top of page

Terms and conditions Floree

Our Privacy and cookies

Date last modified: Oktober 2023

PLEASE READ THESE TERMS OF USE (HEREINAFTER REFERRED TO AS THE “TERMS”) CAREFULLY BEFORE USING ANY FLOREE PLATFORM.

If you live in one of the countries or regions below, additional terms and conditions may apply to you. You can find this at the bottom of these Terms and Conditions. Where applicable we show the country/region within the Terms. To the extent that these additional terms and conditions contain any conflicts, they take precedence over the Terms and Conditions below

Argentina, Australia, Brazil, Canada, Colombia, Hongkong, Japan, Korea, Philippines, one allEuropean countries (including specific conditions forAustria, Belgium, France, Germany, Hungary, Italy, Poland inSwitzerland) 

Welcome to the Floree community! You are reading these Terms because you are using aFloree website, digital experience, social media platform, mobile app, wearable technology, or any of our other products or services, all of which are part ofFloree’s Platform (hereinafter referred to as the “Platform”). You may access the Platform via a computer, mobile phone, tablet, console, or other technology, which we will refer to in these Terms as a “Device”. Your carrier's usual rates and fees apply to your Device.

These Terms create a legally binding agreement between you andFloree and its affiliates (which we may refer to as “Floree,” “we,” “us,” or “our”) regarding your use of the Platform. Please ourList of local entities  to find out the name of the person responsibleFloree entity that offers you the Platform and the correct contact details. A few important points:

  • Our Terms are subject to change. Some jurisdictions do not allow unilateral updates or changes to consumer terms, so this section may not apply to you. [See terms and conditions forCanada.] We may update these Terms from time to time. If an important change is made, we will post an announcement on the Platform or send you a message. We ask you to read all changes and if you cannot agree to them, to stop using the Platform. By continuing to use our Platform after we notify you of the changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

  • Conditions of sale. By making a purchase from us you also agree to theConditions of sale that apply in your country or region. [See terms and conditions forHungary].

  • Privacy Policy. UsPrivacy Policy describes the collection and use of personal data on the Platform and applies to your use of the Platform.

 

1. BASIC RULES

FITNESS. You are only eligible to use the Platform if you are the age of majority in your country or have permission from your parent or legal guardian. In various countries, age restrictions may apply to certain Platform services.

Rules for registration. When you register to create an account with us, the following rules apply:

  • Be honest: Provide accurate and current registration information.

  • Be yourself: Keep your registration personal. Register for no more than oneFloree account; register noneFloree account on behalf of someone else; and do not pass your account on to anyone else.

  • Be safe: Secure your username, password and other login details and don't allow anyone else to use your account.

  • Be responsible: SupposeFloree immediately of any unauthorized use of yourFloree account. You are responsible for everything that happens through yourFloree account – with or without your permission. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOREENOT RESPONSIBLE FOR ANY DAMAGE OR ACTIVITY RESULTING FROM UNAUTHORIZED USE OF YOUR ACCOUNT.

​

2. OWNERSHIP OF CONTENT

Excluding User Content (as defined below), all content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news reports, skits, animations, stickers, artwork in general and all other content ("Content") – property ofFloree or others from whom we license Content. This Content is protected by copyright, trademark, patent and other laws.Floree reserves all rights not expressly granted in these Terms.

  • All trademarks, service marks and trade names (e.g. the nameFloree and the Swoosh design) are owned, registered and/or licensed byFloree. You do not obtain any license or ownership rights whatsoever in any trademarks, service marks or trade names through your access to or use of the Platform or the Content.

  • You agree not to change or delete any proprietary notices from materials you download or print from the Platform.

  • As far asFloree agrees to download or use Content that contains copyrights or copyrightable worksFloree you are granted a limited, personal, non-transferable, non-sublicenseable, and revocable license to access and use such copyrighted or copyrighted works solely for their intended purpose and solely for so longFloree that makes Content generally available to the public. You acquire no ownership rights in the Content (including any trademark rights or other intellectual property contained in the Content) and all Content is for your personal and non-commercial use.Floree reserves the right to monitor your use and to modify or revoke this license or your access to the Content at any time for any reason.Floree reserves the right to remove Content that violates these Terms or any intellectual property rights ofFloree. The fact thatFloree you allow this limited use does not constitute a waiver ofFloree's rights to the Content.

  • Outside of the specific usage rights thatFloree to you in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works from, or exploit in any way without the prior written permission ofFloree. Unauthorized use of the Content may violate copyright, trademark or other intellectual property rights and could subject you to criminal or civil prosecution and fines.

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback or ideas you send to us are provided on a non-confidential basis and you grant thatFloree hereby grant a perpetual, worldwide license to use any comments, feedback and ideas you may share with us, without notice, compensation or acknowledgment to you, for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving products and services. [See terms and conditions forColombia inBelgium.]

​

4. USER CODE OF CONDUCT

We are very happy that you are contributing to theFloree community. Below are a few basic rules:

 

  • Be safe.

    • Don't do anything like thatFloree or may endanger its users in any way; this includes actions that may disrupt, damage, disable, manipulate, overburden or limit the functionality of the Platform.

    • Do not post any User Content that contains software viruses, programs or other computer code, or circumvent or modify the Platform's software or security technologies.

    • Do not use data mining, robots, scraping or similar data collection methods.

    • Unless we indicate otherwise, our Platform is a public space. Do not post any personal information on the Platform, either yours or anyone else's.

    • Be personal.

      • Do not post advertising, promotional or commercial content on the Platform and do not accept payment from a third party in exchange for performing commercial actions on the Platform.

      • You may not collect or solicit personal data from other users of the Platform and you may not send unsolicited messages.

      • Do not use any automated technology in your interaction with the Platform.

      • Be decent. Respect the community and do not post User Content, link to websites, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate, or that violates any applicable law.Floree has the right, but not the obligation, to pre-screen, monitor or remove User Content.

      • Be yourself. You may not impersonate any other person or organization, including athletes and employees ofFloree.

      • HAVE FUN!

​

5. COPYRIGHT INFRINGEMENT

Before reporting to us, we ask you to consult with your legal advisor, as there may be fines for false reports.Floree may terminate the accounts of Platform users if it appears that these users are infringing the copyrights of third parties.

If you believe that your work has been unlawfully copied to the Platform in such a way that it constitutes infringement, we ask you to provide us with the following information [See the terms forFrance]:

(1) name, address, telephone number, email address, and a physical or electronic signature of the copyright owner or the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the infringing content is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (subject to applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send copyright infringement complaints to:

info@Floree.store

​

6. PARTNERS ON THE PLATFORM

Floree may from time to time link to or collaborate with third party websites, social media platforms, mobile apps and other products and services (“Third Parties”). You may be able to connect to these Third Parties through the Platform, but that does not mean thatFloree approves, monitors or has any control over these Third Parties or their activities. These activities are subject to separate terms of use and privacy policies. We encourage you to carefully read the Third Party sites, terms of use and privacy policies.Floree is not responsible for the content, policies or activities of Third Parties and your interaction with Third Parties is at your own risk.

​

7. IMPORTANT DISCLAIMERS

FYSICAL ACTIVITY. [See terms and conditions forCanada, Germany inItaly, because the following exclusions and limitations may not apply to you.] The Platform may contain topics that promote physical activity, nutrition or general well-being. These are intended for your information only and not as medical advice or services, or for diagnostic or treatment purposes.

  • Be aware of the risks and consult your doctor before engaging in any physical activity.

  • Never disregard professional medical advice or delay in seeking such advice because of something you have seen on the Platform.

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOREENOT RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE YOU SUFFER FROM YOUR USE OF OR INABILITY TO USE THE FEATURES ON THE PLATFORM.

INTERACTIONS WITH USERS. To the fullest extent permitted by applicable law, we are not responsible for your interactions with other users of the Platform or for any harm or danger you may experience as a result of those interactions. [See terms and conditions forItaly.]

  • Please be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting someone else in person, consider doing your research, bringing a friend, choosing a public location, and letting someone know where you are.Floree is under no obligation to become involved in disputes between users, but may do so at its sole discretion.

DISCLAIMER OF WARRANTY. Some jurisdictions do not allow the limitations or exclusions of liability, statutory warranties and remedies, so these exclusions and limitations may not apply to you. [See terms and conditions forAustralia, Canada inGermany.]  

  • The Platform, the Content and the materials and products on this Platform are provided "AS IS". We make no promises of any kind, including about the accuracy, suitability, usefulness, reliability or other features of the Platform. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOREENOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.

  • Floree does not guarantee that the Platform will function uninterrupted or error-free, that any defects will be remedied or that the Platform is free of viruses or other harmful substances.

  • To the maximum extent permitted by lawFloree makes any express or implied warranties with respect to the Platform, Content, User Content, or other products or services that you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

  • You are solely responsible for any damage to your Device that results from your access to the Platform, unless applicable law provides otherwise.

    • We hope you will enjoy and benefit as much as possible from the Platform, but we do not guarantee results.

​

8. TERMINATION

Floree has the right to anyFloree Terminate any platform, membership program, product or service at any time without notice.

Subject to applicable lawFloree terminate or suspend your account, delete your profile and your User Content, and restrict your use of all or any part of the Platform at any time and for any reason without incurring any liabilityFloree leads.

  • You understand and agree that certain User Content of yours, particularly to the extent displayed in an activity feed or in other public areas on the Platform, may continue to appear publicly after your account is terminated. You do have the right, upon request, to have your User Content removed in accordance with applicable law.

  • These Terms will remain in effect even after your account is terminated or you stop using the Platform.

​

9. INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, butFloree must also protect themselves from any harm you may cause.

INDEMNIFICATION AND DISMISSAL. Some jurisdictions do not allow the limitations or exclusions of liability, statutory warranties and remedies, so these exclusions and limitations may not apply to you. [See terms and conditions forCanada, France, Germany inHongkong.] You agree toFloree, its affiliates, officers, directors, employees, agents, licensors and suppliers (hereinafter referred to as the “Floree Parties”) from and against any and all claims, damages, liabilities and costs, including without limitation attorneys' fees, arising out of or in any way connected with your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or towards other users of the Platform, or any breach of these Terms of Use, the law or the rights of a third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby indemnify and release theFloree The Parties fully and forever from any claims or causes of action that you may have for damages that are in any way connected with your use of the Platform.

LIMITATION OF LIABILITY. Some jurisdictions do not allow the limitations or exclusions of liability, statutory warranties and remedies, so these exclusions and limitations may not apply to you. [See terms and conditions forCanada, France, Germany, Hongkong inPhilippines.]  NONE OF THEFloree PARTIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, ARISING FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR THE PERFORMANCE OF ANY PRODUCTS PURCHASED THROUGH THE PLATFORM OR CONDUCT FROM OTHER USERS OF THE PLATFORM (BOTH ONLINE AND OFFLINE) OR FROM ATTENDING AFloree-EVENT OR AN EVENT OF PARTNERS OFFloree, OR USER MEETING OR ANY OTHER ACTIVITY RELATED TO THE USE OF THE PLATFORM, EVEN IFFloree HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR SOLE REMEDY AGAINSTFloree RELATING TO ANY DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORM OR ANY CONTENT, YOU SHALL CEASE USING THE PLATFORM. MIGHTFloree BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM OR ANY CONTENT, THENFloree'S LIABILITY IS LIMITED TO A MAXIMUM OF 100 US DOLLARS, OR 100 EURO IF YOU LIVE IN EUROPE.

​

10. DISPUTES / ADDITIONAL TERMS

Choice of law/LEGAL POWER

If you live in one of the countries below, other “Choice of Law/Jurisdiction” terms may apply to you:Argentina, Austria, Brazil, Canada, France, Germany, Hong Kong, Italy, Philippines, Poland, Switzerland and all othersEuropean countries.

  • You agree that this Platform is a passive platform located solely in Oregon, USA and shall not give rise to personal jurisdiction overFloree in jurisdictions other than Oregon.

  • You agree that this Platform, the Terms, the Privacy Policy and any dispute between you andFloree shall be governed in all respects by the laws of Oregon, without regard to any applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

  • Except where prohibited by applicable law, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including but not limited to the purchase byFloreeproducts) will be resolved on a case-by-case basis without resorting to any form of class action and will be dealt with exclusively by the competent court in Multnomah County, Oregon, United States.

  • You agree to waive all defenses of “lack of personal jurisdiction” and “inadequate venue” with respect to venue and jurisdiction of a court of competent jurisdiction in Multnomah County, Oregon.

  • All claims must be commenced within one (1) year after the claim arises, except to the extent applicable law requires a longer period.

Electronic communications

  • By using the Platform, you agree to receive certain electronic communications fromFloree receive, in accordance with applicable law.

  • You agree that all notices, agreements, disclosures or other communications thatFloree sends to you electronically will comply with any legal requirements for communications, including the requirement that such communications be in writing.

Right to transfer, No waiver of right, Consequences of unenforceability

  • Floree may assign its rights and obligations under these Terms to any other party at any time without notice to you, unless notice to you is required under applicable law, but this will not affect your rights and our obligations under these Terms.

  • IfFloree failure to insist upon or enforce strict performance of these Terms will not operate as a waiver of any Terms or Conditions or the rights ofFloree. Users should always assume that these Terms apply.

  • If any provision of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use will remain enforceable.

Thank you for reading. We hope you enjoy our community!

​

COUNTRY/REGION SPECIFIC TERMS.

If you reside in one of the countries below, these additional terms will apply and in the event of any conflict in the Terms of Use, these additional terms will take precedence.

​

ARGENTINA

Article 3 (POSTING CONTENT ON THE PLATFORM): The first bullet point paragraph under the paragraph entitled “USER CONTENT LICENSE” is deleted and replaced by the following:

“You grantFloree a non-exclusive, transferable, royalty-free, worldwide license to display and share with other Users that User Content that you post on or in connection with the Platform, including the right to translate, display, reproduce the User Content , modify, create derivative works of, sublicense, and distribute.

For example, we need these rights to copy your User Content to our databases, display it in the correct format on our mobile applications, and send your User Content to vendors acting on our behalf.Floree provide services."

Article 10 (DISPUTES / ADDITIONAL TERMS): This Article is amended as follows:

The paragraph entitled “CHOICE OF LAW/JURISDICTION” is deleted and replaced by the following (with the exception of the last bullet point on bringing claims, which remains unchanged):

“Choice of law/Jurisdiction

  • You agree that this Platform, the Terms, the Privacy Policy and any dispute between you andFloree shall be governed in all respects by the laws of Argentina.”

​

AUSTRALIA

Article 7 (IMPORTANT DISCLAIMERS): This Article is amended as follows:

The paragraph entitled “DISCLAIMER OF WARRANTY” is amended by adding the following:

“However, the Platform, the Content and the materials and products on this Platform carry certain warranties which cannot be excluded for the benefit of Australian consumers under the Australian Consumer Law (“ACL”), including warranties that the products will be of acceptable quality and suitable for a specific purpose. Nothing in these Terms shall be construed, applied or intended to exclude, limit or modify any condition, warranty, right or remedy implied by the ACL which cannot by law be excluded, limited or modified, even if any other provision in these Terms would suggest that this is possible.”

​

BRAZIL

Article 10 (DISPUTES/IMPORTANT DISCLAIMERS): This article is amended as follows:

The paragraph entitled “CHOICE OF LAW/JURISDICTION” is deleted and replaced by the following:

“Choice of law/Jurisdiction

  • You agree that this Platform, the Terms, the Privacy Policy and any dispute between you andFloree shall be governed in all respects by the laws of Brazil, without regard to any applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

  • Except where prohibited, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including but not limited to the purchase ofFloreeproducts) will be resolved on a case-by-case basis without resorting to any form of class action and only in Brazil.”

​

CANADA

Introductory paragraph:

The article entitled “Our Terms are subject to change” is qualified as follows:

“(a) Floree is obliged to send you, at least 30 days before the change takes effect, a written notice in a clear and legible manner, containing the text of the new provision and the date on which the change takes effect; and

(b) you can refuse the change and terminate the agreement or, in the case of an agreement with consecutive performance, terminate the agreement without costs, penalty or termination fee byFloree to give notice of this no later than 30 days after the change takes effect, if the change will increase your obligations or reduceFloree's obligations.”

MULTIPLE ARTICLES: The provisions of the articles entitled “Physical Activity”, “Disclaimer of Warranty”, “Indemnification/Limitation of Liability” and “Limitation of Liability” are qualified as follows:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions and limitations in the sections below may not apply: Physical Activity, Disclaimer of Warranties, Disclaimer/Limitation of Liability, and Limitation of Liability.

Article 10 (DISPUTES/ADDITIONAL TERMS): this article is amended as follows:

The article paragraph entitled “CHOICE OF LAW/JURISDICTION” is amended by adding the following to the beginning of the article:

“Consumer protection laws in some jurisdictions, including Quebec, may require that your agreement be governed by the laws of your jurisdiction and that disputes be resolved by the competent courts within your jurisdiction. Furthermore, these laws may not allow you to waive your right to participate in a class action or limit your time limit to initiate legal proceedings. If these laws apply to you, the following limitations may not apply.”

 

COLOMBIA

Article 3 (POSTING CONTENT ON THE PLATFORM): The paragraph entitled “USER CONTENT LICENSE” is amended as follows:

The first bullet point paragraph under “USER CONTENT LICENSE” is deleted and replaced by the following:

“You grantFloree a non-exclusive, indefinite, transferable, sublicensable, royalty-free, worldwide license to use any User Content that you post on or in connection with the Platform, including the likeness of any person appearing in the User Content, or any concepts or ideas underlying the User Content contains, for any purpose, including commercial purposes, including the right to translate, display, reproduce, modify, create derivative works from, sublicense, distribute and to be transferred."

Article 3 (POSTING CONTENT ON THE PLATFORM): The paragraph entitled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced by the following:

“AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS. You grantFloree a worldwide indefinite license to use any comments, feedback and ideas you may share with us, without notice, compensation or acknowledgment to you, for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

​

HONGKONG

Floree, Inc., an entity registered in the State of Oregon, USA with its registered office at One Bowerman Drive, Beaverton, OR 97005, USA) is: (1) the operator and administrator of the NRC and NTC Apps, and (2 ) our contracting entity for these Terms with you.

Article 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): This article is deleted and replaced by the following:

“Renunciation and Dismissal. You agreeFloree Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Floreeparties"), indemnify, defend and hold harmless any and all claims, losses, liabilities, expenses, damages and costs (including attorneys' fees) arising out of or in any way related to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms, any law or the rights of a third party.

Limitation of Liability. Except as permitted by applicable law, you agree:

  • that none of theFloreeparties will be liable for any special, incidental or consequential damages (including lost profits or lost data) arising out of the use of, or inability to use, the Platform or the performance of products purchased through the Platform or conduct from other Platform users (online or offline), or attending aFloreeevent orFloreepartner events, or any User Content or any other activity in connection with the use of the Platform, even ifFloree has been advised of the possibility of such damages;

  • that you accept full responsibility for your use of the Platform; and

  • that ifFloree is found to be liable to you for any damage or loss arising in any way related to your use of the Platform or any Content, the liability ofFloree will not exceed the greater of (1) the amount paid by you to us under these Terms for your use of the Platform or any Content, or (2) US$100.00."

 Article 10 (DISPUTES/ADDITIONAL TERMS): The first point under the paragraph entitled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.

​

JAPAN

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): This section is amended as follows:

The subsection “LIMITATION OF LIABILITY” has been deleted in its entirety and replaced by the following text:

LIMITATION OF LIABILITY. NEITHER OF THE PARTIES OFFloree WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS THAT WERE PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER USERS OF THE PLATFORM (ON OR OFFLINE), OR ATTENDED AN EVENT OFFloree OR EVENTS OF PARTNERS OFFloree, OR ANY USER CONTENT OR OTHER ACTIVITIES IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IFFloree HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR SOLE REMEDY AGAINSTFloree RELATING TO ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ITS CONTENT, YOU SHOULD DISCONTINUE USE OF THE PLATFORM. IFFloree BEING HELD LIABLE FOR ANY DAMAGE OR LOSS RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM OR ITS CONTENT, THE LIABILITY OFFloree NO MORE THAN 100.00 USD OR 100.00 EURO IF YOU LIVE IN EUROPE.

Section 10 (CONFLICTS/ADDITIONAL TERMS): This section is amended to read as follows:

The subsection “CHOICE OF LAW/JURISDICTION” has been deleted in its entirety and replaced by the following text:

“Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you andFloree shall be governed in all respects by the laws of Japan, without regard to its choice of law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

Except where prohibited by applicable law, and without limiting any statutory rights for consumers, you agree that all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with the Platform (including but not limited to purchase ofFloreeproducts) will be resolved individually, without resort to any form of class action, and exclusively before the courts located in Tokyo, Japan.

All claims shall be commenced within one (1) year after the claim arises, except to the extent applicable law requires a longer period.

​

KOREA

The following location-based service provider terms apply to your use of and access to theFloree Running Club app and theFloree Training Club-app: location-based terms for service providers. In the event of a conflict between the location-based service provider terms and these Terms, these Terms will control.

​

PHILIPPINES

Section 2 (OWNERSHIP OF CONTENT): The third paragraph of this section is revised as follows:

  • As far asFloree the downloading or use of the Content consisting of works that are or may be protected by copyrightFloree you are granted a limited, personal, non-transferable, non-assignable right to access and use such copyrighted works solely for their intended purpose and solely for so longFloree makes this Content publicly available to the public. You do not acquire any ownership rights or license of any kind in the Content (including any trademarks or other intellectual property rights in the Content) and all such Content is for your personal, non-commercial use.Floree reserves the right to monitor your use and to modify or revoke such use or your access to the Content at any time and for any reason.Floree reserves the right to remove any Content that violates these terms or the intellectual property rights ofFloree to delete. The permission ofFloree for this limited use, does not constitute a waiver of any of the rights ofFloree on the Content.

Section 3 (POSTING CONTENT ON THE PLATFORM): This section has been revised as follows:

User Content License. Some areas of the Platform allow you to post photos, videos, comments and other content, which we call “User Content.”Floree is not responsible for User Content posted on the Platform by others. User Content is owned by you or the creator of it, but when you post User Content you agree to the following:

  • You represent that you have the right to post your User Content and agree to execute all relevant documents toFloree grant a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use the User Content that you post on or in connection with the Platform, including the portrait of any person appearing in the User Content, or any of the concepts or ideas contained in the User Content for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and transfer.Floree may remove User Content at any time in its sole discretion.

  • You understand that deleted User Content may remain on the systems ofFloree and on the Platform to the extent that your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual requests deletion or blocking of the personal data in accordance with applicable law.

Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY): The subsection “LIMITATION OF LIABILITY” is deleted and replaced by the following text:

“To the fullest extent permitted by applicable law, neither party ofFloree be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to loss of profits or data, resulting from the use of, or inability to use, the Platform or the performance of the products purchased through the Platform or the behavior of other Users of the platform (on or offline), or attending an event ofFloree or partners ofFloree, or User Content or other activities in connection with the use of the Platform, even ifFloree has been advised of the possibility of such damage. IfFloree is held liable to you for any damage or loss in any way related to your use of the Platform or the Content, the liability ofFloree not exceed USD 100.00 or Euro 100.00 if you reside in Europe, without prejudice to any applicable law.”

Section 10 (DISPUTES/ADDITIONAL TERMS): oThe first item under the subsection “CHOICE OF LAW/JURISDICTION” is deleted in its entirety.

​

EUROPEAN COUNTRIES

The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms that apply to European countries.

Article 10 (DISPUTES/IMPORTANT DISCLAIMERS): This article is amended as follows:

The paragraph entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last bullet point on bringing claims, which remains unchanged):

“Choice of law/Jurisdiction

  • You agree that this Platform, the Terms and any dispute between you andFloree are governed in all respects by Dutch law, without regard to applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

  • Except where prohibited, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including without limitation the purchase of Floreeproducts) will be dealt with exclusively by the competent court in Amsterdam, the Netherlands.

​

AUSTRIA

Article 10 (DISPUTES / ADDITIONAL TERMS): This article is replaced by the version below for European countries, except that the following is added at the end:

“All claims must be brought within three (3) years after the claim arises.”

​

BELGIUM

Article 3 (POSTING CONTENT ON THE PLATFORM): this Article is amended as follows:

The first bullet point paragraph under the paragraph entitled “USER CONTENT LICENSE” is deleted in its entirety and replaced by the following:

“You grantFloree a non-exclusive, perpetual (at least for the duration of the legal protection of the intellectual property rights/portrait rights that may subsist in the User Content), transferable, sublicensable, royalty-free, worldwide license to use such User Content that you post on or in connection with with the Platform, including the likeness of any person appearing in the User Content, or any concepts or ideas contained in the User Content, for any purpose whatsoever, including commercial, promotional and operational use, including the right to translate these rights , display, reproduce, modify, create derivative works from, sublicense, distribute and transmit.”

The paragraph entitled “LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS” is deleted in its entirety and replaced by the following:

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You grantFloree a perpetual (at least for the duration of the legal protection of the intellectual property rights/portrait rights that may exist in the comments, feedback and ideas), worldwide license to use any comments, feedback and ideas that you may share with us, without notice , compensation or acknowledgment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving products and services.”

​

FRANCE

Article 5 (COPYRIGHT INFRINGEMENT): The second paragraph of this Article is deleted in its entirety and replaced by the following:

"If you believe that your work has been unlawfully copied to the Platform in such a way that it constitutes infringement, we ask you to provide us with the following information:

(1) date of notification;

(2) if the complainant is a natural person: name, surname, profession, address, nationality, date and place of birth;

(3) if the complainant is a legal entity: name, legal form, registered office and the entity legally representing it;

(4) name and address of the recipient, or if this is a legal entity, name and registered office;

(5) a description of the facts and the exact location;

(6) the reasons why the content should be removed, including relevant legal articles and justifications of fact; and

(7) a copy of correspondence sent to the author or editor of the disputed information or activity requesting its discontinuation, withdrawal or modification, or an explanation that the author or editor could not be reached.”

Article 9 (IMPORTANT DISCLAIMERS): This Article is amended as follows:

The paragraph entitled “Indemnity and dismissal” is deleted in its entirety and replaced by the following:

“Indemnity. You agree toFloree Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (hereinafter referred to as the “Floree Parties”), indemnify, defend and hold harmless all claims, damages, liabilities and costs, including without limitation attorneys' fees, arising out of or in any way connected with your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or towards other users of the Platform, or any breach of these Terms of Use, the law or the rights of a third party.”

The paragraph entitled “LIMITATION OF LIABILITY” is deleted entirely.

Article 10 (DISPUTES/ADDITIONAL TERMS): the paragraph under the heading

“CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following:

 “CHOICE OF LAW/JUDICIAL POWER

Nothing in this article shall deprive you of consumer protection under mandatory law of the country in which you reside.

  • You agree that this Platform, the Terms and any dispute between you andFloree are governed in all respects by Dutch law, regardless of applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

  • Except where prohibited, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including without limitation the purchase ofFloreeproducts) will be dealt with exclusively by the competent court in Amsterdam, the Netherlands.

  • If you have a complaint, please contact uscontact with us. If you believe that your complaint has not been handled satisfactorily, you can - but are not obliged - to use the Online Dispute Resolution (ODR) platform, which you can access viahttp://ec.europa.eu/odr.  In addition, you have the right to initiate a mediation procedure by contacting the mediator(s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69),http://www.mediationconso-ame.com/. The mediator(s) will independently and impartially attempt to find an amicable solution to the dispute. In mediation, each party is free to accept or reject the solution proposed by the mediator.”

​

GERMANY

Article 7 (IMPORTANT DISCLAIMERS): This Article is amended as follows:

The third bullet point in the summary box is deleted in its entirety and replaced by the following:

“Floree is not responsible for any damage whatsoever (with the exception of liability for intent and gross negligence byFloree and for bodily harmFloree) as a result of your interactions with other users. Please be responsible and take precautions when interacting with people you do not know.”

The final bullet point paragraph entitled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced by the following:

“To the maximum extent permitted by applicable lawFloree not responsible or liable for any damage whatsoever (with the exception of liability for intent and gross negligence byFloree and for bodily harmFloree) that you may suffer as a result of your use or inability to use the Platform.”

The paragraph entitled “DISCLAIMER OF WARRANTY”, including all bullet points therein, is deleted in its entirety.

Article 9 (INDEMNIFICATION / LIMITATION OF LIABILITY): This article is amended as follows:

The paragraph entitled “INDEMNIFICATION AND DISMISSAL” is deleted entirely.

The paragraph entitled “LIMITATION OF LIABILITY” is deleted in its entirety and replaced by the following:

“LIMITATION OF LIABILITY. Any liability ofFloree and its affiliates and their officers, directors, shareholders, employees and agents (the “Indemnified Parties”) is limited to cases of intent or gross negligence. In cases of minor negligence, the Indemnified Parties are only liable if there is a breach of an essential contractual obligation, the breach of which jeopardizes the purpose of the contract or the fulfillment of which is necessary to achieve this purpose, and on which fulfillment the consumer relies (so-called “principal obligations”). In this case, liability is limited to damage that is typical and foreseeable. This limitation of liability does not apply to product liability claims or in the event of personal injury or death.”

Article 10 (DISPUTES / ADDITIONAL TERMS): This article is replaced by the above version for European countries, except that the following is added at the end:

“All claims must be brought within two (2) years after the claim arises.”

​

HUNGARY

Introductory Paragraphs: The second bullet point in the first article above entitled “Terms of Sale” is amended by adding the following:

“These Terms constitute an implied agreement between you andFloree, unless they otherwise meet the requirements of written agreements under Hungarian law."

​

ITALY

Article 7 (IMPORTANT DISCLAIMERS): This Article is amended as follows:

The final bullet point paragraph entitled “PHYSICAL ACTIVITY” is deleted in its entirety and replaced by the following:

“To the maximum extent permitted by applicable lawFloree not responsible or liable for any damage suffered by you as a result of your use or inability to use the functions on the platform, except in the case of fraud or gross negligence byFloree.“

The paragraph under the heading “INTERACTIONS WITH USERS” is deleted in its entirety and replaced by the following:

“USER INTERACTIONS. We are not responsible for your interactions with other users of the Platform or for any damage or harm you may experience as a result of these interactions, except in the event of fraud or gross negligence byFloree. 

Please be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting someone else in person, consider doing your research, bringing a friend, choosing a public location, and letting someone know where you are.Floree is not obliged to intervene in disputes between users (but may do so at its own discretion), except in cases of fraud or gross negligence byFloree.”

Article 10 (DISPUTES/ADDITIONAL TERMS): the paragraph entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last bullet point on bringing claims, which remains unchanged):

“Choice of law/Jurisdiction

  • You agree that this Platform, the Terms and any dispute between you andFloree are governed in all respects by Dutch law, without regard to applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, except for any statutory provisions that may apply regardless of any other choice of law.

  • Except where prohibited, and without limiting any statutory rights for consumers, you agree that any and all disputes, claims and legal proceedings, arising directly or indirectly out of or in connection with this Platform (including without limitation the purchase ofFloreeproducts) will be dealt with exclusively by the competent court in the place where you live or are established.

​

POLAND

Article 10 (DISPUTES/ADDITIONAL TERMS): The paragraph entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last bullet point on bringing claims, which remains unchanged):

 “Choice of law/Jurisdiction

  • The Platform, the Terms and any disputes between you andFloree shall be governed in all respects by the laws of Poland.

  • All disputes, claims and legal proceedings arising directly or indirectly out of or in connection with this Platform (including but not limited to the purchase ofFloreeproducts) will be resolved in the competent courts according to applicable law.”

​

SWITZERLAND

Article 10 (DISPUTES/ADDITIONAL TERMS): the paragraph entitled “CHOICE OF LAW/JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last bullet point on bringing claims, which remains unchanged):

“Choice of law/Jurisdiction

  • You agree that this Platform, the Terms and any dispute between you andFloree shall be governed in all respects by the substantive laws of Switzerland, without regard to any applicable law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods.

  • You agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with this Platform and these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the city of Zurich, Switzerland.”

bottom of page