TERMS and CONDITIONS

These Terms and Conditions (also known as Terms of Use or Terms of Service) cover your use of and access to the sites, products, applications, tools, services and features (collectively, the "Services") provided by Floral Math Works LLC, including without limitation during free trials, paid subscriptions or simply visiting the website and any associated domains of www.floralmathworks.com, by use of mobile and other applications.

 

Please read this Agreement (as defined below) carefully. By using or accessing the Services, you're agreeing to these Terms of Use (collectively, this “Agreement”). If you're using the Services for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

 

1. Our Intellectual Property. The website service of Floral Math Works LLC and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Floral Math Works LLC. The Services are, as between you and Floral Math Works LLC, owned by Floral Math Works LLC, and may be protected by copyright, trademark and other US and foreign laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User-Generated Content, our trademarks, logos or other brand features or intellectual property or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others’ User-Generated Content.

   • Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

   • Worksheet Services. The Worksheets include without limitation Demo Content, designs, layouts, forms, unique terms and calculations, and other elements. Floral Math Works LLC owns the Worksheets. You may not use any Worksheet in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.

   • Our Demo Content. We may provide Services or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or in Your Videos or be distributed, publicly displayed, publicly performed or otherwise published.

2. Our Rights. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services.

3. Signing Up. To use the Services, you must first create an account (“Account”). Different parts of the Services may require different subscriptions. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.

4. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. You can cancel auto-renewal at any time via the Services.

5. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund. Some of the Paid Services offer a free trial so you can try out your subscription free of charge for this trial period.

6. Fee Changes. We may change our fees at any time. We’ll provide you with notice of these fee changes via the Paid Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.

7. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.

8. Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

9. Term and Termination. This Agreement will remain in effect until terminated by either you or Floral Math Works LLC. You may terminate this Agreement at any time via the Services. Floral Math Works LLC reserves the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms and Conditions. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification.

10. Warranty Disclaimers. Disclaimers. To the fullest extent permitted by applicable law, Floral Math Works LLC makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available.” Floral Math Works LLC also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Floral Math Works LLC, shall create any warranty. Floral Math Works LLC makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.  

11. Limitation Of Liability. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Floral Math Works LLC and its affiliates, members, managers or agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User-Generated Content; (e) any User-Generated Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

12. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold harmless Floral Math Works LLC and its affiliates and its members, managers and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User-Generated Content; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to your operations, including without limitation your sales to individual consumers and other operations for which Floral Math Works LLC may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement.