Appendix 1 – Terms of Use for FlowEmo ApS

Welcome to FlowEmo ApS’ digital platform.

These Terms of Use (“Terms”) constitute a legally binding agreement between you and FlowEmo ApS and set out the conditions applicable to your use of the Platform and any related digital services.

1.    Access and user responsibility

When using the Platform, you accept these Terms and are responsible for all activity carried out through your user account.

Users must provide correct and up-to-date information and are responsible for the secure handling of login credentials.

FlowEmo may change passwords, restrict access or suspend users in cases of suspected misuse or security breaches.

2. Account creation and right of use

The User is granted a limited, non-exclusive and non-transferable right to use the Platform.

The User may not:

  • copy, share or publish content without prior written permission

  • attempt to manipulate, bypass security measures or obtain unauthorised access

  • use the Platform for unlawful or harmful purposes

3. Customer Data, ownership and confidentiality

All content, data and materials that the User or the Customer enters, uploads or generates on the Platform (“Customer Data”) shall remain the exclusive property of the Customer.

FlowEmo obtains no ownership rights to Customer Data and may only process such data to deliver, operate and improve the Platform’s functionalities.

The User/Customer may at any time export its data in the available formats.

FlowEmo shall treat Customer Data as confidential and may not disclose it to third parties unless:

  • the Customer explicitly provides written consent, or

  • FlowEmo is legally required to do so.

FlowEmo may not use Customer Data for any purpose other than providing the Platform.

4. Personal data

Personal data is processed in accordance with FlowEmo’s Privacy Policy, available at flowemo.com/privacy.

5. Unauthorised use and misuse

Misuse includes, but is not limited to:

  • installing or distributing harmful code

  • attempting unauthorised access

  • actions that impair the performance or security of the Platform

  • manipulation of data or system behaviour

FlowEmo may take action in the event of misuse, including suspending or terminating access.

6. Termination and access restrictions

FlowEmo may restrict or remove access in the event of material breach of these Terms.

The User will generally receive notice in advance, unless immediate action is required to protect the Platform’s operations, security or other users.

The User may cease using the Platform at any time.

7. Disclaimer

The Platform is provided “as is” without any warranties, whether express or implied.

8. Limitation of liability

FlowEmo shall not be liable for indirect losses, business interruption, loss of profit or consequential damages.

FlowEmo’s total liability is limited to the amount paid by the Customer during the last 12 months.

Force Majeure:

Neither Party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from an event beyond the reasonable control of that Party (a “Force Majeure Event”).

Such events include but are not limited to acts of God, fire, flood, storm, war, terrorism, government action, failure of telecommunications or power systems, or cyber-attack.

The affected Party shall notify the other Party promptly of the occurrence of a Force Majeure Event and shall use all reasonable endeavours to mitigate the effect of that event.

9. Ownership of the Platform

All content, code, structure, trademarks, materials and functionalities belong to FlowEmo or FlowEmo’s licensors.

This ownership is not transferred to the User.

10. Additional agreements

Certain features and services may be subject to separate agreements, which shall take precedence in the event of conflict.

11. External links

FlowEmo shall not be responsible for content or actions on external websites linked to via the Platform.

12. Indemnification

The User shall indemnify and hold FlowEmo harmless from any claims, losses or costs arising from the User’s breach of these Terms.

13. Electronic communication

The User agrees to receive notifications and communications electronically, including via email and through the Platform.

14. Changes to the Platform

FlowEmo may continuously modify, update or improve the Platform.

Changes affecting commercial terms or user rights will be notified in accordance with the notice provisions in the main Agreement.

15. Changes to the Terms

FlowEmo may update these Terms.

Changes that materially affect the User’s rights or obligations will be notified with no less than the notice period specified in the main Agreement.

16. Scope of the Agreement

These Terms constitute the entire agreement governing the User’s use of the Platform.

17. Governing law and dispute resolution

These Terms are governed by the laws of Denmark.

Any dispute shall first be attempted resolved through mediation and may thereafter be brought before the Court of Helsingør as the court of first instance.

18. Contact

FlowEmo ApS

Agern Allé 5A

2970 Hørsholm

E-mail: info@FlowEmo.dk