These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and StudyHub Online s.r.o., with its registered office at Jindřišská 937/16, Nové Město, 110 00 Praha 1, Tax ID 11649151, VAT No. CZ11649151, File No. C 352343, kept by the Municipal Court in Prague. ("Flowlance" or "we").
You agree that by using and/or accessing the App or the Service provided to you through its website located at https://flowlance.com, you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE APP OR THE WEBSITE.
1.1. "Account" refers to the profile created by the Creator to access, manage, and use the App and Service.
1.2. "App" refers to the online platform located on the www.flowlance.com website or any other accompanying websites and apps provided by Flowlance.
1.3. "Content" refers to any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology, or other types of content uploaded by you in the App or the Flowlance Academy.
1.4. "Copyright Act" means Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright, as amended.
1.5. "Creator" refers to you as a registered user with the Account in the App who offers goods and services through the App.
1.6. "Creator’s content" refers to the Creator’s digital goods, content, and services uploaded in the App and accessible to Users through the App.
1.7. "Customer" refers to you as a user who uses the App to search for goods and services offered by Creators.
1.8. "Flowlance" refers to StudyHub Online s.r.o., with its registered office at Jindřišská 937/16, Nové Město, 110 00 Praha 1, Tax ID 11649151, VAT No. CZ11649151, File No. C 352343, kept by the Municipal Court in Prague
1.9. "Flowlance Academy" refers to a free platform for sharing your expertise with solopreneurs from all around the world, located at https://academy.flowlance.com/
1.10. "Freemium plan" refers to a free subscription plan automatically assigned when you sign up.
1.11. "Payment processor" refers to our third-party payment processors who process fees and payments for us.
1.12. "Professional plan" refers to any paid subscription plan that can be selected to use the App after you sign up.
1.13. "Service" refers to any Flowlance service offered and provided within the App or a service provided directly by the Flowlance representatives.
1.14. "Terms" refers to these Terms and Conditions available at https://app.flowlance.com/static/Terms.pdf.
1.15. "User" refers to Creators and Customers.
2.1. The App is intended for use by professionals and entrepreneurs.
2.2. The App and the Service are not intended for children. You must be at least 16 years old to use the App otherwise you must have the consent of a parent or guardian.
2.3. By registering or otherwise accessing or using the App or the Service, you agree that you have read, understood, and will abide by these Terms. You expressly represent, warrant, and agree that you will not:
2.3.1. do anything that could disable, overburden, or impair the proper functioning of the App;
2.3.2. use any automated means to access any part of the App;
2.3.3. except as expressly authorized by law reverse engineer, decompile, disassemble, translate, reconstruct, transform, or extract any part of the App;
2.3.4. change, modify, or otherwise alter the App except as expressly authorized by law; 2.3.5. upload any materials that, in the sole judgment of Flowlance, are objectionable or which restrict or inhibit any other person from using or enjoying the App, or which may expose Flowlance or other Users to any harm or liability of any type;
2.3.6. use or attempt to use the App in a way that is unlawful, infringes copyright, is fraudulent, malicious, or could subject Flowlance or Users of the App to harm or liability.
3.1. You are obliged to register and create an Account before using the App as a Creator. Registration can be done by providing your e-mail address, through your Google account, or by using any other available registration method.
3.2. You represent and warrant that all information you provide is truthful, accurate, and complete.
3.3. To complete the registration, you must fill in the relevant identification and, if applicable, billing information for the paid version of the App.
3.4. You understand that you can have only one Account.
3.5. You’re solely responsible for what you do with your Account, including maintaining the confidentiality of your Account and password and restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account or password.
3.6. If you lose your password, you may request an automatic reset of your password in the App. A link to reset your password will be sent to your email address or other address you provided during registration.
4.1. Flowlance is not a party to any transactions regarding the purchase or sale of User’s content in the App. Such transactions are solely between the Creators and the Customers. Flowlance is also neither the creator nor the owner of the Creator’s content listed or available on the App.
4.2. The App allows management and streamlining of the administrative aspects of business, User database, calendar, orders, Creator’s content, and payments via payment gateways or bank transfer and generating invoices or payment receipts for Users.
4.3. The specific terms and conditions of the cooperation or business relationship between Creator and Users are dealt with in separate terms and conditions negotiated directly between these parties. Flowlance does not intervene in this relationship and the parties are obliged to negotiate these terms themselves, within the limits of the law and these Terms. If
the Creator wishes to do so, Flowlance may offer the Creator standardized general terms and conditions to upload to his profile on the App.
4.4. Creators are solely responsible for ensuring that any Creator’s content made available through the App meets all applicable laws, rules, and regulations and that the Creator’s content is delivered as described in an accurate and satisfactory manner.
4.5. Flowlance has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of Creator’s content made available through the App; (b) the truth or accuracy of Creator’s descriptions of the Creator’s content made available on or through the App; (c) the ability of Creator to fulfill purchases as made available through the App; (d) the ability of Customers to pay for purchases as purchased through the App; (e) that Creators or Customers will actually complete a transaction through the App; or (f) the safety, suitability, or legality of User’s communications, whether online or offline.
5.1. Creators are solely and fully responsible for the Creator’s content they create or upload to the App.
5.2. We do not endorse or pre-screen any Creator’s content uploaded in the App or guarantee its accuracy, reliability, or truthfulness.
5.3. The Creator’s content may be offered to Customers either by:
5.3.1. listing or making the Creator’s content available to Customers through the Account in the App; or
5.3.2. directly contacting the Customer through the App or by e-mail with a specific offer.
5.4. By uploading or otherwise making available your Creator’s content you agree that you have read, understood, and will abide by these Terms. Prohibited Creator’s content includes, without limitation:
5.4.1. any content that infringes or violates the intellectual property rights of any third party;
5.4.2. any content that is offensive, such as content that harms minors in any way, includes or links to child pornography, racist, bigoted, discriminatory, hateful, libelous, violent, harassing, or otherwise objectionable or obscene content;
5.4.3. any content that includes or links to pornographic or sexually explicit material; 5.4.4. any content that includes unauthorised advertising, spam, or any other form of solicitation;
5.4.5. any content that solicits passwords or any other personal data from Flowlance or the Users; or
5.4.6. any content that includes computer code, viruses, files, or programs that could harm, disrupt, or limit any computer software or hardware.
6.1. Flowlance Academy is a free platform for sharing your expertise with solopreneurs from all around the world, located at https://academy.flowlance.com/
6.2. By uploading any Content to the Flowlance Academy, you grant Flowlance a license according to article 12.
6.3. We do endorse and pre-screen any Content uploaded to the Flowlance Academy before its publishing.
6.4. By uploading or otherwise making available your Content you agree that you have read, understood, and will abide by these Terms and Flowlance Academy terms. Prohibited Content includes, without limitation:
6.4.1. any content that infringes or violates the intellectual property rights of any third party;
6.4.2. any content that is offensive, such as content that harms minors in any way, includes or links to child pornography, racist, bigoted, discriminatory, hateful, libelous, violent, harassing, or otherwise objectionable or obscene content;
6.4.3. any content that includes or links to pornographic or sexually explicit material. 7. Payment
7.1. The App is a subscription-based online application.
7.2. You can select between the Freemium plan and the Professional plan. Upon registration as a Creator, you will automatically be assigned the Freemium plan.
7.3. Pricing and features for individual subscription plans, including applicable fees for using the App as part of the Freemium plan, can be found on our pricing page: https://www.flowlance.com/#pricing. Flowlance reserves the right to change prices at any time.
7.4. Listed prices include VAT or any other taxes.
7.5. Freemium plan subscriptions
7.5.1. Subscription starts upon registration as a Creator.
7.5.2. Subscription is not charged but includes a transaction fee in accordance with the current price list.
7.6. Professional plan subscriptions
7.6.1.Subscription starts from the agreed date, which will usually be the date on which payment is received.
7.6.2.Professional plan subscriptions are billed monthly, or annually depending on your choice.
7.6.3.Professional plan subscriptions are Invoiced either in EUR or USD based on your preference.
7.6.4.Professional plan subscriptions are automatically renewed without notice to you unless such notice is required by applicable law. If you do not wish to continue with your Professional plan subscription, please see Article 8.
7.7. If you are billed by us, you will be required to provide information regarding your credit card or other payment instrument to our third-party Payment processors. Flowlance currently uses Stripe (https://stripe.com/) as its Payment processor but reserves the right to change Payment processors.
7.8. Payments and fees will be processed by the applicable Payment Processor. You are bound by the applicable Payment processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment processor from time to time. Information provided to any Payment processor is governed by such applicable Payment processor’s terms.
8.1. You may cancel your Professional plan subscription at any time during the subscription period in the App. If you do not wish to renew your current subscription, you must cancel your Professional plan subscription no later than your renewal date. To cancel your subscription, visit the billing page in your Account.
8.2. In case of cancellation of the Professional plan subscription, the Professional plan subscription will automatically end on the next renewal date.
8.3. Cancellation of your Professional plan subscription will not result in a refund of the amount already paid but will prevent your subscription from being automatically renewed. Flowlance does not offer refunds.
8.4. If you have chosen to cancel your subscription and wish to permanently delete your Account, you may do so by emailing us at info@flowlance.com from the email address registered to your account. Please be aware that if you delete your account, you will not be able to reactivate it or retrieve any content or information that you have added to your profile. Additionally, your unique profile URL will become available for other users to claim.
9.1. For information regarding the support service relating to the App or Service, please contact us at: info@flowlance.com
10.1. With the exceptions provided by law, Flowlance reserves the right to terminate or suspend your access to the App or the Service or any of its parts at any time for any reason, including, but not limited to, violation of these Terms or any unlawful or abusive behaviour.
10.2. You may withdraw from these Terms at any time, in which case you may not continue accessing or using the App and Service.
10.3. Sections 12 (Intellectual Property), 17 (Indemnification), and 23 (Governing Law and Disputes) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
11.1. With the exceptions provided by law, Flowlance reserves the right to modify these Terms at any time without notice. You are responsible for staying informed of any changes to these Terms.
11.2. If the Terms are changed, we will post the revised Terms on this page and indicate the date of the revision. Your continued use of the App and the Service after the date of revision constitutes your acceptance of the revised Terms.
11.3. Flowlance respects that you may not agree to the updated Terms. If that is the case, you can terminate these Terms at any time up to thirty (30) days after the effective date of the updated Terms.
12.1. All trademarks, copyright, database rights, and other intellectual property rights of any nature in the App are the property of Flowlance and are protected by copyright and other intellectual property laws.
12.2. By uploading any Content to the App, you grant Flowlance a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, and modify all or any portion of the Content, in any format and through any channel now known or hereafter developed, solely for the purpose of operating the App.
12.3. By uploading any Content to the Flowlance Academy, you grant Flowlance a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, and modify all or any portion of the Content, in any format and through any channel now known or hereafter developed.
12.4. You represent and warrant that you own or otherwise control any and all rights in and to the Content that you upload, share, or otherwise make available and that use of that Content by us will not infringe or violate the rights of any third party in any manner.
12.5. Any data you enter into the App is part of the database collected by Flowlance and becomes part of the Flowlance database without you gaining any right to the App database. This database is not a collective work under the Copyright Act.
13.1. Flowlance may make available on the App links to websites operated by third parties, including advertisers. If the App or the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Flowlance has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
13.2. Products, services, and content offered through linked third-party websites are subject to the terms and conditions made available by those third parties, and the data collection practices of linked websites are governed by the applicable privacy policies of those third parties. Following links to any other websites or web services is at your own risk, and any claims you may have in connection with products, services, or content made available through linked websites are claims against third parties, not Flowlance.
14. No Resale or Redistribution of Service
14.1. Reselling access to the App or providing access to the App for a fee or any other compensation that circumvents our business model is a material breach of these Terms and will result in the cancellation of your subscription.
15.1. Flowlance disclaims any liability for the use of the App, Service, and related outputs. Any actions or decisions made by Users are done at their own risk. Flowlance assumes no responsibility for any damages, losses, or other consequences that may arise from the improper or unauthorized use of the App and Service.
15.2. Flowlance does not guarantee that the use of the App and the Service will be uninterrupted or error-free, and Flowlance will not be liable for any interruptions or errors.
15.3. Flowlance makes no warranties or representations, express or implied, with respect to the App or the Service.
16.1. Flowlance, its affiliates, licensors, suppliers, or advertisers shall in no event be liable for any costs, damages, or expenses (including, without limitation, compensatory, incidental, and consequential damages, lost profits or damages resulting from loss of data, or interruption of work) arising out of
16.1.1. use of the App and Service or inability to use them;
16.1.2. the cost of procuring replacement services;
16.1.3. unauthorized access to or alteration of your transmissions or data;
16.1.4. any other liabilities concerning the App and Service.
16.2. Flowlance will only be liable to you for damages caused by wilful misconduct or gross negligence and other damages that may not be limited by applicable law.
17.1. You agree to indemnify and hold Flowlance harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Flowlance arising out of or related to:
17.1.1. your breach of any of these Terms (including any additional terms and conditions incorporated herein);
17.1.2. any Content you post, email, or otherwise contribute;
17.1.3. any activity in which you engage on or through the App; and
17.1.4. your violation of any law or the rights of a third party.
18.1. These Terms constitute the entire agreement between you and Flowlance and supersede all prior agreements or understandings, whether oral or written.
19.1. The failure of Flowlance to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20.1. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
21.1. Flowlance values your privacy and is committed to protecting your personal information. Please refer to our privacy policy for more information on how we collect, use, and share your data, available at: https://app.flowlance.com/static/Privacy.pdf
22.1. Flowlance may assign any or all of these Terms and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
23.1. These Terms shall be governed by the laws of the Czech Republic, in particular, Act No. 89/2012 Coll., The Czech Civil Code, as amended. The courts of the Czech Republic shall have exclusive jurisdiction over all disputes arising out of these Terms and the use of the App.
23.2. The App is not intended for consumers. If you are a consumer, in the event of a dispute with Flowlance, you may use the possibility of out-of-court dispute resolution by contacting the out-of-court dispute resolution entity, which is the Czech Trade Inspection Authority (www.coi.cz) and proceeding in accordance with the rules set forth in the relevant legislation and in accordance with the information provided on the website of the Czech Trade Inspection Authority.
23.3. As a consumer residing in the European Union, you can also initiate out-of-court dispute resolution online via the ODR consumer dispute resolution platform, available at ec.europa.eu/consumers/odr.
23.4. If these Terms are translated into one or more languages, in the event of a conflict between the versions, the English language version shall be used for the interpretation of the Agreement.
24.1. If you have any questions or concerns regarding these Terms, please contact Flowlance at info@flowlance.com.
25. Final provisions
25.1. These Terms shall take effect on 7 January 2025.
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