Flowpass User Terms of Service
Flowpass AB, company registration No. 559264-3885 (“Flowpass”, “us”, “we”, or “our”) operates coworking services (“Services”) designed to help businesses and or/individuals (“Guests”) access local workspaces that support modern work environmental and collaboration requirements (“Spaces”) that are provided by operators of such Spaces (“Space Hosts”).
These user terms of service (“User Terms”) govern your use of the Services provided by Flowpass. By accessing, using, or participating in the Services, you (“you”, “your” or the “User”) agree to be bound by these User Terms.
Additional terms may apply to your use of a specific Service. These additional terms will be available with the relevant Service, and will become part of your agreement with us if you use that Service.
Please observe that Flowpass is not party to any agreements between Guests and Space Hosts, and that any use of a Space is governed by the applicable terms and conditions provided for in the relevant agreement between you and the respective Space Host.
More information about Flowpass and the Service is available at www.flowpass.co (“Website”).
2. User Agreement
To be able to use the Services you must enter into this user agreement with us ( “User Agreement”). The User Terms, which are an integral part of the User Agreement, are available at the Website.
You enter into this User Agreement by confirming in the Flowpass App that you have read and accepted the User Terms and that you are agreeing to enter into the User Agreement. If your mobile phone cannot install and run the Flowpass App you (i) will not be able to enter into the User Agreement; and (ii) will not be able to use the Services. We recommend that you always use the most recent version of the phone’s operating system as well as the most recent version of the Flowpass App.
Please read the User Terms, thoroughly before accepting them and entering into the User Agreement. If you do not agree to every provision of the User Terms, you may not the Services.
If you are under 18 years old, we will only accept Transactions from or to your E-account. For more information about the E-account, please refer to section 4 below in these User Terms.
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Services. By accessing or using the Services, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
3. Flowpass Account
In order to use the Services, you must register a user account with us (“Flowpass Account”) through the Flowpass App and provide the information requested during the registration process. Your Flowpass Account is personal, and you not assign or otherwise transfer your Flowpass Account to another party.
It is important that you provide correct information when registering your Flowpass Account, and that keep the information in your Flowpass Account up to date. You are always responsible for ensuring that the information you have provided is correct, complete and current.
During registration you will create your own personal login credentials (“Account Credentials”). You are responsible for keeping your Account Credentials and other Flowpass Account related information in a safe manner and in a way that they remain inaccessible to unauthorized persons. The Account Credentials and other Flowpass Account related information are personal and may not be transferred to or used by someone else than you. You acknowledge and agree that you are fully responsible for all activities on your Flowpass Account.
You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Flowpass Account. Flowpass assumes no liability for any loss or damage arising from your failure to comply with the all of the above requirements.
You may delete your User Account at any time, for any reason, by following the instructions on our Website or within the Flowpass App. Flowpass may terminate or suspend your Flowpass Account in accordance with the provisions in section 17 below. Please note that just uninstalling the Flowpass App does not terminate your Flowpass Account.
4. Corporate Account
An organization that you work for (“Corporation”), either as an employee or as a consultant, may choose to open an account (“Corporate Account”) with us. Such Corporation may, in its sole discretion, allow you to connect your Flowpass account to its Corporate Account. Depending on the features of the Corporate Account, such connection of your Flowpass Account to the Corporate Account (“Corporate Affiliation”) can be initiated either by yourself or by the Corporation. When a Corporate Affiliation is initiated by a Corporation, preparatory measures for opening your Flowpass account may be initiated by the Corporation providing certain basic data to us (such as your name and email address).
Whether you are eligible for a Corporate Affiliation, as well as further details about such Corporate Affiliation, can be found in your Flowpass Account.
Through Flowpass, you may reserve and purchase access to Spaces provided by Space Hosts. The Spaces may be provided as access to dedicated desk (“Desk”), a lounge area (“Lounge”) or a meeting room (“Meeting Room”). If your Flowpass Account is subject to Corporate Affiliation, a Space may also, depending on the features of the Corporate Account, be provided as access to an area which is dedicated for the Corporation registered for the Corporate Account (“Node Spot”).
6. Space listings and transactions between Guests and Space Hosts
Through the Services, you may reserve and purchase access to the Spaces currently listed in the Flowpass App or on the Website.
Each Space Host is fully responsible for the information presented in a Space listing. Flowpass has no control over, and does not guarantee the (i) quality, safety, or suitability any Space; or (b) the accuracy of any Space listing, ratings, or reviews. Please note that you should always exercise appropriated due diligence and care when deciding whether book Space.
Please observe that Flowpass is not party to any agreements between Guests and Space Hosts, and that any use of a Space is governed by the applicable terms and conditions provided for in the relevant agreement between you and the respective Space Host, including but not limited to Space Rules (as defined below). If you use a Space offered by a Space Host, such Space Host may require you to sign in and provide certain information upon arrival at the Space.
7. Space bookings
As a registered User you may book access to a Space through the Services. The details about a Space, including but not limited to applicable fees, are presented in the Flowpass App or on the Website together with other information about the relevant Space.
You may cancel a confirmed booking through the Services at any time. If you cancel a confirmed booking of a Desk, a Lounge or a Meeting Room before the booking commences, no fees will apply. If you cancel a Desk, a Lounge or a Meeting Room after the booking commences, there will be no refund of applicable fees. Please note that cancellations of Node Spot bookings are subject separate cancelation rules that vary between different Node Spots, please read carefully the cancellation that applies for a Node Spot before you make a booking.
We reserve the right to cancel any Space bookings at any time due to events such as limitation of Space availabilities, errors in Space listings or descriptions (including fees), technical failures or suspected fraudulent or illegal activities.
8. Space purchases
When you complete a Space booking (thus becoming a Guest), you agree to pay the applicable fees and charges and other pricing terms applicable to your use of the Services as specified in these User Terms and as otherwise communicated to you through the Services, including any applicable fees and service charges. All fees and charges paid by Users in connection with the Services are non-refundable, except as expressly stated in these User Terms.
When completing a Space purchase, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) chosen by you in connection with a purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
If your Flowpass Account is connected to a Corporate Account through Corporate Affiliation, you may, depending on the features of the Corporate Account, be able to choose to pay for a purchased Space through Corporate Billing. For the purpose of these User Terms, “Corporate Billing” means that all applicable fees for a purchased Space will be paid to us directly by the Corporation (and that no fees will be paid by you).
Please note that all fees for Spaces are paid by Guests (by credit card or Corporate Billing) to Flowpass. A Space Host may, in its sole discretion and according to the terms and conditions agreed between you and the Space Host, charge for products and services not included in the fee for the Space, such as fees for food and beverages, printing services etc.
We reserve the right to change the pricing for Spaces in our sole discretion. Our current pricing will always be available on the Website or in the Flowpass App.
9. Space Rules
Each Space may apply its own code of conducts and rules on the use of the Space (“Space Rules”). As a Guest you must abide with any and all Space Rules that are communicated to you (i) when you book a Space; and (ii) as otherwise communicated to you by a Space Host.
You may only use a Space provided for general office purposes only. You may not use the Space to carry out any illegal activities or use the Space in violation of applicable law, Space Rules, or any other reasonable regulations or rules adopted by the Space Host.
Please observe that the Space Host or its authorized representatives is entitled to enter the Space at any time.
10. Prohibited activities
You are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Services. In connection with your use of the Services, you will not and will not assist or enable others to:
• breach or circumvent any applicable laws or regulations or these User Terms;
• use the Services to request, make or accept a booking of a Space independent of the Services;
• Post any User Content that: (i) is fraudulent, false, or deceptive; (ii) is obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, racism, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities or substances;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services.
11. User Content
We may, in our sole discretion, enable Users to create, upload, post, send, receive and store content, such as messages, notes, text, information, offerings, images, or other materials and information on or through the Services (“User Content”).
You are solely responsible for the User Content that you upload, publish, display or otherwise provide to Flowpass for display (hereinafter, "Post") on or through the Services. You may not Post User Content that you did not create or that you do not have permission to Post. You understand and agree that Flowpass may, but is not obligated to, review the User Contant and may delete or remove (without notice) any or User Content in its sole discretion, for any reason or no reason.
When you Post User Content to the Services, you grant to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. We do not claim any ownership rights in any User Content and nothing in these User Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
12. Service availability
The use of the Services requires that you have a connection to the Internet and/or the use of a mobile phone or tablet. You acknowledge and agree that you are fully responsible for meeting these requirements.
The Services will normally be available around-the-clock seven days a week. We may from time to time update the Services and/or take the Website out of use for measures such as maintenance and service and/or security related issues (“Maintenance”). We reserve the right to restrict or interrupt the provision of the Services and the Website for Maintenance at any time. Any planned restrictions or interruptions of the Services will, as far as commercially reasonable, be scheduled for times when the use of the Services is normally low. We always try to communicate any planned maintenance in advance, but do not warrant that such notification will always reach you.
13. Changes to the Services
We reserve the right to improve, enhance and modify the Services, including but not limited to making changes to operation methods, technical specifications and content, as well as to introduce new services from time to time.
14. Personal data
Your personal data will be process in compliance with applicable data protection legislation. For information about how we process your personal data, please refer to our privacy notice www.flowpass.co/privacy-policy.
15. Intellectual properties
Flowpass and its licensors, are the sole owners of all rights including, but not limited to, all intellectual property rights to (i) the software and the services required for the provisioning of the Services; and (ii) any content that we ourselves make available on or through the Services, including proprietary Flowpass content and any content licensed or authorized for use by or through Flowpass from a third party (“Flowpass Content”). Nothing in these User Terms or the User Agreement shall be construed as transferring any of the aforementioned rights, or parts thereof, to you.
Subject to your compliance with these User Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license, valid during the term of the User Agreement, to (i) use the Services; and (ii) download and use the Flowpass App on your mobile device.
You agree not to use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or any Flowpass Content, except or as expressly permitted in these User Terms of Services or by mandatory law. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Flowpass or its licensors, except for the licenses and rights expressly granted in these User Terms.
16. Limitation of liability
By accepting the User Terms and entering into the User Agreement, you acknowledge and agree that certain elements of the Services are dependent on your interaction with third parties, and that Flowpass cannot and will not assume any liability for the acts or omissions by such third parties. In particular, you acknowledge and agree that
• Flowpass is not a party to agreements entered into between you and Space Hosts, and hence that we shall not be liable for any damages or losses relating to such agreements or your engagement with Space Hosts; and
• Flowpass does not verify the accuracy, completeness, reliability or authenticity of any Space descriptions or Space availability information provided by Space Hosts, and we make no representations or warranties with respect to such information.
Flowpass shall not be liable for any direct damages or losses relating to the breach of the User Agreement or your use of the Services, except for cases of Flowpass’ gross negligence or intentional breach. Flowpass shall not be liable for any indirect damages or losses, including, but not limited to, loss of business, loss of production, loss of profit, loss of gains and loss of cost-cutting measures, loss of goodwill, nor for any liability for your vis-a-vis a third party of any kind.
Flowpass’ aggregate liability for damages relating to your use of the Services shall under no circumstances exceed more than 50 % of the total yearly fees paid by you (explicitly excluding any fees paid by Corporate Billing) to us for using the Services.
Any cause or action or claim you may have arising out or relating to the User Agreement or the Services must be communicated in writing to us within 3 months from date you became aware or should reasonably be expected to have become aware of the circumstances which give rise to the claim. Should you fail to communicate with us within the aforesaid period, your claim shall be permanently barred.
17. Force majeure
Flowpass shall not be liable for late, inadequate or omitted performance in accordance with the User Agreement to the extent and during such time that a late, inadequate or omitted performance is to be attributed to circumstances beyond our reasonable control (”Force Majeure”). Any performances so suspended are to be resumed as soon as can be reasonably expected. Circumstances beyond Flowpass’ control include, but are not limited to, general strike and other labor or industrial disputes, fires, explosions, flooding, earthquakes, typhoons, epidemics, wars, government measures, new or changed legislation, riots, revolutions, sabotage or adverse weather conditions that we could not reasonably expect to prepare for or otherwise find a way around.
18. Term, termination and suspension
The User Agreement will enter into your acceptance of these User Terms and our confirmation thereof, and will remain in force until terminated in accordance with these User Terms.
You may at any time terminate the User Agreement by sending a notice to us at the email address set out on the Website or by terminating you Flowpass Account. Please note that just deleting the Flowpass App will not terminate the User Agreement.
We may at any time terminate the User Agreement subject to a notice period of at least one month.
Either party may terminate the User Agreement immediately if the other party commits a material breach of its obligations under the User Agreement or if the other party violates applicable law.
In addition to the above, Flowpass may, with immediate effect, temporarily or permanently suspend you from the Services and your Flowpass Account if (i) you do not comply with the User Agreement and the User Terms, or if Flowpass can reasonably assume that this is the case, and (ii) if you have not paid full payment for the use of the Services. Suspension according the aforesaid does not release you from the payment of agreed fees for the Services, nor does it entitle you to a refund of fees paid.
19. Messages and notices
You acknowledge and agree that we may send messages and notices electronically to you, using the contact details provided in you Flowpass Account.
You may not assign your rights and/or obligations under the User Agreement. We are entitled to assign our rights and/or obligations under the User Agreement to any legal entity within the Flowpass group, provided however that such assignment is not to your significant detriment.
21. Consumer rights
The User Terms do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.
As a consumer you are entitled to cancel the User Agreement within 14 days from the day when you enter into the User Agreement. However, if you start using the Services within these 13 days (by booking a Space or otherwise engage commercial with us, your withdrawal rights are forfeited. Regardless of the aforementioned withdrawal rights, you may at any time terminate the User Agreement according to the provisions set out in section 17.
If you, as a consumer, want to make a claim regarding the Services, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden, www.arn.searn.se). If you are resident in another country than Sweden, you may file a complaint online via the European Commission’s mediation platform, please refer to www.ec.europa.eu/consumers/odr.
22. Changes to the User Terms
We may change these User Terms from time to time. Changes will be effective when we post updated User Terms at this location, within the Flowpass App or within the applicable Service. Your continued access or use of the Services after such posting confirms your consent to be bound by the updated User Terms. Any revisions to these User Terms will become effective the first time you access or use the Services after such changes have been posted. If you do not agree to be bound by these User Terms, you are not authorized to use, access or participate in the Services or on the Website. We advise you to review the Flowpass App and the Website periodically for any changes of the Terms.
The current version of the User Terms is always available on the Website. A copy of the current version of the User Terms will be sent to you upon your request.
23. Other services
Other terms and conditions may apply for services that are not part of the Services (as defined above). Such terms and conditions will be subject to your separate approval and acceptance.
Information about how to contact us is available on the Website.
25. Governing law and jurisdiction
The User Agreement shall be governed by the substantive law of Sweden. The courts of Sweden shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in connection with the User Agreement, or the breach, termination or invalidity thereof.
These User Terms are effective as of August 2021.