FLASHAT TERMS OF USE

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(Last Updated February 24th, 2020) 

Overview 

Welcome to Flashat App. This terms of service has been created to Comply with the EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR) AND the CALIFORNIA CONSUMER PRIVACY ACT CCPA, And the New Law on Data Protection That Will Be Enforced Henceforth,

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE APP AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, DOWNLOAD OR USE THE APPLICATION.

These Terms of Use (“Terms“) apply to your access to, and use of, any App or services of Flashat (hereinafter referred to as “Flashat“), including www.Flashat.com, or other online products or services of Flashat (collectively, the “Services“). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Flashat for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Flashat if you violate these Terms.

General Terms

Flashat Terms of Use (Terms) presented in this document are the basic rights and obligations that users and Flashat App have and agree on when using Flashat service. TheseThis Terms constitute a binding agreement between Flashat and you as a user.

When you use the Flashat App, you agree to the Terms and they affect your rights and obligations. If you do not accept any or one of the terms and policy herein please kindly uninstall if you already downloaded, as well as your ability to delete your account using the App Settings.

Flashat reserves the right at any time and in our sole discretion to change or modify these Terms, or any policy or guideline of the App and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of these Terms on our App or site. 

So we implore you to frequently review the Terms and applicable policies guiding your use of the App and service. If you do not agree to the amended terms, you must stop using the Services immediately.


By downloading, installing, registering, creating accounts and using Flashat Mobile Application, you consent and accept Flashat Terms of Use (Terms) and Privacy Policy. If you don’t accept any article, term or condition, then you are requested to uninstall Flashat App.

The Services

Flashat is a Freemium Instant Messaging Mobile Application. Users can download and use most of the features for free, and can enjoy premium features with an annualwith annual subscription model.

Flashat Instant Messaging Mobile Application is introduced to users worldwide, subject to users’ compliance with their local countries’ regulations and with Flashat policies.

We are obligated to make our users irrespective of your country happy and satisfied with our Flashat App’s free and premium features, by using our App and services, you agree to waive Flashat any responsibility for noncompliance of a user with any local country laws.

Data Usage

Using Flashat App requires mobile internet connection, and thus may use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

Updates to Terms

We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to our updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.

Privacy and Data Protection

Our Privacy policy explains how we treat your personal data. By using the Services, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and benefitting from Flashat's Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy policy to learn more about personalization.

Applicability

These terms and conditions apply to every user or customer that placesplace an order for a premium Flashat service. Prior to the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user. 

Mobile Services and Applications

Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the Flashat application which allows you to access and use the Flashat Service on mobile that you own or control. You may use those copies of the Mobile App solely for your own personal, non-commercial use. We reserve all rights in the desktop and Mobile App not expressly granted to you by these Terms of Service. 

Vat

Flashat may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of Flashat Premium Plan or at the time you use Flashat Coins.

Premium Features

Certain features of the Service, such as upgrading to a premium account, may require you to pay a fee in order to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in Euros €.

The purchased Premium Subscription is not refundable and the user has to accept using the service for the paid year. We use the services of third parties to process your payments and we require that these third parties take the appropriate organizational and technical measures to protect your personal data and traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of those third parties before providing your banking or payment information. You agree that you are not relying on any guarantees to generate any revenue or gain any rewards of any feature or product offered through Flashat in agreeing to or making payments hereunder.

Auto Recurring Charge

For Premium Subscribers, the recurring charge feature will be automatically enabled when you buy Flashat Premium Plan, unless you uncheck the appropriate checkbox in the App Settings at the time of purchase or any time before the date of following charging. Your Flashat Premium Subscription fees will be recharged with the same amount and by the same payment method you initially designated when you created your account.

Free Renewal of Premium Subscription

Any user having a minimum of Twenty Five (25) Premium Fans, in their FANS > MY.FANS, in the first subscription year is eligible for following year FREE RENEWAL SUBSCRIPTION.

Flashat reserves the right to alter/modify or terminate the FREE RENEWAL SUBSCRIPTION at any point of time without any prior notice and without any liability.

Our Refunds Policy

Except as provided by law, all in App purchases are final and non-refundable. If you believe that Flashat has charged you in error, you must contact Flashat within 14 days of such charge.

Users are not entitled to claim any refund, except where believed and confirmed that Flashat has charged the user in error. As Flashat uses in-App Purchase, all purchases and payments are subject to the terms of payment providers (including with respect to payment terms, refunds, etc.).

Flashat reserves the right to refuse a refund request if it reasonably believes or suspects

  1. that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; 
  2. that you are in breach of the terms of this License; 
  3. that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently; or 
  4. that you purchased Flashat Premium Subscription or Flashat Coins Packages through a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.

Eligibility and Legal Capacity

You must be at least 13 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

Your Use of Our Material

Your right to make use of the Flashat Service and Material or other content appearing on our App or site is subject to your compliance with these Terms. You may not modify, or use the Material or any other content related to our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by us.

You may access and display Material and all other content displayed on our app for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Flashat. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or the Services.

Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

Messaging Services; Premium Services

As part of our Service, we offer you to message your friends who use Flashat, through our Service, free of charge (messaging using your data plan unless connected to Wifi). Flashat also offers you the opportunity to become a premium “Flashat” user, which allows you to enjoy additional features on the go.

Copyright and Limited License

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Flashat logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Flashat Materials”) are the proprietary property of Flashat or our licensors or users and are protected by Estonia and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Flashat Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Flashat Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Flashat Materials; (d) modifying or otherwise making any derivative uses of the Services and the Flashat Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Flashat Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Flashat Materials other than for their intended purposes. Any use of the Services or the Flashat Materials other than as specifically authorized herein, without the prior written permission of Flashat, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Flashat has adopted a policy of terminating, in appropriate circumstances and in Flashat’ sole discretion, subscribers who are deemed to be repeat infringers. Flashat may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent:
Address: 

Telephone Number:
Fax Number: 

E-Mail Address:

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Trademarks

“Flashat,” the Flashat logos, the slogan and any other Flashat’ product or service name or slogan contained on the Services are trademarks of Flashat, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flashat or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Flashat'' or any other name, trademark or product or service name of Flashat without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Flashat and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Flashat or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Flashat logo or other proprietary graphic of Flashat to link to the Services without the express written permission of Flashat. Further, you may not use, frame or utilize framing techniques to enclose any Flashat trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Flashat’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Flashat or any third party.

Flashat makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party blog sites accessible via hyperlink or blog sites linking to the Services. Such sites are not under the control of Flashat and Flashat is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Flashat and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Flashat of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

Accounts Suspension

Flashat reserves the right, without any obligation, to remove or refuse to deliver any User Content on Flashat App, to suspend or terminate users, and to block participants of Flashat [CHAT] without liability to us, including where such User Content, in our sole discretion, violates our Code of Conduct or any Terms or policies or Guidelines or any additional terms, or that we otherwise find objectionable. 

[Chat] Option

Flashat allows users to follow Public Chats conducted on the Service. Public Chats are messages sent by any user to anonymous users through search feature, or messages posted in groups or public and or private Huddles of users who have a common interest or affiliation, and are chatting amongst themselves. In such and other cases, Flashat does not undertake to monitor Public Chats orother Groups or Huddles, and the content posted via [CHAT] option is not the responsibility of Flashat.

Cookies Notice

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently. 

Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.

Flashat is Not an Emergency Services

Flashat is not a replacement for your ordinary mobile phone service, and is not used to communicate with emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls when required.

Third Party Content

Flashat may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Flashat does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Flashat is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.

User Content and Conduct

The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the FTC rules regarding endorsements;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of Flashat, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Flashat or our users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features.

Flashat takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Flashat liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at Flashat’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although Flashat has no obligation to screen, edit or monitor User Content, Flashat reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a Flashat promotion), Flashat claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Flashat a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Flashat at the time you post or submit such content.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

System Abuse; Bulk Messaging

Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes). In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by Flashat, or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service.

You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Service

Warranty

Flashat services & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, Flashat expressly disclaims all warranties, whether express, implied or statutory, regarding our website or contents including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Flashat makes no warranty or representation that access to or operating our website or contents will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from Flashat website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Flashat, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

User Content Responsibilities

  1. Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
  2. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
  3. The Services may contain links or connections to third party websites or services that are not owned or controlled by Flashat. When you access third party websites or use third party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
  4. Flashat has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Flashat will not and cannot monitor, verify, censor or edit the content of any third party site or service.
  5. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
  6. If there is a dispute solely between participants on this site, or solely between users and a third party, you agree that Flashat is under no obligation to become involved.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Flashat, THE SERVICES AND Flashat MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Flashat DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. Flashat DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR Flashat MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE Flashat ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, Flashat CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

WITHOUT LIMITING THE FOREGOING, Flashat DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.

Limitation of Liability

IN NO EVENT SHALL FLASHAT, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE FLASHAT MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FLASHAT’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLASHAT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FLASHAT FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Ratings, Reviews and other User Feedback

Flashat enables you to generate ratings and reviews, photos, videos or other content about items and stores on the Marketplace Apps ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the items or the store. Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms.

Any use of the feedback system contrary to the foregoing paragraphs is prohibited. In particular, you are prohibited from including in Feedback information unrelated to the performance of the underlying item, store or contract or from using Feedback for any purpose other than the evaluation of the item or the store. If you abuse the feedback system, Flashat is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. This applies particularly if:

  1. Flashat is legally obliged to remove the Feedback, e.g. due to a court ruling
  2. the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements
  3. the Feedback contains personal data, e.g. name, address, telephone number and/or e-mail-address
  4. the Feedback contains inappropriate links or scripts, e.g. with harmful content
  5. the Feedback contains inappropriate advertising for third parties
  6. The Feedback for items contains irrelevant information not related to the item, e.g. customer service of the store, shipping of the item, or site usability issues.

Ratings and reviews and photos, videos or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by Flashat and do not represent the views of Flashat. Flashat does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.

Refunds, Exchanges and Related

We want you to be satisfied with your purchase on the Services. Therefore, in accordance with our Refund & Returns Policy, we offer you a special possibility for refunds and returns if you have a problem with our premium subscriptions or purchase. Please contact us as described in the Refund & Returns Policy 

Modifications to the Services

Flashat reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Flashat will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.

Electronic Communications

For contractual purposes, you (1) consent to receive communications from Flashat in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Flashat provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

Children’s Privacy Policy

Flashat respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide Flashat services to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian. 

No Reliance

You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind. 

Local Regulations

We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the Estonia or the country you reside in.

Data Protection and Privacy

By using Flashat, you agree to the collection, transfer, storage and use of your personal information by Flashat on servers located in Estonia as further described in our Privacy Notice. You and Flashat shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Flashat and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law. 

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. 

This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Flashat exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies). 

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

Reporting Violations

While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

Binding Arbitration of All Disputes; No Class Relief.

This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms (Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at official@flashat.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Flashat and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Flashat to resolve the Dispute on terms which either you or Flashat, in each of our sole discretion, are uncomfortable with.

If your dispute against Flashat involves a paid Flashat Service and we are unable to resolve it through dialogue (as described above), Flashat will Directive 2013/11/EU on Consumer Alternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be accessed at eu.europa.eu/odr. 

Our GDPR Obligations

We Undertake To:

  • Process the personal data within the services specified in this terms only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data; 
  • Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions; 
  • Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 
  • Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights; 
  • Assist You In Ensuring Compliance With The Obligations Pursuant To Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us; 
  • At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data; 
  • Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS. 

Sub-Processing

We shall engage third party processor (i. E. A sub-processor) only in accordance with this terms. The mechanism hereby stipulated shall be considered a general written authorization from you pursuant to article 28 par. 2 Of the GDPR. If we engage another processor for carrying out specific processing activities on your behalf, the same obligations as set out in this terms shall be imposed on that other processor by way of a written contract.

The sub-processors currently engaged by us and hereby authorized by you are listed in the privacy policy. We will inform you of any intended changes concerning the addition or replacement of other processors, including full details of the processing to be undertaken by the new processor(s), giving you the opportunity to object to such changes. 

If you have a reasonable basis to object to our use of another new processor, you shall notify us promptly in writing within 5 days after being notified. For the avoidance of doubt, you hereby agree that if you are not able to show evidence that the new processor provides an unacceptable risk to the protection of personal data (e.g., the other processor has a history of security breaches) or is your direct competitor, it would be unreasonable for you to object if the other processor has passed our vendor security evaluation. 

Notwithstanding the foregoing, if you object to the engagement of another processor and your objection is not unreasonable, the parties will come together in good faith to discuss an appropriate solution. We may in particular choose not use the intended processor, or engage Flashat the processor only after we take the corrective steps and / or measures requested by you.

Governing Law and Venue

This Agreement shall be governed and construed in all respects by the laws of Estonia. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Flashat both agree to submit to the non-exclusive jurisdiction of the laws of Estonia; for claims falling within the jurisdiction of an Estonia Court, you and Flashat both agree to submit to the jurisdiction of the laws of Estonia.

Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.

Termination

Flashat reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Copyright License

Copyright (c) 2020(s) of first publication Flashat Application. Subject to the express provisions of these terms and conditions:

  1. We, together with our licensors, own and control all the copyright and other intellectual property rights in Flashat website and the material on our website; and
  2. All the copyright and other intellectual property rights in Flashat website and the material on our website are reserved.

Contact Us

If you have any questions about these Terms & condition, please contact us at Email: official@flashat.com