Terms of service

 

Terms & Conditions - Fliiks

Effective Date: October 11, 2024

These Terms and Conditions ("Agreement") govern your use of the Fliiks platform, which includes our website, mobile applications, and services (collectively referred to as the "Platform"). By accessing or using the Platform, you agree to be bound by this Agreement and the Privacy Policy. If you do not agree with any of the terms, you must not use the Platform.

1. Acceptance of Terms

By accessing or using the Platform, you represent that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy, as well as any other applicable laws and regulations. You also agree to be bound by any modifications or updates made to this Agreement, which will be effective immediately upon posting.

2. Eligibility and Account Registration

  • Eligibility: You must be at least 18 years old or have parental consent to create an account or use the Platform. By registering, you represent and warrant that you are legally capable of entering into this Agreement.
  • Account Registration: You may be required to create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.

3. License and Use of the Platform

  • License: Fliiks grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for personal, non-commercial purposes in accordance with these Terms.
  • Restrictions: You agree not to:
  • Use the Platform for any illegal or unauthorized purpose.
    • Modify, adapt, hack, or reverse engineer any part of the Platform.
    • Interfere with or disrupt the integrity or performance of the Platform or attempt to gain unauthorized access to the Platform or related systems or networks.
    • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform without Fliiks’ express prior written permission.

4. User Content

  • Ownership of User Content: By uploading or submitting content (including but not limited to photographs, videos, comments, and messages) to the Platform, you retain ownership of any intellectual property rights that you hold in that content. However, you grant Fliiks a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sub-licensable license to use, modify, reproduce, distribute, publicly display, create derivative works from, and otherwise exploit your content for any purpose, including for commercial use.
  • Warranties Regarding User Content: You represent and warrant that you own or have the necessary rights and permissions to grant the above license to Fliiks. You further represent and warrant that your content does not infringe the intellectual property rights, privacy rights, or any other legal rights of any third party.

5. Payments and Fees

  • Payments: If you choose to purchase any services or products on the Platform, you agree to the pricing, payment, and billing policies as provided during the time of your purchase. Fliiks may update these policies from time to time without notice.
  • Refunds: All purchases made through the Platform are non-refundable, except as expressly set forth in our refund policy or required by law.
  • Taxes: You are responsible for paying any applicable taxes on the services and products you purchase through the Platform.

6. Cancellation and Termination

  • Termination by You: You may terminate your account at any time by contacting us at [support@fliiks.com]. Upon termination, you will no longer have access to your account or any content associated with your account.
  • Termination by Fliiks: Fliiks reserves the right to suspend or terminate your account or access to the Platform at any time, without notice, for any reason, including, but not limited to, a violation of these Terms or a failure to comply with our policies.
  • Effect of Termination: Upon termination of your account, your access to the Platform and any content you have uploaded may be removed. Fliiks may retain your content as required to comply with legal obligations or for legitimate business purposes.

7. Intellectual Property Rights

  • Fliiks Ownership: The Platform, including all software, technology, trademarks, logos, and intellectual property associated with it, is owned by Fliiks and its licensors. You are not granted any rights to these intellectual properties except as explicitly stated in this Agreement.
  • Use of Fliiks Intellectual Property: You may not use, copy, modify, or distribute any of Fliiks’ intellectual property without prior written consent.

8. Privacy and Data Collection

  • Fliiks collects and processes personal information in accordance with its Privacy Policy, which you can review at Privacy Link. By using the Platform, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.
  • Fliiks reserves the right to collect, use, and monetize your data and content for commercial purposes, including but not limited to advertising, partnerships, and resale of anonymized data to third parties.

9. Limitation of Liability

  • No Warranties: The Platform is provided "as is" and "as available" without any warranties of any kind, express or implied. Fliiks does not warrant that the Platform will be uninterrupted or error-free.
  • Limitation of Liability: In no event shall Fliiks, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of or inability to use the Platform. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fliiks, its affiliates, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your violation of these Terms, your use of the Platform, or your violation of any rights of a third party.

11. Dispute Resolution

  • Governing Law: This Agreement and your use of the Platform are governed by the laws of Delaware, without regard to its conflict of law provisions.
  • Arbitration: Any disputes arising out of or relating to this Agreement or the Platform shall be resolved through binding arbitration conducted by the American Arbitration Association. You waive any right to participate in class actions or class-wide arbitration.

12. Modifications to the Agreement

Fliiks reserves the right to modify or update these Terms and Conditions at any time, without prior notice. All changes will be effective immediately upon posting. Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the revised Terms.

13. Contact Information

For questions or concerns regarding these Terms and Conditions, you can contact us at: