Terms of Service

Effective as of June 8, 2020

Introduction

The Terms and Conditions (“Terms”) describe how we at Flowyak SRL regulate your use of the website - https://www.flowyak.com (the “Website”). Please read the following information carefully to understand our policy regarding your use of the functionality and services available on the Website.

We may change the Terms at any time. We will inform you in advance of the changes to the Terms using the available means of communication (for example, in-built notification, email, or chat).

1. Privacy Policy

Our Privacy Policy is available on a separate page. The Privacy Policy explains to you how we process information which may identify you. You shall understand that through your use of the Website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

2. Services, payments, and cancellations

The Website allows you to use services available on the Website. The Website offers website template for companies and individuals of all kind (hereinafter the “Services”). The more detailed explanation of all features of the Services is available on the Website.

You shall not use the Services and Website for illegal, immoral or inappropriate purposes. The Services may not be abused and we provide some guidelines/answers in our FAQ section.

We may, at our sole discretion, set fees for using the Website or services. All fees are published separately on relevant pages on the Website. We may, at our sole discretion, at any time, change the fees with a 5 working days notice.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites/applications.

We may have several options of Services. Certain options may be, at our discretion, provided to you free-of-charge but, mainly, the Services require payment before you can access or use them.

We provide a 30 days refund period. You may request a full refund of all sum paid 30 days starting from the day you paid for any of the Services.

Refunds are applicable for first purchases only.

3. Third Party Services

The Website may include links to other sites, applications, and platforms (hereinafter the "Linked Websites").

We do not control the Linked Websites, and shall not be responsible for the content and other materials of the Linked Websites. We make these links available to you for providing the functionality or Services on the Website. We mentioned some of the Linked Websites in our Privacy Policy. You may also find terms and conditions of the Linked Websites on their websites.

4. Prohibited uses and intellectual property

You shall not use the Website for unlawful or prohibited purposes. You may not use the Website in a way that may disable, damage, or interfere in the Website.

All content present on the Website included text, code, graphics, logos, images, compilation, software used on the Website (hereinafter and hereinbefore the "Content") is our property or of our contractors and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, scratch, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Website shall not entitle you to make any illegal and prohibited use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use unless otherwise authorized by us. We do not grant you any licenses to our intellectual property unless otherwise provided in the Terms or individual agreement.

Nevertheless, we may provide exceptions regarding the use and licence conditions of the Content. In such a case, we may allow you to use some of the Content in a particular way.

6. Licensing Agreement

By purchasing a template you are being granted a license to use it under certain conditions. Ownership remains with Flowyak, and you are required to abide by the following licensing terms.

Rights

You have rights for royalty free use of our templates for any or all of your personal and commercial projects.

You may modify the template according to your requirements and use them royalty free in any or all of your personal and commercial projects. 

Flowyak will not be responsible for any outcome that may occur during the course of usage of our resources.

We reserve the rights to change prices and revise the usage policy in any moment.

Prohibitions

You do not have the rights to redistribute, resell, lease, license, sub-license or offer the template to any third party.

7. Disclaimer of certain liabilities and limitation

THE INFORMATION AVAILABLE ON THE WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. WE SHALL NOT BE LIABLE FOR THOSE INACCURACIES AND ERRORS.

WE MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE CONTENT CONTAINED ON AND SERVICES AVAILABLE ON THE WEBSITE. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED ON THE "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS CONTENT AND SERVICES, INCLUDING WARRANTIES AND PROVISIONS OF MERCHANTABILITY, FITNESS FOR A CERTAIN PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ENJOYMENT, DATA OR PROFITS, IN THE CONNECTION WITH THE ENJOYMENT OR EXECUTION OF THE WEBSITE IN THE CONTEXT OF THE INABILITY OR DELAY TO ENJOY THE WEBSITE OR ITS SERVICES, OR FOR ANY CONTENT OF THE WEBSITE, OR OTHERWISE ARISING OUT OF THE ENJOYMENT OF THE WEBSITE, BASED ON CONTRACT AND NON-CONTRACT LIABILITY OR OTHER REASON.

THIS RULE SHALL NOT AFFECT YOUR RIGHTS AS A CONSUMER. IF THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, WHETHER CONSEQUENTIAL OR INCIDENTAL, ARE PROHIBITED IN A PARTICULAR CASE/COUNTRY, THE EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its Services/Content and our Services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.

9. Termination and access restriction

We may terminate your access to the Website and its related Services or any part at any time, without notice, in case of your violation of the Terms or misappropriate behavior.

10. Miscellaneous

The governing law of the Terms shall be the substantive laws of the country where our company is set up, except the conflict of laws rules. You shall not use the Website in jurisdictions that do not give effect to all provisions of the Terms.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

No joint venture, partnership, employment, or agency relationship shall be implied between you and us as a result of the Terms or use of the Website.

Nothing in the Terms shall be a derogation of our right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Website.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and us.

The Terms constitute the entire agreement between you and us regarding the enjoyment of the Website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and us.

We and our affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of our control.

In case of controversies, demands, claims, disputes, or causes of action between us and you relating to the Website or other related issues, or the Terms, you and we agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where our company is set up.

11. Complaints

We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us via support@flowyak.com

We will reply to your complaint as soon as we can and in any event, within 30 days. According to the applicable law, in some cases, we may prolong the term.

We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you may contact your local authority.

12. Copyright Policy

If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Website or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:

Flowyak SRL

Address: viale Col di Lana, 7, 20136, Milano

support@flowyak.com

A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

  • A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
  • Specific identification of each copyrighted work claimed to have been infringed;
  • A description of where the material believed to be infringing is located on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

13. Contact Information

We welcome your comments or questions about the Terms, Privacy Policy, Services, Website. You may contact us in writing at:

Flowyak SRL

Address: viale Col di Lana, 7, 20136, Milano

support@flowyak.com