Terms of Service

1. Agreement to Terms

These Terms of Service (the "Terms") form a binding legal agreement between you and flyntly ("flyntly", "we", "us", or "our") and govern your access to and use of the flyntly team communications platform, including our website, our web application located at app.flyntly.com, and any related services, features, applications, and content we provide (collectively, the "Service").

By accessing or using the Service, by clicking to accept these Terms where that option is made available to you, or by otherwise indicating your acceptance, you agree to be bound by these Terms. In these Terms, "you" and "your" refer to the individual or organization accessing or using the Service. If you do not agree to these Terms, you must not access or use the Service.

These Terms incorporate by reference our Privacy Policy and any other policies or guidelines we make available and reference within the Service. Please read all of these documents carefully.

2. Eligibility

You must be at least 16 years of age to access or use the Service. By using the Service, you represent and warrant that you are at least 16 years old and that you have the legal capacity to enter into a binding agreement.

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, the terms "you" and "your" refer to that entity, and you are responsible for ensuring that all users who access the Service through your account comply with these Terms.

3. Accounts and Registration

To access most features of the Service, you must create an account. When you register, you agree to provide accurate, current, and complete information and to keep that information up to date. You may not create an account using false information or on behalf of someone other than yourself unless you are authorized to do so.

You are responsible for safeguarding your account credentials and for maintaining the confidentiality of your password. You agree to use reasonable measures to protect your account, including enabling available security features and using a strong, unique password.

You are responsible for all activity that occurs under your account, whether or not you authorized that activity. You must notify us promptly at legal@flyntly.com if you become aware of any unauthorized access to or use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Description of the Service

flyntly is a software-as-a-service platform that helps teams communicate, stay connected, and remain aligned. The Service provides tools for messaging, collaboration, organizing conversations, sharing content, and integrating with third-party applications, among other features we may offer from time to time.

We are continually improving the Service and may add, change, or remove features at our discretion. We may also offer different functionality depending on your subscription plan. We do not guarantee that any particular feature will always be available, and we may impose usage limits to maintain the security, stability, and performance of the Service.

5. Subscriptions, Plans, and Billing

The Service is offered through a free plan and one or more paid subscription plans. The features, usage limits, and pricing for each plan are described on our website or within the Service and may be updated from time to time.

Free plan

We may make a free plan available with limited features and capacity. We reserve the right to modify, limit, or discontinue the free plan at any time, and to set or adjust the limits applicable to it.

Paid plans and recurring billing

If you purchase a paid subscription, you authorize us, or our third-party payment processor, to charge the applicable fees to your designated payment method on a recurring basis. Paid plans are billed in advance on a recurring monthly or annual cycle, depending on the billing period you select.

Auto-renewal

Unless you cancel before the end of the current billing period, your subscription will automatically renew for an additional period of the same length, and we will charge the then-current fees to your payment method. By subscribing, you consent to this automatic renewal until you cancel.

Price changes

We may change our fees and pricing at any time. If we change the fees applicable to your subscription, we will provide you with reasonable advance notice. Price changes will take effect at the start of the next billing period following the notice. If you do not agree to a price change, you may cancel your subscription before it takes effect.

Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, unless otherwise stated. You are responsible for paying all such taxes associated with your purchases, except for taxes based on our net income.

Refunds

Except where required by applicable law or as expressly stated in these Terms, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, or downgrades.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. When you cancel, your subscription will remain active until the end of the current billing period, after which it will not renew. Cancellation does not entitle you to a refund of fees already paid, except as required by law.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that everyone who uses the Service through your account complies with this Acceptable Use Policy. You agree that you will not, and will not permit any other person to:

• Use the Service in any way that violates any applicable law, regulation, or third-party rights, or for any illegal or unauthorized purpose.
• Harass, threaten, defame, abuse, or otherwise harm any person, or engage in conduct that is hateful, discriminatory, or otherwise objectionable.
• Send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of bulk or duplicative messaging.
• Upload, transmit, or distribute any viruses, worms, malware, or other malicious or harmful code.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service, except to the extent such restriction is prohibited by applicable law.
• Scrape, harvest, crawl, or otherwise collect data from the Service using automated means without our prior written consent.
• Upload, post, or share content that infringes or misappropriates the intellectual property, privacy, or other rights of any third party.
• Interfere with, disrupt, or impose an unreasonable load on the Service or the servers and networks that support it.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means.

We reserve the right to investigate and take appropriate action, including removing content, suspending or terminating accounts, and reporting activity to law enforcement, in response to any actual or suspected violation of this Acceptable Use Policy.

7. User Content

The Service allows you and your users to create, upload, store, send, and share messages, files, and other materials (collectively, "User Content"). As between you and flyntly, you retain all ownership rights in your User Content. We do not claim ownership of your User Content.

To operate and provide the Service, you grant flyntly a worldwide, non-exclusive, royalty-free, limited license to host, store, reproduce, process, transmit, display, and otherwise use your User Content solely as necessary to provide, maintain, secure, and improve the Service, to comply with applicable law, and to enforce these Terms. This license exists only for as long as your User Content is stored in the Service and terminates when your User Content is deleted, except where retention is required to comply with legal obligations or as described in our Privacy Policy.

You are solely responsible for your User Content and for ensuring that it does not violate these Terms or any applicable law, and that you have all rights, licenses, and permissions necessary to upload and use it within the Service. You represent and warrant that your User Content does not infringe or misappropriate the rights of any third party.

We have no obligation to monitor User Content, but we may review, remove, or restrict access to User Content that we reasonably believe violates these Terms or applicable law, or that may otherwise be harmful to the Service or to others.

8. Intellectual Property

The Service, including all software, technology, designs, text, graphics, user interfaces, and other content provided by flyntly (excluding User Content), and all related intellectual property rights, are and remain the exclusive property of flyntly and its licensors. The flyntly name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of flyntly or its affiliates.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business or personal use. No rights are granted to you other than as expressly set out in these Terms. You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service, except as expressly permitted by us in writing.

9. Third-Party Services and Integrations

The Service may allow you to connect, access, or interact with third-party applications, websites, products, or services ("Third-Party Services"). These integrations are provided for your convenience, and your use of any Third-Party Service is at your own risk.

Third-Party Services are governed by their own terms and privacy policies, not by these Terms. We do not control, endorse, or assume any responsibility for any Third-Party Service, including its availability, accuracy, content, or practices. When you enable an integration, you may be permitting the exchange of data between flyntly and the Third-Party Service, and you are responsible for reviewing and accepting the terms of that Third-Party Service. We are not liable for any loss or damage arising from your use of any Third-Party Service.

10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and protect personal information in connection with the Service. By using the Service, you acknowledge that you have read and understood the Privacy Policy, which is incorporated into these Terms by reference.

11. Termination and Suspension

Termination by you

You may stop using the Service and terminate your account at any time through your account settings or by contacting us. If you have a paid subscription, termination is subject to the cancellation and billing provisions described above.

Termination or suspension by us

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, that your use poses a security or legal risk to us or others, or that we are required to do so by law. Where practicable and appropriate, we will provide notice before taking such action.

Effect of termination

Upon termination, your right to access and use the Service will immediately cease, and any licenses granted to you under these Terms will end. Provisions of these Terms that by their nature should survive termination, including ownership provisions, disclaimers, limitations of liability, and indemnification, will survive.

Data export

Following termination or cancellation of a paid plan, we will, for a limited period of 30 days, make commercially reasonable efforts to allow you to export your User Content, unless prohibited by law or unless your account was terminated for a violation of these Terms. After this window, we may permanently delete your User Content in accordance with our data retention practices described in our Privacy Policy.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, flyntly disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, that defects will be corrected, or that the Service will meet your requirements or expectations. You use the Service at your own discretion and risk, and you are solely responsible for any damage resulting from your use of the Service.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will flyntly, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms or your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, flyntly's total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the total amount you paid to flyntly for the Service during the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred U.S. dollars (USD 100). The limitations in this section apply to all claims, whether based on warranty, contract, tort, or any other legal theory.

14. Indemnification

You agree to indemnify, defend, and hold harmless flyntly, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your violation of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

15. Changes to the Service and to These Terms

We may modify, suspend, or discontinue the Service, or any part of it, at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation, except as expressly provided in these Terms.

We may also update these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by posting the updated Terms within the Service, sending you a notification, or updating the "Last updated" date above. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

16. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

You agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts. Before initiating any formal proceeding, you agree to first contact us at legal@flyntly.com and attempt to resolve the dispute informally and in good faith.

17. Contact Us

If you have any questions about these Terms, please contact our legal team at legal@flyntly.com. For general questions or help with the Service, you can reach our support team at support@flyntly.com.