS AVAILABLE”. Provider does not warrant that the Cloud Services will be uninterrupted, error-free, secure, accurate, complete, fit for any particular purpose, or that any Output will be unique, lawful, non-infringing, merchantable, or suitable for professional, legal, medical, financial, employment, compliance, safety-critical or other high-risk use. You are responsible for human review and final decisions. Nothing in this Agreement limits any non-waivable statutory rights, including mandatory consumer rights. Apple is not a party except as expressly stated for IAP provisions. For the avoidance of doubt, AI-generated Outputs may contain inaccuracies, hallucinations or biases. You are solely responsible for independent human review, verification and all decisions based on Outputs (including under the EU Product Liability Directive where applicable).

Limitation of Liability

To the maximum extent permitted by applicable law, Provider’s aggregate liability arising out of or relating to this Agreement, the Cloud Services or Outputs is limited to the greater of (i) the amounts paid by you for the Cloud Services in the 12 months immediately preceding the event giving rise to the claim or (ii) USD 5,000. This limitation applies to all claims whether in contract, tort (including negligence), strict liability or otherwise. To the maximum extent permitted by applicable law, Provider is not liable for any indirect, incidental, special, exemplary, punitive or consequential damages, or for any loss of profits, revenue, goodwill, data, business opportunity or anticipated savings, even if advised of the possibility of such damages. This Section does not exclude liability that cannot be excluded or limited under mandatory applicable law.

Indemnification & Prohibited Conduct

You must not reverse-engineer, scrape or commercially exploit the Cloud infrastructure, or use the Cloud Services in violation of law or third-party rights. If you use the Cloud Services in the course of a business, you will defend, indemnify and hold harmless Provider from third-party claims arising out of your unlawful content, your misuse of the Cloud Services, or your breach of this Agreement. If you are a consumer, you are responsible only for losses that Provider suffers to the extent caused by your intentional or negligent unlawful conduct or breach of this Agreement, and only to the extent permitted by applicable law.

Termination

Cancel via Apple where applicable. Provider may suspend or terminate access to the Cloud Services immediately, in whole or in part, if reasonably necessary for security, fraud prevention, abuse prevention, legal compliance, infringement claims, material breach of this Agreement, or protection of the Cloud Services, users or third parties. Termination of this Agreement does NOT terminate the EULA - App remains fully usable locally. Upon termination, access to Cloud Services may cease immediately, but where technically feasible and legally permitted you may export your data for 30 days after termination. Provider may delete data thereafter in accordance with the Privacy Agreement and applicable law. Except as required by mandatory law, termination or suspension does not entitle you to any refund, credit or compensation.

Changes

Provider may modify the Cloud Services or this Agreement from time to time, without additional charge for the modification itself, for valid reasons, including legal, regulatory, security, technical, operational or anti-abuse reasons, to improve functionality, to reflect changes in third-party services, AI models, app-store requirements or infrastructure, or to discontinue features that have become impracticable. If a change materially and adversely affects a paid tier, Provider will give at least 30 days’ prior notice through the App or other reasonable means, unless an immediate change is required for security, legal or abuse-prevention reasons. If you are a consumer and such materially adverse change is not required by law or security, you may terminate the affected paid service before the change takes effect. For the avoidance of doubt, changes to AI models, third-party services, security measures, Apple requirements or infrastructure do not by themselves qualify as materially adverse, provided that the applicable paid tier continues to offer substantially similar core functionality and overall usage value. The termination right must be exercised within 30 days of notice. Non-material changes, and changes required to maintain conformity, security or legal compliance, may take effect immediately and do not give rise to compensation or refund except where required by mandatory law.

Governing Law

This Agreement is governed by Florida law, excluding its conflict-of-laws rules. If you are a consumer, this choice of law does not deprive you of any mandatory protections of the law of your habitual residence. For users acting in the course of business, the state courts located in Pinellas County, Florida, and the federal courts serving Pinellas County, Florida, have exclusive jurisdiction, and each such user irrevocably submits to that jurisdiction and venue. If you are a consumer, you may bring claims in the courts of your habitual residence or other courts available under mandatory law, and Provider may bring claims against you only in those courts or as otherwise permitted by mandatory law. Apple is third-party beneficiary solely for IAP provisions.

EU Regulatory Compliance (For the avoidance of doubt)

(a) Data Protection (GDPR): All matters relating to data processing locations, international data transfers (including the processing of EU personal data outside the EU), technical and organisational measures, data subject rights and GDPR compliance are governed exclusively by the separate Privacy Agreement. The Provider designates a representative in the Union pursuant to Article 27 GDPR where required (the relevant contact details are published in the Privacy Agreement or another easily accessible notice). Any such representative acts solely as a mandated contact point and has no authority to amend this Agreement or assume obligations on Provider’s behalf. Provider shall provide a Data Processing Agreement upon written request only where legally required and only to the extent Provider acts as a processor for the relevant processing activity. International transfers occur only under appropriate safeguards as set out in the Privacy Agreement. Nothing in this Agreement expands Provider’s data protection obligations beyond applicable law and the Privacy Agreement.

(b) EU AI Act: The Cloud Services incorporate AI-assisted functionality and may rely on third-party AI models. Provider complies with obligations applicable to its role under the EU AI Act, if and to the extent the Act applies. The Services are intended for general productivity and automation purposes and are not designed or marketed for high-risk or prohibited AI use cases. Users are informed that the Services are AI-powered. AI outputs are marked as artificially generated where technically feasible. User remains solely responsible for reviewing outputs and for any decision, advice, communication, filing or action based on the Services or Outputs. The Services may not be used for prohibited AI practices or for high-risk use cases unless Provider expressly designates the relevant functionality for such use in writing. Provider may suspend or restrict access where it reasonably suspects such use. Users receive an explicit in-app confirmation upon first Cloud connection that the Services may not be used for any prohibited or high-risk AI practices under the EU AI Act (including recruiting screening, medical, legal, financial or safety-critical decisions). Any such use leads to immediate suspension. Provider complies with all applicable GPAI obligations and marks outputs as AI-generated where technically feasible.

(c) Consumer Protection & Unfair Contract Terms: All disclaimers, liability limitations, indemnification and other clauses apply solely to the maximum extent permitted by applicable mandatory EU consumer law. Mandatory non-waivable rights of EU consumers remain fully unaffected. If any provision of this Agreement is found unlawful, unfair or unenforceable under applicable mandatory consumer law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable while preserving its commercial purpose as closely as possible, and the remainder of the Agreement shall remain in full force and effect.

(d) EU Data Act: To the extent required by applicable law, the Provider enables data portability and export in a structured, commonly used and machine-readable format without undue delay (supplementing the existing 30-day export right).

Entire Agreement & Separation

This Agreement + Privacy Agreement is the entire understanding for Cloud Services and completely independent from the EULA. In the event of conflict, (i) this Agreement governs commercial, access and service-usage terms for the Cloud Services, (ii) the Privacy Agreement governs privacy, data protection and international transfer matters only, and (iii) the EULA governs only the local, on-device use of the App.