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Terms of Service

Terms of Service for flowkey

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at [email protected].

1. Introductions

Thanks for choosing (“flowkey”, “we”, “us”, "our"). By using the flowkey service, websites, or software applications (together, the “flowkey Service” or “Service”), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with our local company flowkey GmbH (Register number HRB 156653 B, Amtsgericht Charlottenburg, Germany). Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service. In order to use the flowkey Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to flowkey is true, accurate and complete, and you agree to keep it that way at all times.

2. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the flowkey Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Using flowkey

3.1

By using the flowkey Service you warrant that you use flowkey only for educational purposes.

3.2

The creation of a user account at flowkey is always for free. But most of the content or features are only available with a paid subscription of flowkey premium ("paid subscription", "premium Service"). The premium Service permits you to access all content and features included in the selected paid subscription on all your devices.

3.3

From time to time, we may offer trials of the Premium Service period without payment (a “Trial”). flowkey reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring basis, depending on the selected trial. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel the flowkey Premium Service through your flowkey account’s settings before the end of the Trial.

4. Licence and assignment

The flowkey Service and the content provided through it are the property of flowkey or flowkey's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial (except as permitted under Section 11) use of the flowkey Service.

The flowkey software applications are licensed, not sold, to you, and flowkey retains ownership of all copies of the flowkey software applications even after installation on your Devices. flowkey may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

You agree to abide by our User Guidelines and not to use the flowkey Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

5. User generated content

flowkey users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by flowkey or any artist, band, label, entity or individual without express written consent from such individual or entity.

You grant flowkey a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with flowkey. This license lasts until you terminate your flowkey account, except in the case of User Content that you have published, made public and/or share with others.

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the flowkey Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the flowkey Service and your right to object to derogatory treatment of such User Content.

flowkey does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in flowkey’s sole discretion, violates these Agreements. flowkey may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

flowkey is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, or if you believe that any User Content does not comply with the User Guidelines (Section 7 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at [email protected]

6. Consideration

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the flowkey Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service

You grant flowkey a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the flowkey Service.

These Terms are not intended to grant rights to anyone except you and flowkey, and in no event shall these Terms create any third party beneficiary rights. Any failure by flowkey to enforce these Terms or any provision thereof shall not waive flowkey’s right to do so.

7. User Guidelines

Please follow these rules and encourage other users to do the same:
flowkey respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the flowkey Services or content delivered to you via the flowkey Services, or otherwise any making use of the flowkey Service which is not expressly permitted under these Terms; (b) using the flowkey service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the flowkey Services or any part thereof; (d) circumventing any technology used by flowkey, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by flowkey; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the flowkey Service; (i) providing your password to any other person or using any other person’s user name and password.

Please respect flowkey and other users of the flowkey Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of flowkey or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) conflicts with the Agreement, as determined by flowkey. You agree that flowkey may also reclaim your username for any reason.

Please be thoughtful about what you make public on flowkey. The flowkey Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on flowkey or across the web, so please use flowkey carefully and manage your account settings regularly. flowkey has no responsibility for your choices to make any actions or material public on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

8. Copyright infringement

flowkey respects the rights of intellectual property owners. If you are a copyright holder and you believe that any of the copyrighted material which is directly available via the flowkey Service infringes your copyrighted work, please let us know. Please send flowkey a notice of alleged copyright infringement. Alternatively, pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 United States Code § 512(c)(3), a notice of alleged copyright infringement should be sent to flowkey's designated copyright agent at the following address:

  • flowkey GmbH
  • Reuchlinstr. 10-11
  • 10553, Berlin, Germany
  • E-Mail: [email protected]

A notification of alleged copyright infringement must be addressed to flowkey's copyright agent as listed above and include the following:

  1. 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;
  2. Specific identification of each copyrighted work claimed to have been infringed;/li>
  3. 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);
  4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  5. 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
  6. 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.

9. 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.

10. 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. 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.

11. 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.

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 merchantabilty, 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: 24.10.2014