Terms of Use

These Terms of Use describe the terms and conditions under which you can use the Platform owned and operated by Decos. Your continued use of the Platform shall be considered your acceptance of these Terms of Use.

1. Definitions

In these Terms of Use, the following terms shall have the meanings set out below unless the context requires otherwise:

Account: your account created via the Platform

App: the Flo-app developed by Decos, downloadable via Google Play or Appstore

Decos: Decos Mobile Solutions B.V., Huygensstraat 30, 2201 DK Noordwijk, the Netherlands, being the owner and operator of the Platform. Decos is part of the Decos Technology Group (www.decos.com)

Platform: the App, the Website and the Services, together or separately as the case may be

Service: any paid or free-of-charge service provided by Decos, by electronic means, either on subscription basis, continuous basis or single basis

Terms of Use: these Terms of Use

User Generated Content: communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you post or otherwise make available on or through the Platform

Website: www.driveflo.com

2. Applicability

  • Your use of the Platform is subject to the terms and conditions set forth in these Terms of Use. By installing, using or accessing the Platform or any parts thereof, you accept these Terms of Use. If you do not accept these Terms of Use, do not install, use or access the Platform.
  • The Platform may contain links to websites, applications or other products or services operated by other companies (‘Third Party Platforms’). Decos does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Decos is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
  • Decos collects and uses personal data about you. Our Privacy- and Cookie policy, which is part of these Terms of Use, describes the collection and use of your personal data by Decos.
  • Decos may amend these Terms of Use from time to time. You will find the most recent version on the Website and in the App.

3. License

  • Decos grants you a non-exclusive, non-sub licensable and non-transferable license to use the Platform. You are not allowed to use the Platform for commercial purposes. Other than as expressly authorized by mandatory legislation or permitted through any technology or means made available by Decos through the Platform, you will not, and will not allow any person to, alter, distort or modify the Platform or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble it, to make other products derived from it, or to break or circumvent encryption or to allow or enable third parties to do so.
  • Decos at all times has the right to adapt the Platform, to change or remove data or information, to deny you the use of the Platform by terminating the license, to restrict the use of the Platform and/or to deny you access to the Platform in full or in part, temporarily or permanently.

4. Use of the Platform and liability

  • Your use of the Platform is at your own account and risk. You are responsible for any actions while using your Account. You shall keep your username and password secure and not allow anyone else to use your username or password to access the Platform. Decos is not responsible for any loss that results from the unauthorized use, with or without your knowledge, of your username or password.
  • The Platform is intended solely for users who are eighteen (18) years of age or older. You confirm and warrant that you are 18 or older.
  • The Platform may include features that promote physical activity. You must consider the risks involved and consult with your medical professional before engaging in any physical activity or using the Platform. Decos is not responsible or liable for any injuries or damages you may sustain that result from your use, or inability to use, the Platform.
  • If you contribute User Generated Content this must in no manner or way have any illegal or offensive (including sexist, pornographic, racist and/or discriminatory) content, or (otherwise) violate the privacy of third parties. You guarantee that no User Generated Content will infringe any (intellectual property) rights of third parties. You indemnify Decos and hold Decos harmless from and against any claims of third parties resulting from submitting such User Generated Content.
  • Decos cannot guarantee that the Platform will always be available or will always work without any interruptions, errors or defects, or that the information provided on the Platform is complete, correct and/or up-to-date.
  • Decos reserves the right temporarily or permanently to discontinue (parts of) the Platform, without prior announcement to you, and without you being able to derive any rights therefrom.
  • You must notify Decos immediately in the event you become aware of any access to or usage of the Platform and/or User Generated Content by third parties under your Account that you did not authorize, or any other possible breach in security.
  • Decos is not liable for any damage or personal injury resulting from any use of the Platform. This limitation of liability shall not apply if the liability is caused by intent or gross negligence on the part of Decos.
  • You herewith indemnify Decos and shall hold Decos harmless from and against any claims by third parties resulting from your use of the Platform.

5. Intellectual property rights

  • All intellectual property rights (including, without limitation, copyrights, database rights, trademarks, knowhow, patents) and/or similar rights to the Platform are owned solely and exclusively by Decos and/or its licensors.
  • Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to Decos a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

6. Termination, survival and severability

  • Decos reserves the right in its sole discretion to terminate your Account, delete your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Decos also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Platform.
  • Any provisions in these Terms of Use which by their nature extend beyond the termination or expiration of any license under these Terms of Use will remain in effect after such termination.
  • If any provision of these Terms of Use is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. In case of any such invalid provisions, Decos will replace such invalid provisions.

7. Questions and complaints

  • Should you have any questions, suggestions or complaints concerning your use of the Platform or these Terms of Use, you can contact Decos via support@driveflo.com

8. Assignment, governing law and competent court

  • You agree that Decos may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
  • These Terms of Use are governed by Dutch law.
  • Any disputes regarding these Terms of Use and/or the use of the Platform that cannot be settled amicably will be submitted to the relevant Court at Amsterdam.

9. Version

  • This version of the Terms of Use is dated March 31, 2016.