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
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
- Â 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.Â
4. Use of the Platform and liability
- Â 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 rightsÂ
- 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 severabilityÂ
- 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.
7. Questions and complaints
8. Assignment, governing law and competent court