Annex 5 – Flower Hub Terms

This Annex 5 forms part of the current Terms of Service.

These Flower Hub Terms apply in addition to the Terms of Service if You use the Flower Hub. Unless otherwise stipulated, in case of a conflict between the terms in this Annex 5 and the Terms of Service, the terms in this Annex 5 shall prevail.

1. Scope of Services

Flower Labs provides the Flower Hub as a platform feature that enables Users to publish, discover, and execute Apps. The Flower Hub serves as a repository and distribution mechanism for Apps developed by Flower Labs, Publishers, and third parties.
Apps may be made available as Artifacts.
The Flower Hub supports different Visibility Levels for Apps, including Public Apps, Private Apps, and Org-only Apps. The applicable Visibility Level determines who may discover, access, and execute an App.
You can access the Flower Hub only by registering for an account on the Platform in accordance with Section 3 of the Terms of Service.

2. User Rights and Remedies

When You access or use a Third-Party App, You enter into a separate contractual relationship with the Publisher of that App, governed by the applicable App License. Flower Labs is not a party to such contract and is not responsible for the Publisher's performance or non-performance. Any rights to a Third-Party App are granted to You only by the Publisher in the App License.
With respect to Third-Party Apps, You may:
report any App that You believe violates Applicable Law, infringes Your rights, or violates the Acceptable Use Policy by submitting a notice to Flower Labs as described in Section 6 of these Flower Hub Terms;
cease using any App at any time;
exercise any rights granted to You under the applicable App License, including any rights to receive updates, support, or refunds as specified therein; and
contact the Publisher directly to exercise any warranty or support rights.

3. Publisher Rights and Obligations

As a Publisher, You retain all Intellectual Property Rights in and to Your Apps. Nothing in these Flower Hub Terms transfers ownership of Your Apps to Flower Labs.
For Third-Party Apps, the Publisher is responsible for statutory obligations toward consumers, including obligations under consumer protection laws.
By publishing an App to the Flower Hub, Publisher grants Flower Labs:
a non-exclusive, worldwide, royalty-free license to host, cache, store, reproduce, distribute, display, and enable the execution of Your App solely for the purpose of operating and providing the Flower Hub and related Services.
the right to feature, promote, or highlight Your Public Apps on the Platform, in marketing materials, or in other communications, unless You opt out of such promotion by notifying Flower Labs in writing.
You are solely responsible for including an accurate and complete App License with each App You publish. The App License governs the downstream use of Your App by other Users. If You fail to include an App License, or if the App License is incomplete or inaccurate, You remain solely responsible for any resulting claims or disputes.
You represent and warrant that:
You have all necessary rights to publish the App and grant the licenses set forth herein;
Your App does not infringe any third-party Intellectual Property Rights;
Your App does not contain any malware, viruses, or other harmful code;
Your App complies with the Acceptable Use Policy and the Applicable Law; and
any information or metadata You provide in connection with Your App is accurate and not misleading.
You shall not publish any App that violates the Acceptable Use Policy, Applicable Law, or third-party Intellectual Property Rights. In particular, You shall not publish any App that:
contains illegal content;
infringes third-party copyrights, trademarks, or other Intellectual Property Rights;
contains explicit, offensive, or harmful material;
impersonates another person, organization, or App; or
otherwise violates the Acceptable Use Policy.
You may remove Your App from the Flower Hub at any time. Removal of an App does not affect any licenses previously granted to Users who accessed the App prior to removal.

4. Third-Party Apps and Disclaimers

Third-Party Apps are provided by their respective Publishers and are not developed, maintained, or controlled by Flower Labs.
Flower Labs does not review, audit, test, or verify all Apps available on the Flower Hub. The availability of an App on the Flower Hub does not constitute an endorsement, recommendation, or guarantee by Flower Labs as to the quality, safety, legality, or fitness for any particular purpose of such App.
Your access to and use of any Third-Party App is at Your own risk. You are solely responsible for evaluating whether a Third-Party App is suitable for Your intended use and for any consequences arising from Your use of such App.
Subject to Section 12 of the Terms of Service and to the extent permitted by Applicable Law, Flower Labs shall not be liable for any Third-Party App, provided that Flower Labs:
did not have actual knowledge of illegal content or activity, or
upon obtaining such knowledge, acted expeditiously to remove or disable access to the illegal content in accordance with the notice and takedown procedures set forth in Section 6 of these Flower Hub Terms.
This limitation of liability does not apply to liability under mandatory provisions of Applicable Law, including but not limited to liability for intent, gross negligence, injury to life, body or health, or liability under the German Product Liability Act.
Any dispute or claim relating to a Third-Party App shall be resolved directly between You and the respective Publisher. Flower Labs is not a party to and shall not be responsible for any such dispute or claim.
Your use of a Third-Party App may be subject to additional terms and conditions set forth by the Publisher in the applicable App License. You are responsible for reviewing and complying with any such App License before using the App.

5. Verification and Badges

Flower Labs may display Badges on certain Apps within the Flower Hub. Badges are informational signals only and are intended to provide Users with additional context about an App.
A "Verified" Badge indicates that the App has been cryptographically signed by a User or organization other than the Publisher. Verification confirms the identity of the signer but does not constitute an endorsement, recommendation, or guarantee by Flower Labs or the signer as to the quality, safety, security, legality, or fitness for any particular purpose of the App.
An "Approved" Badge indicates that the App has been reviewed and approved by an organization for use within that organization's environment. Approval is specific to the approving organization and does not constitute an endorsement by Flower Labs.
Flower Labs may introduce additional types of Badges from time to time.
The display of any Badge does not create a duty of care on the part of Flower Labs, the signer, or the approving organization toward Users of the App. Subject to Section 12 of the Terms of Service, neither Flower Labs nor any third party displaying or granting a Badge shall be liable to Users for any claims arising from the use of a Badged App.
As a User, You acknowledge that Badges are not a substitute for Your own evaluation of an App. You remain solely responsible for assessing the suitability and risks of any App You use, regardless of whether it displays a Badge.

6. Moderation and Takedown

Flower Labs acts as a neutral intermediary with respect to Apps published on the Flower Hub. Flower Labs does not endorse, adopt, or assume responsibility for the content of any App published by a Publisher.
Flower Labs reserves the right, at its sole discretion, to remove, disable, or restrict access to any App, or to suspend or terminate any Publisher's account, at any time and for any reason, including but not limited to suspected or actual violation of the content restrictions set forth in Section 3 of these Flower Hub Terms, the Terms of Service, or the Acceptable Use Policy, or receipt of a valid notice under this Section 6.
If You believe that an App infringes Your Intellectual Property Rights or otherwise violates Applicable Law, You may submit a notice to Flower Labs at the contact address specified in Section 1 of the Terms of Service. The notice must include:
Your name and contact information;
identification of the App that is the subject of the complaint;
a description of the alleged infringement or violation;
a statement that You have a good faith belief that the use of the material is not authorized; and
a statement, under penalty of perjury, that the information in the notice is accurate and that You are authorized to act on behalf of the rights holder.
Upon receipt of a notice, Flower Labs will review the complaint and, if it determines that the App violates Applicable Law or these Flower Hub Terms, will take appropriate action, which may include removing or disabling access to the App. Flower Labs will notify the affected Publisher of the action taken, unless such notification is prohibited by Applicable Law or would interfere with a law enforcement investigation.
If You are a Publisher and Your App has been removed or Your Publisher account has been suspended, You may submit a counter-notice to Flower Labs explaining why You believe the removal or suspension was unjustified. Flower Labs will review the counter-notice and may, at its sole discretion, restore the App or reinstate the account.
Flower Labs will not be liable to You or any third party for any removal, disabling, or restriction of access to any App, or for any suspension or termination of any Publisher's account, taken in good faith pursuant to this Section 6 or in response to a valid legal request.

7. Prohibited Conduct and API Use

The restrictions in Section 7 of the Terms of Service apply to all Users of the Flower Hub, including Publishers when acting as Users. In addition to the restrictions set forth in Section 4 of the Terms of Service and Section 2 of these Flower Hub Terms, You shall not, and shall not permit any third party to, engage in any of the following prohibited conduct in connection with the Flower Hub:
scrape, crawl, spider, or use any automated means to access, index, or collect data from the Flower Hub, except as expressly permitted by Flower Labs in writing or through published APIs in accordance with the applicable API documentation;
mirror, copy, or create derivative works based on the Flower Hub or any Apps available thereon, except as expressly permitted by the applicable App License;
manipulate or artificially inflate any reputation signals, metrics, or rankings on the Flower Hub, including but not limited to downloads, ratings, reviews, or stars;
circumvent or attempt to circumvent any access controls, rate limits, or security measures implemented by Flower Labs;
use the Flower Hub or any App to transmit any malware, viruses, or other harmful code;
use the Flower Hub in any manner that could damage, disable, overburden, or impair the Flower Hub or interfere with any other party's use of the Flower Hub; or
integrate the Flower Hub or any of its APIs into any third-party software, product, or service without the prior written consent of Flower Labs.
Flower Labs may publish APIs that allow programmatic access to certain features of the Flower Hub. Your use of any such APIs is subject to the API documentation and any applicable rate limits. Flower Labs reserves the right to modify, suspend, or discontinue any API at any time without prior notice.
Any violation of this Section 7 may result in the immediate suspension or termination of Your access to the Flower Hub without prior notice, in addition to any other remedies available to Flower Labs under the Agreement or Applicable Law.

8. Enterprise Controls

Flower Labs may offer Enterprise Controls for enterprise customers. The availability and scope of Enterprise Controls depend on the subscription plan and may be specified in the applicable Order.
Enterprise Controls may include, but are not limited to:
approved-only execution: restricting the execution of Apps within the Customer's environment to Apps that have been explicitly approved by the Customer's organization;
Public Apps: disabling access to Public Apps;
Org-only App: restricting access to Org-only Apps; and
additional administrative and security controls as described in the Documentation or the applicable Order.
The Customer is responsible for configuring and managing Enterprise Controls within its organization. Flower Labs shall not be liable for any unauthorized access or use of Apps resulting from the Customer's failure to properly configure or maintain Enterprise Controls.

9. Export Compliance

The Publisher guarantees that all of its Apps published to the Flower Hub are authorized for export, import, and use in each region in which Publisher makes the App available, in accordance with all applicable export control laws and regulations, including but not limited to the European Union Dual-Use Regulation, the German Foreign Trade and Payments Act, and, where applicable, the U.S. Export Administration Regulations.
If any App contains, uses, or supports data encryption or cryptographic functionality, Publisher guarantees having complied with all applicable encryption export regulations and have obtained any required authorizations, licenses, or permits.
Publisher shall not publish any App to the Flower Hub that is intended for use by, or is targeted at, any person, entity, or region subject to applicable sanctions, embargoes, or export restrictions.

10. Intellectual Property Disputes

This Section 10 applies to Publishers. In the event that a dispute arises concerning the content of Your App or the use of Your Intellectual Property Rights on the Flower Hub, You agree to:
permit Flower Labs to share Your contact information with the party filing such dispute;
participate in good faith in Flower Labs' dispute resolution process; and
respond promptly to any inquiries from Flower Labs regarding the dispute.
Flower Labs' dispute resolution process is conducted on a non-exclusive basis and without any party waiving its legal rights. Participation in the dispute resolution process does not preclude any party from pursuing legal remedies.
The takedown rights set forth in Section 6 of these Flower Hub Terms apply to intellectual property disputes. Flower Labs reserves the right to remove or disable access to any App that is the subject of a credible intellectual property dispute, pending resolution of such dispute.

11. Publisher Indemnification

This Section 11 applies to Publishers. The indemnification obligations and procedures set forth in Section 11 of the Terms of Service apply to Your publishing activities on the Flower Hub. In addition to, and without limiting, those obligations, as a Publisher You agree to indemnify, defend, and hold harmless Flower Labs from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to:
Your Apps, including any content, functionality, or services provided through Your Apps;
any claims by Users or third parties relating to Your Apps, including product liability claims and claims arising under consumer protection laws; or
any dispute between You and any User of Your Apps.