TERMS OF SERVICE
Welcome to our Website!
These Terms of Service define the relationship between you (“Customer”) and us (“Company” or “Flatlogic”) in the process of using the Services we offer regardless of whether the Services we offer (including licensing) are paid or free.
Please read the Terms of Service and relevant provisions before using our Services.
TERMS AND DEFINITIONS
- We use the following basic terms and definitions:
- "Account" – an account at the Website, used by the Customer for access to the Services offered by the Company.
- "Agreement" – an agreement between the Customer and Company which includes the present Terms of Service and any other conditions, documents and other information on the Website, references to which explicitly or implicitly are made in the present Terms of Service.
- "Company" or "Flatlogic" – Flatlogic EU, LLC, 09108, Vilnius, Lithuania, Kareivių g. 7, providing Services to Customers. We may refer to the Company as “we”, “our”, “us”.
- "Customer" – legal entity, natural person, or individual entrepreneur who has registered Account and use our Services. We may refer to the Customer as “you” or “your” as well.
- "Order" – the purchase of a Subscription for Application or any other Service (accepted by the Company) which the Customer selects and pays for with a valid online payment (if such payment is determined by the Company). All references in the Agreement to “buying” or to the “sale” or “purchase” (or other similar terms) of any Subscription for Application or any other Service shall mean the sale or purchase of the corresponding license.
- "Application" – a full-stack application created using the Web App Generator functionality as part of the provision of Services by the Company. The Company reserves the right to offer for the Customers ready-made Applications templates (for example, in the Web & Mobile Templates format).
- "Party" – the Company or the Customer (collectively referred to as “Parties”).
- "Services" – all and any services which can be offered by the Company, including those related to the creation and use of Applications within the framework of the Agreement. The scope of Services available and offered may change from time to time given the possible developments and upgrades made by the Company.
- "Subscription" – license to the Application and/or Documentation or other Company’s Service for the term of the Subscription.
- "Website" - https://flatlogic.com/ and its subdomains.
- "Web App Generator" – software that allows the Customer to create Applications as part of the Services provided by the Company.
FOR THE AVOIDANCE OF DOUBT, ABSOLUTELY NO EXCLUSIVE OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS TO THE WEB APP GENERATOR ITSELF ARE GRANTED OR TRANSFERRED IN FAVOR OF THE CUSTOMER UNDER ANY CIRCUMSTANCES. THE CUSTOMER MAY ONLY HAVE THE POSSIBILITY OF PURCHASING THE RIGHTS TO THE APPLICATIONS THEMSELVES, WHICH ARE THE RESULT OF THE WORK OF THE WEB APP GENERATOR, SUBJECT TO THE LICENSING CONDITIONS, RESTRICTIONS AND USAGE LIMITATIONS.
- "Delivery" – the availability of the Application and/or Documentation to the Customer via electronic or other means, without regard to when Customer actually install or use Application and/or Documentation.
- "Documentation" – the instruction manuals, user guides, and other information that can be made available (where appropriate) from time to time by the Company at its sole discretion to the Customer in electronic form.
- Other terms may additionally occur in the relevant sections of the Terms of Service.
- Binding relationship. The present Terms of Service regulate legally binding relationship established between the Company and the Customer about the use of the Services, including the issues of registration of Account, ordering, licensing and access to the Services. Agreement and relationship considered to be established if and after the Customer has read and agreed to these Terms of Service and accepted these Terms of Service by registration of the Account or in other way (for instance, accepting these Terms of Service by ordering Services and completing online payment procedure).
- Term of the Agreement. The Agreement is valid for an unlimited time until terminated.
- Individual terms. The Company reserves the right to provide the Services (wholly or in a part) to the Customer on individual terms (i.e., bonuses, discounts, etc.).
- Effect of registration. The Customer who wants to start using Services offered by the Company normally has to register an Account (however, the Company may allow ordering and purchasing Services without registration of the Account by the Customer). The Company reserves the exclusive right to determine and change the data required to create the Account and may store and use registration information to maintain the Customer’s Account and provide corresponding Services. The registration of an Account means (i) confirmation and full and unconditional acceptance by the Customer of the present Terms of Service; (ii) confirmation that entering into the Agreement will not violate any other agreement to which the Customer is a party.
- Representations of Customer. The Customer assures that he/she provides true, accurate and complete information necessary during registration of the Account and will provide further true, accurate and complete information, including when changing or adding information via Account. In case of ordering and purchasing Services without registration of the Account by the Customer the latter assures that he/she provides true, accurate and complete information necessary for ordering Services and completing online payment procedure The Customer solely shall bear any losses that occur due to the submission of invalid information.
ACCESS AND USE OF SERVICES
- Access. After the successful registration and during the existence of the Account, the Customer receives the right of access to the Account considering the functionality offered via the Account and the Services available to the Customer under corresponding conditions. The Customer may enjoy the Services only subject to compliance with these Terms of Service, applicable law, social and moral standards.
- Ordering the Services.
- Procedure. To purchase Services, the Customer can select Services for purchase by browsing our offerings on our Website (for instance, pricing section) and successfully complete the payments process. It is possible that for some Services, payment at certain stages will not be required. The Order made by you and successfully completed about corresponding Services constitutes the agreement for the Company to provide the Services and for you to receive and pay for such Services. The Company shall have no responsibility to provide any Services with respect to Orders submitted where the Customer has not successfully completed the online payments process or fulfilled other necessary conditions for completing the Order.
- Entirety. Terms of Service set out the complete and exclusive statement of the agreement between the Customer and the Company with respect to the purchase of Services. Any additional or conflicting provisions contained in an Order from the side of the Customer are expressly rejected.
- Licensing and Subscriptions.
- General provisions. The access to Services and corresponding features (in particular, creation of Applications via Web App Generator and/or deployment, downloading and use of such Applications) may be organized by the Company at its own discretion for free or against payment under corresponding licensing conditions and Subscription. The Services, as well as functionality and features offered for the Customer, may change by the Company from time to time as the Services and their scope develops.
- Creation and use of Applications. The main Service provided for the Customer is the creation of Applications through a Web App Generator with the possibility of subsequent use of Applications under the terms of the corresponding selected license and Subscription. Normally, the Customer is expected to select his/her stack and design as well as define the database schema to create an Application. The Customer may purchase ready-made Applications templates (for example, in the Web & Mobile Templates format) if such ready-made Applications templates are made available and offered by the Company. After the creation of the Application Customer is normally allowed to deploy and download the source code of generated Application (generated code) if corresponding licensing conditions are met (for instance, Subscription is purchased, and payments are made). The procedure, conditions, possibilities and limitations of licensing (including, special features for different types of licensing) are made available for Customer additionally, for instance via the pricing section or other specific page on our Website.
- Subscriptions. The Applications are licensed pursuant to Subscriptions. Subscriptions will be for the term agreed to in an applicable Order. To avoid any doubt, taking into account the fact that several Applications can be created in the Account, each Application has its own separate Subscription (i.e. there is no single general subscription for all applications available in the Account). The same correspondingly applies to subscriptions purchased without registration of the Account (i.e. one application – one subscription). During the Subscription period and depending on the selected license type and Subscription, the Company may offer additional functionality as part of Subscription or for additional payment (for example, hosting services, updates, maintenance and technical support, unique domain names, private repositories to follow source code changes when needed, etc.). The details will be made available for Customer additionally, for instance via the pricing section or other specific page on our Website.
- Hosting services.
- General provisions. The Company provides hosting services in relation to Applications. As part of the provision of hosting services, the Company allows the Customer to ensure the placement (storage) of Applications and relevant data provided in digital form on the corresponding Company’s information and technical resources (servers) in order to ensure their availability on the Internet. The Company takes all reasonable measures to ensure the provision of hosting services (availability on the Internet) around the clock but does not guarantee the absence of interruptions associated with technical malfunctions or maintenance work as well as other circumstances beyond the Company’s control.
- Scope and Payment. Hosting services at the discretion of the Company may be included in the Subscription or be offered for additional payment. The specific conditions (i.e. storage limits, bandwidth, etc.) and list of functions provided within the hosting services may depend on the selected Subscription and will be made available for Customer additionally, for instance via the pricing section or other specific page on our Website. The Company is reserved with the right to set a service level agreement (SLA) in relation to hosting services.
- Inappropriate content and actions. The Company is entitled at any time to refuse to place (store) or stop placing (storing) the Application and/or data on Company’s information and technical resources (servers) as part of hosting services provision, if the Company considers that their nature or content violate the applicable legislation, or offensive, or violate the rights and legitimate interests of the Company or other persons, or contradict these Terms of Service as well as in case such Application and/or data are used in the manner that contradicts the applicable legislation or these Terms of Service. The Company is reserved with the right to detail prohibited or inappropriate actions additionally. Provisions of Section 7 of these Terms of Service apply correspondingly.
- Customer’s compliance with formalities. The Customer is solely responsible for his/her compliance with the formalities and obligations that may be imposed on the Customer by applicable law in relation to the hosting of relevant Applications and data (for example, registration or reporting of information about hosting).
- Indemnification, disclaimer and limitation of liability. In addition to the provisions of Section 9 applicable to hosting services as well, the Company is not responsible for any losses resulting from improper use or inability to use (enjoy) hosting services, if the losses were caused:
1) In connection with the replacement, repair or configuration of equipment, software or other work caused by the need to maintain the operability or improve the software and hardware of the Company, subject to notification of the Customer (or placing corresponding information on the Website) no later than 1 day in advance.
2) Due to the actions or inaction of third parties, or due to the malfunction of telecommunication channels, data transmission networks, information resources or services (servers), as well as accidents (malfunctions) in power electrical or computer networks located outside the Company’s own resources, or the functioning of which Company is unable to influence.
3) Due to the presence of errors or malicious components in the software used on the Company’s servers or other Internet servers, as well as in the software used by the Customer;
4) Due to non-compliance by the Customer with the confidentiality of their credentials or other information of a closed nature, as well as due to unauthorized access by third parties to the technical or information resources of the Customer.
5) In other cases without any fault on the side of the Company.
- Other conditions. Other provisions of these Terms of Service, including but not limited to provisions related to payments, termination, indemnification, disclaimer and limitation of liability fully applies to hosting services correspondingly.
- The license granted by the Company to the Customer for the Applications. Subscription chosen (if any fee applies) and (ii) compliance by the Customer with the other terms and conditions of these Terms of Service, the Company hereby grants to the Customer the personal, non-exclusive license in relation to the specific Application (code generated) under the corresponding Subscription chosen by the Customer on the following basic conditions:
1) Code generated. During the Subscription period, the Company grants the Customer the right to download the specific Application (generated code) an unlimited number of times (however, subject to possible usage limitations depending on the license type and Subscription chosen, for example, in case of free licenses). This means that the Customer will normally be able to download the Application (generated code).
2) Use of Applications. After downloading the Application (generated code), the Customer is allowed to install on a server, run and use the Application (generated code) for his/her needs, including to adapt, modify and update the Application (generated code) as well as to incorporate Application (generated) code into his/her end products as long as the Customer complies with licensing provisions based on Subscription chosen and possible usage limitations (if any). Moreover, the Customer is allowed to use for his/her personal purposes the Documentation provided (if any) as long as the Customer complies with licensing provisions based on Subscription chosen and possible restrictions and usage limitations (if any).
3) Usage limitations.The Subscriptions (depending on types of licenses) may be subject to Usage limitations. Usually, free licenses have very limited functionality and may not allow certain actions. Similarly, different types of licenses may be suitable for certain purposes and not suitable for others, including in relation to the planned further use of Applications (generated code). In particular, the Company do not allow putting the Application (generated code) under the MIT license in the repository without serious alterations as well as opposes the use of Applications (generated code) in illegal, criminal or other activities that do not comply with the law or contradict morality and common human values. Usage limitations may also include (among other things) limitations on downloading Application (code generated), a maximum number of entities in the Application, a maximum amount of allotted storage, purposes of the use of Application (generated code), etc. Usage limitations applicable to your Subscription are set forth in the pricing section or other specific pages on our Website.
- License the Customer grants to the Company. The Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related Applications, systems and technologies (including, without limitation, information concerning data provided or uploaded by the Customer as well as data derived therefrom). If the Website or Services allows the Customer to provide/place or upload content or information, the Customer may only provide/place or upload content or information that the Customer has the right to provide/place or upload. By providing/placing or uploading such content or information, the Customer grant the Company a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to (i) use (including by storing, recording, transmitting, maintaining and displaying) such information and data to provide, improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified forms in connection with Company’s business. The Customer represents that all necessary permissions from any person or entity identified in or connected to the content or information provided/placed or uploaded have been obtained. Where applicable, the Company also reserves the right to use the Customer’s intellectual and industrial property rights, including trade names and trademarks and only to the extent and period necessary for the proper provision of Services (a royalty-free, non-exclusive, worldwide license).
- Delivery. All Applications and Documentation licensed by the Customer pursuant to these Terms of Service will be delivered electronically (such as by electronic mail, file transfer or other means of electronic transmission, or by giving you access to such Application and Documentation via Account). In the case of a renewal of a Subscription, the Customer acknowledge and agree that normally there is no delivery requirement for such renewal. Such renewals shall be deemed Delivered on the first day of the then-current renewal term of the applicable.
- Amounts and taxes. Except as otherwise expressly provided in these Terms of Service or Subscription/in pricing page/our refund policy, all payments accrued or made under these Terms of Service are non-cancelable and non-refundable. All stated prices are exclusive of any taxes, fees, and duties or other amounts, however designated, and including without limitation value-added and withholding taxes that are levied or based upon such charges, or upon these Terms of Service. Any taxes related to the Services purchased or licensed pursuant to these Terms of Service including, but not limited to, withholding taxes, will be paid by you in accordance with applicable legislation, or you will present an exemption certificate acceptable to the taxing authorities. We are in no way responsible for your compliance with your tax obligations.
- Renewals. Subscriptions will automatically renew for the successive month (or other corresponding applicable term depending on Customer’s current Subscription) unless you do not in advance cancel the extension of Subscription for the next period.
- Currency of payments. Normally, all payments should be made in United States dollars or EUR. We will provide details during the process of Ordering Services.
- When purchasing our Services, your payments are processed by our affiliated entity, AppWizzy Inc., located at 108 W. 13th Street Suite 100, Wilmington, DE 19801. By purchasing our Services, you agree to have your payment information and transaction details handled and processed by AppWizzy Inc.
INTELLECTUAL PROPERTY RIGHTS
- General provisions. The Web App Generator, Website, and their entire contents, features and functionality itself and related materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All trademarks, other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. The provisions specified in clause 4 of these Terms of Service apply to the Subscription and licensing procedure and conditions.
- No rights for Customer in relation to Website/Web App Generator. USING THE WEBSITE AND SERVICES DOES NOT RESULT IN ANY ACQUISITION BY THE CUSTOMER OF ANY INTELLECTUAL PROPERTY RIGHTS TO THE WEBSITE, WEB APP GENERATOR AND THEIR ENTIRE CONTENTS, FEATURES AND FUNCTIONALITY AND RELATED MATERIALS. UNLESS EXPRESSLY PERMITTED BY THE COMPANY OR OTHER RIGHT HOLDER IN WRITING, THE CUSTOMER MAY NOT DECOMPILE, DECIPHER, DISASSEMBLE, COPY, REPRODUCE, DISTRIBUTE, PUBLISH, ENTER INTO A DATABASE, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY USE OR EXPLOIT ANY PART OF THE CONTENT OF THE WEBSITE OR WEB APP GENERATOR.
- Restrictions and prohibited activities. The Customer may not access or use or attempt to access or use the Website/Account and/or Applications (generated code) or other Services to take any action that could harm the Company or any other person or entity or could interfere with the operation of the Website/Account/Web App Generator or in any way violate any laws. For instance, the Customer is not allowed to:
- obtain or attempt to gain unauthorized access to computer systems, materials, information, or any Services available on or through the Website/Account.
- use or attempt to use another’s information, account, password, service, or system except as expressly permitted.
- use any device, software or routine that interferes with the proper working of the Website/Account/Web App Generator, attack the Website/Web App Generator via a denial-of-service attack or a distributed denial-of-service attack.
- upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to the Website/Web App Generator, our computers, devices, or systems.
- use the Website/Account in any manner that could disable, overburden, damage, or impair the Website/Web App Generator or interfere with any other party’s use of the Website/ Web App Generator, including to take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Website/ Web App Generator.
- engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information.
- engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Website/Account/Web App Generator, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
- use the Website/Account/ Web App Generator and other Services in a way that causes losses, responsibility or other negative legal consequences to Company or other third persons.
CUSTOMER'S COMPLIANCE AND DATA SECURITY
- Compliance obligations. The Customer is fully responsible for his/her compliance with all applicable local laws and regulations which may relate to his/her use of Services and Applications, including those related to personal data protection.
- Data security. The Customer is fully responsible for the safety of security tools (passwords, etc.), as well as for determining the persons acting on its behalf and/or having access to his/her Account. The Customer is fully responsible for any transactions that he/she or such person performs while using the Customer’s Account, even those transactions that are fraudulent or that the Customer did not intend or want to be performed. Thus, all and any communication, as well as actions performed using the Account, are recognized as the actions of the Customer him/herself. The Customer is responsible for his/her information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks whether operated directly by the Customer or through the use of third-party services.
- Security measures on the side of the Company; Back-ups. The Company stores all data in secure locations and takes reasonable administrative, physical and electronic measures designed to protect from unauthorized access, use or disclosure of the information that we collect from you or that is stored on the Company’s services. The Company’s servers are located in secure hosting facilities designed to host servers with protection from unwanted attacks over the Internet. The Company performs backups of all critical data in a certain order and with periodicity defined by internal rules. The possibilities for backup and provision of backups for the Customer may depend on the type of license selected.
INDEMNIFICATION, DISCLAIMER AND LIMITATION OF LIABILITY
- Indemnification. The Customer will defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys’ fees) arising out of or relating to the violation by the Customer of the Terms of Service as well as any applicable law, including but not limited to (i) any and all liability arising in any way from the access to the Account and use of Account or other Services by the Customer or persons to whom the Customer have provided his/her login or password; (ii) any further use of the Applications by the Customer and/or other third parties; (iii) any disclosure or misuse of data and information, including personal data, provided/placed or uploaded by the Customer; (iv) any violation by the Customer of any third-party right, including without limitation any copyright, property or privacy right; (v) any Customer’s failure to comply with withholding or other taxes obligations laid on Customers by applicable laws. This defence and indemnification obligation will survive these Terms of Service and your use of the Services. The Customer hereby agrees to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify the Company and other persons mentioned herein.
- Proper functioning; Access; Maintenance. The Company takes all reasonable measures to ensure the operation of the Website and Web App Generator around the clock but does not guarantee the absence of interruptions associated with technical malfunctions or maintenance work. Moreover, the Company does not guarantee that the Website or any content on it as well as Web App Generator and Applications will always be available or properly function at any particular time in the future or will not stop working. In particular, the Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, data loss, theft or destruction or unauthorized access to, or alteration of, any communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Website, Applications or Services.
- Data Security. The Internet is Not Guaranteed to be Safe. In this regard, the Customer is considered been aware that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, the Company cannot guarantee the absolute security of any information. Thus, the Company SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF INFORMATION OF CUSTOMER (OR PROVIDED BY CUSTOMER), EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS, USE, CORRUPTION, OR LOSS IS DUE SOLELY TO COMPANY’S GROSS NEGLIGENCE OR MISCONDUCT.
- “AS IS”. The Company make no representations or warranties about the Application and other Services, including, without limitation, the operation of the Application or the information, materials or services appearing or offered on the Website/Account or with respect to any websites or services linked thereto. The Application and other Services are provided on an “as is”, “with all faults”, and “as available” basis without any warranties of any kind, either express or implied. IN ADDITION, the Company DOES NOT REPRESENT OR WARRANT THAT SERVICES, applications OR DOCUMENTATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Customer’s content, data and actions. The Company is not responsible or liable for any content and data provided/placed or uploaded by the Customer onto Website/via Account or in connection with the Service (including, incorporated into Application during creation or further). The Company does not control and are not responsible for what the Customer provide, place, transmit or upload and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable actions of the Customer.
- Third-party resources and Services. The Company may post links to other sites that are outside of the Company’s control. This may include but is not limited to links contained in advertisements, including banner advertisements and sponsored links. The Company is not responsible for the information or materials provided by such third-party sites.
- Limitation of liability. The Company shall have no liability for any loss, damage, or injury resulting from Customer’s or any third parties’ negligence, lack of training, use or misuse, or misapplication of any Application or Services. IN NO EVENT WILL THE COMPANY BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE APPLICATIONS, THE WEBSITE, OR ANY RESEARCH OR EXPERIMENT OR OTHER WORKS AND SERVICES PERFORMED USING ANY APPLICATIONS OR SERVICES PURCHASED THROUGH THE WEBSITE (OR UNDER THESE TERMS OF SERVICE), HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL LIABILITY TO THE CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO THE COMPANY BY THE CUSTOMER UNDER THESE TERMS OF SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM MADE UNDER THESE TERMS OF SERVICE.
- The extent of Limitations and Disclaimers. If applicable law does not allow the aforementioned exclusions of liability (limitations, disclaimers) such exclusions (limitations, disclaimers) shall apply to the fullest extent permitted by applicable law. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud.
SUSPENSION AND TERMINATION
- Basic provisions. The Company reserves the right to suspend or restrict access to the Account and Services, including to terminate the access to the Account and Services in case of any violation of these Terms of Service or any applicable laws as well as for other reasons legitimate reasons.
- Expiration of Subscription; Failure to pay. In case of expiration of the Subscription period and/or non-fulfilment of payment obligations by Customer in full, the Company reserves the right to suspend the provision of relevant Services or refuse to provide them (terminate Agreement) at its sole discretion.
- Termination for convenience. Either Party has the right to terminate the Agreement unilaterally without appealing to the court, but he/she has to notify the corresponding Party thereof in writing as defined in the communication section below at least 30 calendar days in advance.
- Termination for breach. None of the provisions of the Terms of Service in any way affects the right of the Company at any time without notice to unilaterally terminate the Agreement and/or suspend providing Services/access to the Account in case of any violation of the Terms of Services by the Customer (including, in case of failure to comply with usage limitations and restrictions or in case of performing any prohibited activities).
- Consequences of suspension/termination. In case of suspension or termination, the Company reserves the right to limit/block the access of the Customer to the Account and Services as well as to limit the functionality. Moreover, the possibility and duration of storing data (for instance, Applications and data in Account), as well as the possibility of providing the Customer with access to them (for example, for downloading) is determined solely by the Company. The Company reserves the right to delete any relevant data after a period determined at its sole discretion.
PRIVACY AND PERSONAL DATA
- In case the Customer submits or shares any personal data, the Customer hereby confirms that he/she has the full power and relevant rights to do so and remains responsible for such provision of personal data, in particular during the registration or use of Services or when exchanging correspondence or use other functionalities made available to the Customer.
CHANGES AND AMENDMENTS
- The Terms of Service may be amended or modified at the Company’s sole discretion and at any time for any reason, for example, to reflect changes in laws or regulatory requirements or to specify special conditions related to the provision of Services.
- The amended Terms of Service will be published on the Website and will take effect immediately.
- The Customer must review these Terms of Service regularly to keep himself/herself informed of any changes and has no right to change and/or amend conditions of the Terms of Service unilaterally.
- Any use of the Services by the Customer after the Company posts amended or modified Terms of Service constitutes the acceptance of those amendments or modifications and indicates that the Customer agreed to be bound by them, including in relation to licensing issues.
- The same unilateral procedure for changes and amendments correspondently applies to other parts of the Agreement, in particular pricing.
- Governing law and jurisdiction. All matters relating to these Terms of Service and any dispute, controversy or claim arising out of or relating to these Terms of Service (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Lithuania without any conflict of law provision or rule. Any dispute, controversy or claim arising out of or relating to these Terms of Service shall be first resolved in good faith by direct negotiation. If the dispute, controversy or claim is not resolved within 30 days, then all the disputes, controversy or claims shall be settled exclusively in the competent state court at the place of location of the Company. Hereby the Customer waives any rights to trial by jury as well as all and any objections to the exercise of jurisdiction over the Customer by a court mentioned above.
- Entire Agreement. These Terms of Service constitute the entire and exclusive understanding and agreement between the Company and Customer regarding the Services and supersede and replace any prior oral or written understandings or agreements between the Company and Customer regarding the corresponding Services.
- Severance. If any provision of the Terms of Service is found to be invalid, illegal or unenforceable it shall be deemed deleted and the Parties acknowledge and agree that the other provisions of the Terms of Service shall remain in full force and effect.
- Assignment. The Customer may not assign or transfer any of Customer’s rights or obligations under these Terms of Service without prior Company’s prior consent. Any attempt by you to assign or transfer these Terms by the Customer without such consent will be null and of no effect. The Company may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms of Service to any third party at any time without notice to the Customer. These Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Subcontracting. The Company has the right to engage other persons (subcontractors) without the Customer’s consent.
- Waiver. No failure or delay by the Company to exercise any right or remedy provided under these Terms of Service or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Survival. The provisions of the Terms of Service, which by their intended purpose should remain in force after the termination of the Agreement, shall remain in force. In particular, but not limited to, it applies to restrictions, usage limitations, indemnifications, disclaimers and limitation of liability provisions.
- Communication. All notices must be in writing and in the English language and will be deemed given only when sent by mail (return receipt requested), hand-delivered, sent by documented overnight delivery service to the party to whom the notice is directed or sent by email if receipt is electronically confirmed. To send notifications to the Company, the corresponding Company’s contact details must be used (may further be amended by the Company). The Company may use contact details provided by the Customer during the registration of Account or ordering the Services or somewhere further.
- Language. These Terms of Service are drafted in English and may be translated into other languages. In case of discrepancies, the English version shall prevail and be used as the basis to solve any doubts of interpretation.
CONTACT DETAILS OF THE COMPANY
- Flatlogic EU, LLC
- Address: 09108, Vilnius, Lithuania, Kareivių g. 7
- Postal address: 09108, Vilnius, Lithuania, Kareivių g. 7
- Email: [email protected]