Terms of Service

Flipchat

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Flipchat

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Last Update: November 2024

By using the Flipchat Solution (as defined below), you are entering into an agreement with Flipchat Inc. (“Flipchat”, “us”, “we”, “our”), under which you will be bound by the following terms of service (the “Terms”), as updated from time to time in accordance with Section 2. The term “you”, “your” or “User” refers to the person or entity browsing, accessing or otherwise using the Flipchat Solution (“use” or “using” in these Terms will mean any of the foregoing).

‘Flipchat’ is our mobile application platform that facilitates interactions with third parties offering chat and communication services, enabling individuals and entities to make Kin payments using the in-app currency Kin for access to such chat or communication services (such platform, the “Flipchat App”). Users who offer chat or communication services in Flipchat are referred to as “Chat Hosts”. Users who pay in Kin to engage with third parties through the Flipchat App are referred to as “Chat Participants.” Users who utilize the free features of Flipchat to view public discussions, messages, and interactions in Rooms (as defined below) are referred to as “Watchers”.

These Terms will govern your access to and use of: (a) our website located at flipchat.xyz, including all associated subdomains (collectively, the “Flipchat Website”); (b) any mobile device software provided by us to you, including the Flipchat App (c) any software provided, written, operated, or leveraged, or utilized by us that the Flipchat App interacts with (the “Flipchat Services”); (d) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the foregoing (a) through (c); and (e) all other Content, products or services provided by us to you, as more particularly described on the Flipchat Website and the Flipchat App (collectively, the “Flipchat Solution”).

If you are using the Flipchat Solution on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity. If yοu dο nοt agree tο be bοund by these Terms yοu must nοt use οr access any part of the Flipchat Solution and should delete your account(s) with us.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS IN THE UNITED STATES, WHICH PROVISION IS CONTAINED BELOW UNDER THE HEADING “14. DISPUTES & ARBITRATION FOR RESIDENTS OF THE UNITED STATES”. IF YOU ARE LOCATED IN THE UNITED STATES, YOU AGREE THAT DISPUTES BETWEEN YOU AND FLIPCHAT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Access to the Flipchat Solution.

These Terms, including addenda incorporated by reference and additional agreements you enter into with us, apply to your access to and use of the Flipchat Solution. Subject to your compliance with these Terms, you may use the Flipchat Solution in accordance with any documentation or guidelines we make available to you.

Flipchat Options. You have two distinct usage options to access the
Flipchat Solution:
1. Free Option: As a free user or Observer, you are permitted to observe chat rooms without participating. This includes viewing public discussions, messages, and interactions in real-time, but you will not have the ability to post, react, or otherwise engage in conversations.
2. Paid Option: Subscribing to our paid option as a Chat Participant unlocks the ability to post, react, or otherwise engage in conversations. Chat Participants are also able to create and moderate Rooms as Chat Hosts. These, along with additional features that may be added from time to time, are referred to herein as “Paid Services”.

By selecting either option, you agree to adhere to our Community Guidelines and other applicable sections of this Terms of Service agreement. If you use paid features of the Flipchat Solution, you agree to the Paid Services Addendum to these Terms of Service.

Changes to these Terms and the Flipchat Solution.
1. Except where prohibited by applicable law, we reserve the right to change these Terms at any time by posting a new version to the Flipchat Website. We may also update the “Last Updated” date at the top of these Terms. Any and all such modifications are effective upon posting and apply to all access to and continued use of the Flipchat Solution. It is your obligation to monitor the Flipchat Website for any such changes. Your continued access to or use of the Flipchat Solution after any changes to these Terms indicates your acceptance of such changes.
2. We reserve the right to change the Flipchat Solution at any time, without notice. We may, at our discretion, suspend your access to or use of the Flipchat Solution, including: (i) for scheduled maintenance; or (ii) if you violate any provision of these Terms.
Flipchat Account
1. You may start using Flipchat free of charge. You may also upgrade to a Paid Account by creating an account (“Flipchat Account”) using the available interfaces of the Flipchat App and paying the applicable fee within the app. You are responsible for all activities that occur under your Flipchat Account, or are otherwise referable to your Flipchat Account, whether or not you know about them, and you are solely responsible for your conduct, and the tasks and activities you undertake, on or utilizing the Flipchat App.
2. You acknowledge and understand that when you create a Paid Flipchat Account the Flipchat App will securely generate an Access Key for you (your “Access Key”). Your Access Key will be used to securely store any Kincryptocurrency you deposit, receive, or buy using the Flipchat App. You are solely responsible for the retention and security of your Access Key, and the photo library it might be stored in. Your Access Key is the only way to restore access to the Kincryptocurrency if you lose access to your Flipchat Account in the Flipchat App. Anyone who knows your Access Key can access, transfer or spend your Kincryptocurrency. If you lose your Access Key, you may not be able to access, transfer or spend your Kincryptocurrency. You acknowledge and agree that Flipchat does not store and is not responsible in any way for the security of your Access Key and you agree to hold Flipchat, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Access Key and cannot access, transfer or spend your Kincryptocurrency. You bear sole responsibility for any loss of your Kincryptocurrency due to failure to retain and/or secure your Access Key.
3. You must provide us with true, accurate, current and complete information for your Flipchat Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Flipchat App.
4. We reserve the right to disable your access to the Flipchat App at any time and in our sole discretion. You will, however, continue to have access to your Kincryptocurrency, provided you have your Access Key.
5. Flipchat reserves the right to suspend your access to the Flipchat Solution for any reason, including violation of these Terms, or other agreements you enter into with us.
6. You must not use anyone else’s Flipchat Account at any time without the permission of the Flipchat Account holder, or attempt, in any manner, to obtain the Access Key or other security information from any other User.
The Flipchat App Functionality
1. Subject to these Terms we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use the Flipchat App in accordance with these Terms.
2. The Flipchat App may update itself automatically on your device and you acknowledge and agree that you consent to and authorize such updates, including to the extent required by any applicable laws.
3. The Flipchat App is designed to enable you to interface with the blockchain where your Kincryptocurrency is stored.
4. When you create a Flipchat Account, you will receive a specified amount of Kin for use solely within the Flipchat App. Using the Flipchat App, you may earn and spend Kincryptocurrency (“Transfers”). The Kin you receive when you create a Flipchat Account is maintained in a single token account with your balance reflected on-chain and cannot be moved without a signed instruction from you. You may not purchase, deposit or withdraw Kin from or within the Flipchat App.
5. When you create a Flipchat Account, you will receive a specified amount of Kin for use solely within the Flipchat App. Using the Flipchat App, you may earn and spend Kincryptocurrency (“Transfers”). The Kin you receive when you create a Flipchat Account is not fungible with Kin Tokens that are You may not purchase, deposit or withdraw Kin from or within the Flipchat App.
6. As with wallets for digital currencies generally, your Kincryptocurrency is susceptible to anyone who has access to your Access Key. You must not share your Access Key with anyone.
7. It is your responsibility to keep your Flipchat App and your Access Key secure. You should never provide your Access Key to anyone, including any Flipchat representative. We do not have access to your Access Key and cannot support you to recover or reset your Access Key. We will never ask for your Access Key.
8. You should treat your Flipchat App like a physical wallet and never store more Kincryptocurrency than you can afford to lose, as we have no responsibility and will not be liable for any loss or damage you suffer from the loss or misappropriation of your Access Key or the loss of any Kincryptocurrency, as further set out in Sections 123 (Disclaimers), 1314 (Cryptocurrency Risk Disclosure Statement) and 1415 (Limitation of Liability) below.
Your Responsibilities
1. Eligibility.
  1. You must be at least 13 years old to use the Flipchat Solution, except where laws in your country require that you be older to access certain services. If you are under the age of 13, you are not permitted to use our service.
  2. For Users located in the European Union (EU) and subject to the General Data Protection Regulation (GDPR), you must be at least 16 years old to use the Flipchat Solution unless your country allows a lower age of digital consent (which may be no lower than 13). In such cases, you must be at least the applicable age in your country to use the service without parental consent.
  3. By using the Flipchat Solution, you confirm that you meet the minimum age requirement for your country or have obtained parental consent where applicable.
  4. If we discover that you do not meet these age requirements, we may disable your account and delete any associated information, subject to applicable law.
2. Prohibited Use. By accessing or using the Flipchat App, you agree not to use the app for any unlawful or prohibited purpose. Specifically, you agree that you will not:
  1. Use the Flipchat App in any manner that violates applicable federal, state, local, or international law or regulation, including but not limited to laws regarding intellectual property, privacy, and export controls.
  2. Engage in any activity that promotes or encourages illegal activity, including but not limited to:
    1. Fraudulent schemes, money laundering, or any form of financial crime;
    2. Distribution of unlawful content or materials;
    3. Harassment, stalking, or invasion of privacy;
    4. Impersonating another person or entity without authorization.
  3. Use the Flipchat App or authorize or encourage any third party to to transmit, distribute, store, upload or otherwise communicate on the Flipchat Solution any data, information, content or other material that:
    1. infringes on the intellectual property rights of others;
    2. are false, intentionally misleading, or impersonates any other person;
    3. contains viruses, malware, or other harmful components.
    4. are bullying, harassing, abusive, or otherwise offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; or
    5. violate our acceptable use policies available through the Flipchat Website or Flipchat App, which govern acceptable behavior while using the Flipchat Solution and may be updated by Flipchat from time to time.
  4. Attempt to gain unauthorized access to the app, its servers, or any associated networks, or interfere with the proper functioning of the app.
  5. Use the app in any manner that could harm, disable, overburden, or impair the app or interfere with any other party's use of the app.
  6. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions. This may include reporting you to law enforcement authorities, terminating your account, and seeking damages.
3. Non-Circumvention. All communications, including any interactions between Users and payment transactions related to services or interactions facilitated through the Flipchat Solution, will take place exclusively through the Flipchat Solution. You will not, nor will you authorize or encourage any third party directly or indirectly, to circumvent the Flipchat Solution by initiating or continuing any communications or transactions outside of the Flipchat Solution. This includes, but is not limited to, exchanging contact information for the purpose of communicating or transacting outside of the platform.
4. Content Ownership. You are solely responsible for any content you submit, transmit, or display through the Flipchat Solution. You confirm that you own or have the necessary rights to all content you share via the Flipchat Solution, including messages, media, and any other materials, and that such content does not infringe on the intellectual property rights, privacy rights, or proprietary rights of any third party.
5. Feedback. You agree to provide Flipchat with feedback related to the use of the Flipchat Solution, including promptly and accurately reporting to us any actual or suspected errors, problems, bugs or difficulties with the Flipchat Solution, along with any other information reasonably requested by us to aid in resolving such errors, problems, bugs or difficulties with the Flipchat Solution (such information, “Feedback”). You agree that we may use such Feedback, at our discretion, for purposes related to improving the Flipchat Solution.
Chat Host Rights and Obligations and Independent Contractor Status
1. Chat Room Ownership and Management
  1. All chat Rooms created on the Flipchat App, including but not limited to their names, unique identifiers (e.g., room numbers or access codes), content, and associated metadata, are and shall remain the sole property of Flipchat Inc. Chat Hosts acknowledge and agree that they have no ownership rights, proprietary rights, or other claims over any aspect of the Rooms they create or manage.
  2. Flipchat reserves the exclusive right, in its sole discretion, to:
    1. Reassign room names, numbers, or other identifiers;
    2. Reorganize, modify, or merge Rooms;
    3. Suspend or terminate any chat room without prior notice or liability to the Chat Host or Users.
2. Limited Role of Chat Hosts. Chat Hosts are granted a limited role to manage their Rooms as provided by the platform’s features (e.g., inviting participants, moderating discussions). However, this role does not confer any ownership or control beyond what is expressly permitted under these Terms of Service.
3. No Expectation of Permanence. Chat Hosts acknowledge and agree that the attributes and configuration of any chat room, including its name, identifier, participants, and content, may be modified, reassigned, or removed at Flipchat’s discretion. Flipchat is not liable for any loss, inconvenience, or damage resulting from such changes.
4. Compliance with Terms. Use of the chat Room functionality, including the creation and management of Rooms, must comply with these Terms of Service and all applicable laws. Violations may result in the suspension or termination of the Chat Host’s account or access to specific features.
5. Chat Host Responsibilities. In addition to the performance of responsibilities set forth in Section 5 of these Terms, Chat Hosts will also be responsible for:
  1. determining the amount of Cover Charge that Chat Participants will be required to pay to access a Room (as defined below) created by a Chat Host;
  2. communicating clear and accurate descriptions of services offered, including any conditions, limitations, or expectations related to the engagement with Chat Participants;
  3. ensuring availability and ability to deliver the agreed upon services at the time Chat Participants make the payment of Cover Charge (as defined below)
  4. complying with the representations and agreements made with Chat Participants or other Chat Hosts in respect of any services offered through the Flipchat Solution;
  5. resolving disputes relating to Chat Host’s use of the Flipchat Solution including but not limited to, disputes involving payments and services rendered through the Flipchat Solution; and
  6. reporting and paying any taxes arising from Chat Host Revenue (as defined below).
6. No Employment Relationship. Chat Hosts are, and will at all times remain, independent contractors of the Flipchat Solution and will not make any representations or take any acts which could establish any apparent or actual fiduciary relationship or any relationship of mandate, agency, trust, joint venture, co-employer, franchise, partnership, dependent reseller or employment.
Ownership: Intellectual Property Rights
1. All right, title and interest, including intellectual property rights, in the Flipchat Solution and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of us.
2. The Flipchat Solution and all materials provided by us hereunder are made available or licensed and not “sold” to you.
3. Licenses. You grant Flipchat a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and display any Content submitted or transmitted through the Flipchat Solution.
Transfers Using Your Flipchat App
1. You are responsible for all conduct and Transfers that take place on the Flipchat App or using your Access Key and you agree to take precautions to keep your Access Key secure.
2. You will comply with all applicable laws when accessing or using the Flipchat App and you will respect those who you encounter in your use of the Flipchat App.
3. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). Without limiting the foregoing, you may not download the Flipchat App or use the Flipchat Solution if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (ii) you intend to supply any services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
4. The Flipchat App is available οnly in cοnnectiοn with thοse cryptocurrencies that we suppοrt which may be subject tο change. As used herein, “cryptocurrency” includes any digital asset or virtual currency held as a record on a blockchain database.
5. You understand and acknowledge that the fiat value of the Kincryptocurrency provided within the Flipchat App, if any, is only an estimate. These estimates depend on the state of the blockchain and on relevant exchange rates of fiat currency and the valuation of cryptocurrencies, which are constantly changing. You understand and acknowledge that the amount of Kincryptocurrency displayed in your Flipchat App does not necessarily reflect the exact state of the blockchain at any point in time and may be inaccurate. We do not warrant nor do we make any representations as to the accuracy of the Kincryptocurrency amounts or fiat values displayed throughout the Flipchat App. For the avoidance of any doubt, “fiat currency” means any currency issued by a central bank of sovereign countries, such as the US Dollar, Euro, etc.
6. You can access and view the balance of your Kincryptocurrency in the Flipchat App. You may have the opportunity to create a password or other safeguard to confirm Transfers. If you choose to do this you are responsible for creating a secure password and storing it in a secure location.
7. You understand and agree that your ability to use the Flipchat App to make Transfers will be subject to per Transfer and per day limits, determined with reference to local guidance in your home country.
8. Priοr tο doing a Transfer using the Flipchat App, yοu are responsible for verifying the intended recipient of the Transfer. You acknowledge and agree that we dο nοt guarantee the identity οf any recipient, User, requestee οr οther party, and that we are not responsible for any Transfers that are intercepted by an unintended recipient, and that we are not responsible for any Transfers that are intercepted by an unintended recipient.
9. You acknowledge that all Transfers are irreversible and that we cannot guarantee Transfer confirmation as we do not have control over the blockchain or Kincryptocurrency network.
10. While the software has undergone beta testing and continues to be improved by feedback from the User and developer community, you acknowledge and agree that we cannot guarantee that there will be no bugs in the software.
11. Yοu acknowledge and understand that yοu will nοt receive interest οr οther earnings on your Flipchat Account, in yοur wallet or frοm the use οf the Flipchat App.
12. We have limited responsibility or liability tο yοu fοr Transfers conducted by you or programmatic transactions cοnducted by us, in accοrdance with yοur instructiοns, as further set out in Sections 12 (Disclaimers), 13 (Cryptocurrency Risk Disclosure Statement) and 14 (Limitation of Liability) below and in the Paid Services Addendum, where applicable.
Conditions of Use of the Flipchat Solution.
1. You will not, and will not attempt to:
  1. use yοur Flipchat App tο stοre, send, request, οr receive cryptocurrencies in any fοrm that we dο nοt suppοrt, notwithstanding the capability of the wallet to facilitate such activities;
  2. violate in any manner any applicable federal, provincial, local, or international law or regulation including, any laws regarding patent, trademark, trade secret or copyright;
  3. use the Flipchat Solution for the purpose of building a similar or competitive product or service;
  4. attempt to gain unauthorized access to the Flipchat App or bypass any measures we may use to prevent or restrict access to the Flipchat App;
  5. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Flipchat App (e.g., a denial of service attack);
  6. copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Flipchat App or any part thereof or otherwise attempt to discover any source code;
  7. use or develop any third-party applications that interact with the Flipchat App, Content or other information contained in the Flipchat Solution, without our prior written consent;
  8. mirror or frame the Flipchat App or any Content;
  9. access the Flipchat App through any interfaces other than the interfaces that we provide for that purpose (for example, you may not “scrape” the Flipchat App through automated means or “frame” any part of the Flipchat App); or
  10. authorize, permit, enable, induce or encourage any third party to do any of the above.
2. Privacy. You acknowledge that you have carefully reviewed and understand our current privacy policy, available at flipchat.xyz/privacy which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals.
Third Party Content, Websites or Services.
1. The Flipchat Solution may provide links or access to third party content, websites, or services. We do not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under our control, and if you choose to access any such content, websites, services or to access the Flipchat Solution from such systems, you do so entirely at your own risk.
Disclaimers.
1. No Liability for Your Conduct. Flipchat is not responsible for your conduct on the Flipchat Solution. All interactions, communications, and transactions between Users are solely between such Users. You acknowledge that Flipchat does not control or supervise the interactions or communications between you and other Users.
2. No Involvement in Disputes. Flipchat is not responsible for, and will not be involved in, any disputes arising between Users within the Flipchat Solution, nor does Flipchat assume any responsibility for the conduct or actions of either party during or after their interactions.
3. No Verification of Identity. Flipchat is not responsible for the verification of the identity, qualifications, credentials or background of any User and makes no representations or warranties regarding the identity or legitimacy of any User.
4. No Endorsement. Flipchat does not endorse or guarantee the quality, accuracy, or legality of any services, content, or interactions provided by any User through the Flipchat Solution. The inclusion of any User on the Flipchat Solution does not constitute an endorsement or recommendation of such User by Flipchat. All interactions with other Users are conducted at the Users' own risk.
5. Service Availability. Flipchat does not guarantee that the Flipchat Solution or that any Chat Host services or Rooms will be available at all times or free from errors or interruptions. Flipchat reserves the right to modify, suspend, or discontinue the Flipchat Solution at any time without notice and without liability.
6. THE FLIPCHAT SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, COMPATIBILITY, RELIABILITY, SECURITY, TIMELINESS, SUITABILITY, TITLE, NON-INFRINGEMENT AND AVAILABILITY OF THE FLIPCHAT SOLUTION AND ANY SERVICES PROVIDED BY THIRD PARTIES AND THAT THE FLIPCHAT SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE FLIPCHAT SOLUTION AND ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS REMAINS SOLELY WITH YOU. FLIPCHAT UNDERTAKES NO RESPONSIBILITY WHATSOEVER AND WILL IN NO CIRCUMSTANCES BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OF THE FLIPCHAT SOLUTION.

If you have a dispute with one or more third parties in connection with your use of the Flipchat Solution, you agree to release us (including our affiliates, and each of their and our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”

Cryptocurrency Risk Disclosure Statement.
1. CAUTIΟN: You understand there are substantial risks associated with the purchase, sale, use and holding of cryptocurrencies such as Kin. Accordingly, you agree that you will carefully evaluate whether yοu can bear the risk associated with cryptocurrencies and whether it is suitable fοr yοu. You agree to familiarize yourself and assume any and all such risks, including:
  1. KinCryptocurrency is not insured in any way by us or by any governmental agency;
  2. The value of any Kincryptocurrency you hold or acquire through the Flipchat App is accessible for Transfers within the Flipchat App with your Access Key. If you lose access to your Access Key, your Kincryptocurrency will be unrecoverable and we will not assist you in recovering digital currencies secured with your Access Key.
  3. Flipchat is a developer of software. Flipchat does not operate a digital asset exchange platform or offer trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the Flipchat Solution. All Transfers between Users of the Flipchat App are executed peer-to-peer between Users through the blockchain.
  4. We cannot reverse a Kincryptocurrency Transfer which has been broadcast to the blockchain, and losses due to fraudulent or accidental Transfers are not recoverable;
  5. The price and liquidity of Kincryptocurrency has been, and may be, subject to large fluctuations on any given day and you may lose any and all value in your Kincryptocurrency at any time;
  6. Some cryptocurrency service providers have been subject to cyberattacks, malicious activities, and other technical issues that have resulted in the loss or theft of digital currencies to their users and there is a risk that a similar cyberattack, malicious attempt or technical failure or interruption in use or functioning could affect the Flipchat Solution and result in the theft or loss of your digital currencies for which you cannot recover;
  7. KinCryptocurrency is not part of a central bank that can take corrective measures to protect the value of Kincryptocurrency in a crisis;
  8. Neither the Flipchat Solution, we, nor other third parties are your financial intermediaries or custodians of your Kincryptocurrency and while the Flipchat App may facilitate Transfers, we are nοt a bank, brοkerage, exchange or money transmitter;
  9. Changes to applicable law may adversely affect the use, transfer, exchange or value of Kincryptocurrency and such changes may be sudden and without notice;
  10. KinCryptocurrency is not legal tender and isare not backed by a government (i.e. digital currencies do not have the same protection as the money deposited in your bank account); and
  11. KinCryptocurrency has value from the continued willingness of market participants to use it, and is susceptible to loss of confidence, which could collapse demand relative to supply and may result in permanent and total loss of value of a particular cryptocurrency if the market for Kin such digital currencies disappears.
LIMITATION OF LIABILITY.

THE FOLLOWING APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, DATA DELETION, DATA CORRUPTION, FAILURE TO STORE ANY DATA, PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS OR DISCOMFORT, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE OR THEY WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE FLIPCHAT SOLUTION OR THE INABILITY TO MAKE USE OF THE FLIPCHAT SOLUTION, OR THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FLIPCHAT SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE FLIPCHAT SOLUTION.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY, OR THE TOTAL AGGREGATE LIABILITY OF OUR AFFILIATES, LICENSORS AND SUPPLIERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS, IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FLIPCHAT SOLUTION EXCEED $1,000USD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS AMOUNT.

Indemnification.

You will defend, indemnify and hold harmless us and our officers, directors, employees, agents, shareholders, affiliates, and partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including legal and expert fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (a) your use (or the use by any third party using your mobile device or your Access Key) of the Flipchat Solution; (b) any breach by you of these Terms; and (c) any actual or alleged violation of any law, rule or regulation, or the rights of any third party (including intellectual property rights), by you.

In addition, you will defend, indemnify and hold harmless all Indemnified Parties relating from and against all losses, costs, damages, expenses, fines, fees, penalties, interest and liabilities (including reasonable legal fees and court costs), which may be suffered or incurred by the Indemnified Parties from or relating to (a) any communications, interactions, disputes, or transactions between you and other Users, including but not limited to claims or allegations arising from such interactions; and (b) any data, information, documents or other material that you make available to us, including as a result of your failure to obtain all necessary consents or permissions (including in respect of personal information) necessary for us to make the Flipchat Solution available to you.

Beta Period.
1. Flipchat may, at its sole discretion, grant the User early access to the Flipchat Solution for a designated period specified by Flipchat by indicating this to you either within the Flipchat Solution or the website, app store or page where you can download or use the Flipchat Solution (the period of such early access, the “Beta Period”). For the Beta Period, the following will apply:
  1. Users may be restricted from completing Transfers in the Flipchat Solution;
  2. Flipchat may provide Users with trial Kincryptocurrency balances or incentives within the Flipchat Solution that are subject to change, expiration, or removal without notice;
  3. any data, transactions, or settings configured by Users within the Flipchat Solution during the Beta Period may be reset or deleted when the Beta Period concludes;
  4. Users will be unable to connect a Kincryptocurrency wallet to the Flipchat Solution or otherwise obtaining an Access Key;
  5. Users will be unable to deposit or withdraw funds from the Flipchat App;
  6. the Kincryptocurrency balance displayed in the Flipchat Solution account may not accurately reflect the User’s balance following the Beta Period; and
  7. any advertised features of the Flipchat Solution may not be functional.
2. In the event of a conflict or inconsistency between this Section 16 and any other provision of this Agreement during the Trial Period, this Section 16 will prevail to the extent of the conflict or inconsistency.
Disputes & Arbitration for Residents of the United States.

If you are a resident of the United States and you have a dispute with us arising out of your use of the Flipchat Solution, this Section 17 applies.

Mandatory Arbitration. You agree to contact us first and attempt to work out any such dispute amicably. If we’re unable to work out a solution amicably, both we and you agree to resolve any disputes arising out of your use of the Flipchat Solution or these Terms through binding arbitration or, at our option, small claims court.
CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

In any lawsuit in which: (i) the complaint is filed as a class action, collective action or non-PAGA representative action; and (ii) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review, if review is sought), the Class Action Waiver shall be severable from these Terms and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.

In any lawsuit in which: (i) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (ii) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review, if review is sought), the PAGA Waiver shall be severable from these Terms and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in these Terms, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration. You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing us at legal@flipchat.com with your first and last name and phone number stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location. The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here. In the event of any conflict between the rules and these Terms, these Terms shall apply. We and you both agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we and you mutually agree upon in writing.
Arbitration Fees. The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, we will pay for your reasonable arbitration fees where: (i) the claim for damages does not exceed $10,000; and (ii) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). We will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).

Termination. You can stop using the Flipchat Solution at any time and without notice to us. Similarly, we may terminate access to the Flipchat App for you or any other Users or stop offering all or part of the Flipchat App at any time without notice. In the event of termination, Sections 7, 8, and 12-27 and any applicable Addenda survive and continue to apply to you.
Controlling Law. To the extent permitted by applicable law, these Terms will be governed by the laws of the State of California for residents of the United States, otherwise, and by the laws of the Province of Ontario, without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Flipchat App that are not subject to Section 17 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Los Angeles County, California, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada, and we and you consent to the personal jurisdiction of those courts.
Force Majeure. Notwithstanding anything to the contrary contained herein, Flipchat shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.
Entire Agreement &and Severability. These Terms, subject to any amendments, addenda, modifications, or additional agreements you enter into with us, shall constitute the entire agreement between you and us with respect to the Flipchat Solution and any use of the Flipchat App. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of our right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
Assignment. You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. We may assign its rights, licenses, and obligations under these Terms without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section 23 will be null and void. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
Copyright and Trademark Policy. If you believe any content posted or made available on the Flipchat App constitutes infringement of your copyright rights, you may send a written notice of infringement to our designated copyright agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (i) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (ii) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Flipchat App (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (iii) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (iv) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Flipchat Inc.: legal@flipchat.xyz
Attn: Copyright Agent

If you believe any content posted or made available on the Flipchat App constitutes infringement of your trademark rights, you may also send your notice to our designated copyright agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the product(s) allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).

Contact Information. If you have any questions or comments about these Terms, please contact us at: legal@flipchat.xyz
Apple App Store Additional License Terms. If the Flipchat App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all of the other terms and conditions of these Terms:
1. You and we acknowledge these Terms are concluded between you and us, and not with Apple. The responsibility for the Flipchat App and content thereof is governed by these Terms.
2. Notwithstanding anything to the contrary hereunder, you may use the Flipchat App only on an Apple-branded product that you own or control.
3. You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Flipchat App.
4. In the event of any failure of the Flipchat App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Flipchat App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Flipchat App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
5. Any claim in connection with the Flipchat App related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
6. Any third party claim that the Flipchat App or your possession and use of the Flipchat App infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
7. You represent and warrant that you are not: (A) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (B) listed on any U.S. Government list of prohibited or restricted parties.

Apple is a third party beneficiary to these Terms and may enforce these Terms against you. If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located here) or; the App Store Terms of Service (the current version as of the date these Terms was last updated is located here), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

Google Play.

If the Flipchat App is provided to you through the Google LLC (Google LLC together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

You acknowledge and understand that:
1. Google is not responsible for providing support services for the Flipchat App.
2. If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located here), the terms and conditions of the Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

PAID SERVICES ADDENDUM TO THE FLIPCHAT TERMS OF SERVICE

Flipchat Inc. offers Users the ability to pay in Kincryptocurrency using the Flipchat App enabling interactions with third parties offering chat or communication services (“Paid Services”). Users that pay in Kincryptocurrency to engage with third parties through Paid Services are referred to as “Chat Participants” and Users who offer chat or communication services in Paid Services are referred to as “Chat Hosts”.

This Paid Services Addendum to the Flipchat Terms of Service (“Paid Services Addendum”) forms part of the Terms. In the event of any conflict between this Paid Services Addendum and the Terms, this Paid Services Addendum shall prevail with respect to Paid Services.

Service Charge

Chat Hosts will use the Flipchat Solution to create spaces where Users can engage with one another (“Rooms”). Chat Hosts will be charged a fee in Kincryptocurrency for each Room creation, 100% of which will be paid to Flipchat immediately upon Room creation (“Service Charge”). Flipchat reserves the right to reassign room names, numbers, or other identifiers, reorganize, modify, or merge Rooms or suspend or terminate any chat room without prior notice or liability to the Chat Host or Users, in its sole discretion.

Cover Charge and Chat Host Revenue

Unless otherwise specified in the Flipchat Solution, Users will be charged a fee in Kincryptocurrency determined solely by the Chat Host to access a Room (“Cover Charge”), 100% of which will be paid to the Chat Host’s Flipchat Account (“Chat Host Revenue”).

Transaction Limits

We reserve the right to restrict transactions in Paid Services, including imposing the following transaction limits when you pay Fees to any User through Paid Services: $250 USD per transaction and $1000 USD per day, based on the equivalent value in Kin cryptocurrency.

Suspension of Access

Flipchat reserves the right to suspend your access to Paid Services for any reason, including violation of this Paid Services Addendum, the Terms, or other agreements you enter into with us.

Changes to Paid Services

Our Paid Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing Paid Services or any features within Paid Services to you or to users generally with or without notice. Flipchat is not liable to you or to any third party for any modification, suspension or discontinuance of Paid Services. The specific terms and conditions for the specific Paid Service specify how you can cancel a subscription or, when applicable, seek a refund.

Changes to Pricing

Prices for Paid Services, including recurring subscription fees, are subject to change from time to time. Flipchat will provide reasonable advance notice of any material change to the price of Paid Services. For subscription services, price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription to the applicable Paid Service prior to the price change going into effect.

In-App Payments

Flipchat offers various payment options that may vary by Paid Service, your device and/or operating system, your geographic location, or other factors. To the extent available (as Flipchat may make various purchase methods available from time to time), these payment options may include the ability to use “In app payment” functionality offered by Google or Apple. When you make a payment, you explicitly agree: (i) to pay the price listed for the Paid Service, along with any additional amounts relating to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations; and (ii) to abide by any relevant terms of service, privacy policies, or other legal agreements or restrictions (including additional age restrictions) imposed by Google or Apple in connection with your use of a given payment method (for example only, if you choose to make your payment via Apple’s in-app purchasing functionality, you agree to abide by any relevant terms, requirements, and/or restrictions imposed by Apple).

Any private personal data that you provide in connection with your use of Paid Services including, without limitation, any data provided in connection with payment, will be processed in accordance with the Flipchat Privacy Policy. Flipchat may share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit cards, debit cards, or ACH. It is your responsibility to make sure your banking, credit card, debit card, and/or other payment information is up to date, complete and accurate at all times. If you make a payment for Paid Services, we may receive information about your transaction such as when it was made, what platform you made the purchase on, and other information. Flipchat will not be responsible or liable for any errors made or delays by a payment processor, Apple’s App Store or the Google Play Store, your bank, your credit card company, and/or any payment network.

Conflicts with the Flipchat Terms of Service Agreement

YOU MUST ALWAYS FOLLOW AND COMPLY WITH THE FLIPCHAT TERMS OF SERVICE. The Flipchat Terms of Service always apply to your use of the Flipchat Service, including Paid Services and features. Your failure to follow and comply with the Flipchat Terms of Service, or Flipchat's belief that you have failed to follow and comply with the Flipchat Terms of Service, may result in the cancellation of your Paid Services. Any such cancellation will be in addition to, and without limitation of, any enforcement action that Flipchat may take against you pursuant to the Flipchat Terms of Service. In such instances you may lose the benefits of your Paid Services and you will not be eligible for a refund for any amounts you have paid (or pre-paid) for Paid Services.

In the event of a conflict between the provisions of this Flipchat Purchaser Terms of Service and those of the Flipchat Terms of Service, the provisions of this Flipchat Purchaser Terms of Service take precedence solely with respect to your use of Paid Services.

Why Flipchat Might Terminate Your Access to Paid Services

Flipchat may suspend or terminate your access to Paid Service(s) or cease providing you with all or part of Paid Services (without any liability) at any time for any or no reason, including, but not limited to any of the following reasons:

Flipchat believes, in its sole discretion, that you have violated the Terms or your use of the Paid Service(s) would violate any applicable laws;
Flipchat is requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency;
Flipchat has unexpected technical or security issues;
Flipchat believes you have violated the Flipchat Terms of Service;
You create risk or possible legal exposure for Flipchat;
Your account should be removed due to unlawful conduct;
Your account should be removed due to prolonged inactivity; or
Our provision of Paid Services (in whole or in part) to you is no longer commercially viable (in Flipchat's sole discretion).

All Transactions Are Final

All payments for Paid Services are final and not refundable or exchangeable, except as required by applicable law. We make no guarantee as to the nature, quality, or value of Paid Services or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used Paid Service (for example, a partially used subscription period).

Paid Services Are Non-Transferable between Flipchat Accounts

Each purchase of Paid Services applies to a single Flipchat account, meaning that your purchase will apply solely to the account you were using when you purchased the Paid Service and will not apply to other accounts that you may have access to, or control over. If you have or control multiple accounts and you want access to Paid Services on each account, you must purchase the Paid Service on each account individually.

Restrictions and Obligations.

You may only purchase and use Paid Services if you are legally allowed to use the Paid Service in your country and you live in a country supported by Flipchat for the applicable Paid Service. Flipchat may, in its discretion, restrict the ability to access or purchase Paid Services in certain countries. Flipchat reserves the right to modify the list of supported countries from time to time.
We reserve the right to refuse Paid Services transactions or to cancel or discontinue the sale or use of Paid Services in our sole discretion.
You may not allow others to use your Flipchat account to access any Paid Service that such person did not order.
You may not purchase or use Paid Services if you are a person with whom U.S. persons are not permitted to have dealings pursuant to economic sanctions, including, without limitation, sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority ("Prohibited Person"). This includes, without limitation, persons located in, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Ukraine regions of Crimea, North Korea and Syria. You represent and warrant that you are not a Prohibited Person.
YOU REPRESENT THAT YOU WILL USE PAID SERVICES ONLY FOR LAWFUL PURPOSES AND ONLY IN ACCORDANCE WITH THE TERMS.

Taxes and fees

You are responsible for and agree to pay any applicable taxes, duties, tariffs, and fees related to the purchase of Paid Services, including those required to be paid to either Flipchat or a third-party payment processor. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other applicable taxes. Depending on your location, Flipchat may be responsible for collecting and reporting information related to transaction taxes arising from your purchase of Paid Services. You grant Flipchat permission to provide your account and personal information to relevant tax authorities to fulfill our tax collection and reporting obligations.

DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF PAID SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT PAID SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLIPCHAT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLIPCHAT MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF PAID SERVICES; AND (II) WHETHER PAID SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ARE RESPONSIBLE FOR YOUR USE OF THE FLIPCHAT SERVICE, INCLUDING PAID SERVICES, AND ANY CONTENT YOU PROVIDE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLIPCHAT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE PAID SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY POSTED THROUGH PAID SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM PAID SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. FOR THE AVOIDANCE OF DOUBT, THE DEFINITION OF PAID SERVICES IS LIMITED TO THE FEATURES OFFERED BY FLIPCHAT AND DOES NOT INCLUDE ANY CONTENT YOU ACCESS AND/OR INTERACT WITH IN USING THOSE FEATURES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FLIPCHAT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FLIPCHAT, IF ANY, IN THE PAST SIX MONTHS FOR PAID SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FLIPCHAT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE “FLIPCHAT ENTITIES” REFERS TO FLIPCHAT, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS.

APPLICABLE LAW

IN YOUR JURISDICTION MAY NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITY. TO THE EXTENT REQUIRED BY APPLICABLE LAW IN YOUR JURISDICTION, THE ABOVE DOES NOT LIMIT THE FLIPCHAT ENTITIES’ LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, AND/OR INTENTIONAL CONDUCT. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE FLIPCHAT ENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY NON-EXCLUDABLE WARRANTIES IS LIMITED TO ONE HUNDRED US DOLLARS (US$100.00).

Notice Regarding Apple

To the extent that you purchased Paid Services or are using or accessing Paid Services on an iOS device, you further acknowledge and agree to the terms of this Section. You acknowledge that the Terms are between you and us only, not with Apple, and Apple is not responsible for Paid Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to Paid Services. In the event of any failure of Paid Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for Paid Services to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Paid Services. Apple is not responsible for addressing any claims by you or any third-party relating to Paid Services or your possession and/or use of Paid Services, including, but not limited to: (i) product liability claims; (ii) any claim that Paid Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that Paid Services and/or your possession and use of the mobile application infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using Paid Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

©Flipchat 2024