Website Terms of Use

IMPORTANT NOTICE: These terms (“Terms”) govern your use of the Flowdesk website (“Website”). By accessing any page of this Website, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree, please do not use this Website. If you are not a professional investor or do not have relevant investment experience, please consult an independent financial adviser before making any investment decision. These Terms form a legally binding agreement between you and Flowdesk.  Flowdesk reserves the right to amend these Terms at any time. Any amendment will be effective immediately upon posting the revised Terms to this Website. Your continued use of this Website after any such amendment constitutes your acceptance of the revised Terms.  We reserve the right to modify, suspend, or discontinue the Website, or any part of it, at any time and without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

1. Company Information

This Website is operated by Flowdesk SAS, a company incorporated under French law (SIRET: 883 604 647), with its registered office at 231 Rue Saint-Honoré, 75001 Paris, France ("Flowdesk", "we", "us", or "our").

Any questions regarding these Terms or the use of this Website should be directed to: legal@flowdesk.co.

2. Access and Use of the Website

2.1 Permitted Use

By accessing this Website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you have the legal capacity to enter into a binding agreement under the laws of your jurisdiction; and (iii) where you are accessing this Website on behalf of a legal entity, you are duly authorised to act on that entity's behalf and that entity qualifies as an institutional or professional client under applicable law. This Website is not directed at retail clients or consumers as defined under applicable financial services regulations.

You may use this Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website in any way that violates applicable local, national, or international law or regulation. Flowdesk reserves the right, in its sole discretion and without prior notice or liability, to restrict, suspend, or permanently terminate your access to all or any part of this Website at any time, including where we reasonably believe you have breached these Terms, violated applicable law, or where we are required to do so by a competent authority. Termination of your access does not affect any provisions of these Terms that by their nature should survive termination, including without limitation the sections on intellectual property, limitation of liability, and governing law.

2.2 Access from Outside France

This Website is operated from France. If you access this Website from another jurisdiction, you do so at your own initiative and are solely responsible for compliance with local laws and regulations, including obtaining any necessary legal, tax, or financial advice applicable in your jurisdiction.

2.3 Prohibited Conduct

You agree that you will not:

• Use the Website in any manner that could damage, disable, overburden, or impair it, or interfere with any other party's use.
• Attempt to gain unauthorised access to any part of the Website, server, or network connected to the Website.
• Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
• Use automated means (bots, scrapers, crawlers, etc.) to access, monitor, or copy content without our prior written consent.
• Introduce viruses, trojans, worms, or other malicious or harmful material to the Website.
• Reproduce, duplicate, copy, or resell any part of the Website.

In particular, you shall not conduct, facilitate, authorise, or permit any text or data mining, web scraping, or automated extraction of data in relation to this Website or its content. This prohibition includes the use of any robot, bot, spider, scraper, crawler, or similar automated tool to access, copy, monitor, or republish any portion of this Website or any content accessible through it. This clause constitutes an express reservation of our rights for the purposes of Article 4(3) of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market. This prohibition applies to the fullest extent permitted by applicable law, including where such activity is otherwise authorised under national implementing legislation.

3. No Offer, Solicitation, or Recommendation

The content on this Website is published for general informational purposes only. Nothing on this Website constitutes, or should be construed as:

• An offer, invitation, or solicitation to buy, sell, or subscribe to any financial instrument, investment product, or service;
• Investment advice or a personal recommendation to engage in any particular transaction;
• Legal, tax, regulatory, or accounting advice of any kind.

Flowdesk only provides information about its own products and services. No information or advice obtained through this Website shall create any binding obligation or warranty on our part.

4. No Reliance

Although Flowdesk uses reasonable efforts to source information from reliable sources, we make no representation or warranty as to the accuracy, reliability, or completeness of any content. All content is subject to change without notice.

You acknowledge and agree that any reliance you place on content from this Website is entirely at your own risk. You are solely responsible for independently verifying any information and seeking qualified professional advice before making any decision based on content from this Website.

5. No Warranty

This Website is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Website will be uninterrupted, error-free, or free from viruses or other harmful components;
• Any warranty as to the accuracy or completeness of any content.

Flowdesk does not guarantee continuous or uninterrupted access to the Website. We accept no responsibility for temporary unavailability resulting from technical issues beyond our control.

6. Intellectual Property

All intellectual property rights in and to this Website and its content, including but not limited to text, graphics, logos, images, software, databases, and source code, are owned by or licensed to Flowdesk and are protected by French and international intellectual property laws.

You must not:

• Reproduce, distribute, modify, or create derivative works of any content without our prior written consent;
• Use any content for commercial purposes or in a manner that could damage Flowdesk's reputation;
• Remove or alter any copyright, trademark, or other proprietary notices contained in the content;
• Link to or frame this Website from another website without our prior written permission.

The Flowdesk name, logo, and all related product and service names, designs, and slogans are trademarks of Flowdesk SAS or its affiliated entities. You are not permitted to use these marks without our prior written approval.

7. Third-Party Websites and Links

This Website may contain hyperlinks to third-party websites. These links are provided solely for your convenience and do not constitute an endorsement by Flowdesk of the content, products, or services available on such websites.

Flowdesk has no control over third-party websites and accepts no responsibility for their content, accuracy, availability, or practices. Access to third-party websites is entirely at your own risk. You are responsible for reviewing the terms and privacy policies of any third-party websites you visit.

We shall not be liable for any loss or damage arising from or in connection with your use of third-party websites or reliance on any information, goods, products, or services available through them.

8. Data Protection and Privacy

Flowdesk processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679, the French Data Protection Act (Loi Informatique et Libertés), and the guidelines of the Commission Nationale de l'Informatique et des Libertés (CNIL), and any other countries’ applicable data protection laws.

When you submit personal data via this Website, you agree that such data may be processed by Flowdesk in accordance with our Privacy Policy, which is incorporated into and forms part of these Terms. Personal data will not be shared with or sold to third parties except as described in our Privacy Policy or as required by applicable law.

Flowdesk may use cookies and similar tracking technologies to improve your experience on this Website. Please refer to our Cookie Policy for full details of how we use cookies and how you can manage your preferences.

Personal data may be stored on servers maintained by third-party service providers acting as data processors on our behalf. All such providers are contractually required to maintain appropriate security standards and to process data only on our instructions.

9. Security

Flowdesk does not warrant that this Website will be secure, uninterrupted, or free from technical issues. No transmission of data over the internet can be guaranteed to be completely secure. Flowdesk accepts no liability for any loss or damage arising from security breaches, data interception, or technical vulnerabilities beyond its reasonable control.

You are responsible for ensuring that your own systems and devices are protected against viruses, malware, and other security threats. Flowdesk accepts no liability for damage caused to your systems as a result of viruses or other malicious code that may be acquired through the use of this Website.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Flowdesk and its directors, officers, employees, agents, and licensors shall not be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, consequential, or punitive, arising from or in connection with your use of, or inability to use, this Website or its content. Flowdesk accepts no responsibility whatsoever for any damages arising from your reliance on information provided on this Website, from errors or omissions, from interruptions to availability, or from any cause whatsoever. Flowdesk shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, government actions, pandemics, war, natural disasters, telecommunications failures, cyber-attacks, shutdowns of any sort, or disruptions to third-party infrastructure.

11. Indemnification

You agree to indemnify, defend, and hold harmless Flowdesk and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Website or content in breach of these Terms; (ii) your violation of any applicable law or regulation; or (iii) any infringement by you of the rights of any third party.

12. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

13. Waiver

No failure or delay by Flowdesk in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude further exercise of that or any other right or remedy.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of France, without prejudice to any applicable mandatory provisions of the law of your country of residence.

You irrevocably agree to submit to the exclusive jurisdiction of the Commercial Courts of Paris (Tribunal de Commerce de Paris) for the resolution of any dispute arising out of or in connection with these Terms or your use of the Website.

15. Contact Us

If you have any questions about these Terms, please contact us at:  Flowdesk SAS, 231 Rue Saint-Honoré, 75001 Paris, France. Email: legal@flowdesk.co. SIRET: 883 604 647

For the purposes of formal legal notices, communications must be sent in writing to the registered address above or by email to legal@flowdesk.co and will be deemed received on the next business day following transmission.