Page Text: Email: [email protected]
A notification of alleged copyright infringement must be addressed to flowkey's copyright agent as listed above and include the following:
A physical or electronic signature of the owner (or person authorized 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 infringed is located on flowkey Service or the flowkey Websites (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 authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Technology limitations and modifications
flowkey will make reasonable efforts to keep the flowkey Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. flowkey reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the flowkey Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the flowkey Service or any function or feature thereof. You understand and agree that flowkey has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
9. Payments, cancellations and cooling off
If you have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”)
If you have a Paid Subscription, your payment to flowkey will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If the cancellation is made less than 48 hours before the end of the current contract period, it is possible that the payment provider has already initiated the contract extension. In this case, the respective amount will still be debited despite termination. If there is such an overlap between cancellation and payment processing, the amount will of course be refunded. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
flowkey may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the flowkey Service after the price change takes effect, you accept the new price.
10. Term and termination
These Terms will continue to apply to you until terminated by either you or flowkey. flowkey may terminate the Terms or suspend your access to the flowkey Service at any time, including in the event of your actual or suspected unauthorised use of the flowkey Service or non-compliance with the Terms. If you or flowkey terminate the Terms, or if flowkey suspends your access to the flowkey Service, you agree that flowkey shall have no liability or responsibility to you and flowkey will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To terminate your flowkey account please contact us via [email protected] or use the message system within the flowkey service.
11. Scope of application of the terms of service with regard to purchase, invoicing, right of revocation and termination
The regulations listed under points 10. and 11. apply exclusively to direct purchases from flowkey GmbH. These direct purchases can only be carried out on a laptop or PC in the web version of the app.
If a subscription was purchased through a third-party provider (Google Play Store or Apple iTunes), the terms and conditions of that third-party provider apply. In these cases, the subscription administration is carried out via the subscription management of the Google Play Store or Apple iTunes.
12. Warranty
We endeavor to provide the best service we can, but you understand and agree that the flowkey service is provided “as is”, without express or implied warranty or condition of any kind. You use the flowkey service at your own risk. flowkey disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.
In addition, flowkey does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third-Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the flowkey Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that flowkey is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the flowkey Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from flowkey shall create any warranty on behalf of flowkey in this regard. Some aspects of this section may not apply in some jurisdictions.
13. Limitation
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the flowkey Service, the Third Party Applications or the Third Party Application content is to uninstall any flowkey software and to stop using the flowkey Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOWKEY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE FLOWKEY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FLOWKEY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FLOWKEY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FLOWKEY DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits flowkey’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
14. Entire agreement
These Agreements constitute all the terms and conditions agreed upon between you and flowkey and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to flowkey are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by flowkey that are not contained in the Agreements.
Please note, however, that other aspects of your use of the flowkey Service may be governed by additional agreements. That could include, for example, access to the flowkey Community for customer support, access to the flowkey Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
15. Severability
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
16. Choice of law
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of Germany. Further, you and flowkey agree to the exclusive jurisdiction of Germany to resolve any dispute, claim or controversy that arises in connection with these Agreements.
Last updated: 24.5.2019