Terms and Conditions of the service
These Terms and Conditions (the “Terms”) govern the purchase and use of Evoflor (the “Service”), provided by International Flower Technology LLC (hereinafter “Evoflor”, “we”, “us”). By creating an account, you accept these Terms. If you accept them on behalf of a company, you declare that you have authority to bind it.
1. Definitions
- Service: the Evoflor web application and its features.
- Customer: the natural or legal person (the flower shop) that purchases the Service in the course of its business or professional activity. The Service is not aimed at consumers.
- User: each person authorised by the Customer to access the Service (owner, florist, driver).
- End Customer Data: the personal data of the flower shop’s customers and recipients that the Customer enters or manages in the Service.
2. Account and registration
To use the Service you must create an account with accurate information and keep it up to date. You are responsible for keeping your credentials confidential and for the activity carried out under your account. You must notify us without delay of any unauthorised use.
3. Free plan, free trial, plans, payment and renewal
3.1 Free plan and free trial
The Service offers a Free plan, at no cost, with no end date and without the need to provide a means of payment, with the features and usage limits published in “My account → Plan and billing” and on the website (for example, a maximum number of orders and events per month). Orders and events created count towards those limits even if they are later deleted. We may change the features and limits of the Free plan with reasonable prior notice.
When you create your account, a free trial period of 15 days may also be offered, unless a different duration is indicated at sign-up, without the need to provide a means of payment. During the trial you have access to all features. If you have not purchased a plan when it ends, the account moves to the Free plan and you keep your data.
3.2 Plans and prices
The available plans, what each one includes and their monthly and yearly prices are published in “My account → Plan and billing”, available from the first day of the trial, and are provided to anyone who requests them at hola@evoflor.com. The price in force at the time of purchase applies. The yearly plan is paid in advance for the twelve months.
The set-up service is an optional one-off paid service (training and initial configuration of the Service) that can be purchased together with a paid plan. Its price is shown before payment and charged at that time, including when the plan starts during the trial.
3.3 Taxes
Prices are expressed in euros and do not include indirect taxes. International Flower Technology LLC is a company established outside the European Union that provides the Service to businesses and professionals, so its invoices are issued without VAT. Where the applicable rules require it, the Customer self-assesses the corresponding tax in its country (reverse charge).
3.4 Purchase and means of payment
The plan is purchased from “My account → Plan and billing”, using the means of payment offered at any given time (card and, when available, direct debit), or by any other means we expressly agree with you. Payments are processed by Stripe, our payment service provider: Evoflor does not store the full details of your card or bank account. If you purchase during the trial, you keep your remaining days and the first charge is made when the trial ends. You will receive each invoice by email and can download them from your account.
3.5 Automatic renewal
The subscription renews automatically at the end of each period (monthly or yearly) for another equal period, and its amount is charged at the start of each period to the registered means of payment, until you cancel it. For yearly plans we will notify you before renewal.
3.6 Plan changes
You can change your plan or billing frequency from your account. If you upgrade or switch from monthly to yearly billing, the change is immediate and the prorated amount for the current period is charged at that time, less what has already been paid; the amount is shown to you before you confirm. If you downgrade or switch from yearly to monthly billing, the change applies at the end of the period already paid. It is not possible to downgrade to a plan that allows fewer users than your team has.
3.7 Cancellation
You can cancel the subscription at any time from your account. Cancellation takes effect at the end of the period already paid, until which you keep full access. The amount for the current period, whether monthly or yearly, is not refunded unless the applicable law provides otherwise. When it ends, the account moves to the Free plan, with its limits, and you keep your data; you can also export it in accordance with clause 9.
3.8 Non-payment
If a charge cannot be made, we will notify you and it will be retried for a period of approximately two weeks, during which the Service will keep working so you can update your means of payment. If payment is not completed within that period, the subscription will be cancelled and the account will move to the Free plan, with its limits and without loss of data. You can return to a paid plan at any time by purchasing it again.
3.9 Price changes
We may change prices. Changes do not affect the period already paid and we will notify you at least 30 days before the renewal to which they apply; if you do not agree, you can cancel before that renewal.
4. Acceptable use
The Customer and Users undertake not to:
- use the Service for unlawful or unauthorised purposes;
- enter data they have no legitimate basis to process;
- attempt to access other customers’ data, breach security or reverse-engineer the Service;
- overload the infrastructure or interfere with its operation.
5. Ownership of data and content
Evoflor owns the software and infrastructure of the Service. The Customer is and remains the owner of the data it enters, including End Customer Data. With regard to the latter, Evoflor acts as data processor and processes it only in accordance with the Customer’s instructions and the Data Processing Agreement (DPA), which forms part of these Terms.
6. Availability and support
We work to keep the Service continuously available, but we do not guarantee uninterrupted availability. We may carry out maintenance and improvements, trying to minimise their impact. Support is provided through the channels indicated in the Service.
7. Confidentiality
Each party undertakes to keep confidential the non-public information of the other party to which it has access in connection with the Service, and to use it only for the purposes of the Service.
8. Limitation of liability
To the extent permitted by law, Evoflor shall not be liable for indirect damages, loss of profit or loss of data not attributable to its actions. Nothing in these Terms limits liability that cannot be excluded by law. The Customer is responsible for having the legal basis to process the End Customer Data it enters.
9. Term and termination
The Service is provided while the account is active. The Customer may cancel its subscription in accordance with clause 3.7, and either party may terminate the relationship in accordance with what has been agreed. After termination, the Customer may export its data for a reasonable period; once that period has passed, the data will be deleted or anonymised in accordance with the Privacy Policy and the DPA, unless there is a legal obligation to retain it.
10. Changes
We may change the Service and these Terms. If the changes are material, we will give reasonable prior notice. Continued use of the Service after they take effect implies acceptance.
11. Data protection
The processing of personal data is governed by the Privacy Policy and by the DPA.
12. Governing law and jurisdiction
These Terms are governed by Spanish law. For any dispute, the parties submit to the courts and tribunals of the domicile of International Flower Technology LLC, unless a different mandatory jurisdiction applies.
13. Contact
For any question about these Terms: hola@evoflor.com.