Fliplet Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.
1. About these Terms of Service
1.1 – Fliplet is a trading name of Weboo Online Limited, a limited company incorporated in England with registered number 06974225 and registered address at 14a Sydenham Road, Croydon, England, CR0 2EE and trading address at WeWork, 145 City Road, London, England, EC1V 1AZ.
1.2 In these Terms of Service:
Account means the account of a User with Fliplet Studio which is created when a User signs up to use Fliplet Studio and the Services by completing the registration form available via Fliplet Studio;
API means any application programming interface published by Fliplet from time to time;
App Store means a marketplace for applications on any platform available from time to time including without limitation the iOS and Android platforms for public or private distribution;
Application means an application for a Device created by a User using Fliplet Studio which can be viewed on a Device and can be suitable for web, iOS and Android platforms;
Content means material and information used to populate pages of an Application including without limitation text, image, video and audio material;
Your and You means the entity entering into these Terms of Service;
Data means proprietary or personal data regarding or relating to You, or any other person;
Device means a computer, smartphone or tablet device capable of supporting the Application;
Fliplet, we and us are references to Weboo Online Limited;
Fliplet Studio means the web-based application editing and management system through which a User can build, amend and submit for Publication;
Fliplet Viewer means the application for Devices provided by Fliplet;
Guidelines has the meaning given in Clause 5.2;
Party or Parties means Fliplet and You together;
Production Application means a version of the Application created by Fliplet for distribution to people via an App Store as a standalone application or as a web application;
Publish, Published, Publication relates to an Application being approved by Fliplet and made available as a Production Application;
Services means all those services provided by Fliplet from time to time which may include but are not limited to Fliplet Studio, support, training, guidance recommendations, and a range of paid professional services including app design, development, testing, etc;
Terms of Service or Terms means these terms of service; and
User means a user of the Services.
1.3 – These Terms of Service set out the terms on which we offer and provide the Services and on which You agree to use the Services.
1.4 – Please review these Terms of Service carefully and make sure that You understand them before using the Services. If You do not agree to these Terms of Service, You must cease use of the Services immediately.
1.5 – Use of the term “written” in these Terms includes by email, via any form or messaging functionality made available by Fliplet in Fliplet Studio.
2. Acceptance and Variation of the Terms of Service
2.1 – By using the Services, You accept and agree to be bound by these Terms of Service.
2.2 – No variation of these Terms of Service will be effective unless made in writing and agreed between the Parties.
3. What is Fliplet Studio?
3.1 – Fliplet Studio is an online tool for producing and managing Applications. Fliplet provides the APIs, Fliplet Studio and Fliplet Viewer to enable the User to communicate with Fliplet’s servers.
3.2 – When a User is satisfied with the Application, the User can publish the Application using Fliplet Studio.
4. What is the Fliplet Viewer?
4.1 – Fliplet Viewer is an application for Devices available on the App Store. It enables a User who has downloaded the Fliplet Viewer to test any Application produced with Fliplet Studio.
5. Publication
5.1 – Fliplet does not review or test Applications prior to Publication unless it has specifically agreed to as part of the Services or is otherwise requested to in writing by You, or in its sole and absolute discretion if it considers that the Application breaches any of these Terms or action is required to protect the interests of Fliplet.
5.2 – Fliplet may refuse to Publish any Application where such Application and/or the Content of such Application does not comply with the Content guidelines contained in Clause 8 of these Terms of Service (the “Guidelines“).
5.3 – In the event that Fliplet refuses to publish an Application in accordance with Clause 5.2 above, Fliplet will, in writing, specify which Guideline(s) have not been complied with. Where the Application does not comply with the Guidelines, You shall be entitled to resubmit a modified Application that is compliant with the Guidelines within a timeframe agreed by Fliplet.
5.4 – In the event that Fliplet refuses to publish an Application, You shall not be entitled to any compensation and shall have no recourse against Fliplet for any costs, expenses or other losses suffered by it in building the Application or arising from Fliplet’s refusal to Publish the Application.
5.5 – In submitting an Application for Publication, You represent and warrant to Fliplet that the Application complies in all respects with the Guidelines.
5.6 – The User is solely responsible for any Content on or viewable via the Application. The User acknowledges and agrees that Fliplet does not check or review the accuracy of any Content and Fliplet will not be liable for any errors, omissions or inaccuracies in any Content contained in any Application.
5.7 – Subject to Clause 5.1 above, Fliplet will not in any way modify the Content unless requested to do so by You.
5.8 – You will need to create a paid Account with Fliplet prior to submitting Your Application to an App Store.
6. Your conduct
6.1 – By using the Service, You agree to use all reasonable endeavours not to upload, post, e- mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services.
6.2 – You agree and undertake to procure that You will keep Your username and password confidential, will utilise a secure password, will keep Your Account secure by utilising the security features provided by Fliplet, will not disclose Your password to any other person and will not permit any other person to log in to the Service using Your username and password.
6.3 – You agree not to interfere with the servers or networks connected to the Service.
6.4 – You also agree not to:
6.4.1 – attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Service to any third party, or jeopardize the correct functioning of the Service, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Service;
6.4.2 – attempt to gain access to secured portions of the Service to which You do not possess access rights;
6.4.3 – conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Service;
6.4.4 – resell or export the software associated with the Service;
6.4.5 – use the Service to generate unsolicited advertisements or spam;
6.4.6 – use any automatic or manual process to search or harvest information from the Service, or to interfere in any way with the proper functioning of the Service;
6.4.7 – engage in any activity or transmit any information that is illegal, or violates any law in the jurisdiction in which You are based, or from which You are using any Service, or any of England and Wales;
6.4.8 – engage in any activity or transmit any information that involves illegal activity or any attempt to commit illegal activity;
6.4.9 – violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
6.4.10 – interfere with any other person’s use and enjoyment of any of the Service;
6.4.11 – attempt to impersonate another person or entity while using the Service;
6.4.12 – engage in any activity or transmit any information that is commercial in a way that violates these Terms or the Service;
6.4.13 – access or use, or seek to access or use, the authentication key of another user without permission;
6.4.14 – distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
6.4.15 – interfere with, disrupt, disable, overburden, or destroy the functionality or use of any Service, or the servers or networks operated by Fliplet;
6.4.16 – “hack” or access without permission Our proprietary or confidential records, those of another user, or those of anyone else;
6.4.17 – remove, circumvent, disable, damage, or otherwise interfere with security-related features of any Service; or
6.4.18 – attempt to do any of the foregoing.
7. Our rights
7.1 – Fliplet may exercise the following rights with immediate effect by giving written notice to You notifying You of a breach to these Terms of Service and/or the Guidelines, such breach not having been remedied to the reasonable satisfaction of Fliplet:
7.1.1 – the right to refuse or withdraw Your access to the Service if You breach any of these Terms of Service;
7.1.2 – the right to suspend, amend or disable Your Account if You breach the Guidelines or violate or breach any of these Terms of Service;
7.1.3 – the right to remove or amend any Application or Content if You breach the Guidelines or violate or breach any of these Terms of Service;
7.1.4 – the right to report You to the police or other judicial body if Fliplet believes in its sole and absolute discretion that Your conduct (whether in using Fliplet Studio, the Fliplet Viewer, our Services or otherwise) is unlawful.
8. Content
8.1 – You hereby represent and warrant that in respect of any Content uploaded to the Service by You and/or contained in any Application:
8.1.1 – You have the right to publish such Content;
8.1.2 – the publication of such Content on any Application is not likely to bring the reputation of Fliplet into disrepute;
8.1.3 – such Content:
(a) is not illegal in the UK or in any jurisdiction in which such Content might reasonably be expected to be viewed and does not promote any illegal activity;
(b) does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
(c) does not encourage or promote any political cause or affiliation;
(d) is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
(e) does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
(f) does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
(g) does not depict any person less than 18 years of age (whether or not decent or indecent);
(h) is not likely to cause offence to any viewer of such Content;
(i) does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
(j) is not likely to lead a viewer to assume that You are related to, authorized by or otherwise represent Fliplet.
8.2 – Fliplet shall notify You if Your content does not comply with the Guidelines in line with Clause 8. For the avoidance of doubt, Fliplet does not offer a facility for You to transfer or copy any Content or Applications from Your Account to a third party service provider.
8.3 – Further, You acknowledge and agree that Fliplet may be required to provide information about the origin of any unlawful Content published and/or the occurrence of any unlawful activity occurring on the Service to any police or judicial authority in any country in which such Content has been viewed and is illegal and You hereby irrevocably authorize Fliplet to provide such information to such persons (on request or in our discretion) without consulting or informing You.
8.4 – If You view any Content on the Service that You believe breaches any of the Guidelines, You undertake and agree to report such Content to Fliplet as soon as is reasonably possible.
9. Intellectual Property
9.1 – Fliplet grants You, a worldwide, royalty-free, non-exclusive, terminable and limited licence to access and use Fliplet Studio and Fliplet Viewer in order for You to make use of the Application as contemplated by these Terms of Service.
9.2 – Fliplet and/or its licensor(s) are the sole owners of the Service, which includes any software, domains, and content (excluding the Content) (including without limitation the structural architecture, coding and functional amendments used by any User in creating an Application) made available through the Service.
9.3 – The Service is protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Service (or any part of them) or any material provided through the Service without Fliplet’s prior express written consent.
9.4 – Fliplet reserves the right to terminate the limited license following an unauthorized use if You fail to end the unauthorized use within 15 days of a written request from Fliplet.
9.5 – Fliplet utilises third party licensed software and complies with the license agreements of this software. This includes providing a list of licensed third party software within the Applications produced by the Service when attribution is required. This requirement is met via the ‘About this app’ feature linking to a web page on fliplet.com outlining the end user terms of use and listing any software that requires attribution. Fliplet does not utilise copy-left licensed software in Applications used by You that mandate the Application and must make its source code publicly available or inhibit Your ability to sell Your Application.
9.6 – Fliplet and its graphics, logos, icons and service names related to the Service are registered and unregistered trademarks or trade dress of Fliplet. They may not be used without Fliplet’s prior express written permission.
9.7 – All other trademarks not owned by Fliplet that appear in connection with the Service (including without limitation on any Application) are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Fliplet.
10. Data Protection
10.1 – Each of Fliplet and You undertake at all times to comply with the Data Protection Legislation.
10.2 – You provide us with information when You register an Account via Fliplet Studio. We also collect information both relating to You (for example on Your usage history) and to users of the Service and the Services in general. Any information that You submit or that we collect when You are using the Services subject to the Fliplet privacy policy, the terms of which are hereby incorporated into these Terms of Service.
10.3 – Users may elect to have all data (including without limitation personal data) stored in a data centre either within the European Union or the United States of America.
11. Use of Information Submitted
11.1 – You and Fliplet may agree to sharing information to improve the Service or help promote the Service. Subject to Your written approval, You agree that Fliplet is free to use comments, information or ideas You have approved without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or the Service or other products or services. For the avoidance of doubt, all such information will be deemed by Fliplet to be non-confidential and non-proprietary, and You agree that such information may be used by us without any limitation whatsoever.
12. Limitation of Liability
12.1 – Nothing in these Terms of Service shall limit or exclude either Party’s liability for fraud, death or personal injury.
12.2 – Subject to Clauses 12.2 and 12.7, Fliplet’s liability (whether for breach of contract, negligence, misrepresentation, other tort or otherwise) in respect of matters dealt with by or arising out of or in connection with these Terms of Service shall be limited to £100.
12.3 – Fliplet provides the Service “as is” and without any warranty or condition, whether express, implied or statutory. Fliplet specifically disclaims any implied warranties of merchantability and fitness for a particular purpose.
12.4 – Fliplet assumes no liability or responsibility for any errors or omissions in the Service or its provision of the Services or in any Application; any failures, delays or interruptions in the Service, including any losses or damages arising from the use of the Services or any Application; or any conduct by users of the Services shall result in Fliplet reserving its right to deliver the Services and Fliplet Studio, the Fliplet Viewer in its sole and absolute discretion.
12.5 – In no event shall Fliplet, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Services and/or the Service and/or Your usage of any Application or these Terms of Service, on any theory of liability, including but not limited to You being advised or omitting to be advised of the possibility of any damage.
12.6 – If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12.7 – From time to time, You may use or access services, promotions and websites of third parties (including without limitation the App Store). In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
12.8 – Fliplet specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information published by any third party or You appearing on the Service.
13. Indemnity
13.1 – You agree to indemnify and hold Fliplet and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your use of the Services and/or the Publication of any Application relating to Your Account, and/or the creation, in each case in breach of these Terms or Your violation of any law or the rights of any third party.
14. Governing Law and Jurisdiction
14.1 – You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Services, Fliplet’s advertising or any related transaction between You and Fliplet shall be governed by and construed in accordance with the law of England and Wales.
14.2 – Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Termination
15.1 – Without affecting any other right or remedy that Fliplet may have (whether under these Terms of Service or otherwise), Fliplet shall be entitled (in its sole discretion) to terminate these Terms of Service immediately by giving You notice in writing
15.2 – In the event of any termination, You will immediately cease use of the Services. In the event of termination, You shall have no right to receive a copy of any Application (or any part thereof).
16. General
16.1 – These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
16.2 – If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
16.3 – Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
16.4 – Failure by either Party to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve the other Party from its obligation to comply with such provision.
16.5 – Neither Party is permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Service without obtaining the other Party’s prior express written consent.
16.6 – These Terms of Service set forth the entire understanding and agreement between You and Fliplet with respect to the subject matter hereof.