Terms and Conditions

1. Introduction

Welcome to Foower ("we," "our," or "us"). We are a flower website design service based in Germany. These Terms and Conditions ("Terms") govern your access to and use of our website, located at www.foower.com (the "Website"), as well as any products and services offered by Foower.

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

2. Acceptance of Terms

By accessing our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Foower.

If you are accessing and using the Website on behalf of a company, entity, or organization (collectively "Organization"), then you represent and warrant that you:

• Are an authorized representative of that Organization;
• Have the authority to bind that Organization to these Terms; and
• Agree to be bound by these Terms on behalf of that Organization.

3. Use of the Website

Subject to your compliance with these Terms, Foower grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for its intended purposes. You agree to use the Website only for lawful purposes and in accordance with these Terms.

3.1 Age Restrictions

The Website is intended for users who are at least 18 years of age. By accessing or using the Website, you confirm that you are at least 18 years old or have the consent of a parent or guardian.

3.2 Service Availability

We strive to ensure that the Website is available at all times. However, we do not guarantee that the Website will be available uninterrupted or error-free. We reserve the right to suspend, restrict, or terminate access to the Website for maintenance, updates, or any other reason at our sole discretion.

4. Account Registration

Some features of our Website may require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your account credentials confidential and secure;
• Be responsible for all activities that occur under your account; and
• Promptly notify us of any unauthorized use of your account or other security breaches.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we have reason to believe that your account is being used for fraudulent or unauthorized activities.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Foower, its licensors, or other providers of such material and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.1 License to Use Content

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the content on our Website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as permitted by these Terms;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or
• Access or use for any commercial purpose any part of the Website or any services or materials available through the Website.

5.2 Trademarks

The Foower name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Foower or its affiliates or licensors. You may not use such marks without the prior written permission of Foower. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6. User Content and Submissions

Our Website may allow you to submit, post, or display content, including but not limited to text, images, and other materials ("User Content"). By providing User Content to our Website, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and our business operations.

You represent and warrant that:

• You own or have the necessary rights to the User Content you submit;
• The User Content does not infringe upon the intellectual property rights or any other rights of any third party; and
• The User Content complies with these Terms and all applicable laws and regulations.

We reserve the right to review, remove, or modify User Content at our sole discretion, without notice, for any reason or no reason, including User Content that we determine violates these Terms.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of the Website:

• Violating any applicable law, rule, or regulation;
• Infringing upon the intellectual property rights or any other rights of any person or entity;
• Uploading, transmitting, or distributing any computer viruses, worms, or any software intended to damage or alter a computer system or data;
• Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
• Attempting to gain unauthorized access to the Website, user accounts, computer systems, or networks connected to the Website;
• Collecting or harvesting any personally identifiable information from the Website;
• Using the Website for any commercial solicitation purposes without our prior written consent;
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
• Engaging in any automated use of the system, such as using scripts to send comments or messages;
• Using the Website in a manner inconsistent with any applicable laws or regulations; or
• Attempting to circumvent any content filtering techniques we employ.

8. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Foower. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Foower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FOOWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOOWER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE AMOUNTS PAID BY YOU TO FOOWER (IF ANY) FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Foower, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of Germany, and you consent to the exclusive jurisdiction of such courts.

12. Termination

We may terminate or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to the interests of another user, a third party, or our business.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website, or contact us at [email protected].

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Foower regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements between you and Foower.

16. Contact Information

If you have any questions about these Terms, please contact us at: