Legal Notices
General Terms - Important Legal Notice
These General Terms apply to your account with Flosters and to our Offerings, and constitute a binding contract between us.
The information on this site is subject to a disclaimer, a copyright notice and rules related to personal data protection.
Acceptance
By accepting these General Terms during your account registration or subscription process, or by accessing or using our Offerings, you confirm your acceptance of these General Terms and other applicable Terms and your agreement to be a party to this binding contract. If you do not agree, you do not have the right to access or use our Offerings.
You agree to these Terms on behalf of the company or other legal entity for which you are acting (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, “You”). You represent and warrant that you have the right and authority (as well as the capacity—for example, you are of sufficient legal age) to act on behalf of and bind such entity (if any) and yourself.
Additional capitalized terms are defined in these Terms and in the "Definitions" section (Section 22) below.
Right of Return for Refund
For a limited period after You purchase or renew a subscription (the “Return Period”), (i) if You object to any of the terms set forth in these Terms, or (ii) if You object to the Flosters terms of purchase or auto-renewal (if any) applicable to the purchase or renewal of the subscription, or (iii) if You are dissatisfied (for any reason) with the Offering to which You subscribed, You may return the Offering and may qualify for a refund.
For orders placed directly with Flosters, Flosters will provide a full refund of Your subscription fees if You cease use and return the Offering within the Return Period set forth below. For orders placed through a reseller or other third party, please check the applicable return and refund policy of that third party.
Your right of return for refund does not apply to all orders, including orders for cloud credits, consumption-based fees, consulting, advanced consulting, memberships, platform subscriptions or fees, extra-territorial rights and enterprise agreements.
Additional Agreements, Special Terms
You may have an additional agreement signed directly with one or more Flosters entities that supplements or amends these Terms (for example, an enterprise business agreement) (“Additional Agreement”). In addition, Offerings may be subject to special terms (“Special Terms”), including, for example, particular entitlements or restrictions on types of use. Special Terms may apply to a particular Offering or to a particular category of user (for example, students). The Special Terms are set forth in the Special Terms or in the Documentation for the Offering.
You agree to the Special Terms, if any, for an Offering that You subscribe to, obtain, access or use. If You do not agree to all such Special Terms, You may not subscribe to, obtain, access or use the Offering.
If there is any conflict between these General Terms and the Additional Agreement or Special Terms, the Additional Agreement or Special Terms will control in relation to their subject matter. If there is a conflict between the Additional Agreement and the Special Terms, the Additional Agreement will control in relation to its subject matter. Any arrangement with respect to an Offering is expressly conditioned on Your agreement to these Terms, and any further or different terms are rejected.
Account
Account Responsabilities:
To subscribe to an Offering, You may need an account. You are responsible for anyone who obtains, accesses or uses Offerings through You or Your account (including Your Authorized Users). This means (among other things) that You are responsible for Your Authorized Users’ compliance with these Terms, including their use of their accounts, as though each of the Authorized Users is You. In certain cases, Your Authorized Users may be required to set up individual accounts or otherwise agree to applicable terms in order to obtain, access or use Offerings, but that requirement does not affect Your responsibility for Your Authorized Users.
You are also responsible for the security of Your account and all activity associated with Your account. This means (among other things) that You (i) will ensure that only Your Authorized Users use Offerings associated with Your account, and (ii) will secure and not share user IDs or passwords (except with authorized account administrators).
You will ensure that all Your account information (including any information that You or Your Authorized Users provide in connection with Your registration for any Offering) is, and continues to be, true and complete.
Account Benefits:
Your account is designed to provide a place for You to access and manage Your account information and obtain rights to Software, Web Services and other Benefits, including free benefits. Your account is designed to be accessible virtually anywhere, anytime via the web or at other successor or alternative Flosters sites.
Your account features may include:
- Single sign-in to Flosters sites and services
- Management of Your profile, security settings, linked accounts and preferences
- Management of Your subscriptions
- Access to Offerings
- Access to downloads and trials
- Access to technical support, learning resources and subscription news
- Usage information regarding Your subscriptions, cloud credits and analytics
You own Work
You will retain Your ownership rights to files, designs, models, data sets, images, documents or similar material created by You or Your Authorized Users and submitted or uploaded to any Offering by You or Your Authorized Users.
Disclaimer
Flosters maintains this website to enhance public access to information about its initiatives. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them. However Flosters accepts no responsibility or liability whatsoever with regard to the information on this site.
This information is:
- Of a general nature only and is not intended to address the specific circumstances of any particular individual or entity;
- Not necessarily comprehensive, complete, accurate or up to date;
- Sometimes linked to external sites over which Flosters services have no control and for which Flosters assumes no responsibility;
- Not professional or legal advice (if you need specific advice, you should always consult a suitably qualified professional).
It is our goal to minimize disruption caused by technical errors. However some data or information on our site may have been created or structured in files or formats that are not error-free and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems. Flosters accepts no responsibility with regard to such problems incurred as a result of using this site or any linked external sites..
Copyright Notice
© Flosters, 2022
Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. Where prior permission must be obtained for the reproduction or use of textual and multimedia infor-mation (sound, images, software, etc.), such permission shall cancel the above-mentioned general permission and shall clearly indicate any restrictions on use.
Personal Data Protection
Flosters is committed to user privacy.
Personal data: Personal data is handled in accordance with data protection legislation. Data is personal if it can be linked to you as an individual and provides information on your behaviour or characteristics. This includes name, address and telephone number, of course, but also information concerning your specific requirements or interests about our services and information concerning the use of our online service, so far as this information could be ascribed to you personally, directly or indirectly.
Storage and processing of personal data : When we collect personal information from you, we tell you how we might use this information. Where information is not essential for processing services, you decide what personal data we may collect. This data is stored by Flosters only for internal use about with regards to our projects, programs and tools. We endeavour to ensure that you only receive information that may be of particular interest to you. We do not pass on your details to third parties.
Website : Personal data is thus only collected and processed via the Flosters website or underlying websites representing Flosters projects, programs or tools. if you volunteer such information or give an explicit declaration of consent. Such data will then only be used for the specified purpose. If you merely visit our website, our web servers store the IP address of your internet service provider, along with the pages you visited on our website and the date and length of your visit. This data is only used for statistical evaluations. It is not disclosed to third parties, wholly or in part. The information is used to track the preferences of our visitors, enabling us to optimize the design and layout of the website. The data cannot be analyzed in a personalized manner because the IP address does not provide us with any information regarding your personal identity.
Cookies : We may use cookies to optimize our website service. Cookies are small text files which are sent to your computer by a web server and then sent back to the server by your browser each time you visit our website. The data is gathered for market research and to enable us to customize our products and services, and is used exclusively for this purpose. Please also note that you can configure your browser to reject cookies or to be notified before a cookie is accepted. If you would like to know more about adjusting your cookie settings, click "Help" on your browser.
Your rights : The data protection laws give you the right to find out what information is held about you, and to demand that such information is corrected or deleted. They also entitle you to object to your personal data being used for the purposes of advertising, market research and opinion polls. If you wish to exercise these rights, please send us an email.
You can also contact Flosters directly in respect of any matter relating to your data. However, please appreciate that we are unable to provide any information over the telephone concerning the data stored by us; this is also for your protection.