Terms of Use

Flashy Flyers (hereinafter referred to as “Flashy Flyers”, or the “Company”) provides its services through a SaaS (software as a service) model via its website www.flashyflyers.com (the “Website” or the “Site”), where the customers can access the company services and software directly through the website.

By accessing, shopping or registering on the website or using any of company’s services, the user acknowledges that they have read, understood and agreed to the entirety of these terms.

Please keep in mind that these terms may be amended or updated from time to time as the need arises, therefore it’s the user’s obligation to keep themselves informed of any such changes or amendments by regularly reviewing these terms. The user agrees that continued use of the website constitutes an express agreement to any such changes implemented.

1. DEFINITIONS

“Account” means the account of the user that is created with the website after entering into the agreement enabling the client to use the services.

“Agreement” means the legally binding agreement constituted by these terms of service.

“Client” or “User” means the individual or any legal entity with whom the company enters into this agreement and whose name and address appears on the account. The client and/or user and the company are collectively referred to as “Parties” or individually as a “Party”.

“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.

“Content” means any information or data, whether or not personal, that is constituted in the information that is processed by the company and provided by the user via email or the website.

“Service” means the access to the functionalities provided to the client via the website and the use of such functionalities in SaaS mode by such client.

2. SERVICE DESCRIPTION, ACCESS AND AVAILABILITY

2.1. Service Description- The company provides a collection of pre-designed templates which are later customized into personalized high quality products for their personal or commercial use. It is to be duly noted that the service does not include any storage services. Although the company takes all reasonable measures to ensure data protection but it is not responsible or liable in the event of a loss of user data.

Furthermore, it is to be duly noted that the company does not provide new templates or any new designs, all available templates are pre-designed and can only be customized with the information such as images and text provided by the user.

2.2. Access- The services provided by the company can be accessed through the user’s registered account on the website which is meant for use by one person only. The client bears all responsibility as to the access and the usage of the account. The company requires the client to provide their original and correct details including full name, email address and any other information that may be required in order to complete the registration process on the website.

2.3. Revisions: Once the templates are finalized and payment has been made, the user has a one-time option to revise and change the content of the template for free, any subsequent changes or revisions after that are subject to extra payment.

3. ACCOUNT AND IDENTITY PROTECTION

i. In order to use certain features of the Website, you must register for an account. You will be asked to provide a username and a password along with other personal details (collectively referred to as the “Account”). You are solely responsible for maintaining the confidentiality of your account, and You agree to accept responsibility for all activities that occur under your account. You agree that the information You provide to us, whether during registration or any other time, will be true, accurate, current, and complete. If You have reason to believe that your Account is no longer secure then You must immediately notify the company at [email protected] You may be liable for the losses incurred by the company or others due to any unauthorized use of your Account.

ii. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for:

a) The online conduct of such User in relation to the use of the Products.

b) Consequences of any misuse by any such user.

iii. For additional information on how we use your information, please see our Privacy Policy.

4. EMAIL DATA AND CONTENT

4.1. User Data- The company ensures that any data or information you input into the product will not be freely given to any third party. The company does not sell or share any of user’s email data or the information they seek to put on the flyer templates. Only authorized employees of the company have access to such user data.

4.2. Information Collected and Used by Us- We are the sole owners of the information collected on the service including any metadata. We collect user information only to fulfill the purposes set forth in this agreement and/or our privacy policy. We reserve the right to view, copy and internally distribute user data to provide customer support.

5. PRICING AND INVOICING

5.1. Pricing- Our pricing is based on per usage basis, where the customer is charged each time they use a template to produce the flyers. The products we sell are offered at the prices provided on the website. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the user may be subject to payment of any such taxes, levies or duties in its jurisdiction.

5.2. Payment and Invoicing- The company accepts payment through credit cards as well as PayPal. The company requires valid credit card information to process payments.

6. MODIFICATION OF SERVICES AND PRICES

The company reserves the absolute right to modify or discontinue the service or any part thereof, temporarily or permanently, with or without prior notice. The fee and pricing may also be changed as the need arises from time to time.

7. COMPANY UNDERTAKING

The company undertakes to use all reasonable and human resources to provide the service, subject to (i) the full payment by the client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the service due to maintenance, service disruption or failure external to the company. For maintenance operations, the company will endeavor to inform the client in advance by email or via the website. The temporary interruptions of the service, of any kind, will under no circumstances give rise to indemnification of any kind to the client’s benefit. Any service not expressly provided for in the agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to the company’s applicable rates.

8. CLIENT UNDERTAKING

The client undertakes to:

i. Bear the cost of the necessary hardware and software and to subscribe to telecommunication services required to access the services.

ii. Maintain the security of their account and the associated password.

iii. Furnish accurate information required for the performance of the agreement and warrants the accuracy of such information.

iv. Pay all the fees under the purchase agreement.

v. Abstain from accessing or using the services in ways that could hamper or disrupt the functioning of the website.

vi. Refrain from modifying, adapting or hacking the service or modify another website so as to falsely imply that it is associated with the service.

vii. Refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the service, use of the service, or access to the service without the written permission by the company.

9. OTHER PROHIBITED CONDUCT

While using the Company Products, you further agree not to:

i. Create a false identify or impersonate another person or entity in any way.

ii. Restrict, discourage or prohibit any person from using the Company Products without a reasonable and lawful cause.

iii. Divulge personal information about a third person on or through Company Products without the consent of such person.

iv. Gain unauthorized access to the Services, to other Users’ Accounts, or to other computers or websites connected or linked to the Services.

v. Post, transmit or otherwise make available any virus or malware or any other malicious software, computer code, file or program that may damage or interfere with the operation of any equipment, software or any other aspect of the Company Products or computers connected to the Company Products.

vi. Interfere with or disrupt the Company Products, networks or servers or violate the policies or procedures of such networks or servers.

vii. Violate any applicable central, state or local laws or regulations or these Terms.

viii. Assist or permit any persons or entity in engaging in any of the activities described above. Doing so may indict the offender to civil liability and criminal prosecution under applicable and relevant laws.

10. UPDDATES TO THIS POLICY

We reserve the right to change our privacy practices. We will notify our users of any substantial changes to this policy or as required by law.

11. LIABILITY

The company provides the services on an ‘as is’ and ‘as available’ basis. The client agrees to use these services at their sole risk, The Client understands that the technical processing and transmission of the service including all content given by and received by users may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

It is to be duly noted that the company does not warrant that:

i. The services will meet all expectation and/or specific requirements of the client.

ii. The services will be uninterrupted, timely, secure, or error free.

iii. The quality of the information obtained by the client by using the services will meet all expectations.

The client understands that the company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the service.

The client also understands that, while the company’s solution offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to Flashy Flyers. The Client is therefore solely liable as to the transfer, the download or any use of User Data to or through an External API, excluding any liability of the company.

12. TERMINATION FOR BREACH

In case of any breach by the client of any conditions of this agreement, the company may suspend their account and the client’s account may be subject to termination. In certain cases, the company may allow a seven-day period to allow the client to remedy the said breach from the date of suspension, failing that, the company is fully entitled to completely terminate the agreement with immediate effect and without prior notice. Any user data that the client may have with the company will be deleted from company databases upon such termination and no amount received in advance by the company for the ongoing subscribed plan will be refunded.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 Flashy Flyers’ Ownership and Undertakings

All the intellectual property and the all content available on the website remains the sole property of the company. The company undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.

13.2. Client’s Ownership and Undertakings

The client owns all data and content processed under this agreement. The client undertakes to abstain from any and all activity that may result in directly or indirectly affecting the intellectual property owned by the company.

The Client grants the company against any claim, demand, suit or proceedings made or brought against the company by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify the company for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by the company in connection with any such claim, demand, suit or proceedings, provided that the company will (i) promptly informs the client in writing of the claim, demand, suit or proceeding, (ii) gives the client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally the company of its liability) and (iii) provides the client with all reasonable assistance. All fees incurred will be borne exclusively by the client.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FLASHY FLYERS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FLASH FLYERS, EVEN IF THE COMPANY OR A COMPANY AUTHROIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FLASHY FLYERS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. MISCELLANEOUS

i. Severability- If any provision of these Terms is found to be illegal, void or unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

ii. Waiver- A provision of these Terms may be waived only by an express written statement, only if executed and signed by the company. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

iii. Notice- Any notice or other communication to be given hereunder will be in writing and given by facsimile, either by registered post or electronic mail.

iv. Entire Agreement- The Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by the company.