We welcome you to Integra Digital SL (from now on FLOWww) and invite you to access our website so you can start working with our Computer Application that will make it easier for you to organize and manage your business, and will allow you to make the most valuable thing profitable, your time.
If you have reached this section is because you are interested in being a user of our computer application FLOWww, in any of the options that we propose. Its use is subject to your acceptance of these Terms of Service.
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 executed in three languages: Spanish, Portuguese or English. The Terms include the provisions set out in this document and in the Privacy Policy, and other terms or conditions that we may submit to you from time to time in relation to specific service offerings. If you do not accept these Terms, you will not be entitled to access or use our service. If you register with FLOWww, you will be deemed to have accepted the Terms and agreed to be a party to this binding contract.
By using the service offered by our application called FLOWww in any of its modalities, you acknowledge, accept and agree to all provisions of the privacy policy, including, with the legal limitations of your country of residence, the use and processing of your Account Information in accordance with our Privacy Policy.
If you are a resident of Brazil, the company providing the service is:
FLOWww Brasil Tecnologia da Informação Ltda.
Address: Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis. São Paulo, Brazil.
CNPJ 19.876.605/0001-79
Contact phone number: 55 (11) 39584455
Email address: suporte@flowww.com.br
If you are resident in any other country, the company providing the service is
INTEGRA DIGITAL, S.L.
Address: Calle Isaac Albéniz, 34, CP:46780, Oliva, Valencia, Spain
VAT NUMBER B97243299
Contact phone number:+34 962 963 727
E-mail address: soporte@flowww.es
WHAT IS FLOWww SERVICE?
The Spanish company INTEGRA DIGITAL S.L, 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 authorship and exploitation rights, which has been created and developed by our own staff. The computer application that we offer you can be used for the management of beauty centres, and with this tool you will be able to make more and better use of your business and your time, enabling you to have instant control of your management.
WILL THESE TERMS OF SERVICE EVER CHANGE?
It is almost certain that changes will occur in these Terms, due to changes in our service and in the laws that apply to us and to 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 meet legal requirements, the update to these Terms should be effective immediately. We will post the changes on our website, and we may also notify you of changes by sending an email to the address you have provided to us in your registration process.
When we make a change, we will try to explain the reasons for the change so that you can freely decide whether to accept it or to stop using our service; if you continue to use the service after the update has become effective, you will be deemed to have agreed to, and are bound by, the new Terms.
WHAT DO I HAVE TO DO TO USE FLOWww
Sign up: You need to create an account in the service through this same page. You create an account by providing us with your personal and business information, as well as a valid email address, and by creating a password. We refer to this as "Your Account Information", in your registration process you will indicate the modality in which you decide to register.
You are responsible for maintaining the accuracy, integrity and confidentiality of your account information, and are responsible for all activities that occur under your account, including activities of others to whom you have provided your account information. We will not be responsible for any loss or damage arising from 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 should immediately change your password and notify our Customer Service team.
Accepting the terms of service: By checking in your registration that you have read and accept the terms of service, you are acquiring the right to use it in the chosen mode, with the conditions set out here and accepted by you.
WHAT ARE THE DIFFERENCES BETWEEN THE OFFERED EDITIONS OF THE SERVICE?
On our website you have all the editions in which you can register, and the comparison of functionalities and services between them. We also describe the limits between the paid editions in terms of the number of customers and/or establishments. This way you 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 make use of the free trial period, please note that you can freely use the service in the edition for which you registered during this period, and even change editions during your trial period and before the end of it, as long as you do not exceed the limits set 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 service provider at your email address in time to be paid within 30 days. If you do not pay it within 30 days, it is no longer in your interest to maintain the service and your system will be temporarily suspended. Your data will be kept for three months after the suspension. During this period, you will be able to restore the service by paying the bill. If you do not make payment within this courtesy period your system will be permanently terminated and all data will be deleted.
CAN I SHARE MY ACCOUNT WITH SOMEONE ELSE?
Accounts created within your FLOWww system should not be shared with third parties. If you share account or user information with someone else, that person will have access to all of your information and can take control of your account and we will not be able to determine who the correct owner is. We will have no liability to you, or to whom you share your account and/or user information, whether third party or personal by you authorized, as a result of your or their actions in these circumstances. The persons 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 person accessing 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 terms of use, you will have the right to access the FLOWww computer application for your business, and the customer service in proportion to the edition chosen according to your needs.
The services you will have access to are specified per edition in the Rates section of our website. At any time you can access our customer service to resolve any questions about the use and rights of the subscribed version.
You retain ownership and other rights you already have with respect to the Content of your account before you submit, post or display data on or through the service, but you must grant the service provider a limited license, as described below, to enable us to make your data processed, accessible and usable on the service. In addition to this limited license and other rights granted by you in these Terms of Service, the Service Provider acknowledges and agrees that it obtains no right, title or interest in your Content under these Terms, and agrees to delete it within three months of suspension or termination of your account.
WHAT IS THE LICENSE/PERMISSION/AUTHORIZATION I HAVE TO GIVE?
In order to allow the service provider to operate the service, we must obtain from you certain licenses and other rights to the Content you submit so that our processing, maintenance, storage, technical reproduction, support and distribution, and all related handling of your Content does not infringe copyright or other applicable laws. This means that by using the service and uploading Content, you grant us a license to display, present and distribute your, and to modify (for technical purposes; for example, to ensure that it is visible on smart phones as well as on computers and other devices) and reproduce such Content to enable the service provider to process your data.
You agree that these rights and licenses are without limitation, irrevocable and worldwide (for as long as your Content is stored with us), including the right for the Service Provider to make such Content available, and to transfer such Content to others with whom it has contractual relationships in connection with the provision of the Service, solely for the purpose of providing such services, and to permit access to or disclosure of your Content to third parties if such access is deemed necessary in order for them to comply with their legal obligations.
Because we rely on your rights to store and process your Content, you represent and warrant that you have unrestricted legal rights and authority to submit your Content to the service provider, to grant the rights set forth in these Terms, and to make any publications or distributions of such Content during your use of the service. You further represent that you are not violating the rights of another person or third party by submitting Content to the service provider and granting us the rights set forth in these Terms.
Finally, you understand and agree that the service provider, in performing the technical steps required to provide the service to our users, may make changes to your Content, as necessary to process, conform and adapt that Content to the technical requirements for connecting networks, devices, services or media.
We want to protect your personal data and preserve its accuracy, so FLOWww implements physical, administrative and technical security measures to protect your personal data from access and use. We have adopted the necessary technical and organisational measures to guarantee the security of personal data and to avoid its alteration, loss, treatment or unauthorised access, taking into account the state of the technology, the nature of the data stored and the risks to which it is exposed, whether they are the result of human action or the physical or natural environment. Among other measures, we encrypt all personal information when we transmit it over the Internet. We also require all our suppliers to protect such information from access and use.
However, you should be aware that security measures on the Internet are not impregnable.
Similarly, personal data will not be retained for longer than is necessary for the purposes for which it is processed, including the security of our processing in compliance with legal and regulatory obligations, the handling of disputes and for the establishment, exercise or defence of legal claims in the countries in which we operate.
You may ask us to access, update or correct your personal information. You may also object to direct marketing at any time. In addition, you have rights under the applicable laws on processing. If the processing of your personal information is subject to the General Data Protection Regulation ("GDPR") of the European Union, and your personal data is processed on the basis of legitimate interests, you have the right to object to the processing for reasons related to your specific situation. Under the GPRS, you may also request us to delete or restrict the use and transfer of your personal data.
This privacy policy will be supplemented by our Privacy Policy, which provides further information in the online context, including recruitment. If you wish, we can provide you with additional information about the collection or use of personal data on our website or with a specific product or service purchased.
WHAT RIGHTS DOES THE SERVICE PROVIDER 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, brands, 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 from, or in any way attempt to extract the source code of any Software required for the provision of the service.
RIGHT TO MODIFY THE SERVICE.
The service provider reserves the right, at our sole discretion, to implement new elements as part of or in addition to the service and any necessary software, including changes that may affect the way the service operates. The modifications will be to improve the service, but you may not agree with us. We also reserve the right to set limits on the nature or size of storage available to you, the number of transmissions and emails, as well as the maximum number set by version of clients, booths, users and sites. You may also impose other limitations at any time, with or without notice. For example, limitations on use are determined by the edition in which you have registered.
You also acknowledge that for various reasons the service provider may temporarily impair or prevent you from accessing the service at certain times and/or in the same manner, for limited periods or permanently, and you agree that the service provider has no responsibility or liability as a result of such actions or results. You agree that we shall not be liable to you or to any third party for any modification, suspension or temporary interruption of the service. However, if You find that any modification or interruption of the service adversely affects You, You may notify the Customer Service team, explaining the adverse impact the modification has had and, if You wish, You may request the cancellation of Your service. Please be assured that, upon receipt of such a request, we will make every technical effort to remedy the adverse impact caused by the modification without delay.
RIGHT TO CONTRACT THIRD PARTIES.
The service provider may subcontract 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 agree to such third party participation by means of this Agreement.
HOW DOES THE SERVICE PROVIDER RESPOND TO VIOLATIONS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS?
We respond to clear and complete requests regarding alleged infringements of industrial property rights that we receive from third party customers who are users of the application, trademark or other intellectual property laws that meet the legal requirements and/or those set forth in these Terms. Please note that each intellectual property owner is responsible for protecting their own rights and taking any legal or other action they deem appropriate to their interests, the service provider assumes no obligation to take any particular action to enforce or protect the intellectual property rights of clients of the FLOWww application, and reserves the right to suspend the service until the resolution of the dispute between the parties by the courts.
WHERE DOES MY INFORMATION GO?
The use of the FLOWww application is available worldwide through access to the application, but information processing operations may be performed in a country other than 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 service provider. Therefore, your use of the service may result in the international transmission of information and will therefore constitute your consent to allow such transmissions, and that they are not contrary to the laws of your country of residence.
HOW DO I CLOSE MY ACCOUNT?
You can close your account with our service at any time. A notice of 10 days before the end of the contract period will be sufficient to prevent your bill from being issued. However, if you wish to deactivate your account, you need to follow certain specific steps described in the article entitled "How can I deactivate my account and remove its contents?
The service provider may suspend access to your account, or close your account, with or without notice to you in accordance with these Terms. Reasons for which your account may be suspended or closed include, but are not limited to (i) a breach or violation of these Terms; (ii) in the free version, an extended period of inactivity (determined at Service Provider's sole discretion); (iii) non-payment of a subscription; or (iv) unexpected technical or security issues.
In most cases, if we choose to close your account, we will give you 30 days notice at the email address you have provided to us, and we will store your data for three months from your termination or cancellation so that you have the opportunity to retrieve any Content stored on the service servers (unless we determine that we are legally prohibited from granting permission for you to do so). After the expiration of the applicable notice, You will not be able to retrieve the Content included in that account or use the service through that account.
CAN YOU GET PUBLICITY?
The service provider is authorized to display advertisements and promotions in connection with the service or your business, some of which may be paid for by third parties. We also provide advertisements on the application, and you authorize us to forward them to your e-mail address for your better information. These messages may promote the service provider's other products and services, events, demonstrate various uses of our service, and promote certain third-party applications and services with which we work or may work in the future, as well as promotions related to your business.
Since some advertising or other content and messaging we offer is based on information provided by third parties, we will not be responsible for any loss or damage of any kind incurred by you as a result of any such advertising or other messages. In addition, Your interactions with advertisers found on or through the Service, including without limitation any reliance on advertising, all business transactions and legal obligations associated therewith, are solely between You and such advertisers.
DOES THE COMPANY PROVIDING THE CLAIMS SERVICE REPRESENT AGAINST FLOWww CUSTOMERS?
No. You as a user of the software agree to indemnify and hold harmless the service provider, associated companies, their subsidiaries, affiliates, agents, employees, advertisers and partners, from and against any and all claims, liability, damages (actual and consequential), losses and expenses (including legal and professional fees) arising out of or in any way connected with claims of third parties in connection with the services You provide to their customers.
IS THE SERVICE PROVIDER ALWAYS LIABLE FOR CLAIMS BY SERVICE USERS?
No. To the maximum extent permitted by law, the service is available "As Is". You expressly acknowledge and agree that:
(a) use of the service is at your own risk. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the company providing the service is not liable for the customer's use of the service, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose.
(b) Service provider does not warrant that (i) the service will meet all of its requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; or (iii) all errors in the software or the service will be corrected.
(c) any service provided by the service provider is provided at your own risk and you will be solely responsible for any damage to your computer or other device or loss of data that results from your access to and use of such material.
(d) no advice or information, whether oral or written, obtained by you from the service provider or through customer service, shall create any warranty not expressly stated in these terms and conditions of service.
You expressly acknowledge and agree that: Provider, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, information, or other intangible or covered losses (even if Provider has been advised of the possibility of such damages) resulting from: (i) the use or inability to use the service, (ii) the cost of procurement of goods and services resulting from any goods, products, data, information or services purchased or obtained, or messages received or transactions made through or from the service; (iii) unauthorized access to, or loss, interference with, or alteration of your transmissions, and or data; (iv) statements or conduct of any third party on or using the service or providing services related to the operation of the service; (v) the acts or omissions of the company providing the Service by virtue of the reliance placed on the Account information, as well as any changes thereto or notices received in that regard; (vi) your failure to protect the confidentiality of passwords or rights to access Account information; (vii) the acts or omissions of third parties using, integrating with the Service or providing products; (viii) any and all advertising or the purchase or use of any advertised product or service or other products or services of third parties;
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 intentional acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations of liability and other limitations that are lawful in your jurisdiction (if any) will apply to you and our liability will be limited to the maximum extent permitted by law.
IF THE COMPANY PROVIDING THE SERVICE HAS TO SEND ME A NOTICE 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. We may provide you with notices by email.
HOW DO I SEND A NOTICE TO THE SERVICE PROVIDER?
Except where these Terms specifically provide for the use of a different means or address of communication, any notice to the service provider 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 email notice, you may send a notice to us at the following address:
If your country of residence is Brazil: FLOWww Brasil Tecnologia da Informação Ltda. Address in 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 WHERE I'M NOT ALLOWED TO USE FLOWww?
You may not use the service or any Software except as permitted by the laws of the European Union and the laws of the jurisdiction from which you access the service, or in which any of our Software is used.
WHAT LAW APPLIES TO MY USE OF FLOWww?
For any litigious matter or that concerns the present general conditions of contracting hosted in the web, the Spanish legislation will be applicable, and in its absence, the European legislation that is applicable to the matter in question. In any case, it will be obligatory that in case of conflict the parts try previously to solve the question of mutual agreement, and if it is not possible, submitting itself in its case to the Courts and Courts of Valencia (Spain), resigning to any other forum that could be competent by reason of the matter or amount.
If a court of competent jurisdiction finds that any provision of these Terms of Service is invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this contract remain in full force and effect.
WHAT DO I DO IF I HAVE A CLAIM AGAINST THE SERVICE PROVIDER?
Please let us know about your claim.
We want to know if you have any problems so we invite you to contact us if you have any questions regarding the operation of the service, as we want to ensure that you have an excellent experience.
Initiating a Formal Claim.
If you believe that we have not resolved your Claim and that you should take legal action, you agree that your Claim should be resolved through the processes set out in these Terms. The service provider provides the service to you on the condition that you accept the dispute resolution clauses described below. Therefore, if you initiate any litigation against the Service Provider in any other way, you will be in violation of these Terms and you agree that the Service Provider shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse us for reasonable costs incurred by you in defending such litigation which was improperly initiated. You agree that, prior to commencing any formal proceedings against the Service Provider, you will send a notice to our department complaints@flowww.net for consideration by our lawyers, and indicate that you are submitting a "Notice of Claim" and your grounds for claim. Upon receipt of a Notice of Claim, both parties will attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings in accordance with these Terms.
Except where the dispute is being resolved by arbitration (as set out below) You agree that any claim or dispute you may have against the Service Provider shall be resolved exclusively by a court or tribunal in Valencia, Spain. You agree to submit to the exclusive personal jurisdiction of the courts located in the Court 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.
Arbitration Agreement.
You expressly agree that any disputes that may arise shall be tried amicably in good faith, and if that is not possible, you waive your right to exercise your right to ordinary jurisdiction and submit to arbitration at the law of the Court of Arbitration of the Bar Association of Valencia (Spain). The procedure shall be that established in the Regulations of that Corporation, and in case of doubt, the arbitrators shall agree. Likewise, the parties undertake to comply with both the interlocutory resolutions and the final award.
The Claims Prescribe.
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 out of or related to use of the Service or otherwise must be filed within one (1) year after such claim or cause of action arose or you hereby agree that such claim is forever barred.
The provisions of this section, entitled "Claims are time-barred," constitute a legally binding, separate written contract between you and us.
- If you are a resident of Brazil, the company providing the service is:
FLOWww Brasil Tecnologia da Informação Ltda.
Address: Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis. São Paulo, Brazil.
CNPJ 19.876.605/0001-79
Contact phone number: 55 (11) 39584455
Email address: suporte@flowww.com.br
- If you are resident in any other country, the company providing the service is
INTEGRA DIGITAL, S.L.
Address: Calle Isaac Albéniz, 34, CP: 46780, Oliva, Valencia, Spain
VAT NUMBER B97243299
Contact phone number: 902999825
E-mail address: soporte@flowww.es
General.
a) This contract contains the entire agreement between the parties on the same subject matter and supersedes and replaces any previous agreement, whether oral or written, reached by the parties.
b) Likewise, in case of contradiction between the conditions stipulated in this agreement and any other signed previously between both parties, the provisions of this agreement will 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 contrary to the foregoing.
d) Any modification of the content of this agreement will only be effective if made in writing and with the consent of both parties.
e) The failure of 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.
Law and Jurisdiction.
This agreement is governed by the provisions of this agreement and, to the extent not expressly regulated, by the rules of the current Commercial Code and other commercial and civil legislation of Spanish law.
The parties submit themselves, for the controversies that could arise in relation to the same one, to the jurisdiction of the Courts and Courts of the city indicated ut infra, with resignation to any other jurisdiction that corresponds to them.
ANYTHING ELSE?
Remember that it is important to keep your data updated for proper communication and service delivery.
These Terms constitute the entire agreement between you and the service provider and govern the use of this service. These Terms supersede any prior agreement or previous editions of these Terms for the use of the service.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
* Translated with https://www.deepl.com/