End User Licence Agreement (“Agreement”)

Please read this end-user licence agreement carefully before clicking the ‘I agree’ button or using OMVIN.

Interpretation and definitions

Interpretation

Words beginning with a capital letter have the meanings set out in the following provisions. The following definitions have the same meaning whether they appear in the singular or the plural.

Definitions

For the purposes of this End User Licence Agreement:

• Agreement means this End User Licence Agreement, which constitutes the entire agreement between you and the Company regarding use of the Application.
• Application means the software provided by the Company under the name OMVIN, which is used as a Progressive Web App via a web browser and may optionally be installed on an electronic device.
• Company (referred to in this Agreement as “the Company”, “we”, “us” or “our”) means flow office GmbH, Beethovenstraße 8, 67098 Bad Dürkheim.
• Content refers to content such as text, images or other information that you may post, upload, link to or otherwise make available, regardless of the form of that content.
• State refers to: Rhineland-Palatinate, Germany
• Device means any device that can access the application, such as a computer, mobile phone or digital tablet.
• Third-party services means any services or content (including data, information, applications and other products or services) provided by a third party and which may be displayed, incorporated or made available by the application.
• You means the individual accessing or using the Application, or the company or other legal entity on whose behalf such individual is accessing or using the Application, as applicable.

Recognition

By clicking the “I agree” button or using the application, you agree to the terms of this agreement. If you do not agree to the terms of this agreement, do not click the “I agree” button or use the application.

This agreement is a legal document between you and the Company and governs your use of the application provided to you by the Company.

The application is licensed to you by the Company, not sold, and may be used strictly in accordance with the terms of this Agreement.

Licence

Scope of the licence

The Company grants you a revocable, non-exclusive, non-transferable and limited licence to access and use the Application, strictly in accordance with the terms of this Agreement.

The licence granted to you by the Company covers use of the Application for your own business, professional or private purposes, strictly in accordance with the terms of this Agreement. It does not cover making the Application available to third parties or exploiting it for the benefit of third parties; the licence restrictions set out below remain unaffected.

Licence restrictions

You undertake not to do the following or permit third parties to do so:

• To license, sell, rent, lease, assign, distribute, transfer, host, outsource, disclose or otherwise commercially exploit the application, or make it available to third parties.
• Copy or use the application for purposes other than those permitted above under “Licence”.
• Modify parts of the application, create adaptations of it, disassemble, decrypt, decompile or reverse-engineer it.
• remove, alter or obscure any proprietary notices (including copyright or trade mark notices) of the Company or its affiliates, partners, suppliers or the application's licensors.

Contents

Content restrictions

The Company is not responsible for users’ entries, information or content in the application. You understand and expressly agree that you are solely responsible for the content and for all activities carried out under your account, whether by you or by third parties using your account.

You must not transmit content that is unlawful, offensive, inflammatory, intended to disgust, threatening, defamatory, libellous, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

• Illegal content or the promotion of illegal activities.
• Defamatory, discriminatory or hateful content, including references to or comments about religion, race, sexual orientation, gender, national or ethnic origin, or other target groups.
• Spam, machine-generated or randomly generated content constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
• Content that contains or installs viruses, worms, malware, Trojan horses or other content designed or intended to interfere with, damage or restrict the operation of software, hardware or telecommunications equipment, or to damage or gain unauthorised access to third-party data or other information.
• Content that infringes third-party proprietary rights, including patent, trademark, trade secret or copyright rights, rights of public display, or other rights.
• Content that impersonates the identity of a person or organisation, including the company and its employees or representatives.
• Content that violates the privacy of third parties.
• Incorrect information and functionality.

The Company reserves the right, but not the obligation, to determine at its sole discretion whether content is appropriate and complies with this Agreement, and to reject or remove content. The Company further reserves the right to format content, make changes to it and alter the way it is presented. The Company may also restrict or revoke your use of the Application if you post such offensive content.

As the Company cannot control all content published in the Application by users and/or third parties, you agree to use the Application at your own risk. You understand that, when using the Application, you may encounter content that you find offensive, inappropriate, inaccurate or objectionable, and you agree that, under no circumstances, shall the Company be liable in any way for any content, including errors or omissions in any content, or any loss or damage of any kind arising from your use of any content.

Intellectual property

The Application, including all copyrights, patents, trade marks, trade secrets and other intellectual property rights, is and shall remain the sole and exclusive property of the Company.

The Company is not obliged to indemnify or defend you against any third-party claims arising from or relating to the Application. To the extent that the Company is required to provide an indemnity under applicable law, the Company shall be solely responsible for investigating, defending, settling and handling claims alleging that the Application or your use of it infringes third-party intellectual property rights.

Your suggestions

Any feedback, comments, ideas, improvements or suggestions that you submit to the Company in relation to the application shall remain the sole and exclusive property of the Company.

The Company is entitled to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any manner, without any obligation to credit or compensate you.

Changes to the application

The Company reserves the right to modify, suspend or discontinue the Application or any service associated with it, temporarily or permanently, with or without notice and without liability to you.

Application updates

The Company may, from time to time, provide improvements or enhancements to the functionality and features of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may change or remove certain functions and/or features of the Application. You agree that the Company is not obliged to (i) provide Updates or (ii) continue to provide or enable certain functions and/or features of the Application for you.

You further agree that any updates or other modifications shall (i) be deemed an integral part of the Application and (ii) be subject to the terms of this Agreement.

Maintenance and Support

The Company does not provide maintenance or support services for the use of the Application. To the extent that maintenance or support is required by applicable law, the Company is obliged to provide such maintenance or support services.

Third-party services

The application may display, incorporate or make available third-party content (including data, information, applications and other products or services), or provide links to third-party websites or services.

You acknowledge and agree that the Company is not responsible for third-party services, including their accuracy, completeness, timeliness, validity, compliance with copyright law, legality, suitability, quality or any other aspect. The Company assumes no liability or responsibility towards you or any other person or entity for third-party services.

When using the application, you must comply with the applicable terms and conditions of third parties. Third-party services and links to them are provided solely for your convenience, and you access and use them entirely at your own risk and subject to those third parties’ terms and conditions.

Privacy Policy

The company collects, stores, maintains and shares information about you in accordance with our Privacy Policy.

By accepting this agreement, you acknowledge that you agree to the terms of our Privacy Policy.

Term and Termination

This Agreement will remain in force until terminated by you or the Company. The Company may, at its sole discretion, suspend or terminate this Agreement at any time, for any reason or no reason, with or without prior notice.

This agreement shall terminate immediately without prior notice from the Company if you breach any provision of this agreement. You may also terminate this agreement by ceasing to use the application and closing your account.

Upon termination of this Agreement, you must cease all use of the Application.

The termination of this agreement shall not limit any rights or remedies of the Company at law or in equity in the event of your breach (during the term of this agreement) of any of your obligations under this agreement.

Exemption

You agree to indemnify and hold harmless the Company and its parent companies, subsidiaries, affiliates, officers, employees, representatives, partners and licensors (if any) from and against all claims or demands, including reasonable legal fees, arising out of or attributable to: (a) your use of the Application; (b) your breach of this Agreement or any laws or regulations; or (c) your infringement of any third-party rights.

No warranty

The Application is provided to you “as is” and “as available”, with all faults and defects and without warranty of any kind. To the fullest extent permitted by law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, relating to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company gives no warranty or undertaking of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any provider to the Company makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Application or the information, content and materials or products contained therein; (ii) that the Application will operate uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content or emails sent by or on behalf of the Company are free from viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranty or limitations on statutory consumer rights, so some or all of the exclusions and limitations set out above may not apply to you. In such cases, however, the exclusions and limitations set out in this section will apply to the fullest extent enforceable under applicable law. To the extent that a warranty exists by law and cannot be excluded, the Company shall be solely responsible for that warranty.

Limitation of liability

Regardless of any damages you may incur, the total liability of the Company and its suppliers arising out of this Agreement and your exclusive remedy shall be limited to the amount actually paid by you for or through the Application, or USD 100 if you have not purchased anything through the Application.

To the fullest extent permitted by law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or loss of other information, business interruption, personal injury or loss of privacy) arising out of or in any way related to the use of, or inability to use, the Application, third-party software and/or third-party hardware used in connection with the Application, or otherwise in connection with any provision of this Agreement, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability Clause and Waiver

Severability clause

If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be amended and construed to achieve the objectives of that provision to the greatest extent permitted under applicable law, and the remaining provisions shall remain in full force and effect.

Waiver

Subject to the provisions of this Agreement, the failure to exercise a right or enforce an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, and a waiver of a breach shall not constitute a waiver of any subsequent breach.

Product claims

The Company gives no warranties in respect of the application.

Compliance with US law

You represent and warrant that (i) you are not located in a country that is subject to an embargo imposed by the United States Government or that has been designated by the United States Government as a “state sponsor of terrorism”, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

Amendments to this Agreement

The Company reserves the right to amend or replace this Agreement at any time at its sole discretion. If a change is material, we will give at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at the Company’s sole discretion.

By continuing to use the application after changes come into effect, you agree to the revised terms. If you do not agree to the new terms, you are no longer entitled to use the application.

Applicable law

The laws of the country, excluding its conflict of laws rules, govern this agreement and your use of the application. Your use of the application may also be subject to other local, state, national or international laws.

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company concerning your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

Additional terms may apply to your use or purchase of other services provided by the Company. The Company will notify you of these at the time of such use or purchase.

Contact

If you have any questions about this agreement, you can contact us as follows:

• By email: info@omvin.ai
• By visiting this page on our website: https://omvin.ai