This User Agreement ('Agreement') is a legally binding contract between you ('User') and Florissio - Digital Florist ('Florissio'), governing your access to and use of Florissio's digital platform ('Platform'). By accessing or using the Platform, you agree to be bound by the terms of this Agreement. If you do not accept these terms, you may not use or access the Platform.
Florissio is a digital platform that enables florists to design and sell digital bouquets. Users can sell these digital bouquets as physical bouquets through our partner companies or franchises and/or as non-fungible tokens (NFTs) on NFT marketplaces by minting their digital floral art on the blockchain.
To access and use the Platform, you must register for an account and provide accurate and complete information about yourself as prompted by the registration form. You agree to maintain the security of your account and are solely responsible for all activity that occurs under your account. To mint your digital art on the blockchain, you must create and link a compatible crypto wallet to your account. Please note that only users with Florissio Tokens are eligible to use Florissio's minting services. Therefore, you must ensure you have the necessary Florissio Token in your connected wallet to mint and sell your digital art and to receive payment after selling your digital art, as stipulated in the NFT collection's smart contract. You are solely responsible for complying with the requirements to use the minting services on the Florissio platform and maintaining the security of your crypto wallet and all activity that occurs under it.
You agree to use the Platform only for lawful purposes and in accordance with all applicable laws and regulations. You agree not to use the Platform in any manner that infringes on third-party rights or applicable law.
When you, as a digital florist, create arrangements digitally and successfully sell them physically through Florissio's partner/franchise companies, you will earn a commission of 10% on each sale of it, while the partner companies that assemble the physical bouquet and deliver it earn a commission of 80%. If you are an ambassador and manage to get another florist's arrangement sold through your network, you earn a commission of 5%. When you sell your digital art for the first time as an NFT on an NFT marketplace, you earn a commission of 90% on its first sale. Florissio charges a commission of 5% for its service, and 5% goes to charitable organizations. Reminder that the chosen marketplace can charge a service fee.
You agree to donate 5% of your sales to charitable organizations that are dedicated to creating a more eco-friendly world and striving for a greener global improvement.
You shall comply with all applicable consumer protection rules and regulations when using the Platform and are solely responsible for any violations of such rules or regulations. Florissio shall not be held liable for any user violations of consumer protection rules or regulations.
Florists creating digital bouquets for physical sale through partner companies as digital florists are subject to the terms established by the partner company. Florissio shall not be held liable for any disputes or issues that may arise between the florists and the partner company.
Florissio retains ownership of all intellectual property rights related to the Platform, including digital bouquets and other digital floral art created using the Platform. By using the Platform, you acknowledge and agree that Florissio owns all intellectual property rights in the digital bouquets and other digital floral art created using the Platform. You agree not to reproduce, distribute, create derivative works of, display, perform, sell, or license any digital bouquets or other digital floral art created using the Platform without Florissio's prior written consent. By registering with Florissio, you are granted a non-exclusive, worldwide, royalty-free right to use the Platform, including the ability to create and sell digital art, either through partner companies or franchises as a physical bouquet or as NFTs on NFT marketplaces. You are entitled to a commission of 10% on the sale of your digital art sold as a physical arrangement. This grant is limited to promoting the Platform and your digital art created through the Platform. You must pay a creator fee of 5% to Florissio for each NFT sale and 5% to charities that Florissio works with. No further fees for the use of their intellectual property. This means you can use, display, and perform the digital bouquets and other digital floral art created with the Florissio platform. You get a commission of 90% from your first NFT sale. Reminder that the chosen marketplace can charge a service fee. The grant cannot be sublicensed or transferred to another person or entity.
THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE.' FLORISSIO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Limitation of Liability FLORISSIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THIS AGREEMENT, EVEN IF FLORISSIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Florissio reserves the right to cancel or terminate your access to the Platform for any reason, at any time, without notice or liability.
This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by and interpreted in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.
This Agreement constitutes the entire agreement between you and Florissio concerning the use of the Platform and supersedes all prior or contemporaneous communications and proposals.
You (hereafter referred to as 'Florist') are registered as an independent digital florist (decentralized florist) at Florissio (hereafter referred to as 'the Company'), with the primary responsibility to assist with the sale and marketing of digital floral arrangements.
You will earn a commission of 10% for each successful sale of a digital floral arrangement during 2024. The commission rate is subject to review and adjustment by Florissio.
All digital floral arrangements created under your commission agreement with Florissio are considered the property of the company. Florissio retains all intellectual property rights, including copyrights, to all work performed for the company under this commission agreement.
Florissio complies with the General Data Protection Regulation (GDPR) regarding the processing of personal data. As an independent digital florist, you must adhere to GDPR policies and procedures. A copy of the GDPR is attached to this agreement as Appendix B.
This agreement takes effect from your first registration day with Florissio and remains valid until terminated by either party.
Either party may terminate this agreement at any time, with or without cause, by giving three days' written notice to the other party. Upon receipt of the notice of termination, you must return all property and materials belonging to the company that are in your possession within three days.
You commit to maintaining the confidentiality of all proprietary information and any information belonging to Florissio and not to disclose such information to any third party without obtaining written consent from Florissio.
You are responsible for obtaining and maintaining any necessary insurance, including but not limited to professional liability insurance, to cover your work as an independent digital florist. Florissio bears no responsibility and/or liability for any damage or loss that arises as a result of your work and will not provide any insurance coverage for you.
Any disputes arising from this agreement between the parties shall be resolved through mediation and, if necessary, binding arbitration, in accordance with applicable laws and regulations.
This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Florissio operates.
Florissio reserves the right to change or adjust this agreement at its sole discretion. Any changes to this agreement will be communicated to you in writing.
The contact information for the parties is provided below. All communication between the parties in this agreement shall be conducted via email, and sending an email to the other party's email address shall be considered valid.