Terms and Conditions

Last updated: July 26, 2018

Scope of application

These Terms and Conditions ("Terms", "Terms and Conditions") govern all relationships between Ly Consulting ("us", "we", or „our"), the operator of Flowri („Flowri“ / „us“ / the „service“ / „services of Flowri“), and the users of Flowri („you“ / the „user“). We repudiate any conflicting terms and conditions of the user. Side agreements do not exist.

If these Terms and Conditions exist in different languages, the German version is effectual.

Subject-matter of the contract

  1. Subject-matter of this contract is the access and use of the application Flowri, which can be accessed through the internet or used as mobile application. Flowri is an application for organizing and managing tasks. Each registered user of Flowri can organize tasks and to-dos by means of projects and flows and delegate tasks to other registered users or recipients by e-mail.
  2. Using Flowri’s basic version is free of charge. In the future, we may introduce Flowri premium features (pro features) that may be available against payment. For the non-free use of these pro features, separate Terms and Conditions will be stipulated with the user
  3. Third-party development partners of Flowri may offer features / applications (add-ons) in Flowri that are integrated into and can be used in Flowri. You understand that if you use these add-ons, the license agreement for these third-party add-ons will be solely between the respective third-party development partner and you.

Service provision by Flowri

  1. Flowri is an application for task management. We neither warrant that the services and features provided by Flowri will meet your the expectations, that they will operate safely and error-free nor that they will always be delivered in the same form.
  2. We reserve the right to suspend services of Flowri fully or partially permanently or temporarily at any time and to change or add new services. This Terms and Conditions automatically apply to all these changes to Flowri.
  3. Flowri is a cloud application and can be accessed online through different devices. We do not warrant that the services of Flowri will be available at all times. We further neither warrant that the services will be available from anywhere nor that they can be accessed using any kinds of device.
  4. We will not be liable for contents (e.g., templates, texts, files, links, pictures) that are created or uploaded by the user or are provided by other users of Flowri. We do not warrant that the contents in Flowri serve a certain purpose. This also applies to contents that are provided by us or by our partners.
  5. We do not warrant that a user registered in Flowri is truly the one he / she pretends to be.
  6. We cannot be held responsible for the contents of external websites linked in Flowri.
  7. The collection and processing of data is as described in our Privacy Policy.

Formation, duration and termination of the license agreement

  1. Registration

    You may register directly or use your Facebook account in order to register for Flowri. In order to register for Flowri, you will have to provide an e-mail address that you can be contacted through, an user name and a password. Other information, like your name, may be necessary. You undertake to register only with truthful information.
    After registration, we will be sending you a confirmation link as well as this Terms and Conditions by e-mail. By clicking on the confirmation link, you can confirm your registration. The registration will then be considered as completed and the Terms and Conditions will be considered as accepted.

  2. Formation of the license agreement

    When using the Flowri web application, the license agreement will be concluded with your completed registration for Flowri. When using the mobile application, the license agreement will be concluded when you download and install the Flowri mobile application. We do not warrant the right to conclude a license agreement. We reserve our right to refuse registration requests without providing reasons.

  3. Duration of the license agreement

    The contract for the free of charge use of Flowri is closed for an indefinite period of time.

  4. Termination of the contract by the user

    You may terminate the contract at any time by writing us an e-mail declaring your wish to terminate the contract. When terminating the contract, we will delete your account. Data that is not backed up by you will be deleted.

  5. Termination of the contract by us

    We may terminate the contract with prior notice within a 14 days time by e-mail.

Usage

  1. Rules for using Flowri

    1. You must agree to use Flowri only in ways permitted by this Terms and Conditions and respect all applicable laws of Germany when using Flowri.
    2. You must not use or share data and contents on Flowri that violate effective laws, copyrights or other kinds of rights of any third party.
    3. Before you share or delegate projects, flows, tasks or other kinds of contents on Flowri via e-mail, you must ensure to have the approval of the owner of the respective e-mail address to:
      • to make this address known to Flowri
      • and to receive notifications from Flowri on contents shared with him / her to this e-mail address.
    4. You must agree to not use Flowri in an abusive manner, which includes the following:
      • Creating or sharing contents (e.g., texts, links, pictures and graphics) that violate effective laws, copyrights or other kinds of rights of any third party
      • Sending spam
      • Creating or sharing offending, insulting, defamatory, threatening, obscene, pornographic contents or contents that violate the rights of any third party in any way
      • Attacking the functionality of Flowri, e.g., using or sending spyware, harmful scripts and programs, viruses and worms, hacking, carrying out brute force attacks, mass sending e-mails
      • Attempting to get unauthorized access to services of Flowri or to provide unauthorized access to Flowri to others
      • Copying, sharing or publishing contents posted on Flowri without permission of the rights holder
    5. We reserve the rights to ban you for abusive use of Flowri, to deactivate the respective account and to exclude you from further use of Flowri. We are further authorized to promptly remove contents due to infringement of any rights.

  2. Responsibility of the user

    1. You are the only one responsible for the contents you use on Flowri. We will neither check the contents put on Flowri for correctness nor for being free of viruses.
    2. You are responsible for respecting copyrights and any kinds of rights of third parties when using Flowri and for asking for the explicit approval of the respective rights holder before using or sharing data and contents.
    3. You are responsible for keeping your password private. You must apply suitable measures, to ensure that your password does not become known to others and will not be abused by others. Whenever you suspect that your password is abused or lost, you must promptly notify us.
    4. You are responsible for backing up data and contents saved on Flowri, for example by making copies on your hard drive. We will make back ups on a regular basis. However, we do not warrant that data and contents saved on Flowri will never become corrupted or get lost partially or completely.

  3. Exclusion of liability

    You must exclude us of liability for claims of third parties that are raised due to infringement of their rights and / or abusive or non-contract-conform use of Flowri and contents on Flowri by you. You must bear full costs that arise for us due to the infringement of rights of third parties caused by you.

Advertising

We reserve the right to finance the free use of Flowri through advertising or other kinds of promotion. For that reason, advertisements may be displayed when you are using Flowri or parts of its services. The type and contents of the advertisements may vary due to the information collected through your use of Flowri. The type and contents of the advertisements also may change at any time. If you use Flowri for free, you must consent to advertisements being displayed and must not block these advertisements.

Liability

For the free use of Flowri we will be liable only for intention and gross negligence. With gross negligence our liability is limited to the amount of the typical foreseeable claim. Any liability beyond this is excluded.

Final terms

  1. If your general court of jurisdiction is not in Germany, the court of jurisdiction for all concerns with respect to this contract will be our base in Berlin.
  2. We reserve the right to change this Terms and Conditions from time to time. You will be notified by e-mail at least one month before the planned effective date of the new Terms and Conditions. If you do not explicitly object to the new Terms and Conditions, they will be considered accepted.
  3. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.