Terms and Conditions
Terms and Conditions flowbird – June 2021
AT A GLANCE
These conditions apply to the access to the Services & Products and use of Flowbird Mobile F.Suite solution.
Access to the F.Suite allows You to have access to Services & Products that are available in specific locations. In particular, these Services & Products are provided under a Third Party Provider brand or, as the case may be, made accessible under the Flowbird Mobile's, Flowbird, and Yellowbrick brands. You can find more information on this page.
In regards to Third Party Provider Services & Products, You enter into contracts directly with the Third Party Provider with whom Flowbird Mobile acts as an intermediary to enable You to request and receive those Third Party Provider Services & Products. You hence acknowledge that Third-Party Provider Services & Products are provided by Third Party Providers and in no case by Flowbird Mobile.
Flowbird Mobile may require You to accept additional terms that govern your use of the F.Suite.
Please read the current terms carefully. They contain information about the Services, your rights, and other important information.
Please note that not being totally focused on the road can be dangerous and Flowbird Mobile warmly advises You not to use any of the F.Suite modules whilst driving. In any case, it is strictly forbidden to non-verbally interact with the F.Suite until You’ve stopped.
PLEASE READ THESE GENERAL TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
These General Terms & Conditions as amended from time to time set forth the terms and conditions under which Flowbird Mobile may make the Services & Products available to You. In this regard, Your access and use of the F.Suite is subject to these Terms. These Terms must hence be read and agreed by You before Your access to the F.Suite and Your ability to use the Services or order the Products.
Your agreement to these Terms establishes a contractual relationship between You and Flowbird Mobile. If You do not agree to these Terms, You may not access the F.Suite and be able to benefit the Services & Products provided through the F.Suite.
These Terms expressly supersede prior agreements or arrangements that You and Flowbird Mobile may have related to the same purpose.
Be aware that Supplemental Terms may apply to some or all Services & Products in case, for instance and without limitation, of a particular event, activity or promotion, dedicated Services & Products to certain locations. Such Supplemental Terms will be disclosed to You and shall be accepted by You before having access to the Services & Products on which such Supplemental Terms apply.
Supplemental Terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services & Products, after having been read and agreed to by You. Except otherwise specified within the Supplemental Terms, the latter shall prevail over these Terms in the event of a conflict with respect to the applicable Services & Products.
Flowbird Mobile may amend the Terms from time to time. Amendments will be communicated to You. Unless otherwise specified in the said information notice, and except otherwise required by the law the amended Terms will be effective immediately. In this regard, Your continued access to and use of the F.Suite after Flowbird Mobile provide such notice will confirm your acceptance of the changes. If You do not agree to the amended Terms, You must stop accessing and using the Services. If required by the law, You would be requested to accept those amendments before accessing the F.Suite and/or using the Services.
You acknowledge that You are and remain free at all time to use or not to use the F.Suite.
In any case, Flowbird Mobile may provide to any legal advisor or any insurer all necessary information (including Your contact information) if there is a complaint, dispute or conflict, and only if such information or data is necessary to resolve the complaint, dispute or conflict.
2.1 Flowbird Mobile: means the entity You are contracting with under this agreement for the access to the F.Suite , and, as the case may be the use of the Services. Flowbird Mobile [company info to be added ].
2.2 Third Party Provider or TPP: means third party providers, including Flowbird Mobile Hub, with which Flowbird Mobile cooperate in order for You to be allowed to request TPP Services and/or TPP Products via the F.Suite. For sake of clarity, Flowbird Mobile is not in charge of providing to You TPP Services nor TPP Products, only TPP are. You can find the list of available TPP Services here.
2.3 Flowbird Mobile Hub: means the TPP local entity by which the F.Suite is locally made available, promoted and supported. You can find the list of Flowbird Mobile Hub here.
2.4 F.Suite: means the complete technological solution provided by Flowbird Mobile that enables You to have access to the Services and Products.
2.5 You: means you as an individual using the F.Suite for your own private or business needs as per described in these Terms.
2.6 Terms: means the present Terms amended from time to time and the potential Supplemental Terms applicable to dedicated Services, Products and/or locations.
2.7 Supplemental Terms: means any additional, specific applicable terms that you may have to accept from time to time related to Services & Products.
2.8 Services: means Flowbird Mobile Services you have access to and also TPP Services that You can request by using the F.Suite. Services are displayed through the F.Suite and the availability of such Services might depend on the country and exact location. Flowbird Mobile is entitled at any time to change the Services in whole or in part, in particular to make new Services available or to discontinue some Services.
2.9 TPP Services: means services carried out by a TPP, including the possibility to buy TPP Products, and available for You to request by using the F.Suite. You can find the list of available TPP Services here.
2.10 Flowbird Mobile Services: means services that are not TPP Services such as the access to the F.Suite. This includes the Mobile App, the Website, the billing service, e-ticketing delivery, access to TPP Services, account management, payment processing.
2.11 Flowbird Mobile Hub Services: means services provided by any Flowbird Mobile Hub to You through the F.Suite. Those Services are directly performed by Flowbird Mobile Hub under Flowbird Mobile trademarks. You can find the list of available Flowbird Mobile Hub Services here.
2.12 Products: means any goods that can be ordered by You through the F.Suite. Those goods can be provided either directly by Flowbird Mobile or any TPP, as the case may be.
2.13 TPP Products: means goods sold by TPP via the F.Suite.
2.14 Flowbird Mobile Hub Products: means goods directly sold by Flowbird Mobile Hub. You can find the list of available Flowbird Mobile Hub Products here.
2.15 Account: means the personal user account You or Your Administrator might create for You to be able to request the Services and/or Products to use for your private use or, as the case may be, and if declared as such, for your professional use.
2.16 Access Interfaces: means the mean of access of the F.Suite as specified in clause 4.2. hereafter.
2.17 Administrator: means the representative of Your employer and/or company contracting the Business Fleet Offer with Flowbird Mobile and might create an Account You can have access to. You confirm You have been made aware and would comply with your employer and/or company internal policies regarding the usage of the F.Suite for business purposes.
3. Services & Products
F.Suite enables You to access Services and Products made available, in specific locations, such as, and without limitation, parking or eV charging.
Unless otherwise agreed by Flowbird Mobile in a separate written agreement with You, the F.Suite is made available solely for your personal usage.
4. Access to the F.Suite
In order for You to get the best experience out of the F.Suite and full access to available Services & Products, You must register, or be registered by Your Account Administrator, and maintain an active Account as a private individual (whether for personal or professional purposes).
You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account and have access to the Services & Products.
Account registration requires you to submit to Flowbird Mobile certain personal and, as the case may be, company information, such as Your name, address, mobile phone number, license plate, company name (in case of business usage), as well as at least one valid authorized payment method.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, may result in your inability to access or use the Services & Products.
You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You are solely responsible for use of your Account and You agree to notify Flowbird Mobile Hub immediately in the event of any unauthorized use. Unless otherwise permitted by Flowbird Mobile in writing, you may only possess one Account.
You acknowledge that You are responsible to provide all required and accurate information to perform the transaction properly.
Your recent transaction details can be found within Your Account.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the F.Suite, and You may only access or use the F.Suite for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage, whether to Flowbird Mobile (or any of its affiliates), to the TPP or to any other third-party. In certain instances You may be asked to provide proof of identity or other method of identity verification to access or use the Services & Products, and You agree that You may be denied access to or use of the F.Suite and/or Services & Products if You refuse to provide proof of identity or other method of identity verification.
You are responsible for complying with all law, regulations, restrictions, rules, policies and terms applicable to the Services & Products and especially to the relevant TPP Services & Products, which shall take precedence over any information that you receive from Flowbird Mobile.
4.2 Access Interfaces
You can access the F.Suite via one of the Access Interfaces made available to You, including – as far as applicable – mobile applications, the Flowbird Mobile web page, text messaging/SMS, Interactive Voice Recognition (IVR) by telephone, in-car applications, access card or token and License Plate Recognition (LPR). Check what are the Access Interfaces currently available here.
Access Interfaces are under continuous development and may be updated from time-to-time or discontinued at Flowbird Mobile sole discretion.
You must follow the Access Interfaces instructions at all times and keep your Access Interfaces up-to-date.
4.3 Products required for some Services
Where applicable, Flowbird Mobile Hub are sometimes required to provide you with Products (as an identification card) for You to be able to benefit TPP Services. When specified as such, these Products remain Flowbird Mobile Hub’s property. In this case, if You lose them You undertake to immediately inform Your local Flowbird Mobile Hub.
In any case, Flowbird Mobile Hub may charge You additional fees to replace these Products.
4.4 Network Access
You are aware that access to the F.Suite and Services & Products through the F.Suite requires the proper network access for which You admit being responsible. Your mobile network’s data and messaging rates and fees may apply if you access or use the F.Suite from Your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the F.Suite and benefit the Services & Products and any updates thereto.
Flowbird Mobile does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Your Contents
Flowbird Mobile may, in Flowbird Mobile’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to Flowbird Mobile through the F.Suite contents and information, including commentary and feedback related to the Services, Products and/or the F.Suite, initiation of support requests, and submission of entries for competitions and promotions (“Your Content”). Any of Your Content remains Your property. However, by providing Your Content to Flowbird Mobile, you grant Flowbird Mobile a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner Your Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Flowbird Mobile’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that:
(i) You either are the sole and exclusive owner of all Your Content or you have all rights, licenses, consents and releases necessary to grant Flowbird Mobile the license to Your Content as set forth above; and
(ii) neither the Your Content nor Your submission, uploading, publishing or otherwise making available of Your Content nor Flowbird Mobile’s use of Your Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Your Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Flowbird Mobile in their sole discretion, whether or not such material may be protected by law. Flowbird Mobile may, but shall not be obligated to, review, monitor, or remove Your Content, at Flowbird Mobile's sole discretion and at any time and for any reason, without notice to You.
6. Your Feedback
As Flowbird Mobile respects your rights to Your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Flowbird Mobile or any of its affiliates. For any ideas, information, or suggestions You do submit, regardless of what Your communication regarding Your submissions says, You understand that Your submissions are voluntary and the following terms shall apply to Your submissions: (i) Your submissions and their contents will automatically become the property of Flowbird Mobile, without any compensation to You; (ii) Flowbird Mobile has no obligation to review Your submissions; (iii) Flowbird Mobile may implement and distribute any portion of Your submissions and their contents for any purpose in any way, without any compensation to You; and (iv) Flowbird Mobile has no obligation to keep Your submissions confidential.
7. Fees & Payment
Services & Products fees are specified before You validate Your request. The transaction would be considered as binding for the TPP only once You have it confirmed in writing (e.g. receipt, invoice or transaction registered in your Account). Should You suffer undue billing, You would be able to contest proven undue payment within 60 days from the transaction.
If you wish to amend an on-going transaction, You or, as the case may be, Your Account Administrator can manage it here: https://my.flowbirdapp.com/. In case of any difficulties, please contact us at: https://flowbird.pl/contact/.
As part of the Services, Flowbird Mobile may send you reminders, alerts, or critical notifications via any written means such as push notification, text message, email. You acknowledge and agree that the reception of any reminder is not guaranteed and that you are responsible for the timely activation or deactivation of a Service where permitted. Flowbird Mobile shall have no liability for any damages and costs you incur from not receiving notifications on time or at all.
TPP Services & Products fee and applicable taxes shall be in the currency of the country where the Service is performed.
TPP Services & Products fees are set up by TPP themselves and could be based on parameters, such as, and without limitation, location, time of day, day of the week, special events, and that these variances are beyond Flowbird Mobile's control and may not be reflected in the F.Suite in a timely manner. Hence, Flowbird Mobile cannot be held responsible for any price variances.
As all specific rates proposed by the TPP are not always made available through the F. Suite, if You believe that You can benefit from specific conditions for certain TPP Services & Products, it is Your responsibility to check that these conditions are taken into account before confirming Your transaction.
Flowbird Mobile are under no obligation to provide a refund or cancel transaction, unless there is a proven system error on our part.
7.2. Payment Method
You must select the payment method of Your preference from the options available per specific location and/or Services & Products. You acknowledge that for some Services & Products or in certain location different payment method than the one You have chosen might be required.
By accepting those Terms you undertake to have and maintain sufficient funds available to use the F.Suite benefit the Services & Products. Should You not be able to comply with this obligation, Flowbird Mobile reserve their right to immediately terminate the contractual relationship with You and close or block Your Account.
Flowbird Mobile would invoice Services & Products to You on behalf of TPP including, when applicable, Flowbird Mobile Hub.
Depending on the possibility per Services & Products and/or per location and, as the case may be, depending on Your choice, fees would be charged by TPP either per transaction or on a periodic basis.
In addition to the relevant TPP Services & Products that would be charged, additional Services might be charged by Flowbird Mobile Hub such as registration fee, administration fee, transaction fee, convenience fee and/or recurrent subscription fee which we may change from time to time.
By accepting the Terms and using F.Suite You already acknowledge and accept that Your local Flowbird Mobile Hub might collect Services & Products fee on behalf of other TPP, especially when You use the F.Suite abroad.
For the sake of clarity, Your local Flowbird Mobile Hub would be considered as Your country of residence Flowbird Mobile Hub.
For more details on the Flowbird Mobile Hub fees please consult the app or, as the case may be, your Account Administrator.
When enabled, and in order to check your International Bank Account Number (IBAN), a very small amount e.g. € 0,01 might be charged from your IBAN during the registration process.
You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any payment method and Flowbird Mobile would have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with Your chosen payment method.
Should you not pay the fees related to Your transaction or unduly instigate a refund request, Flowbird Mobile would be entitled to immediately suspend Your account and/or access to the F.Suite, without prejudice to our further statutory rights.
Your local Flowbird Mobile Hub might decide to apply an administrative fee of $15.00 or €15.00 in case the transaction payment is rejected for whatever reason such as, and without limitation, insufficient funds available, cancellation of your Payment Method.
In addition, Your local Flowbird Mobile Hub might decide to engage a third party for (credit)collection, whereas the collection costs and interest on the outstanding amounts will be borne by You. In such a situation Your account might be blocked upon sole Flowbird Mobile’s discretion.
7.5 Promotional Codes
Flowbird Mobile may, in Flowbird Mobile's sole discretion, create promotional codes (“Promo Codes”). You agree that Promo Codes:
(i) must only and strictly be used by You and for the purpose specified by Flowbird, and in a lawful manner,
(ii) may not be duplicated, sold or transferred in any manner, or made publicly available, unless expressly permitted by Flowbird Mobile,
(iii) may be disabled by Flowbird Mobile at any time for any reason without liability to Flowbird Mobile,
(iv) may only be used pursuant to these Terms and pertaining Supplemental Terms,
(v) are not valid for cash nor for refund,
(vi) may expire prior to Your use.
Flowbird Mobile reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that Flowbird Mobile reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of these Terms and/or Supplemental Terms.
8. Commercial Electronic Messaging
By creating an Account, You agree that Flowbird Mobile or its affiliates may send You electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of Your use of the Services. You agree that Flowbird Mobile and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impractical (including for push notifications). However, You may opt in or out of receiving commercial or Services reminder electronic messages from Flowbird Mobile at any time in Your Account.
You also acknowledge that opting out of receiving commercial electronic messages may impact Your use of the F.Suite. You cannot unsubscribe from system messages, including receipts, order confirmations and support responses.
9. Customer support
If you have any questions about our Services, the website, these Terms and Conditions, or anything other related to our Services, you can contact us here.
Subject to Your compliance with the Terms, Flowbird Mobile grant You a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use of the F.Suite on Your device solely for Your use and for You to access and use information made available through any rights not expressly granted herein are reserved by Flowbird Mobile and Flowbird’s licensors.
Flowbird Mobile reserve all rights not expressly granted in these Terms. The F.Suite, Services, Products, and all data gathered through the F.Suite, including all intellectual property rights in all of the foregoing, are and remain Flowbird Mobile's property or the property of their licensors.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the F.Suite and/or Services & Products;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the F.Suite and/or the Services and/or Products except as expressly permitted by Flowbird Mobile;
(iii) decompile, reverse engineer or disassemble the F.Suite except as may be permitted by applicable law;
(iv) link to, mirror, or frame any portion of the F.Suite and/or the Services and/or the Products;
(v) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the F.Suite and/or Services and/or the Products; or
(vi) attempt to gain unauthorized access to or impair any aspect of the F.Suite and/or Services or its related systems or networks.
11. Data privacy
By accepting the Terms and using the F.Suite, You acknowledge and agree that Flowbird Mobile collect, use and disclose information from or about You as described here. Additional privacy notices may apply, including from third-party controllers, especially for TPP Services.
Some pages on our F.Suite include links to third-party websites. These third-party sites are governed by their own privacy statements, and Flowbird Mobile are not responsible for their operations, including but not limited to their information practices. You should review the privacy statement of those third-party sites before providing them with any personally identifiable information
12. App Stores
You acknowledge and agree that the availability of the F.Suite may be dependent on the third party from which you received the F.Suite license, e.g., the Apple iPhone or Android app stores (“App Store”).
You acknowledge and agree that this Agreement is between You and Flowbird Mobile and not with the App Stores and that Flowbird Mobile is responsible for providing You the access to the F.Suite as described in this Terms.
However, if you downloaded the F.Suite from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Term. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Terms against You as a third-party beneficiary thereof.
This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES & PRODUCTS FROM TPP THROUGH THE USE OF THE F.SUITE DOES NOT ESTABLISH FLOWBIRD MOBILE AS A PROVIDER OF THOSE SERVICES & PRODUCTS.
THE SERVICES & PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." FLOWBIRD MOBILE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FLOWBIRD MOBILE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE F.SUITE OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE F.SUITE, OR THAT THE F.SUITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
THE GEOLOCATION SERVICE IS PROVIDED TO YOU AS A REFERENCE ONLY. YOU SHOULD ALWAYS CHECK THE ACTUAL LOCATION PRIOR TO FINALIZING A TRANSACTION. FLOWBIRD MOBILE ACCEPT NO RESPONSIBILITY FOR A TRANSACTION PERFORMED USING AN INCORRECT LOCATION.
FLOWBIRD MOBILE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE TPP SERVICES & PRODUCTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE F.SUITE, AND ANY SERVICES OR PRODUCTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU.
FLOWBIRD MOBILE DO NOT CONTROL, MANAGE OR DIRECT ANY TPP. TPP ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF FLOWBIRD MOBILE.
FLOWBIRD MOBILE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY OF YOUR CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SOLUTION AND/OR SERVICES. FLOWBIRD MOBILE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SOLUTION, THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FLOWBIRD MOBILE AND THE TPP ACCEPT NO LIABILITY TO COMPLETE ANY TRANSACTION WHICH CANNOT BE CLEARED BY OUR PAYMENT PROCESSORS, WHETHER BECAUSE THERE ARE INSUFFICIENT FUNDS AVAILABLE ON YOUR PAYMENT METHOD OR OTHERWISE.
14. Limitation of Liability.
Nothing in these Terms limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or alter your rights as a consumer that cannot be excluded under applicable law.
Flowbird Mobile can not be liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution, or otherwise for any of the following connected to the use of the F.Suite: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
Flowbird Mobile are not liable for:
(i) damages or losses arising from any transaction between You and a TPP; or
(ii) the availability and accuracy of the content, products or services of the TPP.
(iii) delay or failure in performance resulting from causes beyond our reasonable control.
Flowbird Mobile total liability to You for usage of the F.Suite (and not in relation to any other arrangements between You and Flowbird Mobile for which the liability arrangements are governed by way of separate agreement) shall not exceed five hundred euros (500 euros).
To the extent permitted by law, Flowbird Mobile exclude all warranties and disclaim all liability for any act or omission by You or any third party, including TPP.
You agree to indemnify and hold Flowbird Mobile and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with:
(i) Your use of the F.Suite or Services & Products obtained through your use of the F.Suite;
(ii) Your breach or violation of any of the Terms;
(iii) Flowbird Mobile's use of Your Content; or
(iv) Your violation of the rights of any third party, including TPP.
16. Force Majeure
In any case, Flowbird Mobile shall not be held responsible in case a force majeure event appears. Shall inter allia and without limitation be considered as a force majeure event any breach due to third party that are not under the Flowbird’s Mobile or TPP’s control and/or any external causes or circumstances beyond the reasonable control of Flowbird’s Mobile or TPP’s including, without limitation: acts of God, flood, drought, fire, earthquake or other natural disaster, social conflicts, intervention by civil or military authorities, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, epidemic, pandemic, interruption or failure of utility service, telecommunications network or power supply, cyber-attack.
Flowbird Mobile may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the F.Suite or any Services & Products or any portion thereof, at any time for any reason.
Our ability to suspend, limit or close your Account does not limit or exclude other remedies Flowbird Mobile and/or TPP may have if You are otherwise in breach of this Agreement.
18. General Provision
Flowbird Mobile may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without Your prior consent, provided this will not lead to a reduction of the rights You are entitled to by virtue of these Terms or by law.
You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as Your use of the F.Suite is personal, unless agreed otherwise in writing by Flowbird.
18.2 Disposition Invalidity
The invalidity of any clauses in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.
18.3 Applicable Law and Dispute resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in Your country of residence contain provisions that are more beneficial for You, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Should any dispute arise related to the F.Suite or the Terms, You agree to first seek for amicable settlement by using customer service. In case You and Flowbird Mobile do not find an agreeable settlement within sixty (60) days from Your request for amicable settlement, You may bring judicial proceedings relating to the F.Suite before a competent Dutch court. If you reside in the EU you may also bring judicial proceedings relating to the F.Suite before the competent court of Your country of residence. If You reside in the EU, Flowbird Mobile may only bring judicial proceedings against You in Your country of residence, unless you are acting as a business in which case you agree to submit to the exclusive jurisdiction of the Dutch courts and agree that English shall govern any dispute.
By accepting these Terms, You agree to be bound by these Terms.