- Friendly Flows: the company with limited liability established and existing under the laws of The Netherlands, registered with the Chamber of Commerce under number 82828598;
- Agreement: the agreement between Friendly Flows and the User;
- Services: the service, including the software, provided by Friendly Flows through the Website and Microsoft Teams app;
- Software: the software, including source-code, infrastructure, specifications and all related documentations developed by Friendly Flows;
- Content: all information, data or material provided, changed or uploaded by the User through Friendly Flows, including – but not limited to – chatbot conversations;
- User: the natural person or company that has entered into an Agreement with Friendly Flows;
- Website: www.friendlyflows.com
3. Service and availability
- The Service of Friendly Flows consists of making the Software in the form of ‘Software as a Service’ accessible through the Website and/or Microsoft Teams app.
- To the best of its ability, Friendly Flows will make efforts to provide the Services with due care. Friendly Flows may use subcontractors or third party licensors to provide the Services. You accept that the Services, including the Software, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”).
- Friendly Flows is at all times entitled, without prior announcement and without in any way becoming liable to you:
- to make procedural and technical alterations and/or improvements to the Software and/or Services.
- to temporality or permanently discontinue, limit or terminate our Software or your Account. Friendly Flows will notify you of the temporary unavailability or restricted use of the Services insofar as reasonably possible.
6. Intellectual Property Rights
- The IP-rights in relation to Friendly Flows, including the Software and Website are held by Friendly Flows or its licensors. Nothing in these Terms or Use is intended to entail any transfer of IP-rights to you.
- All IP-rights in relation to the Content will remain with the User who made the Content available through the Friendly Flows Software.
- Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Software or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures of technical limitations (to use) of Friendly Flows and/or the Software is not allowed.
7. Term and Termination
- The Agreement between you and Friendly Flows shall commence when you create an Account and will be in force until it is terminated in accordance with this article.
- You can terminate the Agreement at any time by sending an email to info[at]friendlyflows.com. You are solely responsible for properly cancelling your Account.
- In the event the Agreement is terminated, there will be no reversal of that which Friendly Flows has already delivered nor the related obligation to make payment. You will not receive any refunds as a result of termination.
- Friendly Flows may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if:
- You do not fulfil your payment obligations; and/or
- You do not comply with applicable laws and regulations; and/or
- Direct damage shall solely mean:
- property damage (“zaakschade”);
- reasonable expenses that you would have to incur to make Friendly Flows’ performance conform the agreement, unless the Agreement rescinded (“ontbonden”) by you;
- reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination related to direct damaged; and
- reasonable expenses incurred to prevent or mitigate damages, insofar as they relate to direct damages.
- Any liability on Friendly Flows’ part for damaged other than direct damages including but not limited to indirect loss, including but not limited to consequential loss, loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
- The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Friendly Flows or its managers (“own actions”).
- No right to damage shall exist unless you notify Friendly Flows in writing of the damage promptly after it has arisen. Any claim for damages against Friendly Flows shall become extinguished by the mere lapse of twelve (12) months after the claim has come into being.
9. Force Majeure
- Friendly Flows is to the extent permitted by law released from all contractual obligations and liability (e.g. for damages) if Friendly Flows’ performance is prevented or effected by force majeure or force majeure of Friendly Flows’ subcontractor.
- Force majeure includes, among other things, employees on sick leave and/or absence of employees who are crucial to the supply of Friendly Flows, interruptions in the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, failure on the part of Friendly Flows’ suppliers, failure on the part of third parties engaged by Friendly Flows, interruptions in the connection to the internet (whether or not due to a DDoS attack), hardware malfunctions, malfunctions in networks, including telecommunication networks, and other unforeseen circumstances.
- If the force majeure continues for at least thirty (30) days, Friendly Flows is entitled to terminate the Agreement without being obliged to pay any compensation for this termination.
10. Warranties and indemnifications
- Friendly Flows does not guarantee:
- that our services shall be available to you at all times and without interruptions, faults or disturbances;
- that our services shall be effective or the use of our services shall lead to certain results;
- that information provided by our services shall be correct, up to date and complete.
- Friendly Flows is not responsible for:
- the purchase and/or the proper operation of your infrastructure;
- loss, damage, inaccuracy and/or incompleteness of any information provided through our services;
- transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet;
- any unauthorized use or attempted use of our services;
- making backup copies of any information; Friendly Flows will however to the best of its ability to secure your data by running frequent backups; or
- the management, including checking the settings, the use of our services and the manner in which the results of our services are used.
- You guarantee that you will not use our services in a way that:
- infringes the rights of Friendly Flows or third parties, including but not limited to IP-rights or rights in relation to the protection of privacy; and/or
- is contrary to any applicable legislation or regulations and/or
- You indemnify Friendly Flows against all damage and costs as a result of claims of third parties arising from and/or related to your use of our services.