This text was automatically translated from the original Spanish version.
Welcome to Integra Digital, S.L. (hereinafter FLOWww) and we invite you to access our website so that you can start working with our software application that will make it easier to organize and manage your business, and will allow you to make the most valuable thing, your time, profitable.
WHAT ARE THE TERMS OF SERVICE?
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.
Contact telephone number: 55 (11) 39584455
E-mail address: firstname.lastname@example.org
If you are resident in any other country, the company providing the service is:
INTEGRA DIGITAL, S.L.
Address: Calle Cirilo Amoros, number 14, CP 46004 Valencia, Spain.
Contact telephone number:+34 962 963 727
E-mail address: email@example.com
WHAT IS THE FLOWww SERVICE?
The Spanish company INTEGRA DIGITAL S.L., within the framework of its business activity, has developed the computer application called FLOWww, which is the owner and holder of all the rights of authorship and exploitation, 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 salons, and with this tool you will be able to make your business and your time more and better profitable, enabling an instant control of your management.
WILL THESE TERMS OF SERVICE EVER CHANGE?
Changes to these Terms are almost certain to happen, 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 comply with legal requirements, the update to these Terms must be effective immediately. We will post changes on our website, and we may also notify you of changes by sending an email to the email 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 are free to decide whether to accept them or to stop using our service; if you continue to use the service after such an update has become effective, you will be deemed to agree to, and be bound by, the new Terms.
WHAT DO I HAVE TO DO TO USE FLOWww?
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 liable 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 unauthorised 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.
WHAT ARE THE DIFFERENCES BETWEEN THE OFFERED EDITIONS OF THE SERVICE?
On our website you will find all the editions for which you can register and a comparison of functionalities and services between them. You will also find a description of the limits between the paid editions according to your 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 to the conditions set out on our previous page. If you make use of the free trial period, please note that you may freely use the service in the trial period edition during this period, and before the end of the trial period, provided that 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 SUBSCRIPTION TO THE SERVICE?
You will receive an invoice from the service provider at your e-mail address, in good time, to be paid within 30 days. If you do not pay within 30 days, it will be understood that you are no longer interested in maintaining the service and your system will be temporarily suspended. Your data will be kept for three months after the suspension. During this period, you may reinstate the service by paying the invoice. If you do not pay within this courtesy period, your system will be permanently deactivated and all data will be deleted. However, INTEGRA DIGITAL, S.L., can keep a copy, with the data properly blocked, as long as responsibilities may arise from the execution of the service.
CAN I SHARE MY ACCOUNT WITH SOMEONE ELSE?
Accounts created within your FLOWwww system should not be shared with third parties. If you share account or user information with anyone, that person will have access to all of your information and will be able to take control of your account and we will not be able to determine who the correct account holder is. We will have no liability to you, or to anyone with whom you share your account and/or user information, whether third parties or your authorised personnel, as a result of your or their actions in these circumstances. Persons you authorise for your business needs with access to your account should be informed of the limitations on use and access to personal data. Ideally a personal, non-transferable user should be created for each person accessing your FLOWwww system.
ONCE I HAVE AN ACCOUNT, WHAT ARE MY RIGHTS IN THE CONTRACTED SERVICE?
The services to which you will have access are specified by edition in the Tariff section of our website. At any time you can access our customer service to answer any questions you may have about the use and rights of the subscribed version.
WHAT IS THE LICENCE/PERMISSION/AUTHORISATION I HAVE TO GRANT?
In order to enable the service provider to operate the service, we must obtain certain licences and other rights from you 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 and other applicable laws. This means that by using the service and uploading Content, you grant us a licence to display, perform and distribute your, and to modify (for technical purposes; for example, to ensure that it is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable the service provider to process your data.
You agree that these rights and licences are unrestricted, irrevocable and worldwide (for as long as your Content is stored with us), including the right of 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 where such access is deemed necessary in order to comply with its legal obligations.
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.
In FLOWww we are aware of the importance of protecting your personal data and we are committed to treat them responsibly in compliance with Spanish and European regulations on personal data protection, ensuring full compliance with the obligations provided, as well as the implementation of security measures provided in the General Data Protection Regulation (GDPR) (EU) 2016/679, and with the Organic Law 3/2018, of December 5, on data protection and digital rights (LOPDGDDD).
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 connection with a request for information, to contract our products, to provide support, we will collect the information necessary to fulfill your request, to grant you access to the product or service, to provide support and to contact you.
3. When you use FLOWwww services so that we can enable product features, improve your user experience, personalise our interactions with you, inform you about your general use of the services, provide support, and improve and develop our products and services.
We will only obtain the data necessary to perform the contracted service, or to be able to respond appropriately to the request for information made by the user.
We want to protect your personal data and preserve its accuracy, therefore 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 ensure the security of personal data and prevent its alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or from the physical or natural environment. Among other measures, we encrypt all personal information when it is transmitted 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 processing 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 can also object to direct marketing at any time. In addition, you have rights under the applicable processing legislation. 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 on grounds relating to your specific situation. Under the GDPR, you may also request us to erase or restrict the processing and portability of your personal data.
WHAT RIGHTS DOES THE SERVICE PROVIDER RESERVE?
INTELLECTUAL PROPERTY RIGHTS.
By agreeing to these Terms, You also agree that the rights in 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, or in any way attempt to extract the source code of any Software necessary 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 the storage available to you, the number of transmissions and e-mail messages, and the maximum number per version of customers, 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 any 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 service adversely affects You, You may notify the Customer Care team, explaining the adverse impact the modification has had and, if You wish, You may request cancellation of Your service. Please be assured that, upon receipt of such a request, we will do everything technically possible to promptly remedy the adverse impact caused by the modification.
RIGHT TO CONTRACT WITH THIRD PARTIES.
The service provider informs the customer, and the customer expressly accepts, that it will physically host the application on servers of the Internet Service Provider (ISP) with the corporate name "Arsys Internet, S.L." and "Amazon Web Services", dedicated exclusively and specifically for services provided to branches of the service provider. The supplying company and these companies have signed a server rental contract in which it is guaranteed that they will only be in charge of: housing their servers physically in their "data centre", keeping the servers in optimal conditions of connectivity, as well as temperature and humidity; guaranteeing the security, both physical and logical, of these equipments, thus avoiding the access by third parties not authorised in writing by INTEGRA DIGITAL, S.L.
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 intellectual property rights that we receive from third parties against customers using the application, trademark or other intellectual property laws that comply with the legal requirements and/or as set out in these Terms. Please note that each intellectual property owner is responsible for protecting their own rights and for taking any legal or other action they deem appropriate for their interests, the service provider assumes no obligation to take any particular action to enforce or protect the intellectual property rights of customers of the FLOWwww App, and reserves the right to suspend the service pending resolution of the dispute between the parties by the courts.
WHERE DOES MY INFORMATION GO?
Use of the FLOWww application is available worldwide by accessing the application, but information processing operations may be performed in a country other than the country of your residence. If you use the service you acknowledge that you may send electronic communications (including your personal account information and account information), over the computer networks owned by the company providing the service. 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 which are not contrary to the laws of your country of residence.
HOW DO I CLOSE MY ACCOUNT?
You may close your account with our service at any time. A notice of 10 days before the end of the contracted term will suffice in order for your invoice not to be issued. However, if you wish to deactivate your account, you need to follow certain specific steps that are described in the article entitled "How can I deactivate my account and delete its content?"
The service provider may suspend access to your account, or close your account, with or without notice in accordance with these Terms. Reasons for which your account may be suspended or terminated include, without limitation: (i) a breach or violation of these Terms; (ii) for the free version, an extended period of inactivity (determined at the sole discretion of the company providing the service); (iii) non-payment of 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 to the email address you have provided to us, and we will retain your data for a period of three months from your termination or unsubscription so that you have the opportunity to retrieve any Content stored on the service's 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 contained in that account or use the Service through that account.
CAN YOU RECEIVE ADVERTISING?
The service provider is authorised to display advertisements and promotions in connection with the service or its business, some of which may be paid for by third parties. We also provide in-app advertisements, and you expressly authorise us to forward them to your email address for your 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 we work with or may work with 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 liable for any loss or damage of any kind incurred by you as a result of any such advertising or other messaging. Further, your interactions with advertisers found on or through the service, including, without limitation, all reliance on advertising, all business dealings and legal obligations associated therewith, are solely between you and such advertisers.
DOES THE SERVICE PROVIDER RESPOND TO CLAIMS AGAINST CUSTOMER USERS OF FLOWwww?
No. You as a user of the software application agree to indemnify and hold harmless the service provider, its associated companies, subsidiaries, affiliates, agents, employees, advertisers and partners, from and against any and all claims, liabilities, damages (actual or consequential), losses and expenses (including legal and professional fees) arising out of or in any way connected with third party claims in connection with the services you provide to your customers.
IS THE SERVICE PROVIDER ALWAYS LIABLE FOR CLAIMS FROM SERVICE USERS?
No. To the maximum extent permitted by law, the service is Available "As Is". You expressly acknowledge and agree that:
(a) your 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 service provider shall not be liable for your use of the service, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose.
(b) The Service Provider does not warrant that (i) the Service will meet all of your 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, oral or written, obtained by you from the service provider or through customer service shall create any warranty other than as expressly set forth in these terms and conditions of service.
You expressly acknowledge and agree that: the service 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, loss of goodwill, use, data, or other intangible or consequential losses (even if the service 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 conducted through or from the service;
(III) unauthorised 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 in connection with the operation of the service;
(V) the actions or omissions of the service provider in reliance on the account information, and any changes thereto or notices 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 using, integrating with the service or offering products;
(VIII) any and advertising or purchase or use of any advertised products or services or other third party products or services;
(IX) termination of your account in accordance with the terms of service;
(X) the loss of your data as a result of your voluntary or forced unsubscription from the Service; or (Xi) any other matter related to the Service.
Exclusions and Limitations.
Nothing in these terms of service (including the limitation of liability provisions) is intended to exclude or limit any condition, warranty, right or liability which cannot be lawfully 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 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 SERVICE PROVIDER HAS TO SEND ME A NOTICE ABOUT SOMETHING, HOW WILL THEY DO IT?
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 authorise us to provide you with notices by email.
HOW DO I SEND A NOTICE TO THE SERVICE PROVIDER?
Except where these Terms specifically indicate the use of a different means or address for communication, any notice to the service provider must be delivered by email to:
- If your country of residence is Brazil: firstname.lastname@example.org
- If your country of residence is any other country: email@example.com
This email address may be updated as part of any updates to these Terms of Service. If you are unable to provide notice by email, you may send notice to us at the following address:
If your country of residence is Brazil: FLOWww Brasil Tecnologia da Informação Ltda. Domicilio at 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 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.
Acuerdo de Mediación.
Usted acepta expresamente que cuantas controversias puedan surgir como consecuencia de la contratación de nuestros servicios, se comprometen a intentar resolverlo amistosamente de acuerdo con la buena fe, y si ello no fuera posible, las partes se someterán a mediación con carácter previo a iniciar un procedimiento judicial. Las partes elegirán de común acuerdo los mediadores o la institución de mediación. En caso de falta de acuerdo, la mediación será administrada por el Centro de Mediación del Ilustre Colegio de Abogados de Valencia (CMICAV), con sujeción a las normas del CMICAV que resulten vigentes a la fecha de presentación de la solicitud de mediación.
Las Reclamaciones Prescriben.
Usted acepta que, independientemente de cualquier estatuto o ley contraria o del proceso de resolución de controversias aplicable, cualquier reclamación o causa de acción que surja o esté relacionada con el uso del servicio o que de otro modo debe presentarse dentro de un (1) año después de que dicha reclamación o causa de acción surja o por la presente acuerda que dicha reclamación prescribe para siempre.
Las disposiciones de la presente sección, titulada "Las Reclamaciones Prescriben" constituyen un contrato legalmente vinculante por escrito e independiente suscrito entre Usted y nosotros.
- Si Usted es residente en Brasil, la empresa suministradora del servicio es:
FLOWww Brasil Tecnologia da Informação Ltda.
Domicilio en Av. Ibirapuera, 2120 - Conj. 134 CEP 04.028-001 -Indianópolis. São Paulo, Brasil.
Teléfono de contacto: 55 (11) 39584455
Dirección de correo electrónico: firstname.lastname@example.org
- Si Usted es residente en cualquier otro país, la empresa suministradora del servicio es:
INTEGRA DIGITAL, S.L.
Domicilio en Calle Cirilo Amorós, número 14, CP 46004, Valencia, España.
Teléfono de contacto: 902999825
Dirección de correo electrónico: email@example.com
WHAT LAW APPLIES TO MY USE OF FLOWww?
For any litigious matter or that concerns these general conditions of contract hosted on the web, will apply Spanish law, and failing that, the European legislation that is applicable to the matter in question. In any case, in the event of conflict, the parties must first attempt to resolve the matter by mutual agreement, and if this is not possible, submitting themselves to the Courts and Tribunals of Valencia (Spain), renouncing any other forum that may be competent due to the subject matter or amount involved.
If a court of competent jurisdiction finds any provision of these Terms of Service to be invalid, the parties nevertheless agree that the court should endeavour 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?
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 Complaint.
If you believe that we have not resolved your complaint and that you should take legal action, you agree that your complaint must be resolved through the processes set out in these Terms. The Service Provider is providing the Service to You on the condition that You agree to the dispute resolution provisions described below. Therefore, if you bring any litigation against the Service Provider in any other way, you will be in breach 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 our reasonable costs incurred in defending any such litigation which was improperly brought. You agree that, prior to commencing any formal proceedings against the Service Provider you will send a notice to our department firstname.lastname@example.org for consideration by our lawyers, and indicate that you are submitting a "Notice of Claim" and your grounds of 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 was 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 forth 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 Valencia (Spain) Court or Tribunal (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.
a) This agreement contains the entire agreement between the parties on the same subject matter and supersedes and replaces any previous agreement, verbal or written, reached between the parties.
b) Furthermore, in the event of any inconsistency between the terms of this agreement and any previous agreement between the parties, the terms of this agreement shall prevail.
c) Nothing in this agreement implies identity of 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 contents of this agreement shall be effective only 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 hereof and, in all matters not expressly regulated herein, by the rules of the current commercial code and other commercial and civil legislation of Spanish law.
The parties submit, for any disputes that may arise in relation to the same, to the jurisdiction of the Courts and Tribunals of the city indicated ut infra, renouncing any other jurisdiction that may correspond to them.
Remember that it is important that you keep your details up to date for correct communication and service provision.
These Terms constitute the entire agreement between you and the service provider and govern your use of the service. These Terms supersede any prior agreements or previous editions of these Terms for use of the Service.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.