These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://myfliip.com and https://fliipapp.com website and FLiiP mobile application (the “Service”) operated by FLiiP (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our website and FLiiP mobile application (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FLiiP cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting FLiiP customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide FLiiP with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FLiiP to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, FLiiP will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Artificial Intelligence Features
Certain features of the Service incorporate artificial intelligence technologies, including features powered by third-party AI providers (“AI Features”). AI Features are available only with certain Subscription plans, as described on the AI feature pricing page in RISE or as otherwise communicated to you. Access to AI Features may be subject to additional fees, usage limits, or usage-based charges beyond your standard Subscription fees. Any such additional fees will be communicated to you before they apply, and by using AI Features on a plan where additional fees apply, you authorize FLiiP to charge those fees to your payment method in accordance with these Terms.
You understand and agree that AI Features generate content automatically and that such content may contain errors, inaccuracies, or omissions. AI-generated content is provided for informational purposes only and does not constitute professional advice. You are solely responsible for reviewing and verifying any AI-generated content before relying on or acting upon it. FLiiP makes no guarantees, representations or warranties of any kind regarding the accuracy, completeness, or reliability of AI Features or any content they generate, and the disclaimers and limitations of liability set out in these Terms apply fully to your use of AI Features.
Fee Changes
FLiiP, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
FLiiP will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
FLiiP, in its sole discretion and at any time, may modify, suspend, or discontinue any AI Feature, change the Subscription plans on which AI Features are available, or modify the fees applicable to AI Features. Fee changes for AI Features will be handled in accordance with the Fee Changes section above.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of FLiiP and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of FLiiP or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by FLiiP.
FLiiP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that FLiiP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless FLiiP, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
FLiiP, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
FLiiP makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
FLiiP its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and FLiiP chooses not to immediately act, or chooses not to act at all, FLiiP will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. FLiiP does not waive any of its rights. FLiiP shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
Governing Law
These Terms shall be governed by, interpreted, and enforced in accordance with, the laws of the Province of Quebec and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Mobile App
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to FLiiP.
FLiiP is committed to ensuring the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The FLiiP app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the FLiiP app won’t work properly or at all.
You should be aware that FLiiP will not take responsibility for certain things. Certain app functions require an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but FLiiP cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, FLiiP cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, FLiiP cannot accept responsibility.
With respect to FLiiP’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. FLiiP accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. FLiiP does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Thus, you are advised to review this page periodically for any changes. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Service Usage Limitations and Prohibition of Digital Services Sales through Mobile Application
Our Services are not designed or directed towards children under 13. If we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s personal data from our databases. We do not knowingly collect or solicit personal data from children under 13; if you are a child under 13, please do not attempt to use the Services or send any personal data about yourself to us.
Data Protection and Privacy
By using the Service, you agree that FLiiP can use your personal data in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions. The Privacy Policy provides information about how we collect, use, and share your personal data. You acknowledge that if you do not agree to our collection, use or sharing of your personal information in this way, we may not be able to provide the Services to you.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by The Canadian Commercial Arbitration Centre in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Service Modifications
FLiiP reserves the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that FLiiP will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.
Child Protection
Our Services are not designed or directed towards children under 13. If we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s personal data from our databases. We do not knowingly collect or solicit personal data from children under 13; if you are a child under 13, please do not attempt to use the Services or send any personal data about yourself to us.
Sustainable Practices
At FLiiP, we are committed to promoting sustainable practices and reducing our environmental impact. We encourage our users to join us in this endeavor by responsibly using our services and the resources it provides.
Applicable Taxes
You understand and agree that you are responsible for all applicable taxes and fees resulting from your use of our Services. FLiiP may collect such taxes or other fees as required by law.
Accessibility
FLiiP strives to make its Services accessible to all users, including users with disabilities. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to Level AA. If you encounter any accessibility issues, please contact us and we will strive to resolve them promptly.
Reselling of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FLiiP.
Contact Us
If you have any questions about these Terms, please contact us at info@myfliip.com, 1-844-693-5447.