TERMS OF USE Version 1 (25.2.2021)
1. These Terms of Use (ToU) govern the use of the Flora Square Services to the
Service Recipient.
2. The following defined terms are used in these ToU:
Benchmark Currency means Euro (EUR).
Base Currency means Swiss Franc (CHF) or US Dollar (USD)
respectively.
Spot Rate of Exchange means the spot rate of exchange for the
purchase of the Benchmark Currency with the Base Currency in the
London foreign exchange market at or about 11:00 a.m. GMT on any
particular day.
Flora Square Platform means the web platform available at www.florasquare.co
offering simplified interaction between chemical buyers, chemical
suppliers, packaging suppliers and service providers such as contract
manufacturers, fragrance & flavor houses, testing institutes, consultant by
providing a comprehensive and up-to-date directory of chemical
ingredients, formulations, packaging, and services, as well as various onplatform messaging functionalities.
Flora Square Services means services to be provided by Service Provider to
the extent ordered by the Service Recipient. With regard to the scope of
the Flora Square Services, Service Recipient has to choose between one of
the three (3) following packages:
(i) the Basic Package, with the scope as described in section 11.2, 16;
or
(ii) the Premium Package, with the scope as described in section 11.3,
17
(iii) the Marketing Package, with the scope as described in section 11.4,
18.
Commencement Date means the date of acceptance of the ToU by the
Service Recipient via Flora Square Platform and of confirmation of the Service
Recipient’s subscription of Flora Square Services by the Service Provider.
Confidential Information means all information exchanged via the
Flora Square Platform;
Customer means a buyer of chemical products searching for chemical
products carrier oils, raw materials and all products on the Flora Square Platform.
Day or day means any calendar day.
Fair Use means a reasonable and proportionate (in relation to other
Service Recipients) use of the Flora Square Services excluding in particular
excessive machine to machine or automated use of the Flora Square Services
which may potentially impair or degrade the performance of the Flora Square
Services or the operation of the Flora Square Platform.
Force Majeure Event means any event affecting the performance by the
respective Party of any obligations under these ToU arising from or
attributable to acts, events, omissions or accidents beyond the
reasonable control of the respective Party, which were not reasonably
foreseeable and whose effects are not capable of being overcome
without unreasonable expense and/or loss of time to the Party
concerned, but shall not include lack of funds or events caused by the
Party whose performance is affected by the relevant event;
Free Trial Period shall have the meaning as set out in section 19.3.
Intellectual Property Rights, IPR or IP shall mean patents, trademarks,
service marks, logos, get-up, trade names, internet domain names,
design rights, copyright and moral rights, database rights, semiconductor topography rights, utility models, rights in know-how and other
intellectual property rights, in each case whether registered or
unregistered and all rights or forms of protection having equivalent or
similar effect anywhere in the world and registered includes registrations
and applications for registration;
Party means Service Provider and/or Service Recipient, as applicable;
Privacy Policy means the privacy policy of the Service Provider as
available under
https://florasquare.co/files/terms/Privacy-statement-flora Square.pdf;
Service Fees shall have the meaning as set out in sections 11, 16.5,
17.5, 18.6, 19.4.
Service Provider means Flora Square AG and/or a Service Provider
Subsidiary, as applicable;
Service Provider Group means Service Provider and any Service
Provider Subsidiaries;
Service Provider Subsidiaries means all companies in which Service
Provider Corporation is directly or indirectly involved as a majority or
minority shareholder;
Service Recipient means the recipient of the Flora Square Services;
Service Term shall have the meaning as set out in sections 10,16.4,
16.5, 17.7, 18.4, 18.5, 19.5, 19.6.
Supplier means a supplier of products present on flora square categories providing information on
its chemical products, formulations, packaging and services on the
Flora Square Platform.
ToU means these Terms of Use.
3. Communication via the Flora Square Platform
3.1 Unless otherwise agreed between the Parties, for any communication
related to the Flora Square Services, the Service Recipient shall address any
such communication to [email protected].
3.2 The Service Recipient shall not provide disclaimers in its communication
submitted via the Flora Square Platform. Any such disclaimers shall not be
considered and are deemed as not being included.
3.3 Any reference to Service Recipient’s general terms and conditions or
general contractual terms shall not be considered and are deemed as not
being included in its communication, even if the Service Recipient refers
to them in its communications and the Service Provider does not
expressly object. Service Provider’s entering into these ToU with the
Service Recipient shall not be deemed as acceptance by the Service
Provider of any of Service Recipient’s deviating terms.
4. Rights in IP and Data
4.1 The Service Recipient warrants full ownership rights of all data,
information, and content provided by it on the Flora Square Platform or made
available by it via Service Recipients’ websites. The Service Recipient
grants the Service Provider usage rights in such data, information and
content as reasonably required for the provision of the Flora Square Services
and further commits that the use of the provided data, information and
content for the performance by the Service Provider under these ToU will
not constitute a breach of any third-party rights, lScaleway and/or regulations.
4.2 All information and data provided by Service Provider to the Service
Recipient through the Flora Square Platform to the Service Recipient shall
remain Service Provider's unrestricted property. The Service Recipient
acknowledges that the Flora Square Platform including all IP related to the
Flora Square Platform irrespective of the nature and volume of data provided
byther applications that are provided or  the Service Recipient remains the property of the Service Provider.

       4.3 The Service Provider grants to the Service Recipient the nontransferable, non-sublicensable, time-limited and revocable right to
              access, use and exploit the Flora Square Platform and to use the Flora Square
              Services for the Service Recipient’s internal purposes with an Premium

number of users subject, however, to Fair Use.

4.4 The Service Provider shall not be responsible for any links or oembedded in the Flora Square Platform or are
accessible together with the Flora Square Services. The Service Recipient
acknowledges that such links or other applications may be subject to third
party terms, to which the Service Recipient shall adhere when using other
applications or when redirected to other webpages.
4.5 Service Provider shall be entitled but not be obliged to store and process
information, data or content provided by the Service Recipient to Service
Provider via the Flora Square Platform and stored in the Flora Square Platform, as
well as on partner solutions with a Flora Square integration; this entitlement
shall in particular extend to non-personal data, data anonymized or
aggregated with other Data by the Service Provider and shall include the
unrestricted commercial use of such data. Unless required under
applicable law, the Service Recipient shall not be entitled to request
disclosure of any such information, data or content from the Service
Provider.
4.6 Any IPR owned or held by the Service Provider which may during the
term of these ToU be used by the Service Recipient in the context of
using the Flora Square Services shall remain the property of the Service
Provider and the Service Recipient shall not have any rights or interest
therein, except for the right to use such IP to the extent absolutely
necessary for the use of the Flora Square Platform.
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4.7 In no event may the Service Recipient use or permit others to use Service
Provider’s IP as a reference or otherwise without the explicit prior written
consent of the Service Provider.
5. Service Recipient’s Responsibilities
5.1 The Service Recipient shall register and procure that its designated users
shall register on the Flora Square Platform for accessing and using the Flora Square
Services. Further, the Service Recipient shall designate and notify to the
Service Provider a main account and single point of contact to be
addressed on Service Recipient’s behalf.
5.2 The Service Recipient procures that all its users accessing and using the
Flora Square Platform are entitled to lawfully act on behalf of the Service
Recipient.
5.3 Notwithstanding section 5.2, all actions taken under the Service
Recipient's users' credentials are always deemed to be actions taken on
behalf of and authorized by the Service Recipient.
5.4 The Service Recipient acknowledges that access to the Flora Square Platform
and the use of the Flora Square Services is non-exclusive and non-transferable
to individuals or entities other than the Service Recipient or its
employees. Therefore, the Service Recipient shall not fully or partially
assign, sublicense, or otherwise transfer access to the Flora Square Platform
without prior written authorization by Service Provider; and not extract,
reproduce or use the content provided on the Flora Square Platform for any
purpose other than as defined herein.
5.5 The Service Recipient shall be responsible for all actions of its users and
all actions taken under the Service Recipient’s users’ credentials. Hence,
the Service Recipient shall ensure that (i) login credentials are not
misused or transferred to unauthorized third parties; (ii) any declarations
made or obligations entered into by one or more of its users are
attributable to it and that it will not contest the authorization of a user; (iii)
users are well-trained to use the Flora Square Platform, also in case of Flora Square
Platform updates; and (iv) all technical requirements to use the Flora Square
Platform are met.
5.6 The Service Recipient shall notify the Service Provider without undue
delay in case of any misuse of the Flora Square Platform.
5.7 The Service Recipient agrees (i) not to use any software, routine or
device to interfere or attempt to interfere electronically or manually with
the operation or functionality of the Flora Square Platform, including uploading
or making available files containing corrupt data or viruses via whatever
means; (ii) not to download, reproduce, transmit, sell or distribute, in
whole or in part, in any form or fashion, the contents and the information
available on the Flora Square Platform or received via the Flora Square Services
without Service Provider's express written consent and for any purpose
other than for using the Flora Square Services; and (iii) not to engage in any
illegal – including in particular but not limited to any form of
anticompetitive – act, omission, agreement or correspondence in the
context of using the Flora Square Services.
5.8 The Service Recipient shall avoid disruption of the Flora Square Platform, and
shall not upload any fraudulent, illegal, obscene or harassing contents.
The Service Provider shall be entitled to delete such content from the
Flora Square Platform, without prejudice to its other rights as set out in these
ToU.
6. Confidentiality
6.1 The Parties shall unless otherwise agreed herein at all times throughout
the term of these ToU keep Confidential Information confidential and not
disclose any such Confidential Information to any other person and not
use any Confidential Information for any purpose other than the
performance of its obligations under these ToU.
6.2 Notwithstanding section 6.1, Service Provider shall be entitled to share
Confidential Information within the Service Provider Group and with
external service providers that may need to get access to such
Confidential Information in order to perform their services to the Service
Provider as and to the extent reasonably required for the Service Provider
to provide the Flora Square Services.
6.3 Neither Party shall be liable for disclosure and/or any use of such
Confidential Information insofar and to the extent as such information is
in, or becomes part of, the public domain other than through a breach of
these ToU or other obligation of confidentiality by the receiving Party, is
independently developed by the receiving Party without the benefit of
such information received from the disclosing Party, is disclosed and/or
used by the receiving Party with the prior written consent of the disclosing
Party, or is required to be disclosed to comply with applicable law, judicial
orders or decrees.
7. Data protection
7.1 The Parties undertake to comply and procure that their employees,
agents and subcontractors comply with applicable data protection lScaleway
in connection with the performance of their obligations under these ToU.
7.2 The Service Recipient acknowledges and agrees and shall ensure that
its users explicitly acknowledge and agree in respect of their personal
data that the Service Provider is entitled to process all information,
including personal data as defined by applicable data protection lScaleway and
as submitted by the Service Recipient for the purposes set out in these
ToU and, where the Service Recipient is a natural person, with respect
to her/his data for marketing purposes as set out in the Privacy Policy,
market research in relation to the Flora Square Services and for the
improvement of Service Provider goods, products and/or services.
7.3 The Service Recipient shall agree and shall procure that its users of the
Flora Square Platform agree in the course of the registration process to the
processing of their personal data as set out in this section 7. If and as
soon as a user revokes its consent for the processing of personal data,
Service Recipient shall simultaneously block and revoke this user's
access to the Flora Square Platform.
7.4 For the purposes of processing personal data of Service Recipient and
its users by Service Provider as applicable the Privacy Policy shall apply
and shall form an integral part of these ToU.
8. Warranty, liability
8.1 The Service Recipient acknowledges that the Flora Square Platform is
provided "as is" and the Service Provider does not provide any warranty
or representation, express or implied, with respect to the Flora Square Platform
and the information provided thereon and all related matters thereto.
Service Provider specifically disclaims any implied warranty as to
merchantability, fitness for a particular purpose or for any other matter.
8.2 To the extent permitted by law, Service Provider shall not be liable to
Service Recipient for any loss of profits, anticipated savings, business
opportunities, goodwill or reputation, that arise under or in connection
with the Flora Square Services provided under these ToU.
8.3 To the extent permitted by law, Service Provider shall not be liable to
Service Recipient for loss of data, or losses or damages related to limited
connectivity or availability of the Flora Square Platform.
8.4 Whilst every care has been taken to ensure that the data and information
provided in the context of the Flora Square Services is complete, correct,
accurate and not misleading, Service Provider shall not accept any
liability whatsoever for the accuracy, adequacy or completeness of such
information and data or for any costs or expenses incurred by the Service
Recipient in relation thereto.
8.5 To the extent permitted by law, Service Provider's liability for negligence
is excluded.
8.6 The compensation by Service Provider for consequential and financial
damage/loss, savings not realized, loss of interest or damages resulting
from third-party claims vis-à-vis the Service Recipient are excluded to the
extent permitted by law.
8.7 The limitations in this section 8 shall not apply to (i) a Party's liability for
death or personal injury, (ii) a Party's liability for fraudulent
misrepresentation or deliberate acts or omissions and (iii) any other
liability that cannot be excluded and/or limited by law.
8.8 The claiming Party shall, in relation to any loss or damage that may give
rise to a claim under these ToU against the other Party, take all
reasonable steps to avoid or mitigate that loss or damage, including by
pursuing any relevant third party, or claiming under any relevant
insurance policy or bond in respect of the loss or damage.
8.9 Nothing in these ToU shall be deemed to constitute a duty or obligation
for the Service Provider unless it is expressly set out in these ToU.
8.10 Storage and processing of all data and information provided as part of
the Flora Square Services as well as the operation of the Flora Square Platform take
place in physically separated network environments of the Service
Provider on servers of Scaleway.
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 Relevant hosting services of Scaleway
used for the provision of the Flora Square Services or the running of the Flora Square
Platform do not fall under Service Provider’s control or responsibility. With
respect to the hosting of the Flora Square Platform and the storage and
processing of Data in the context of providing the Flora Square Services the
Service Provider shall not be liable and assumes no obligations beyond
the relevant current terms of Scaleway.
8.11 To the extent available under the terms of Scaleway, without assuming any
obligation vis-à-vis the Service Recipient, the Service Provider shall upon
reasonable request by the Service Recipient explore in its sole discretion
options to choose a server region inside the European Union (EU) where
the Flora Square Platform shall be based and/or where the Service Recipient’s
data shall be stored.
8.12 The Service Provider is and remains free to choose, change to and
replace Scaleway by further comparable hosting providers and to base the
Flora Square Platform as well as store the Service Recipient’s data on these
hosting providers’ servers at these or better hosting provider’s current
terms and conditions. In this case, the Service Provider shall adequately
inform the Service Recipient.
9. Force Majeure
9.1 The Parties shall not be liable for delay or failure to perform any of their
obligations under these ToU in so far as the performance of such
obligation is entirely or partially prevented by a Force Majeure Event.
9.2 The Parties shall notify the other party immediately in writing upon the
occurrence of a Force Majeure Event and shall use all reasonable
endeavours to continue to perform its obligations for the duration of such
Force Majeure Event. Any Party whose failure to perform results from a
Force Majeure Event shall further take all reasonable steps to mitigate
any costs arising out of the Force Majeure Event.
9.3 Any liability for damages resulting from a Force Majeure Event is
excluded between the Parties to the extent permitted by law.
10. Term and termination
10.1 These ToU shall become effective on the Commencement Date.
10.2 The Flora Square Services for the Premium Package shall be provided on a
rolling basis for a term of one (1) year each unless terminated by either
Party in accordance with these ToU. The first year of the term shall end
on 24:00h CET of the last day of the twelfth full calendar month following
the Commencement Date. Any consecutive year of the term shall
commence on 00:00h CET of the first day of the calendar month following
the end of the previous contract year.
10.3 Either Party may terminate these ToU in their sole discretion as per the
end of each running contract year of the Service Term subject to thirty
(30) Days prior written notice.
10.4 Either Party may terminate these ToU with immediate effect for important
reasons, if (i) the other Party commits a material breach of any provision
of these ToU, provided that – if such breach is remediable – the
breaching Party fails to remedy that breach within a period of two (2)
weeks after having been notified by the other Party to do so or (ii) the
other Party is unable to pursue its activities under this Agreement for
whatever reason.
10.5 The Service Provider may, in addition to section 10.4 and to the extent
permitted by law, terminate these ToU with immediate effect, if (i)
bankruptcy or composition proceedings are opened with final effect
against the assets of the Service Recipient or such petition in bankruptcy
is dismissed due to insufficient assets, (ii) a change of control occurs with
respect to the Service Recipient, meaning any third party shall become
the owner, directly or indirectly, of shares representing more than 50% of
the aggregate voting power of the Service Recipient or (iii) the Service
Recipient rejects changes, amendments or modifications to these ToU or
to the Service Fees that have been made by Service Provider in
accordance with sections 11.1 or 15.3.
11. Service Fees and Payment Terms
11.1 The Flora Square Services for the Basic Package are billed annually. The
amount of the Services Fees depends on the number of products listed
on the Flora Square Platform; (i) 1 000 € shall be charged if less than Fifty (50)
products are listed on the Flora Square Platform (ii) 3 000 € shall be charged if
less than two hundred (200) but more than fifty (50) products are listed
on the Flora Square Platform (iii) 5 000 € shall be charged if more than two
hundred (200) products are listed on the Flora Square Platform.
11.2 The Flora Square Services for the Premium Package are billed annually. The
amount of the Services Fees depends on the number of products listed
on the Flora Square Platform; (i) 5 000 € shall be charged if less than Fifty (50)
products are listed on the Flora Square Platform (ii) 10 000 € shall be charged
if less than two hundred (200) but more than fifty (50) products are listed
on the Flora Square Platform (iii) 20 000 € shall be charged if more than two
hundred (200) products are listed on the Flora Square Platform.
11.3 The Flora Square Services for the Marketing Package shall be due and
payable no later than twenty (20) Days following the Commencement
Date. The amount of the Services Fees depends on the complexity and
the level of customization of the services provided and shall be agreed
by all Parties prior to the Commencement Date.
11.4 The Service Provider is entitled to adjust the Service Fees effective as of
the following contract year of the Service Term in its sole and unfettered
discretion subject to thirty (30) Days prior written notice. If the Service
Recipient does not object to such changes by written notice to the Service
Provider within ten (10) Days of receipt of the written notice the amended
Service Fees shall be deemed to have been agreed with effect as of the
following year of the Service Term.
11.5 The Service Fees are exclusive of any value added tax or similar tax that
applies to such type of fees. If the Service Fee is, or may become, subject
to withholding taxes, the Service Recipient shall inform the Service
Provider accordingly and the Service Provider shall be entitled to reflect
those taxes in the invoice so as to ensure that the Service Provider’s
overall position net of tax is no worse than it would have been in the
absence of such taxes. If the Service Recipient does not inform the
Service Provider before the Service Provider submits an invoice, the
amount of the invoice will be treated as increased as necessary to ensure
that after any withholding or deduction the Service Provider receives and
retains a net sum equal to the amount of the Service Fee specified in the
invoice.
11.6 Payment of the Service Fees shall be due and payable no later than
twenty (20) Days following the Commencement Date and following the
commencement of each consecutive contract year respectively. In case
of payment default or delay, the statutory interest rate applicable between
commercial parties shall be due.
11.7 The Service Recipient shall settle the invoices by funds transfer only to
one of the following accounts of Flora Square AG at Credit Suisse, Paradeplatz
8, Zurich, Switzerland ( SWIFT/BIC: CRESCHZZ80A, Clearing Number:
4835):
CHF 3804312-81 CH18 0483 5380 4312 8100 0
EUR 3804312-82 CH81 0483 5380 4312 8200 0
USD 3804312-82-1 CH54 0483 5380 4312 8200 1
To avoid any possibility of billing fraud, the Service Provider shall only
use these accounts for payment or any other account which the Service
Provider shall notify to the Service Recipient in accordance with the ToU.
Any amounts payable under these ToU shall be settled either in the
Benchmark Currency or in a Base Currency. If settled in a Base
Currency, the amounts payable in this Base Currency shall been
determined on the basis of the amount payable in the Benchmark
Currency converted by reference to the Spot Rate of Exchange as of the
due date for such amount payable.
12. Applicable Law and Jurisdiction
12.1 These ToU shall be governed by Estonian law, expressly excluding the
applicability of all conflict of the U.N. Convention on the
International Sale of Goods shall hereby be excluded.
12.2 The Parties expressly submit to the exclusive jurisdiction of the courts of
Estonia.
13. Assignment
13.1 Neither Party may assign any rights or obligations under these ToU to
any third party (assignee) without the explicit prior written consent of the
respective other Party.
13.2 Notwithstanding section 13.1, the Service Provider shall be entitled to
transfer or assign their rights and/or obligations under these ToU to any
Service Provider Subsidiary. To the extent that Service Recipient’s
consent is required to any such transfer or assignments of right and/or
obligations under applicable law(s), it is hereby granted.
14. Severability
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14.1 Each of the provisions of these ToU is severable. If any such provision is
held to be or becomes invalid or unenforceable in any respect in any
jurisdiction it shall have no effect in that respect, and such invalid or
unenforceable provision shall be deemed replaced by a valid provision
the effect of which is as close as possible to its intended effect as possible
and guaranteeing a corresponding commercial result. The aforesaid rule
shall apply mutatis mutandis to fill any gap that may be found to exist in
these ToU.
15. Other provisions
15.1 These ToU shall not affect, replace or amend any other agreements on
the same subject matter between the Parties.
15.2 Nothing contained in these ToU shall be deemed as constituting an
obligation or commitment of the Service Provider to procure any goods,
products and/or services other than the Flora Square Services or any
representation by or on behalf of the Service Provider.
15.3 The Service Provider is entitled to change, amend or otherwise modify
the ToU at any time subject to thirty (30) Days prior written notice. Such
changes, amendments or modifications shall be deemed accepted,
unless objected by the Service Recipient in writing within ten (10) Days
following receipt of such notification issued to the Service Recipient by
the Service Provider.
15.4 The Parties agree that documents in electronic form if provided in
accordance with these ToU shall be equivalent to hardcopy documents
and that they will not challenge their authenticity or correctness for the
sole reason that the documents are submitted in electronic form.
15.5 In case of conflicts or inconsistencies with any other agreement between
the Parties and unless specifically agreed otherwise between the Parties
the provisions of these ToU shall supersede, modify, amend and/or
replace, as the case may be, the conflicting provisions and shall meet or
shall be deemed to meet all formal requirements applicable to contractual
amendments contained in such other agreements.
15.6 Nothing contained in these ToU shall be construed as creating a
partnership, joint venture, agency or employee-employer relation, trust or
other association of any kind between the Parties.
16. The Basic Package
16.1 In case the Service Recipient has ordered the Basic Package, the
following terms shall apply.
16.2 A detailed description of the Flora Square Services included in the Basic
Package can be found online at https://florasquare.co/faq/supplier/basic. In
particular the following services are included:
•Basic company landing page

•Ingredient listing

•Reply to open quotations

•Showcase certifications

•Receive up to 10 messages and/or quotations per year

16.3 The terms as set forth in sections 0, 2, to 10.1., 10.4, 10.5, 11.2 to 15.3,
and 17.3 shall apply accordingly for the Basic Package unless
otherwise specified in this section 16
16.4 The Flora Square Services for the Basic Package shall be provided on a
rolling basis for a term of one (1) year each unless terminated by either
Party in accordance with the applicable provisions of these ToU. The first
year of the term shall end on 24:00h CET of the last day of the twelfth full
calendar month following the Commencement Date. Any consecutive
year of the term shall commence on 00:00h CET of the first day of the
calendar month following the end of the previous contract year.
16.5 Either Party may terminate these ToU in their sole discretion by the end
of each running contract year of the Service Term subject to thirty (30)
Days prior written notice. Additionally, Service Recipient may terminate
these ToU in its sole discretion subject to fourteen (14) Days prior written
notice before the Day on which the receipt of the next yearly invoice is
scheduled to take place according to the yearly billing schedule (Sec.
11.2).
16.6 Data made available on the Flora Square Platform and as part of the Flora Square
Services is mostly extracted from text and images available on suppliers’
publicly accessible or specifically provided sources or manually edited by
the suppliers directly on Flora Square.com using the “Editor” function. The
Service Provider does not and cannot warrant that all available data is
extracted.
16.7 Extraction of information from sources available to the Flora Square Platform
are done in periodic (currently weekly) re-crawls and certain suppliers
may decide to block the Service Provider’s crawler. Furthermore, all data
entered using Flora Square’s “Editor” automatically overrule the Service
Provider’s crawler - Hence, certain suppliers may therefore reflect legacy
information and may differ from the respective suppliers’ current and
updated information.
16.8 The Flora Square Services will be provided to the Service Recipient solely
through the Flora Square Platform in a Software as a Service approach. There
is no entitlement whatsoever of the Service Recipient to receive specific
customer support or help desk support beyond of what is provided on the
Flora Square Platform. It remains in the sole discretion of the Service Provider
to address any such requests provided by the Service Recipient through
the agreed communications channels.
16.9 The Service Provider shall use reasonable efforts to maintain availability
of the Flora Square Platform and of the Flora Square Services. Market standard
service intervals and service downtime as well as unscheduled downtime
of the Flora Square Platform shall not cause any claim or liability of the Service
Provider provided that the Service Provider uses reasonable endeavours
to restore the availability of the Flora Square Services and the Flora Square Platform.
17. The Premium Package
17.1 In case the Service Recipient has ordered the Premium Package,
sections 1 to 17 shall apply.
17.2 A detailed description of the Flora Square Services included in the Premium
Package can be found online at
https://florasquare.co/pricing In particular the following
services are included:

•Customizable company landing page

•Identify warm leads

•Analytics & trends dashboard

•Concierge Service to support product edits & improve search ranking

•Place bid on reverse auctions (coming soon)

•Unlimited respond to RFQ and Messages

17.3 Analytics reports and dashboards provided as part of the Flora Square Services
do not guarantee success of marketing actions and commercial insights
derived thereof.
17.4 Qualification and score of potential business leads are solely derived
from available data and user behaviour on the Flora Square Platform and do
not guarantee or directly reflect the actual interest of a user.
17.5 The Flora Square Services for the Premium Package shall be provided on a
rolling basis for a term of one (1) year each unless terminated by either
Party in accordance with the applicable provisions of these ToU. The first
year of the term shall end on 24:00h CET of the last day of the twelfth full
calendar month following the Commencement Date. Any consecutive
year of the term shall commence on 00:00h CET of the first day of the
calendar month following the end of the previous contract year.
18. The Marketing Package
18.1 In case the Service Recipient has ordered the Marketing Package the
terms shall be agreed between Parties on a case by case basis.
18.2 A detailed description of the Flora Square Services available in the Marketing
Package can be found online at
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https://florasquare.co/pricing. In particular the following
services are included:

•Be featured on the search page

•Co-create a blog article with us

•Your logo featured on EOTrace homepage.

•Get featured as a highlight ingredient or service offering in a social media post or email newsletter to 3000 F&F Buyer

•Tailored market trends & price (coming soon)

•Concierge service to manage your account

18.3 The terms as set forth in sections 1, 2, 3.1 to 10.1, 12 to 15.6, and 17.3
shall apply accordingly for the Marketing Package unless otherwise
specified in this section 18
18.4 The Services included as part of the contracted Marketing Package shall
be completed in accordance to the schedule agreed between parties.
19. The 30-days free trial
19.1 In case that the Service Recipient has ordered the 30-days free trial of
the Premium Package the following terms shall apply.
19.2 The 30-days free trial of the respective package is limited to a one-time
use and may not be ordered more than once by the Service Recipient.
19.3 During a period of thirty (30) calendar days after the Commencement
Date (“Free Trail Period”) the Flora Square Services are provided within the
scope of the respective package ordered by Service Recipient (Premium
Package as described in sections 17.2) and the Service Recipient may
at any time after the Free Trail Period upgrade to the Premium Package
subject to the acceptance of the applicable sections of these ToU.
19.4 The 30-days free trial of the Premium Package is provided free of
charge.
19.5 The 30-days free trial of the respective package shall be concluded for
an indefinite period of time starting on the Commencement Date of the
30-days free trial of the respective package.
19.6. Either Party may terminate these ToU anytime with immediate effect
upon written notice.
19.7 The terms as set forth in sections 1, 2, 3.1 to 10.1, 12 to 15.6, and 17.3
shall apply for the 30-days free trial of the Premium Package or the
Basic Package.