1. SCOPE AND APPLICATION
These Terms of Use (“Terms and Conditions”) apply to any natural or legal person (“User”) purchasing, accessing or otherwise making use of any of the services defined in section 2.1 below offered by Flourishi Oy (“Flourishi”). The Terms and Conditions apply irrespective of whether the User is a purchaser (“Buyer”) of Flourishi’ goods and services (“Products”) or not.
These Terms and Conditions shall apply in addition to and in parallel with Flourishi’ “General Terms and Conditions of Sale” which apply in case of a sale of Products from Flourishi to a Buyer, unless mandatory legislation stipulates otherwise.
See also Flourishi’ privacy notice .
2. THE SERVICES
2.1 The Services
Flourishi offers certain services (the “Services”) relating to the processing of various data recorded by and/or transmitted via the Products (the “Data”). These Services include, but are not limited to:
software application which may be downloaded to a mobile device for monitoring, analysis and reporting of Data (the “App”); and
storage of Data on servers hosted by Flourishi or a third party (the “Cloud Services”).
2.2 The Services are provided “as is” and may be amended or modified by Flourishi from time to time, without giving prior notice to the User. Flourishi may also, at any time and at its own discretion, discontinue to offer the Services without giving prior notice to the User. The User shall not be entitled to claim any form of compensation, reimbursement, direct or indirect losses or damages from Flourishi in case of discontinuation or termination of the Services.
3. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE SERVICES AND DATA
The User’s access to and use of the Services shall not imply any transfer or licensing of any intellectual property rights from Flourishi to the User, or vice versa, unless otherwise is stipulated in these Terms and Conditions.
The User shall comply with any applicable intellectual property rights and/or restrictions related to the Data and/or the Services, including proprietary content or information which the User may access through the Services.
The User is not entitled to use, copy, reproduce, modify, publish, distribute, license, sell or otherwise exploit for any purpose any Data or other information related to the Services which is not owned by, or originating from, the User itself.
Flourishi owns the Services and neither the User nor any third party may modify, transmit, transfer, sell, reproduce or create derivative works based on, or otherwise exploit, any of the Services in any other manner than described in these Terms and Conditions.
4. LIMITATION OF LIABILITY
4.1 General limitation of liability – no representations, warranties or liability for the functionality or use of the Services
Flourishi does not make any representations or warranties in relation to the functionality or use of the Services – neither express, implied, statutory or otherwise – including but not limited to representations and warranties related to accuracy of Data, merchantability, fitness for a particular use and/or non-infringement of intellectual property tights.
Flourishi shall not in any event have any liability towards the User or any third party related to the functionality or use of the Services, not even in case of incorrect Data or malfunctioning Services.
Flourishi shall not, irrespective of its conduct, be liable for any lost profits or savings, loss of reputation or goodwill, claims of third parties or any indirect, incidental, punitive, special or consequential damages, whether based on these Terms and Conditions, other contract, applicable law or otherwise, or for any other indirect or consequential losses, expenses or damages incurred by the User or any third party related to the functionality or use of the Services.
Flourishi shall in no event, irrespective of its conduct, be liable towards the User or any third party for any costs, direct losses or consequential damages relating to the Products, the User’s or third party’s other equipment, property or personnel, not even if such loss or damage is caused by or related to the use of incorrect Data, malfunctioning Services or defective Products.
4.2 No liability for Loss of Data etc.
Flourishi shall in no event be liable towards the User or any third party for any costs, direct losses or consequential damages caused by or related to the deletion, destruction, damage or loss of any of the User’s or third party’s Data (“Loss of Data”), irrespective of whether the Loss of Data in question is attributable to Flourishi’ conduct, defects, technical issues relating to the Cloud Services or any other of the Services, the Products or any other cause.
5. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions Services shall be governed by Finnish law. Any dispute between Flourishi and the Buyer or any other user of the Services shall be subject to the exclusive jurisdiction of the district court of Helsinki.
Welcome! Flourishi is now on Indiegogo and the shipment will start soon in October 2023!