IMPORTANT: THESE TERMS OF USE INCLUDE AN ARBITRATION CLAUSE, LIMIT YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, AND CONTAIN OTHER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. PLEASE CAREFULLY READ THIS DOCUMENT BEFORE USING THE SERVICE.
TERMS OF USE
Effective as of April 25, 2019
Plaxin AB (“Plaxin”) has developed a proprietary system that produces experimental material that may be used for building and general use purposes.
THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES CONCERNING YOUR USE OF PLAXIN AND ALL RELATED PRODUCTS, INCLUDING ANY SUPPORT SERVICES PROVIDED TO YOU BY PLAXIN AB (COLLECTIVELY, THE “SERVICE”) AND CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PLAXIN.
YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (THESE “TERMS OF USE”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE SERVICE. If you are using or accessing the Service on behalf of an entity, such as a company, a BUILDING team or organization, then you represent to us that you have the power and authority to bind such company, sports team or organization to these Terms of Use.
Your use of the Service is subject to these Terms of Use and Plaxin’s Privacy Policy. For purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Plaxin AB. “You” refers to you, as a user of the Service.
1. Requirements to Use the Service
The Service is offered and available to users who are 18 years of age or older and reside in the European Union. Furthermore, the Service is only offered to users who are not incapable of giving consent. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Flow and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service may only be used with a Flow Device manufactured, distributed, or sold by or on behalf of Plaxin. You may not connect to the Service with any device that is not manufactured, distributed, or sold by or on behalf of Plaxin (such as a knock off or counterfeit version of a Plaxin mixer); otherwise intends to resemble or purports to be Plaxin; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service.
2. Account; Account Security
To use the Service, you must create an account by providing us with a valid email address. You can access your account information at any time through the Service. You agree that you will supply truthful, accurate and complete information to Plaxin AB, and that you will update such information promptly in the event that it changes. If you are using the Service on an enterprise level for multiple individual user accounts, then you shall designate one user as the administrative user who shall be responsible for registering and, if desired, editing the account information. Any change in the designation of the administrative user must be submitted to Plaxin AB by the current administrative user. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, PLaxin AB may terminate your use of the Service.
You are responsible for maintaining the confidentiality of your account and for all activities which occur through the use of your account. You agree to: (i) immediately notify Plaxin AB of any unauthorized access to or use of your account or any other breach of security; and (ii) ensure that you secure your account, computer and mobile device from third party access. Plaxin AB will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that all information you provide to register with the Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3. Grant of a Limited License
Subject to your agreement to and continuing compliance with these Terms of Use (including the limitations set forth in Section 4 below), Plaxin AB grants you a personal, non-exclusive, non-assignable, non-transferable license (without the right to sublicense) to access and use the Service for your personal and non-commercial use only. You may not use the Service for any other purpose.
4. License Limitations
You agree that you will not and will not permit any party to:
A. modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service;
B. duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
C. use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service;
D. frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Flow without our express consent;
E. attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
F. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
G. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same;
H. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
I. use the Service for illegal, harassing, unethical, or disruptive purposes;
J. violate any applicable law or regulation in connection with your use of the Service; or
K. use the Service in any way not expressly permitted by these Terms of Use.
5. Data and Intellectual Property Ownership
As between you and Plaxin, all software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein are owned solely and exclusively by Plaxin and are protected by the European Union and international copyright, trade secret or other intellectual property laws and treaties. Plaxin and its licensors reserve all rights in connection with the Service and its content including, without limitation, the exclusive right to create derivative works therefrom. Except for the limited license granted to you in Section 3, you have no right, title or interest in or to the Service and any such content.