CONDITIoNS-flowfo

Terms and conditions

Let's start

These are Flowfo’s terms and conditions, they apply to all users of the Flowfo platform.
“We,” “our” or “us” refers to Flowfo.“Flowfo” refers to this platform and the services offered by us.
By using Flowfo you agree to these terms.

Definitions

"Visitor" : someone who has not signed up to a Flowfo account.
"User" : someone who has signed up to a Flowfo account.
"Creator" : a user who has created one or many Artwork pages.
"Artwork" : an artwork is a page where the creator presents a universe, a project.
"Digital goods" : any files (music, images, text…) that may be stocked in a cloud based drive.
"Flow" : the Flow is a folder inside which creator uploads files.
"Flower" : a user who follows (=likes) an artwork.
"News" : an article written and published by the Creator.

Your account

You must be at least 13 years old to register for an account. You are responsible for your account.
When you create an account you must provide us with accurate information.
To join as a creator or to buy any digital goods, you must be at least 18 years old or have your parent’s permission.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
Contact us immediately if you believe your account is compromised.

Abusive conduct

You are responsible for all activity on your account. If you violate our policies we may terminate your account.
Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way.
If you are a creator raising funds on Flowfo, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.
These policies cover most issues, but if you find a new and creative way to hurt Flowfo or our community we may take action to prevent it.

Being a creator

A creator is someone who writes news and/or posts digitalgoods (picts, music, video, text…) on Flowfo.
Any user may become a creator by creating an artwork page, called "artwork".
The status will automatically change from 'user' to 'creator'.
If you delete your artwork, your status will go back to 'user'.

Selling digital goods via the Flows

Flowfo sells digital goods proposed by the creator.
The files inside the Flows are available to users for free, via one-off purchases or monthly subscriptions.
The type of Flow and the prices are defined by the creator.
The minimum price is 2€.
The maximum is 50€.

The subscription Flow

The subscriptions are done on a monthly base, starting the 1st day of the month (no sliding month).
They are accumulative : if a user subscribes for 4 Flows, he/she pays FlowA + Flow B + Flow C + Flow D every month.

When done for the first time, the subscription is instantly paid by the user.
All the files in the Flow are then unlocked.
As a new subscriber, you understand that you pay the full price, even if you subscribe the 27th of the month.
The subscriptions are automatically renewed the 1st day of the month.

A subscriber may unsubscribe anytime.
The unsubscription will be effective starting the next month. No refund can be done.


The price of the Flow may be changed anytime by the creator.
The change is instantly effective to new subscribers. It's applied to former subscribers starting the next month.
We highly recommend creators to communicate before changing any prices (either via the news or social networks).
We may block any changes which would look suspicious.

The content of the Flow may be changed anytime by the creator.
It means that some files may be renamed, modified, deleted.
As a subscriber, you understand that the content is fluctuant. The subscription price does NOT depend on this content.
The Flow itself might be deleted anytime by the creator.
If so, all the content is lost for the subscribers.
The subscription will be stopped, starting the next month.
All subscribers will be lost for the creator. Starting a new Flow will NOT recover former subscribers.
The subscription price may be changed anytime by the creator.

The paying Flow

The paying Flow is sold via one-off purchase.
Once bought, the content of the paying Flow is available to the buyer.
If new files are uploaded by the creator after the purchased has been done, these files are automatically available to the buyer without paying more.

The price might be changed anytime by the creator (even to free)

Changing the price or uploading more content after the purchase has been done will NOT affect the buyer access.
As a creator, you understand that a paying Flow is sold only once to a buyer.
As a buyer, you agree that the Flow might have a different price or become free after your purchase.
No refound is possible.

The content of a paying Flow may be changed anytime by the creator.
It means that some files may be renamed, modified, deleted.
As a buyer, you understand that the content is fluctuant, even after the purchase has been done. We highly recommend the buyers to download the content they have paid for to not lose it.

A Flow may be deleted anytime by the creator.
In that case, all the files are lost for the buyer.

Payment to the creators

We pay creators monthly for the digital goods sold. No partial deposit can be done.
Payments are triggered the 10th of the month (Paris time). The currency is EURO (€).

The amount we pay is the creator's price minus the Flowfo commission.
If you are a society and need to pay any kind of taxes, you have to include them when defining your prices.
You agree that the amount we pay you will not be increased for taxes you could have to pay in your own state or country.

Depending of the currency and the provider chosen for the pay out, you may have to pay additional transaction fees.
The providers available for payouts are Paypal and SEPA transfers. Visit their website to know their transactions fees.
For Paypal, we have to pay via commercial transactions. Friends and family transactions are not allowed.

We handle payments and issues such as fraud, chargebacks and resolution of payments disputes.
We may block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information.
When payments are delayed or blocked we try to communicate the reason to you promptly.
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.
We remind creators that any user may dispute an internet payment several days after the transaction has been done.
If this dispute is confirmed, we have to refund the user from the creator's balance (VAT refund is paid by Flowfo).
We lock all the files as soon as possible but the dispute period is lost for everybody.

Commission

Flowfo takes a commission on each transaction made.
The commission is 10,9% of the price defined by the creator + 0,30€ per transaction.
Each sale or subscription is defined as a transaction.
If a user buys 3 Flows via a single order, it means 3 transactions.
The monthly subscription means one transaction each month.

VAT and other taxes

Flowfo sells digital goods.
This is our responsibility to collect and reverse VAT.
We add the right VAT on all the prices, depending of the residence country of the user.

The VAT doesn't affect the commission we take.
As a creator, you won't lose anything because of the VAT.

Usually, creators are individuals and just have to add their sales to their annual incomes.
If you are a society and have to pay taxes by your own, you must include these taxes in your Flowfo prices.
The VAT that we take is only for Flowfo obligations and can not be reversed to the creator.

Restrictions

We don’t allow creations and benefits that violate our policies.
- illegal creations.
- creations that are abusive towards other people.
- creations that use others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.
For more details, check our content policies.
As a creator, if your fans include people under the age of 18, then please remind them that they need permission to follow your artwork. Those under the age of 13 can not use Flowfo.
As a creator you are also responsible for keeping Flower's data safe.
A Flowfo account is tied to your creative output and cannot be sold or transferred for use by another creator.

All about being a Flower

A Flower is a Flowfo user who follows an artwork.
To follow an artwork, add it as a favorite by clicking on the heart.

Flowfo's role

We proactively look at some pages and posts on Flowfo and review reported pages to identify potential violations of our guidelines.
We proactively look at some pages and news on Flowfo to make sure that the creators follow our guidelines.
We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Flowfo.
In most situations we will work with the creator to resolve any potential violations and allow the creator to continue using Flowfo.
Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
Please let us know if you see potential violations of our guidelines.

We are constantly testing out new features with the goal of making Flowfo better.
We may add or remove features, and often test features with a random subset of our community.

Account deletion

Any Flow or artwork may be deleted anytime by the creator or by Flowfo.
As a creator or user, you agree that any content may be erased from Flowfo without asking any compensation.
We remind creators that Flowfo is NOT a backup solution for your files. Always keep your files saved by yourself.

You can permanently delete your user account by contacting us.
We can disable your account at our discretion. We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any descriptions, news, comments at our discretion.These terms remain in effect even if you no longer have an account.

About creations

Creators keep complete full ownership of their creations.
By posting files on Flowfo, the creators allow us to use, class, sort, sell, stock, display them on the site.

As a creator, you allow Flowfo to communicate on social networks using your creations material (covers, banners, pages, files...) Your work might be edited and cropped to match the timelines of the social networks.

The purpose of this license is strictly limited to promote your Art and the platform.
We will never try to steal your creations or use them in an exploitative way.

You may not post creations that infringe others' intellectual property or proprietary rights.

As a creator, you allow users to download your creations for an offline use.
As a user, you agree that the content found on Flowfo is for private purposes only.
Any commercial use is strictly forbidden.

We remind the creators that Flowfo is NOT a backup solution for your files. Always keep your files saved by yourself.
If we suspect any artwork to be a backup solution (without any kind of activity during a long period), we will delete or suspend it.

Flowfo's creations

You can use our copyrights or trademarks to promote your Flowfo page, but can’t use them for anything else without our permission.
Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase.
We grant you a license to use our logo and other copyrights or trademarks to promote your Flowfo page.
You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing.

Indemnity

If we are sued because of your use of or conduct on Flowfo, you have to help pay for it.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Flowfo.
We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warantly disclaimer

We do our best to make Flowfo work as expected, but bugs happen.
Flowfo is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.
The disclaimers of warranty under this clause also apply to oursubsidiaries, affiliates and third party service providers.

About Flowfo

Flowfo SAS is located in France – 6, Abbesses street – 75018 PARIS. The RCS number is 847 854 676 - Paris (30/01/2019) with a capital of 15 000€. Our VAT ref is FR67847854676.
You may contact us by email at [email protected]
The platform is hosted by AWS – Europe.

Limit of liability

If you lose money as a result of using Flowfo, any payment to you is limited to the amount of money we have earned through your use of Flowfo.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Flowfo.
To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Flowfo. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.For this clause “we” and “our” is defined to include our subsidiaries,affiliates, officers, directors, employees, agents and third party service providers.

Dispute resolution

If you have a problem please talk to us, but you are limited in how you can resolve disputes.
You waive your right to trial by jury and your right to participate in a class action proceeding.
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Flowfo, and it cannot be resolved after you talk with us, then it must be resolved by arbitration.
Judgment on the arbitration award may be entered in a French court based in Paris.
Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data

Last but not least

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it.
If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect.
Continuing to use Flowfo after a change means you accept the new terms, policies and conditions.