“Oneflow” means Oneflow AB, SE 556903-2989, Regeringsgatan 111 A, 111 39 Stockholm, Sweden. “Oneflow” also means the online, web-based applications and platforms provided by Oneflow from time to time via https://oneflow.com, and/or other designated websites, and as described in any user information or guidance.
“Oneflow Material” means all material provided to you by Oneflow prior to and during your use of Oneflow, including all software, any user guide, and any other written communications that are commercially sensitive to Oneflow.
“Intellectual Property Rights” means intellectual and industrial property rights conferred on a party or recognized at law in any territory throughout the world including any copyright, trademark, business name, patent, innovation concept, formula, trade secret, method, circuit layout, invention, and any other results of intellectual activity in any field of industry or endeavour and includes (a) the right to have any confidential information kept confidential, (b) any right to use an Intellectual Property Right owned by a third party where the terms of that right of use or licence permit a use of that Intellectual Property Right as contemplated under the Terms.
“Malicious Code” means viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files, scripts, agents, or programs.
“Register” means registration as a user of Oneflow, and includes the act of registration on behalf of any person, corporation or any other legal entity as a user.
“Third-Party Applications” means online, web-based applications and offline software products or services that are (a) provided by third parties, (b) interoperate with Oneflow, and (c) may be either separate or conjoined with Oneflow, whether or not they are identified to you by Oneflow as third-party applications.
“you” means any party who is Registered. Where there is more than one party involved in that instance of Registration, those parties are jointly and severally liable to Oneflow. The expression includes your personal representatives, employees and agents, and in the case of a corporation or any legal entity the expression includes the employees, agents and successors of the corporation.
“your Data” means all content, data or information processed and/or submitted by you making use of Oneflow, whether that content, data or information is submitted by you, or being content, data or information that is intended by you to be processed by using Oneflow.
2.1. Provision of Oneflow. Oneflow will make Oneflow available to you under the Terms, and under any applicable service level guarantee provided by Oneflow.
3. USE OF THE SERVICES
3.1. Your Responsibilities. You acknowledge that you will (a) be responsible for your compliance with the Terms, (b) be solely responsible for the accuracy, quality, integrity and legality of your Data and of the means by which you acquired your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Oneflow, and promptly notify Oneflow of any such unauthorized access or use, and (d) use Oneflow only in accordance with applicable laws and government regulations.
3.2. Use of Oneflow. You must not (a) make Oneflow available to anyone else other than as permitted in these Terms; (b) sell, resell, rent or lease access to Oneflow; (c) use Oneflow to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) use Oneflow to store or transmit Malicious Code; (e) interfere with or disrupt the integrity or performance of Oneflow or any Third-Party Applications; or (f) attempt to gain unauthorized access to Oneflow or Oneflow’s related systems or networks. You may not access Oneflow to monitor it’s availability, performance or functionality unless the reason for you doing so is to assess Oneflow for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
3.3. Usage Limitations. Oneflow may be subject to usage limitations, such as, for example, limits (a) on the number of administrative users; (b) for Oneflow that enable you to provide you Data to other end users, on the amount of your Data disclosed by you to such end users. You must comply with any usage limitations specified in connection with Oneflow. You acknowledge that Oneflow provide information to enable you to monitor your compliance with usage limitations.
3.4. Prohibited Access. You agree not to access or attempt to access Oneflow using any portal, interface or means other than the interfaces and application programming interfaces provided by Oneflow. Unless Oneflow authorizes you to do so, you agree that you will not access Oneflow using automated means (including the use of scripts and web crawlers). You must also comply with any directives Oneflow may make in respect of Oneflow using a Robots Exclusion Protocol, robots.txt file, or Robots Exclusion Standard.
3.5. Access Information. You must keep your passwords and the user identification you use to access the Oneflow’s services secure. You are solely responsible to Oneflow for all activities that occur in respect of your Oneflow user account, and if you become aware of unauthorized use of your Oneflow user account, you agree that you will notify Oneflow immediately.
4. THIRD-PARTY APPLICATIONS
4.1. Third-Party Applications and Services. Except as specified by Oneflow in these Terms, Oneflow makes no warranties or representations with respect to any Third-Party Applications.
4.2. Third-Party Applications and your Data. You acknowledge that Oneflow may allow providers of Third-Party Applications to access your Data as required for the interoperation of those Third-Party Applications with Oneflow.
5. PROPRIETARY RIGHTS
5.1. Reservation of Rights. Subject to the limited rights granted to you in the Terms, Oneflow reserves all other rights, title, and interest in the Oneflow Material and to Oneflow, including all Intellectual Property Rights in the Oneflow Material and Oneflow. You acknowledge no rights are granted to you other than the usage rights for Oneflow expressly set out in the Terms.
5.2. Restrictions. You shall not (a) permit any third party to access Oneflow, except as permitted in the Terms; (b) copy, modify, create derivate works of, reverse engineer, decompile, or otherwise attempt to extract the source code of any software in respect of Oneflow and Third-Party Applications; (c) copy, frame, or mirror any part or content of Oneflow or Third-Party Applications, other than copying or framing on your Data for your own internal business purposes; (d) reverse engineer Oneflow or Third-Party Applications; (e) access Oneflow or Third-Party Applications to build a competitive product or service, or (f) copy any features, functions, or graphics of Oneflow and/or Third-Party Applications.
5.4. Trademarks. (a) Oneflow has the non-exclusive right, during the term and worldwide, to upload, publish and use any trademarks (including any logos) uploaded by you in connection with Oneflow, in order to make the trademarks visible through Oneflow to you, and to any other third party user which you grant access to your Data. You warrant that you are the owner of such trademarks, or otherwise have the right to grant the rights granted to Oneflow in these Terms. You furthermore warrant that the trademarks and Oneflow’s right to use the trademarks to the Terms, do not imply or will not imply any infringement of a third party’s rights. You shall indemnify and hold Oneflow harmless against any claims against Oneflow in this respect. (b) You acknowledge that you may not use Oneflow’s trademarks, logos, domain names or brands to promote your network or services (or in juxtaposition to them), except where Oneflow, in writing, has otherwise authorized you to do so.
5.5. Suggestions. You grant to Oneflow a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into Oneflow any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of Oneflow.
6.1. Protection of Confidential Information. The parties undertake to keep all confidential information in respect of the parties’ business in strict confidence, and further undertake not to disclose any such information to third parties, and shall in all respects keep confidential and not at any time disclose to anyone any confidential information, except as may be required by law or applicable regulations.
6.2. Protection of your personal information and your Data. Oneflow will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of your personal information and your Data in accordance with Oneflow’s privacy policies as modified by Oneflow from time to time. Oneflow will not (a) modify your personal information or your Data; (b) disclose your personal information or your Data, except where the Terms permit or require that disclosure; or (c) access your personal information or your Data, except to provide Oneflow or prevent or address service or technical problems, or at your request in connection with customer support matters.
7. USE OF ONEFLOW
7.1 Use of Oneflow. You are entirely responsible for (a) your use of Oneflow, (b) the appropriateness and legality of all your Data, (c) safeguarding the privacy of any other users of Oneflow, and (d) safeguarding the Intellectual Property Rights of any users of your Data and the general public through your use and promotion of Oneflow.
7.2. Web Harvesting. You warrant that you (a) have adopted adequate policies and procedures to prevent retrieval of your Data from the network by web harvesting software bots, scripts, web crawlers or any other method of automated data retrieval (web harvesting); (b) will take appropriate technical measures to (i) block the IP addresses of web harvesting activity; (ii) identify the IP addresses or sources of web harvesting activity; (iii) monitor web harvesting activity; (iv) verify that any users of the Network are not engaged in web harvesting; and (c) will, if reasonably requested to do so by Oneflow, take action against illegitimate web harvesting activity if that activity is affecting the use, profitability, or effectiveness of Oneflow.
8. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
8.1. Warranties. You represent and warrant that (a) you have the legal power and capacity to enter into the Terms, and (b) you will not transmit Oneflow any Malicious Code.
8.2. Disclaimer. Except as specified in the Terms, Oneflow makes no warranties of any kind, whether express, implied, statutory or otherwise, and you specifically disclaim all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. You expressly understand and agree that your use of Oneflow is at your own risk and that Oneflow is provided “AS IS” and “as available”.
8.3. Limitation of Liability. In no event shall Oneflow be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profit, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of your Data. The total and maximum liability of Oneflow shall in no event exceed the accumulated fees and payments received by Oneflow for your use of Oneflow the calendar year prior to the date of any claim. Notwithstanding the foregoing, the limitations of liability shall not apply to damages attributable to gross negligence or intentional misconduct.
9. GENERAL PROVISIONS
9.1. Termination of Oneflow. Oneflow reserves the right to terminate your account at any time with a reasonable notice. You also have the option of cancelling your account at any time without penalty. In the event of account cancellation, Oneflow will delete all copies of your Data within reasonable time, unless Oneflow has obtained the expressly consent of you, or any third party your Data might relate to, to continue use and storage of such data.
9.2. Assignment. Neither party may assign any of its rights or obligations in the Terms, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign its rights under the Terms in its entirety, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party.
9.3. Amendments. Oneflow may amend these Terms from time to time. On each occasion Oneflow proposes such amendments, you will be notified.
9.4. Governing Law. The Terms, its interpretation, performance, and determination of issues connected with any breach of it will be construed in accordance with the laws of Sweden.
© Oneflow AB 2015.