Terms of Service and General Conditions
We welcome you to Integra Digital, S.L. (hereinafter flowww) and invite you to access our website so that you can start working with our Computer Application which makes it easier for you to organize and manage your business, and lets you monetize the most valuable thing of all — your time. If you have reached this section, it is because you are interested in being a user of our flowww computer application, in any of the options we propose. Your use is subject to your acceptance of these Terms and Conditions of Service, Cookie Policy and Privacy Policy.
WHAT ARE THE TERMS OF SERVICE?
The Terms of Service constitute a contract between two parties, you and the company providing the service. Depending on your place of residence, the contract may be formalised in three languages: Spanish, Portuguese or English. The Terms include the provisions set out in this document, in the Cookie Policy, in the Privacy Policy, and other terms or conditions that we may present to you from time to time in relation to specific service offers.
WHAT ARE THE TERMS OF SERVICE?
The Terms of Service constitute a contract between two parties, you and the company providing the service. Depending on your place of residence, the contract may be formalised in three languages: Spanish, Portuguese or English. The Terms include the provisions set out in this document, in the Cookie Policy, in the Privacy Policy, and other terms or conditions that we may present to you from time to time in relation to specific service offers.
By using the service offered by our application called flowww in any of its modalities, you acknowledge, accept and agree to all the provisions of these general terms and conditions of service, Cookie Policy and Privacy Policy, including, with the legal limitations of your country of residence, the use and treatment of your Account information in accordance with our Privacy Policy.
If you do not accept these Terms and Conditions or part of them, you will not have the right to access or use our service. If you register on flowww, you will be deemed to know and accept the Terms and Conditions of Service, and the Privacy Policy, and agree to be a party to the binding contract.
If you are a resident of Brazil, the company providing the service is:
flowww Brasil Tecnologia da Informação Ltda. Address at Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis. São Paulo, Brazil. CNPJ 19.876.605/0001-79
Contact telephone number: 55 (11) 39584455
Email address: suporte@flowww.com.br
If you are a resident of any other country, the company providing the service is:
INTEGRA DIGITAL, S.L. Address at Calle Loreto, número 2, CP 46701 Gandia, Valencia, Spain. B97243299
Contact telephone number:+34 962 963 727
Email address: soporte@flowww.es
WHAT IS THE FLOWWW SERVICE?
The Spanish company INTEGRA DIGITAL SL, within the framework of its business activity, has developed the computer application called flowww, of which it is the owner and holder of all the copyright and exploitation rights, and which has been created and developed by our own staff. The computer application we offer you can be used for the management of aesthetic centers, and with this tool you can run your business and employ your time much better, enabling instant management control.
WILL THESE TERMS OF SERVICE EVER CHANGE?
Changes to these Terms are almost certain to happen, due to changes in our service and the laws that apply to us and you. If we make a change, we will do our best to notify you in advance, although in some situations, such as when a change is required to comply with legal requirements, the update to these Terms must be effective immediately. We will announce the changes on our website, and we may also notify you of the changes by emailing you at the address you provided us with when registering for the service.
When we make a change, we will try to explain the reasons for the change so that you can freely decide whether to accept them or stop using our service; if you continue to use the service after such update has become effective, you will be deemed to agree to, and be bound by, the new Terms.
WHAT DO I NEED TO DO TO USE FLOWWW?
To access the services, you must register by creating an account for the service through this same page, and expressly accept these Terms and Conditions of Service, and the Privacy Policies.
You create an account by providing us with your personal and business details, as well as a valid email address and creating a password. We refer to this as "Account Information", in your registration process you will indicate the modality in which you decide to register. The subscription implies the express acceptance of the Terms of Use and Privacy Policies.
You are responsible for maintaining the accuracy, integrity and confidentiality of your account information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your account information. We shall not be responsible for any loss or damage that occurs due to your failure to provide us with accurate information or to keep your account information secure. If you discover any unauthorized use of your account information or suspect that someone may have access to your private information, you must immediately change your password and notify our Customer Service team.
Accept the terms and conditions of service and the Privacy Policy: By marking that you have read and accept the terms and conditions of service, and our Privacy Policy, you are acquiring the right to use it in the chosen modality, with the conditions set out here and that you accept.
WHAT ARE THE DIFFERENCES BETWEEN THE SERVICE EDITIONS?
Our website gives details of all the editions you can register for, and a comparison of the features and services they offer. The limits between the payment editions are also described in terms of the number of customers and/or establishments. This way you will only pay for the services you use and need.
Please note that your use is limited under the conditions set out on our previous page. If you use the free trial period, please note that you may freely use the service during this period in the trial edition, and before the end of the trial period, provided that you do not exceed the limits established for this version. At the end of the free trial period, if you do not opt for one of these two actions, you will be removed from the system, and your data will be deleted three months after the end of the trial period.
HOW DO I PAY FOR THE SERVICE SUBSCRIPTION?
You will receive an invoice from the company providing the service at your email address in sufficient time to make it effective within 30 days. In the event that you do not do so within the 30-day period, it will be understood that you no longer wish to maintain the service and your system will be temporarily suspended. Your data will be kept for three months after suspension. During this period, you may restore the service by paying the invoice. If you do not make the payment within this courtesy period, your system will be permanently unsubscribed and all data will be deleted. However, INTEGRA DIGITAL, S.L. may keep a copy, with the data duly blocked, for as long as liabilities may arise from the performance of the service.
CAN I SHARE MY ACCOUNT WITH ANYONE ELSE?
Accounts created within your flowww system should not be shared with third parties. If you share account or user information with someone, that person will have access to all of your information and be able to take control of your account and we will not be able to determine who the correct owner is. We shall have no liability to you, or with whom you share your account information and/or users whether third parties or personnel authorized by you, as a result of your or their actions in these circumstances. The people you authorize for your business needs, with access to your account, must be informed of the limitations of use and access to personal data. Ideally, a personal and non-transferable user should be created for each of the people who access your flowww system.
ONCE I HAVE AN ACCOUNT, WHAT ARE MY RIGHTS IN THE CONTRACTED SERVICE?
Once your account has been created by registering in the chosen edition and by accepting these service Terms and Conditions of Use and our Privacy Policy, you will have the right to access the flowww computer application for your business, and customer service in relation to the chosen edition, and according to your needs.
Likewise, by entering your personal data during the contracting of the service and checking the box covering the General Terms and Conditions of flowww, you are indicating that you have read, agree and accept them. This process is equivalent to the digital signature of an acceptance document of our policies.
The services you will have access to are specified by editions in the Prices section of our website. You can access our customer service at any time to resolve any issues regarding use of and rights under the subscribed version.
You retain the proprietary rights and other rights you already have with respect to the Content in your account before you have submitted, published or displayed data on or through the service, but you must grant the company providing the service a limited license, as described below, so that we can process your data and make it accessible and usable in the service.
In addition to this limited license and other rights that you grant in these Terms of Service, the company providing the service acknowledges and accepts that it does not obtain any right, title or interest in your Content, in accordance with these Terms and Conditions of Service and Privacy Policy, and undertakes to delete it three months after the suspension or termination of your account.
WILL THESE TERMS OF SERVICE EVER CHANGE?
Changes to these Terms are almost certain to happen, due to changes in our service and the laws that apply to us and you. If we make a change, we will do our best to notify you in advance, although in some situations, such as when a change is required to comply with legal requirements, the update to these Terms must be effective immediately. We will announce the changes on our website, and we may also notify you of the changes by emailing you at the address you provided us with when registering for the service.
When we make a change, we will try to explain the reasons for the change so that you can freely decide whether to accept them or stop using our service; if you continue to use the service after such update has become effective, you will be deemed to agree to, and be bound by, the new Terms.
WHAT DO I NEED TO DO TO USE FLOWWW?
To access the services, you must register by creating an account for the service through this same page, and expressly accept these Terms and Conditions of Service, and the Privacy Policies.
You create an account by providing us with your personal and business details, as well as a valid email address and creating a password. We refer to this as "Account Information", in your registration process you will indicate the modality in which you decide to register. The subscription implies the express acceptance of the Terms of Use and Privacy Policies.
You are responsible for maintaining the accuracy, integrity and confidentiality of your account information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your account information. We shall not be responsible for any loss or damage that occurs due to your failure to provide us with accurate information or to keep your account information secure. If you discover any unauthorized use of your account information or suspect that someone may have access to your private information, you must immediately change your password and notify our Customer Service team.
Accept the terms and conditions of service and the Privacy Policy: By marking that you have read and accept the terms and conditions of service, and our Privacy Policy, you are acquiring the right to use it in the chosen modality, with the conditions set out here and that you accept.
WHAT ARE THE DIFFERENCES BETWEEN THE SERVICE EDITIONS?
Our website gives details of all the editions you can register for, and a comparison of the features and services they offer. The limits between the payment editions are also described in terms of the number of customers and/or establishments. This way you will only pay for the services you use and need.
Please note that your use is limited under the conditions set out on our previous page. If you use the free trial period, please note that you may freely use the service during this period in the trial edition, and before the end of the trial period, provided that you do not exceed the limits established for this version. At the end of the free trial period, if you do not opt for one of these two actions, you will be removed from the system, and your data will be deleted three months after the end of the trial period.
HOW DO I PAY FOR THE SERVICE SUBSCRIPTION?
You will receive an invoice from the company providing the service at your email address in sufficient time to make it effective within 30 days. In the event that you do not do so within the 30-day period, it will be understood that you no longer wish to maintain the service and your system will be temporarily suspended. Your data will be kept for three months after suspension. During this period, you may restore the service by paying the invoice. If you do not make the payment within this courtesy period, your system will be permanently unsubscribed and all data will be deleted. However, INTEGRA DIGITAL, S.L. may keep a copy, with the data duly blocked, for as long as liabilities may arise from the performance of the service.
CAN I SHARE MY ACCOUNT WITH ANYONE ELSE?
Accounts created within your flowww system should not be shared with third parties. If you share account or user information with someone, that person will have access to all of your information and be able to take control of your account and we will not be able to determine who the correct owner is. We shall have no liability to you, or with whom you share your account information and/or users whether third parties or personnel authorized by you, as a result of your or their actions in these circumstances. The people you authorize for your business needs, with access to your account, must be informed of the limitations of use and access to personal data. Ideally, a personal and non-transferable user should be created for each of the people who access your flowww system.
ONCE I HAVE AN ACCOUNT, WHAT ARE MY RIGHTS IN THE CONTRACTED SERVICE?
Once your account has been created by registering in the chosen edition and by accepting these service Terms and Conditions of Use and our Privacy Policy, you will have the right to access the flowww computer application for your business, and customer service in relation to the chosen edition, and according to your needs.
Likewise, by entering your personal data during the contracting of the service and checking the box covering the General Terms and Conditions of flowww, you are indicating that you have read, agree and accept them. This process is equivalent to the digital signature of an acceptance document of our policies.
The services you will have access to are specified by editions in the Prices section of our website. You can access our customer service at any time to resolve any issues regarding use of and rights under the subscribed version.
You retain the proprietary rights and other rights you already have with respect to the Content in your account before you have submitted, published or displayed data on or through the service, but you must grant the company providing the service a limited license, as described below, so that we can process your data and make it accessible and usable in the service.
In addition to this limited license and other rights that you grant in these Terms of Service, the company providing the service acknowledges and accepts that it does not obtain any right, title or interest in your Content, in accordance with these Terms and Conditions of Service and Privacy Policy, and undertakes to delete it three months after the suspension or termination of your account.
WHAT IS THE LICENSE / PERMIT / AUTHORIZATION I HAVE TO GRANT?
In order to allow the service-providing company to operate the service, we must obtain from you certain licenses and other rights over the Content you submit so that our processing, maintenance, storage, technical reproduction, support and distribution, as well as all the management related to your business does not infringe copyright and other applicable laws. This means that by using the service and uploading Content, you grant us a license to display, present and distribute your data, and to modify (for technical purposes, for example, to ensure that it is visible on smartphones, computers and other devices) and reproduce said Content to allow the company providing the service to process your data.
You agree that these rights and licenses are exempt from limitations, are irrevocable and worldwide (for as long as your Content is stored with us), including the right of the company providing the service to make such Content available, and transfer it to others with whom you have contractual relationships related to the provision of the service, solely for the purpose of providing such services, and allow access or disclose your Content to third parties in the event that it is deemed that such access is needed to comply with legal obligations.
Since we depend on your rights to store and process your Content, you represent and warrant that you have legal rights and unrestricted authority to send your Content to the company providing the service, to grant the rights stipulated in these Terms and Conditions of Use, and Privacy Policy to make any publication or distribution of such Content during your use of the service. You also declare that you are not infringing the rights of another person or a third party by sending Content to the company providing the service and granting us the rights stipulated in these Terms.
Finally, you understand and accept that the company providing the service, in the execution of the technical steps required to provide the service to our users, may make changes to its Content, as necessary in order to process, conform and adapt that Content to the technical requirements for the connection of networks, devices, services or media.
WHAT IS OUR PRIVACY POLICY? DATA PROTECTION
At flowww we are aware of the importance of protecting your personal data and we are committed to treating them responsibly in compliance with Spanish and European regulations on the protection of personal data, guaranteeing full compliance with the stipulated obligations, as well as the implementation of the security measures provided in the General Data Protection Regulation (GDPR) (EU) 2016/679, and with Organic Law 3/2018, of 5 December, on data protection and digital rights (LOPDGDD).
You authorize flowww to store any personal data provided or related information in a computer database, and as regulated for the purposes described in the Privacy Policy, which must be read, understood and accepted for the provision of our services.
Therefore, we inform you that we may collect personal data:
1. When you access and use our website or other online services.
2. When you contact us in relation to a request for information, to carry out the contracting of our products, to provide you with support, we will collect the necessary information to meet your request, grant you access to the product or service, provide you with support and be able to contact you.
3. When you use flowww services, we can enable product features, improve your user experience, personalize our interactions with you, inform you about the general use of the services, provide support, as well as improve and develop our products and services.
Only the data needed to perform the contracted service, or to be able to respond adequately to the request for information made by the User, will be obtained.
We want to protect your personal data and preserve its accuracy, so flowww implements physical, administrative and technical security measures to protect your personal access and use data. We have adopted the necessary technical and organizational measures to ensure the security of personal data and prevent its unauthorised alteration, loss, treatment or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether from human action or physical or natural factors. Among other measures, we encrypt all personal information, when we transmit it over the Internet. We also require that all our suppliers protect such access and use information. However, you should be aware that Internet security measures are not infallible.
Likewise, personal data will not be kept for a period longer than necessary for the purposes for which they are processed, including the security of our processing in compliance with legal and regulatory obligations, the processing of disputes and for the establishment, exercise or defense of legal claims in the countries in which we operate.
You can ask us to access, update or correct your personal information. You may also object to direct marketing at any time. Additionally, you also enjoy rights under the legislation applicable to data processing. If the processing of your personal information is subject to the European Union's General Data Protection Regulation (GDPR), and your personal data is processed on the basis of legitimate interests, you have the right to object to the processing on grounds bearing on your specific situation. Under the GDPR, you can also request the deletion or restriction and portability of your personal data.
This privacy policy will be complemented by our Privacy Policy, which provides more information on the online context, including contracting, and its acceptance is an essential requirement for contracting our services.
WHAT RIGHTS DOES THE COMPANY PROVIDING THE SERVICE RESERVE?
INTELLECTUAL PROPERTY RIGHTS
By accepting these terms, you also agree that the rights to the flowww application, including all intellectual property rights, such as trademarks, trademarks, logos, patents, industrial designs and copyrights, are protected by one or more copyrights, trademarks, patents, trade secrets and other laws, regulations and treaties, in addition to these Terms. In particular, you agree not to modify, create derivative works, or in any way attempt to extract the source code of any Software needed for the provision of the service.
RIGHT TO MODIFY THE SERVICE.
The company providing the service reserves the right, to implement new elements as part or complement of the service and any necessary software, including changes that may affect the mode of operation of the service as we deem fit. The modifications will be to improve the service, but you may not agree with us. We also reserve the right to establish limits on the nature or size of the storage at your disposal, the number of transmissions and emails, as well as the maximum number established by the version in terms of customers, booths, users and centers. We may also impose other limitations at any time, with or without giving prior notice. For example, the limitations of use are determined by the edition for which you have registered.
You also acknowledge that for various reasons the company providing the service may temporarily restrict or bar you from accessing the service at certain times and/or in the same way, for limited periods or permanently, and you accept that the company providing the service has no responsibility or obligation as a result of such actions or results. You agree that we will not be liable to you or any third party for any modification, suspension or temporary interruption of the service. However, if you find that any modification or interruption of service adversely affects you, you may notify the Customer Service team, explaining the adverse impact that the modification has caused and, if you wish, you may request cancellation of your service. On receipt of such request, we shall do everything technically possible to remedy without delay the adverse impact caused by the modification.
RIGHT TO CONTRACT WITH THIRD PARTIES.
The company providing the service may subcontract to other third parties to provide technical or other services related to all or part of the service, or to perform certain functions related to the operation of flowww, and you accept such participation of third parties by accepting the Privacy Policy.
The company providing the service informs the client, which expressly accepts that the application will be physically hosted on the servers of the Internet Service Provider (ISP) company. The designated ISP is "Arsys Internet, SL" and "Amazon Web Services", dedicated exclusively and specifically for the services supplied to branches of the company providing the service to end customers. The supplier and these companies have signed a server rental contract in which it is guaranteed that they shall only be responsible for: physically hosting their servers in their "data center", maintaining the servers in optimal connectivity conditions, as well as temperature and humidity; guaranteeing the security, both physical and logical, of said equipment, thus avoiding access by unauthorized third parties in writing by INTEGRA DIGITAL, S.L.
HOW DOES THE COMPANY PROVIDING THE SERVICE RESPOND TO VIOLATIONS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS?
We respond to clear and complete requirements in relation to alleged infringements of industrial property rights that we receive from third parties against customers using the application, trademark or other intellectual property laws that meet the legal requirements and/or those established in these Terms. Please note that each intellectual property owner is responsible for protecting its own rights and taking any legal or other action they deem fit to protect their interests. The company providing the service assumes no obligation to take any particular action to enforce or protect the intellectual property rights of customers using the flowww application, and reserves the right to suspend the service until the resolution of any dispute between the interested parties by the courts.
WHERE DOES MY INFORMATION GO?
The use of the flowww application is available worldwide through access to the application, but the information processing operations may be carried out in a country other than that of your residence. If you use the service, you acknowledge that you may send electronic communications (including information and your personal account), through the computer networks owned by the company providing the service. Therefore, your use of the service may result in the international transmission of the information and therefore will constitute your consent to allow such transmissions, and which are not contrary to the legislation of your country of residence.
HOW DO I CLOSE MY ACCOUNT?
You may close your service account at any time. 10 days notice before the end of the contracted period is enough to stop you being sent a further invoice. However, if you want to deactivate your account, you need to follow certain specific steps described in the section titled "How can I deactivate my account and delete its content?"
The company providing the service may suspend access to your account, or close your account, with or without notice in accordance with these Terms. Reasons why your account may be suspended or closed include, but are not limited to:
(I) the breach or violation of these Terms;
(II) In the free version, an extended period of inactivity (determined at the sole discretion of the company providing the service);
(III) (III) non-payment of the subscription;
or (IV) unexpected technical or safety problems.
In most cases, if we chose to close your account, we would notify you 30 days in advance at the email address you have provided us with, and we will keep your data for a period of three months from your termination so that you have the opportunity to retrieve any Content stored on the servers (unless we deem that we are legally forbidden to grant you permission to do so). After the expiration of the relevant notice, you will not be able to retrieve the content included in that account or use the service through that account.
*Important note: When contracting any flowww service or product, if you choose to request the cancellation of our plans or contracts and do so before the end of the contracted period, no refund shall be issued for any unused time up until expiry of the contract.
The unsubscription request can be made by any means that allow us to verify the client's identity:
Unsubscribe email, with a copy of the ID and administrator's username.
Unsubscribe letter with electronic signature.
Unsubscribe letter with the client's signature, accompanied by a copy of their ID and administrator's username.
Burofax, proving signature with a copy of the ID and administrator's username.
MAY YOU RECEIVE ADVERTISING?
The company providing the service is authorized to display ads and promotions in relation to the service or its business, some of which may be paid for by third parties. We also provide in-app advertisements, and you expressly authorize us to use your email address to remit information. These messages may promote our company's other products and services. Such messages may cover events, demonstrate various uses of our service and promote the applications and services of certain third parties with which we work now or may do so in the future, as well as special offers bearing on your business.
Since some advertising or other and messaging content we offer is based on information provided by third parties, we shall not be liable for any loss or damage of any kind incurred by you as a result of any advertising or other messages. In addition, your interactions with advertisers found on or through the service, including, without limitation, all reliance on advertising, all business operations and legal obligations associated therewith, are solely between you and such advertisers.
DOES THE COMPANY PROVIDING THE COMPLAINTS SERVICE RESPOND AGAINST CUSTOMERS USING FLOWWW?
No. You as a user of the computer application undertake to indemnify and hold harmless the company providing the service, associated companies, their subsidiaries, affiliates, agents, employees, advertisers and partners, for and against any claim, liability, damage (real or emerging), for losses and expenses (including legal and professional fees) arising from or in any way bearing on the claims of third parties in relation to the services you provide to your customers.
DOES THE SERVICE-PROVIDING COMPANY ALWAYS RESPOND TO COMPLAINTS FROM SERVICE USERS?
No. To the fullest extent permitted by Law, the Service is Available “As Is”. You acknowledge and agree that:
(a) the use of the service is at your own risk. The service is supplied "as is" and "as available". To the maximum extent permitted by Law, the company providing the service shall not be liable for the use of the service by the client, including, but not limited to the implied warranties and conditions of commercialization, and suitability for a particular purpose.
(b) The company providing the service does not guarantee that (i) the service will comply with all its requirements; (ii) the service will be uninterrupted, timely, secure or error-free, or that (iii) all errors in the software or the service will be corrected.
(c) any service provided by the company is at your own risk and you will be solely responsible for any damage to your computer or other device or for the loss of data resulting from your access and use of such material.
(d) no advice or information, oral or written, that you obtain from the supplying company or through customer service, shall constitute any guarantees other than those expressly stipulated in these terms and conditions of service.
You acknowledge and agree that: the company providing the service, its subsidiaries, affiliates and licensees, and our and their respective officers, employees, agents and successors, shall not be responsible for direct, indirect, incidental, special, emerging or exemplary damages, including but not limited to, damages for loss of profit, loss of goodwill, use, information, or other intangible or covered losses (even if the company providing the service has been warned of the possibility of such damages) resulting from:
(i) incorrect use of the service,
(II) the cost of acquiring goods and services resulting from any goods, products, data, information or services acquired or obtained, or messages received or transactions made through or from the service;
(III) unauthorized access, or loss, interference or alteration of its transmissions, and/or data;
(IV) statements or conduct of any third party in or using the service or providing services bearing on service operation;
(V) the company's actions or omissions in providing the service by virtue of the trust placed in the account information, as well as any changes thereto or notifications received in that regard;
(VI) your failure to protect the confidentiality of passwords or access rights to account information;
(VII) the acts or omissions of third parties who use, integrate with the service or offer products;
(VIII) any and all advertising or the purchase or use of any advertised product or service or other third party products or services;
(IX) the cancellation of your account in accordance with the terms of service;
(X) the loss of your data as a result of voluntary or forced withdrawal from the service or (xi) any other matter bearing on the service.
Exclusions and Limitations
Nothing in these terms of service (including the limitation of liability clauses) is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by wilful misconduct, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only such limitations of liability and other limitations as are lawful in your jurisdiction (if any) shall apply to you and our liability shall be limited to the maximum extent permitted by Law.
IF THE COMPANY PROVIDING THE SERVICE HAS TO NOTIFY ME OF SOMETHING, HOW WILL IT DO SO?
This is another reason why it is important for you to ensure that your Account Information is accurate, complete and up to date. By accepting this document, you expressly authorize us to provide you with notifications by email.
HOW CAN I SEND NOTIFICATIONS TO THE COMPANY PROVIDING THE SERVICE?
Except in cases where these Terms specifically indicate the use of a different means or communication address, any notification to the company providing the service must be delivered by email to:
- If your country of residence is Brazil: suporte@flowww.com.br
- If your country of residence is any other: soporte@flowww.es
This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver the notification by email, you can send notification to us at the following address:
If your country of residence is Brazil: Flowww Brasil Tecnologia da Informação Ltda. Address_ Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis, São Paulo, Brazil.
If your country of residence is any other: INTEGRA DIGITAL, SL. Calle Isaac Albéniz, 34, CP 46780, Oliva, Valencia, Spain.
IS THERE ANY COUNTRY IN WHICH I AM NOT ALLOWED TO USE FLOWWW?
You may not use the service or any Software save as permitted by the laws of the European Union and the laws of the jurisdiction from which you access the service, or in which you use any of our Software.
WHAT LAW APPLIES TO MY USE OF FLOWWW?
For any legal action or that falls within the scope of these general contracting conditions hosted on the website, Spanish legislation will apply, and failing that, European legislation that is applicable to the matter in question. In any case, in the event of a dispute, the parties shall first try to resolve the issue by mutual agreement, and if this proves impossible, shall submit to the jurisdiction of the Courts and Tribunals of Valencia (Spain), renouncing any other forum that may be competent by reason of the matter and/or amount.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall seek to give effect to the parties' intentions as reflected in the provisions, and that the other provisions of this agreement remain in full force and effect.
How does the Anti-Fraud Law affect the use of flowww?
According to document BOE-A-2021-11473, on October 11, 2021, the Anti-Fraud Act 11/21 came into force, and whose purpose is to fight tax fraud. This Act has, among other goals, the prohibition of the production, possession and use of computer programs and systems that allow the manipulation of accounting and management data, as well as the falsification of a company's accounts.
Likewise, this law "establishes the obligation that the computer systems that support the accounting and business management processes comply with certain requirements that guarantee the integrity, conservation, accessibility, legibility, traceability and inalterability of the records."
In consonance with this Act, flowww offers software is designed to ensure tax transparency and reflect each of the accounting records and transactions carried out in your business.
Accordingly, flowww avoids:
Recording income and receipts with dual accounting or 'off-the-books' cash funds.
Omitting and interpolating the total or partial reflection of the annotation of the transactions carried out.
Altering existing transactions and accounting records.
Failing to comply with regulations for ensuring the integrity, conservation, accessibility, legibility, traceability and inalterability of the accounting records.
Scope for evading taxes and specifically Corporate Tax and VAT.
Penalties that might otherwise be incurred by the system producer, the computer program, or the user.
With flowww, you won't have to worry about anything. Everything is recorded and reflected in the system to ensure compliance with the Anti-Fraud Law.
WHAT DO I DO IF I HAVE A COMPLAINT AGAINST THE COMPANY PROVIDING THE SERVICE?
Tell us what your complaint is.
If you have any problems or questions regarding service operation, please contact us. We are keen to ensure an excellent service experience.
Initiation of a Formal Claim.
If you believe that we have not resolved your complaint and that you should take legal action, you agree that your claim must be pursued through the processes set out in these Terms. The company provides the service on condition that you accept the clauses covering the resolution of disputes described below.
Therefore, if you begin legal action against the service-providing company in any other way, you will be breaching these Terms and you accept that said company shall be entitled to have such action dismissed or terminated in some way. You also agree to reimburse us for all reasonable costs incurred in defending against such improperly initiated litigation. You accept that, before initiating any formal procedure against the service-providing company, you will notify our Complaints Department at complaints@flowww.net so that our lawyers can consider the case, and indicate that you are sending a "Notice of Claim" and a statement of your grounds for making the complaint.
Upon receipt of a Notice of Claim, both parties will try to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice was sent. If the dispute remains unresolved, you or we may initiate the formal proceeding in accordance with these Terms.
Except in cases where the dispute is being resolved through arbitration (as indicated below) you agree that any claim or dispute you may have against the service-providing company must be resolved solely through a Court or Tribunal of Valencia (Spain). You agree to submit to the exclusive personal jurisdiction of the courts located in the Court or Tribunal of Valencia (Spain) (and, for the avoidance of doubt, you agree to the exclusion of the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.
Mediation Agreement.
You expressly accept that in any disputes that may arise as a result of contracting our services, you undertake to try to resolve them amicably and in good faith, and that if this proves impossible, the parties shall submit to mediation before initiating legal proceedings. The parties shall choose the mediators or the mediating institution by mutual agreement. Should there be lack of agreement, the mediation will be administered by the Mediation Center of the Illustrious Bar Association of Valencia (CMICAV), subject to the CMICAV rules in force on the date on which the request for mediation is submitted.
Time-barred Claims.
You agree that, regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action arising from or bearing on the use of the service or otherwise must be brought within one (1) year after such claim or cause of action arises and that any claim made thereafter shall be forever barred.
The provisions of this section, titled “Time-barred Claims” constitute a separate, legally binding written agreement between you and us.
If you are a resident of Brazil, the company providing the service is:
flowww Brasil Tecnologia da Informação Ltda.
Address at Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis. São Paulo, Brazil.
CNPJ 19.876.605/0001-79
Contact telephone number: 55 (11) 39584455
Email address: suporte@flowww.com.br
- If you are a resident of any other country, the company providing the service is:
INTEGRA DIGITAL, S.L.
Address at Calle Cirilo Amorós, número 14, CP 46004, Valencia, Spain.
CIF B97243299
Contact telephone number: +34 902 999 825
Email address: soporte@flowww.es
General Clauses.
a) This contract contains the total agreement between the parties on the same subject and replaces any previous agreement, verbal or written, reached by the parties.
b) Likewise, in the event of a contradiction between the conditions stipulated in this agreement and any other previously signed between both parties, the provisions of this agreement shall prevail.
c) Nothing in this agreement implies the identity of the parties, or that one is considered the agent of the other. Neither party shall be liable for any statement, act or omission of the other party that is contrary to the foregoing.
d) Any modification of the content of this agreement shall only be effective if made in writing and with the consent of both parties.
e) Failure by either party to enforce any of its rights under this agreement shall not be deemed to constitute a waiver of such rights in the future.
GOVERNING LAW AND JURISDICTION
This agreement is governed by the stipulations of the same and in what is not expressly regulated, by the rules of the current commercial code and other commercial and civil legislation of Spanish Law.
The parties submit, for disputes that may arise in relation to it, to the jurisdiction of the Courts and Tribunals of the city indicated below, renouncing any other jurisdiction that corresponds to them.
ANYTHING ELSE?
Remember that it is important that you keep your data updated for correct communication, and for the provision of the service.
These Terms constitute the entire agreement between you and the service-providing company and govern the use of this service. These Terms replace any other previous agreements or previous editions of these Terms for the use of the service.
Finally, the section headings in these Terms of Service are only for a better understanding of their content, and have no legal or contractual effects.
In order to allow the service-providing company to operate the service, we must obtain from you certain licenses and other rights over the Content you submit so that our processing, maintenance, storage, technical reproduction, support and distribution, as well as all the management related to your business does not infringe copyright and other applicable laws. This means that by using the service and uploading Content, you grant us a license to display, present and distribute your data, and to modify (for technical purposes, for example, to ensure that it is visible on smartphones, computers and other devices) and reproduce said Content to allow the company providing the service to process your data.
You agree that these rights and licenses are exempt from limitations, are irrevocable and worldwide (for as long as your Content is stored with us), including the right of the company providing the service to make such Content available, and transfer it to others with whom you have contractual relationships related to the provision of the service, solely for the purpose of providing such services, and allow access or disclose your Content to third parties in the event that it is deemed that such access is needed to comply with legal obligations.
Since we depend on your rights to store and process your Content, you represent and warrant that you have legal rights and unrestricted authority to send your Content to the company providing the service, to grant the rights stipulated in these Terms and Conditions of Use, and Privacy Policy to make any publication or distribution of such Content during your use of the service. You also declare that you are not infringing the rights of another person or a third party by sending Content to the company providing the service and granting us the rights stipulated in these Terms.
Finally, you understand and accept that the company providing the service, in the execution of the technical steps required to provide the service to our users, may make changes to its Content, as necessary in order to process, conform and adapt that Content to the technical requirements for the connection of networks, devices, services or media.
WHAT IS OUR PRIVACY POLICY? DATA PROTECTION
At flowww we are aware of the importance of protecting your personal data and we are committed to treating them responsibly in compliance with Spanish and European regulations on the protection of personal data, guaranteeing full compliance with the stipulated obligations, as well as the implementation of the security measures provided in the General Data Protection Regulation (GDPR) (EU) 2016/679, and with Organic Law 3/2018, of 5 December, on data protection and digital rights (LOPDGDD).
You authorize flowww to store any personal data provided or related information in a computer database, and as regulated for the purposes described in the Privacy Policy, which must be read, understood and accepted for the provision of our services.
Therefore, we inform you that we may collect personal data:
1. When you access and use our website or other online services.
2. When you contact us in relation to a request for information, to carry out the contracting of our products, to provide you with support, we will collect the necessary information to meet your request, grant you access to the product or service, provide you with support and be able to contact you.
3. When you use flowww services, we can enable product features, improve your user experience, personalize our interactions with you, inform you about the general use of the services, provide support, as well as improve and develop our products and services.
Only the data needed to perform the contracted service, or to be able to respond adequately to the request for information made by the User, will be obtained.
We want to protect your personal data and preserve its accuracy, so flowww implements physical, administrative and technical security measures to protect your personal access and use data. We have adopted the necessary technical and organizational measures to ensure the security of personal data and prevent its unauthorised alteration, loss, treatment or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether from human action or physical or natural factors. Among other measures, we encrypt all personal information, when we transmit it over the Internet. We also require that all our suppliers protect such access and use information. However, you should be aware that Internet security measures are not infallible.
Likewise, personal data will not be kept for a period longer than necessary for the purposes for which they are processed, including the security of our processing in compliance with legal and regulatory obligations, the processing of disputes and for the establishment, exercise or defense of legal claims in the countries in which we operate.
You can ask us to access, update or correct your personal information. You may also object to direct marketing at any time. Additionally, you also enjoy rights under the legislation applicable to data processing. If the processing of your personal information is subject to the European Union's General Data Protection Regulation (GDPR), and your personal data is processed on the basis of legitimate interests, you have the right to object to the processing on grounds bearing on your specific situation. Under the GDPR, you can also request the deletion or restriction and portability of your personal data.
This privacy policy will be complemented by our Privacy Policy, which provides more information on the online context, including contracting, and its acceptance is an essential requirement for contracting our services.
WHAT RIGHTS DOES THE COMPANY PROVIDING THE SERVICE RESERVE?
INTELLECTUAL PROPERTY RIGHTS
By accepting these terms, you also agree that the rights to the flowww application, including all intellectual property rights, such as trademarks, trademarks, logos, patents, industrial designs and copyrights, are protected by one or more copyrights, trademarks, patents, trade secrets and other laws, regulations and treaties, in addition to these Terms. In particular, you agree not to modify, create derivative works, or in any way attempt to extract the source code of any Software needed for the provision of the service.
RIGHT TO MODIFY THE SERVICE.
The company providing the service reserves the right, to implement new elements as part or complement of the service and any necessary software, including changes that may affect the mode of operation of the service as we deem fit. The modifications will be to improve the service, but you may not agree with us. We also reserve the right to establish limits on the nature or size of the storage at your disposal, the number of transmissions and emails, as well as the maximum number established by the version in terms of customers, booths, users and centers. We may also impose other limitations at any time, with or without giving prior notice. For example, the limitations of use are determined by the edition for which you have registered.
You also acknowledge that for various reasons the company providing the service may temporarily restrict or bar you from accessing the service at certain times and/or in the same way, for limited periods or permanently, and you accept that the company providing the service has no responsibility or obligation as a result of such actions or results. You agree that we will not be liable to you or any third party for any modification, suspension or temporary interruption of the service. However, if you find that any modification or interruption of service adversely affects you, you may notify the Customer Service team, explaining the adverse impact that the modification has caused and, if you wish, you may request cancellation of your service. On receipt of such request, we shall do everything technically possible to remedy without delay the adverse impact caused by the modification.
RIGHT TO CONTRACT WITH THIRD PARTIES.
The company providing the service may subcontract to other third parties to provide technical or other services related to all or part of the service, or to perform certain functions related to the operation of flowww, and you accept such participation of third parties by accepting the Privacy Policy.
The company providing the service informs the client, which expressly accepts that the application will be physically hosted on the servers of the Internet Service Provider (ISP) company. The designated ISP is "Arsys Internet, SL" and "Amazon Web Services", dedicated exclusively and specifically for the services supplied to branches of the company providing the service to end customers. The supplier and these companies have signed a server rental contract in which it is guaranteed that they shall only be responsible for: physically hosting their servers in their "data center", maintaining the servers in optimal connectivity conditions, as well as temperature and humidity; guaranteeing the security, both physical and logical, of said equipment, thus avoiding access by unauthorized third parties in writing by INTEGRA DIGITAL, S.L.
HOW DOES THE COMPANY PROVIDING THE SERVICE RESPOND TO VIOLATIONS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS?
We respond to clear and complete requirements in relation to alleged infringements of industrial property rights that we receive from third parties against customers using the application, trademark or other intellectual property laws that meet the legal requirements and/or those established in these Terms. Please note that each intellectual property owner is responsible for protecting its own rights and taking any legal or other action they deem fit to protect their interests. The company providing the service assumes no obligation to take any particular action to enforce or protect the intellectual property rights of customers using the flowww application, and reserves the right to suspend the service until the resolution of any dispute between the interested parties by the courts.
WHERE DOES MY INFORMATION GO?
The use of the flowww application is available worldwide through access to the application, but the information processing operations may be carried out in a country other than that of your residence. If you use the service, you acknowledge that you may send electronic communications (including information and your personal account), through the computer networks owned by the company providing the service. Therefore, your use of the service may result in the international transmission of the information and therefore will constitute your consent to allow such transmissions, and which are not contrary to the legislation of your country of residence.
HOW DO I CLOSE MY ACCOUNT?
You may close your service account at any time. 10 days notice before the end of the contracted period is enough to stop you being sent a further invoice. However, if you want to deactivate your account, you need to follow certain specific steps described in the section titled "How can I deactivate my account and delete its content?"
The company providing the service may suspend access to your account, or close your account, with or without notice in accordance with these Terms. Reasons why your account may be suspended or closed include, but are not limited to:
(I) the breach or violation of these Terms;
(II) In the free version, an extended period of inactivity (determined at the sole discretion of the company providing the service);
(III) (III) non-payment of the subscription;
or (IV) unexpected technical or safety problems.
In most cases, if we chose to close your account, we would notify you 30 days in advance at the email address you have provided us with, and we will keep your data for a period of three months from your termination so that you have the opportunity to retrieve any Content stored on the servers (unless we deem that we are legally forbidden to grant you permission to do so). After the expiration of the relevant notice, you will not be able to retrieve the content included in that account or use the service through that account.
*Important note: When contracting any flowww service or product, if you choose to request the cancellation of our plans or contracts and do so before the end of the contracted period, no refund shall be issued for any unused time up until expiry of the contract.
The unsubscription request can be made by any means that allow us to verify the client's identity:
Unsubscribe email, with a copy of the ID and administrator's username.
Unsubscribe letter with electronic signature.
Unsubscribe letter with the client's signature, accompanied by a copy of their ID and administrator's username.
Burofax, proving signature with a copy of the ID and administrator's username.
MAY YOU RECEIVE ADVERTISING?
The company providing the service is authorized to display ads and promotions in relation to the service or its business, some of which may be paid for by third parties. We also provide in-app advertisements, and you expressly authorize us to use your email address to remit information. These messages may promote our company's other products and services. Such messages may cover events, demonstrate various uses of our service and promote the applications and services of certain third parties with which we work now or may do so in the future, as well as special offers bearing on your business.
Since some advertising or other and messaging content we offer is based on information provided by third parties, we shall not be liable for any loss or damage of any kind incurred by you as a result of any advertising or other messages. In addition, your interactions with advertisers found on or through the service, including, without limitation, all reliance on advertising, all business operations and legal obligations associated therewith, are solely between you and such advertisers.
DOES THE COMPANY PROVIDING THE COMPLAINTS SERVICE RESPOND AGAINST CUSTOMERS USING FLOWWW?
No. You as a user of the computer application undertake to indemnify and hold harmless the company providing the service, associated companies, their subsidiaries, affiliates, agents, employees, advertisers and partners, for and against any claim, liability, damage (real or emerging), for losses and expenses (including legal and professional fees) arising from or in any way bearing on the claims of third parties in relation to the services you provide to your customers.
DOES THE SERVICE-PROVIDING COMPANY ALWAYS RESPOND TO COMPLAINTS FROM SERVICE USERS?
No. To the fullest extent permitted by Law, the Service is Available “As Is”. You acknowledge and agree that:
(a) the use of the service is at your own risk. The service is supplied "as is" and "as available". To the maximum extent permitted by Law, the company providing the service shall not be liable for the use of the service by the client, including, but not limited to the implied warranties and conditions of commercialization, and suitability for a particular purpose.
(b) The company providing the service does not guarantee that (i) the service will comply with all its requirements; (ii) the service will be uninterrupted, timely, secure or error-free, or that (iii) all errors in the software or the service will be corrected.
(c) any service provided by the company is at your own risk and you will be solely responsible for any damage to your computer or other device or for the loss of data resulting from your access and use of such material.
(d) no advice or information, oral or written, that you obtain from the supplying company or through customer service, shall constitute any guarantees other than those expressly stipulated in these terms and conditions of service.
You acknowledge and agree that: the company providing the service, its subsidiaries, affiliates and licensees, and our and their respective officers, employees, agents and successors, shall not be responsible for direct, indirect, incidental, special, emerging or exemplary damages, including but not limited to, damages for loss of profit, loss of goodwill, use, information, or other intangible or covered losses (even if the company providing the service has been warned of the possibility of such damages) resulting from:
(i) incorrect use of the service,
(II) the cost of acquiring goods and services resulting from any goods, products, data, information or services acquired or obtained, or messages received or transactions made through or from the service;
(III) unauthorized access, or loss, interference or alteration of its transmissions, and/or data;
(IV) statements or conduct of any third party in or using the service or providing services bearing on service operation;
(V) the company's actions or omissions in providing the service by virtue of the trust placed in the account information, as well as any changes thereto or notifications received in that regard;
(VI) your failure to protect the confidentiality of passwords or access rights to account information;
(VII) the acts or omissions of third parties who use, integrate with the service or offer products;
(VIII) any and all advertising or the purchase or use of any advertised product or service or other third party products or services;
(IX) the cancellation of your account in accordance with the terms of service;
(X) the loss of your data as a result of voluntary or forced withdrawal from the service or (xi) any other matter bearing on the service.
Exclusions and Limitations
Nothing in these terms of service (including the limitation of liability clauses) is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by wilful misconduct, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only such limitations of liability and other limitations as are lawful in your jurisdiction (if any) shall apply to you and our liability shall be limited to the maximum extent permitted by Law.
IF THE COMPANY PROVIDING THE SERVICE HAS TO NOTIFY ME OF SOMETHING, HOW WILL IT DO SO?
This is another reason why it is important for you to ensure that your Account Information is accurate, complete and up to date. By accepting this document, you expressly authorize us to provide you with notifications by email.
HOW CAN I SEND NOTIFICATIONS TO THE COMPANY PROVIDING THE SERVICE?
Except in cases where these Terms specifically indicate the use of a different means or communication address, any notification to the company providing the service must be delivered by email to:
- If your country of residence is Brazil: suporte@flowww.com.br
- If your country of residence is any other: soporte@flowww.es
This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver the notification by email, you can send notification to us at the following address:
If your country of residence is Brazil: Flowww Brasil Tecnologia da Informação Ltda. Address_ Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis, São Paulo, Brazil.
If your country of residence is any other: INTEGRA DIGITAL, SL. Calle Isaac Albéniz, 34, CP 46780, Oliva, Valencia, Spain.
IS THERE ANY COUNTRY IN WHICH I AM NOT ALLOWED TO USE FLOWWW?
You may not use the service or any Software save as permitted by the laws of the European Union and the laws of the jurisdiction from which you access the service, or in which you use any of our Software.
WHAT LAW APPLIES TO MY USE OF FLOWWW?
For any legal action or that falls within the scope of these general contracting conditions hosted on the website, Spanish legislation will apply, and failing that, European legislation that is applicable to the matter in question. In any case, in the event of a dispute, the parties shall first try to resolve the issue by mutual agreement, and if this proves impossible, shall submit to the jurisdiction of the Courts and Tribunals of Valencia (Spain), renouncing any other forum that may be competent by reason of the matter and/or amount.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall seek to give effect to the parties' intentions as reflected in the provisions, and that the other provisions of this agreement remain in full force and effect.
How does the Anti-Fraud Law affect the use of flowww?
According to document BOE-A-2021-11473, on October 11, 2021, the Anti-Fraud Act 11/21 came into force, and whose purpose is to fight tax fraud. This Act has, among other goals, the prohibition of the production, possession and use of computer programs and systems that allow the manipulation of accounting and management data, as well as the falsification of a company's accounts.
Likewise, this law "establishes the obligation that the computer systems that support the accounting and business management processes comply with certain requirements that guarantee the integrity, conservation, accessibility, legibility, traceability and inalterability of the records."
In consonance with this Act, flowww offers software is designed to ensure tax transparency and reflect each of the accounting records and transactions carried out in your business.
Accordingly, flowww avoids:
Recording income and receipts with dual accounting or 'off-the-books' cash funds.
Omitting and interpolating the total or partial reflection of the annotation of the transactions carried out.
Altering existing transactions and accounting records.
Failing to comply with regulations for ensuring the integrity, conservation, accessibility, legibility, traceability and inalterability of the accounting records.
Scope for evading taxes and specifically Corporate Tax and VAT.
Penalties that might otherwise be incurred by the system producer, the computer program, or the user.
With flowww, you won't have to worry about anything. Everything is recorded and reflected in the system to ensure compliance with the Anti-Fraud Law.
WHAT DO I DO IF I HAVE A COMPLAINT AGAINST THE COMPANY PROVIDING THE SERVICE?
Tell us what your complaint is.
If you have any problems or questions regarding service operation, please contact us. We are keen to ensure an excellent service experience.
Initiation of a Formal Claim.
If you believe that we have not resolved your complaint and that you should take legal action, you agree that your claim must be pursued through the processes set out in these Terms. The company provides the service on condition that you accept the clauses covering the resolution of disputes described below.
Therefore, if you begin legal action against the service-providing company in any other way, you will be breaching these Terms and you accept that said company shall be entitled to have such action dismissed or terminated in some way. You also agree to reimburse us for all reasonable costs incurred in defending against such improperly initiated litigation. You accept that, before initiating any formal procedure against the service-providing company, you will notify our Complaints Department at complaints@flowww.net so that our lawyers can consider the case, and indicate that you are sending a "Notice of Claim" and a statement of your grounds for making the complaint.
Upon receipt of a Notice of Claim, both parties will try to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice was sent. If the dispute remains unresolved, you or we may initiate the formal proceeding in accordance with these Terms.
Except in cases where the dispute is being resolved through arbitration (as indicated below) you agree that any claim or dispute you may have against the service-providing company must be resolved solely through a Court or Tribunal of Valencia (Spain). You agree to submit to the exclusive personal jurisdiction of the courts located in the Court or Tribunal of Valencia (Spain) (and, for the avoidance of doubt, you agree to the exclusion of the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.
Mediation Agreement.
You expressly accept that in any disputes that may arise as a result of contracting our services, you undertake to try to resolve them amicably and in good faith, and that if this proves impossible, the parties shall submit to mediation before initiating legal proceedings. The parties shall choose the mediators or the mediating institution by mutual agreement. Should there be lack of agreement, the mediation will be administered by the Mediation Center of the Illustrious Bar Association of Valencia (CMICAV), subject to the CMICAV rules in force on the date on which the request for mediation is submitted.
Time-barred Claims.
You agree that, regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action arising from or bearing on the use of the service or otherwise must be brought within one (1) year after such claim or cause of action arises and that any claim made thereafter shall be forever barred.
The provisions of this section, titled “Time-barred Claims” constitute a separate, legally binding written agreement between you and us.
If you are a resident of Brazil, the company providing the service is:
flowww Brasil Tecnologia da Informação Ltda.
Address at Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis. São Paulo, Brazil.
CNPJ 19.876.605/0001-79
Contact telephone number: 55 (11) 39584455
Email address: suporte@flowww.com.br
- If you are a resident of any other country, the company providing the service is:
INTEGRA DIGITAL, S.L.
Address at Calle Cirilo Amorós, número 14, CP 46004, Valencia, Spain.
CIF B97243299
Contact telephone number: +34 902 999 825
Email address: soporte@flowww.es
General Clauses.
a) This contract contains the total agreement between the parties on the same subject and replaces any previous agreement, verbal or written, reached by the parties.
b) Likewise, in the event of a contradiction between the conditions stipulated in this agreement and any other previously signed between both parties, the provisions of this agreement shall prevail.
c) Nothing in this agreement implies the identity of the parties, or that one is considered the agent of the other. Neither party shall be liable for any statement, act or omission of the other party that is contrary to the foregoing.
d) Any modification of the content of this agreement shall only be effective if made in writing and with the consent of both parties.
e) Failure by either party to enforce any of its rights under this agreement shall not be deemed to constitute a waiver of such rights in the future.
GOVERNING LAW AND JURISDICTION
This agreement is governed by the stipulations of the same and in what is not expressly regulated, by the rules of the current commercial code and other commercial and civil legislation of Spanish Law.
The parties submit, for disputes that may arise in relation to it, to the jurisdiction of the Courts and Tribunals of the city indicated below, renouncing any other jurisdiction that corresponds to them.
ANYTHING ELSE?
Remember that it is important that you keep your data updated for correct communication, and for the provision of the service.
These Terms constitute the entire agreement between you and the service-providing company and govern the use of this service. These Terms replace any other previous agreements or previous editions of these Terms for the use of the service.
Finally, the section headings in these Terms of Service are only for a better understanding of their content, and have no legal or contractual effects.