Terms Of Use for Flowby AB

Thank you for choosing Flowby AB (559262-5866) as a service provider to your business (referred to as "You").

These terms of use contain the terms under which Flowby provides its service and how you gain access to and can use the service.

Flowby provides a digital service and queue management system. The service includes, but is not limited to, generation of digital queue tickets and an administrative interface in which the queue can be handled by You.

You agree to these terms by signing the agreement or by using the service.

If You are to use the Service on behalf of an organization, You agree to these terms on behalf of that organization and confirm that You are authorized to do so. In that case, "You" refers to that organization.

You specify the organization's information in the signup flow via our website or by emailing us. By using the Service, you agree to becoming a customer of Flowby, which could mean that we list your company under “our customers” on our website, Linkedin and the like, unless otherwise agreed upon.

1. Fees and payments

1. Fees for services.
   You agree to pay Flowby's fee for the service you use, according to the prices and payment terms presented for the service. Unless agreed elsewhere (i.e. in written email), our prices are displayed on our website. You will be charged via the selected payment method, for example via invoice. Fees paid are non-refundable, except as provided in these Terms or as required by law.
   The fee is fixed and charged per year. An additional variable cost may apply for the SMS your customers initiate which exceeds a certain amount and is invoiced separately the following month. You are informed about the SMS fees and amounts, if applicable.

2. Subscription.
   Flowby's service is billed on a subscription basis. You are invoiced in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are normally years, depending on which subscription plan you choose when you sign up for a subscription. The subscription is automatically renewed at the end of each billing cycle unless you disable automatic renewal by contacting Flowby. If you do, the subscription continues until the end of the billing cycle and then ends.

3. Taxes.
   Indicated prices are not including VAT.

4. Price changes.
   Flowby may change the fees charged for the Service at any time, but for Service charged by subscription, the change will not take effect until the end of the then-current subscription billing cycle. Flowby will notify in good time in advance of any changes to the fees.

2. Information management and security

1. Confidential Information.
   Flowby treats your content as confidential information and it is used and disclosed only in accordance with these terms (including Flowby's privacy policy). However, your content does not constitute confidential information if the content in question: (a) is generally known or published; (b) was lawfully known to Flowby before it was obtained from you; (c) is obtained by Flowby from a third party without knowledge of the breach of an obligation owed to you; or (d) has been developed by Flowby independently and without reference to your Content. Flowby may disclose your content when required to do so by law or legal process, but only after Flowby, if permitted by law, has used commercially reasonable methods to notify you in order to give you the opportunity to contest the obligation to disclose the information.

2. Security.
   Flowby stores and processes content in a manner consistent with industry security standards. Flowby has implemented appropriate technical, organizational and administrative systems, policies and procedures to promote the security, integrity and confidentiality of your content and to reduce the risk of unauthorized access to or use of content.

3. Flowby IP

1. Flowby IP.
   Neither these Terms nor use of the Services confer ownership rights to the Service or the Content that You access through the Service (other than Your Content). By using the Service, you agree to not re-sell any texts, images, design, code or data elements made available to you via the Service as is owned by Flowby.
   If you send us feedback or suggestions regarding our service, we may use and share them for any purpose without compensation or obligation.

4. Account management

1. Protect passwords.
   If Flowby has issued an account in connection with use of the Service, you are responsible for protecting passwords and other information used to access that account. If you become aware of unauthorized account access, you must notify Flowby immediately.

2. Keep information up to date.
   Flowby sometimes sends messages to the email address registered with the account. You must keep the email address and, where applicable, the contact information and payment information associated with the account up to date.

3. Inactive account.
   Flowby can terminate the account and remove any content on the account if payment is not made after 3 months. However, we will warn you by e-mail before we cancel the account, so that you have the opportunity to pay so that it remains active.

4. Customer service.
   You may contact our customer service at any time and we will try to answer and help you as soon as possible. However, we make no guarantee in this regard. Read more about this in the Disclaimer section.
   Contact information: hello@flowby.io

5. User requirements

1. Legal person.
   By using the Services, you confirm that you represent a validly formed organization existing under the laws of the Jurisdiction, that you have full authority and permission to enter into an agreement with these Terms and that you have duly authorized representatives to be bound by these Terms.

6. Suspension and Termination of Services

1. By you.
   You can cancel your subscription and delete your account at any time by contacting Flowby. Such termination and deletion will result in the account being disabled or closed and you will no longer be able to access the account, and the content collected through use of the Service will be deleted. The cancellation is confirmed immediately and you will not be charged again for the subscription unless you purchase a new subscription. If You cancel a Subscription in the middle of a billing cycle, You will not receive a refund, unless You cancel for any of the following reasons: (a) we have committed a material breach of these Terms and have failed to cure the breach within 30 days of You having notified us in writing; or (b) a refund is required by law; or (c) Flowby decides in its sole discretion that a refund is appropriate. Flowby clarifies that we will not provide a refund in cases where you have used our service, unless the termination is due to our material, to unresolved infringement or if a refund is required by law.

2. By Flowby.
   Flowby may terminate the subscription at the end of a billing cycle by giving at least 30 days prior written notice. Flowby may terminate subscription for any reason by giving at least 90 days prior written notice and will provide a pro rata refund for the unused portion of the time in the billing cycle. Flowby may suspend performance of its obligations or terminate subscription for any of the following reasons: (a) You have committed a material breach of these Terms and failed to remedy the breach within 30 days of Flowby notifying you in writing; (b) You fail to pay the fees for 30 days after the due date. In addition, Flowby may limit, suspend, or terminate the Services You subscribe to: (i) if You do not comply with the provisions of these Terms, or (ii) if We are investigating suspected misconduct on Your part. If we limit, suspend or terminate the Services, we will try to provide advance notice. However, there may be time-sensitive situations when Flowby may decide that we need to take immediate action without notice. Flowby has no obligation to preserve content after the termination of the service in question.

7. Changes and Updates

1. Changes to Terms.
   Flowby may change these terms at any time for various reasons, for example to reflect changes in applicable law or updates to services, as well as to adapt to new services or new features. The latest version will always be available on the Flowby website (https://flowby.io). If Flowby considers an addition to be essential, Flowby will notify you via email. Changes come into effect at the earliest on the day they are posted publicly. If You do not wish to agree to any changes to the Terms regarding a Service, You should cease using that Service, as continued use of the Service indicates agreement to be bound by the updated Terms.

2. Changes to Service.
   Flowby changes and improves the service continuously. Flowby may add, change or remove features from a Service at any time without prior notice. Flowby may also limit, suspend or terminate a service at its sole discretion. If Flowby terminates a service, we will provide advance notice within a reasonable time.

8. Disclaimer and Limitation of Liability

1. Disclaimer.
   While it's in Flowby's best interest to provide the best possible experience (and we really try to make our customers happy), there are some things we don't promise. We try to keep our online services operational, but they may be unavailable in exceptional circumstances. Except as expressly provided in these Terms and to the extent permitted by law, the Services are provided as is and Flowby makes no warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and absence of infringement of third party rights, or any representations regarding the availability, reliability or accuracy of the Services.

2. Exclusion from certain liability.
   To the extent permitted by applicable law, Flowby, its employees, agents, suppliers and licensors will not be liable for (a) any indirect, consequential, special, incidental or punitive damages, or (b) loss of usability or data, loss of business, revenue or profits (in each case whether directly or indirectly), arising out of or in connection with the Service and its Terms, and whether based on contract, tort, strict liability or any other legal theory, even if Flowby has been advised of the possibility of such damages and even if the essential purpose of the remedy fails.

3. Limitation of Liability.
   To the extent permitted by applicable law, the aggregate liability of Flowby, its employees, agents, suppliers and licensors arising out of or in connection with the Service and its Terms shall not exceed the lesser of the amounts paid to Flowby for use of the Service within a period of 12 months before the event giving rise to the liability.

4. Compensation obligation.
   If You conduct business, You shall indemnify Flowby and its subsidiaries, officers, agents and employees from all liabilities, claims and costs (including settlement costs and reasonable attorneys' fees) (“Indemnities”) arising out of third party claims relating to You or Your End Users' use of the Service or breach of these Terms, to the extent these obligations, claims and costs are caused by you or your end users.

9. Other conditions

1. Transfer.
   These Terms may not be assigned without Flowby's written consent, and Flowby may in its sole discretion refuse to permit an assignment. Flowby may assign these Terms at any time without notice to you.

2. The entire agreement.
   These Terms constitute the entire agreement between you and Flowby, and supersede all prior or contemporaneous written and oral agreements and terms relating to the subject matter.

3. Independent suppliers.
   The relationship between you and Flowby is as independent suppliers, and not as legal partners, employees or agents for each other.

4. Invalidity of individual contractual provisions.
   If any part of these terms and conditions is deemed unenforceable by a court of competent jurisdiction, that part shall be deemed severable from the rest of the terms and conditions, which shall remain in full force and effect.

5. Third party as beneficiary.
   There are no third party beneficiaries to these Terms.

Flowby AB
Bältgatan 6
114 59 Stockholm
Sweden
Organizational number: 559262-5866
Contact person: Susanne Tedsjö
Phone: +46 8519 424 09
hello@flowby.io
https://flowby.io