Terms and Conditions

Effective Date: January 1, 2025

These Terms and Conditions ("Terms") govern your use of Floynk's marketplace management services ("Service") operated by Floynk B.V., a company registered in the Netherlands ("Company", "we", "us", or "our").

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Floynk provides marketplace management software that helps businesses manage their presence across various e-commerce marketplaces including Amazon, bol.com, Shopify, WooCommerce, and Mirakl.

3. User Accounts

3.1 Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account

3.2 Account Eligibility

• You must be at least 18 years old to use our Service
• You must have the legal authority to enter into these Terms
• Business accounts must be registered by authorized representatives

4. Subscription and Billing

4.1 Subscription Plans

• Our Service is offered through various subscription plans
• Plan details, features, and pricing are available on our website
• We reserve the right to modify pricing with 30 days' notice

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise specified
• Failed payments may result in service suspension

4.3 Free Trials

• Free trials are available for new users as advertised
• Credit card information may be required for trial activation
• Trials automatically convert to paid subscriptions unless cancelled

5. Use of Service

5.1 Permitted Use

• Use the Service in accordance with these Terms and applicable laws
• Use the Service for legitimate business purposes only
• Comply with all marketplace terms and conditions

5.2 Prohibited Use

You may not:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws or regulations
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated scripts to abuse the Service

6. Intellectual Property Rights

6.1 Service Content

• The Service and its original content remain our exclusive property
• We grant you a limited, non-exclusive, non-transferable license to use the Service
• You may not reproduce, distribute, or create derivative works

6.2 User Content

• You retain ownership of content you upload to the Service
• You grant us a license to use your content to provide the Service
• You are responsible for ensuring you have rights to uploaded content

7. Data Protection and Privacy

• We process personal data in accordance with our Privacy Policy
• You are responsible for compliance with data protection laws
• We implement appropriate security measures to protect your data

8. Third-Party Integrations

8.1 Marketplace Connections

• Our Service integrates with third-party marketplaces
• You are responsible for compliance with marketplace terms
• We are not responsible for marketplace policy changes

8.2 API Usage

• API access is subject to rate limits and fair use policies
• Abuse of API access may result in service termination
• We may modify API functionality with reasonable notice

9. Service Availability

9.1 Uptime

• We strive to maintain high service availability
• Scheduled maintenance will be announced in advance
• We are not liable for third-party service interruptions

9.2 Support

• Support is provided according to your subscription plan
• Support hours and response times are specified in our support policy
• Emergency support may be available for enterprise customers

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• WE ARE NOT LIABLE FOR BUSINESS LOSSES, LOST PROFITS, OR DATA LOSS

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

12.1 Termination by You

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial periods

12.2 Termination by Us

We may terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay subscription fees

12.3 Effect of Termination

• Your access to the Service will be suspended or terminated
• We may delete your data after a reasonable retention period
• Surviving provisions include payment obligations and limitation of liability

13. Modifications to Terms

• We may modify these Terms at any time
• Significant changes will be notified via email or Service notification
• Continued use after changes constitutes acceptance

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by Dutch law.

14.2 Jurisdiction

Disputes will be resolved in the courts of Amsterdam, Netherlands.

14.3 Alternative Dispute Resolution

We encourage resolving disputes through direct communication before legal action.

15. Miscellaneous

15.1 Entire Agreement

These Terms constitute the entire agreement between you and us.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver.

15.4 Assignment

You may not assign these Terms without our written consent.

16. Contact Information

For questions about these Terms, please contact us at:

Floynk B.V.
Email: legal@floynk.com
Address: Company Address
Netherlands

Last updated: January 1, 2025