Terms of use
Effective Date: October 11, 2018

The Fleep messenger service (referred to as the “Service”) as provided via Fleep.io website and software applications are run by Fleep Technologies OÜ, a private limited company registered in the Republic of Estonia under registration number 12373841 (hereinafter referred also as „Fleep“, „us“, „we“), registered address Akadeemia tee 21/4, Tallinn, Estonia.

By registering an account or using the Service you acknowledge that you have read, understood, and agree to be bound by these terms (“Terms”).

If you have any questions, please contact us at hello@fleep.io.         

REGISTERING THE USER ACCOUNT

To use the Service, you must register a Fleep account by completing the registration process. By registering an account on the Service, you agree:

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are registering with the Service as a business entity, you represent that you have the authority to legally bind that entity.

YOUR RESTRICTIONS AND OBLIGATIONS

When using the Service, you must not do any of the following:

You agree not to reproduce, duplicate, copy, sell or resell any portion of the Service without express written permission by us.

You agree to compensate Fleep for any damages, including consequential damages, we, our affiliates, partners or personnel may incur as a result of a breach of the foregoing representations and obligations.

        

INTELLECTUAL PROPERTY OF FLEEP

All copyrights and any other intellectual property rights related to Service shall remain the sole and exclusive property of Fleep and you shall have no claim to in insofar as not stated differently herein.

Fleep grants you personal, non-exclusive, time-limited, non-transferable, non-licensable and irrevocable license to use our Service, for so long as you comply with the Terms. All rights not expressly granted in the Terms are reserved. You may use Fleep’s content on the Service only in connection with the Service.

Fleep may at all times and without prior notice, make functional, procedural, technical or any changes or improvements to the Service. Fleep is under no circumstances obliged to maintain, adjust or add any specific functionality to the Service.

The Fleep logo depicted in the Service is trademarked and its rights belong to us. We give no permission for the use of these trade mark, and such use may constitute an infringement of our rights.

USER GENERATED CONTENT

In these Terms, your user content („User Content“) shall mean material that you submit within the Service, for whatever purpose including text, images, audio material, video material and audio-visual material  and any other form of media generated and posted via the Service.

By contributing User Content to the Service, you grant Fleep a royalty-free, nonexclusive right to reproduce, use, index, store and distribute the User Content to the extent necessary for providing the Service. This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. For avoidance of confusion, Fleep will not obtain proprietary (ownership) rights in regard of any User Content you create or distribute via Fleep.

You undertake not to publish, upload or transmit any User Content which violates law and/or any third party’s legal rights, or which is of an insulting or discriminatory nature. This applies in particular to:

You acknowledge that the User Content published on the Service is submitted by other users, and that we do not monitor, review, approve or edit such information. We assume no liability for the User Content generated and transmitted via the Service.

SUSPENSION AND TERMINATION OF ACCESS TO FLEEP

Without prejudice to our other rights under these Terms, if your activity is disrupting, causing harm to the Service infrastructure or third parties, or otherwise violate the Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

Fleep has also full discretion to refrain from providing Service to any user as it sees fit.

LIMITATION OF LIABILITY

Our Service is provided on an “as is” basis and, other than expressly set out in the Terms, without warranties of any kind. Although we are striving to provide you as quality service as possible, we do not warrant that our Service will be error-free, uninterrupted or available at all times.

Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, Fleep or our affiliates, board members, employees, partners and agents, are not liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of the Service. To the maximum extent permitted by applicable law, Fleep and our affiliates, board members, employees, suppliers and partners will not be liable for any damages that exceed the total amounts you have paid for the Service, or 1000 €, whichever is higher.

We assume no liability for non-operability or impaired accessibility to the Service due to, but without limitation to, technical difficulties or dependence on the Service of the third parties.

You are solely responsible for creating backup copies of any of the User Content that you submit to Fleep.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so in such jurisdictions the above limitations or exclusions may not apply. In such case, our liability will be limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Fleep and our employees, contractors, agents and board members, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Website and/or the Service.

FLEEP FOR BUSINESS

Fleep for Business enables companies and organizations (“Organizations”) to use additional Service  functionalities, such as extended file storage space, administrative control over accounts and conversations against payment of a fee.

Premium Accounts

Under Fleep for Business service the Organization administrators can invite existing Fleep accounts or create new user accounts which are exclusively owned and controlled by the Organization („Premium Accounts“).

Once an existing or new account is added to the Organization’s Fleep for Business subscription, the Organization will obtain ownership and control of the account. The Organization will obtain the following rights in regard of the user accounts:

The above rights are granted for enabling Organization sufficient control over the communication related to its business. The organization undertakes not to use its control rights granted in Fleep for Business to access, publish or exploit any personal communication of the users.

The Organization shall be jointly and severally liable with the factual user for any breach of these Terms carried out via the user account which has been added to Fleep for Business.

Upon transferring the account back to the user, the Organization shall cease to have any access rights to or control over the account. At any time prior to transferring the user account back to the user, the Organization has the right to restrict user access to any Premium Conversations and the history of such conversations.

Premium Conversations

Under Fleep for Business service the Premium Accounts can convert existing Fleep conversations or create new conversations which are exclusively owned and controlled by the Organization („Premium Conversations“).

Among else, this entitles the Organization to (i) determine access rights of users to Premium Conversations, (ii) access and/or delete any messages posted in the Premium Conversations, (iii) remove users from Premium Conversation, (iv) grant users administrative control within a Premium Conversation.

Subscription Conditions of Fleep for Business

Fleep may provide a free trial of the Fleep for Business, which does not incur any monetary obligations. After the free trial the Organization has full discretion to choose whether to subscribe for the Fleep for Business service.

The fee for Fleep for Business is disclosed on the Service or agreed separately, depending on the package subscribed for. Fleep for Business Service will be charged in advance either monthly or annually until the cancellation of the subscription plan. Discounts or other special payments and charging conditions may be applied.

Payments can be made with credit card as instructed on the Service. Fleep may add additional payment means in the future. Credit card payments shall be automatically deducted on the due date of each subscription period, as disclosed in the user settings.

If, for any reason, a credit card payment for the upcoming subscription period does not go through or, in case of other means of payment, the subscription fee due is not paid, Fleep may terminate the access to Fleep for Business, until the appropriate payment has been made.

The subscription shall remain in force until cancelled either by the Organization or Fleep. The Organization may cancel the subscription at any time via the Service. The cancellation will take effect upon expiration of the period for which the payment has already been made. For avoidance of confusion, Fleep shall not be obliged to refund any fees in regard of the subscription periods for which the payment has already been made.

Fleep may cancel Organization’s subscription and access to the Fleep for Business at any time by giving a fourteen-days prior notice. In such case Fleep shall refund to the Organization the subscription fee for the unused period. No prior notice is necessary and the Organization shall not have the right to any refund if Fleep cancels Organization’s subscription and access to Fleep for Business due to its breach of these Terms.

THIRD PARTY WEBSITES

Our Service may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

SEVERABILITY

If any of the provisions of the Terms proves to be void or voidable, or is or becomes invalid in full or in part for any other reason, the remaining provisions of the Terms will continue to apply in full. We will replace the invalid stipulation by a stipulation that is valid and whose legal consequences, in view of the substance and purpose of the Terms, correspond as much as possible to those of the invalid stipulation.

NO WAIVER

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

CHANGES

We reserve the right, at our sole discretion, to make changes to the Terms at any time. If a revision is material we will provide at least 14 day’s notice on the Service or via e-mail prior to any new terms taking effect. By using our Service after those revisions become effective, you agree to be bound by the revised Terms.

ENTIRE AGREEMENT

These Terms, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Service, and supersede all previous agreements in respect of your use of the Service.        

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Republic of Estonia, without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related to Service shall be brought exclusively to courts located in Tallinn, Estonia and you consent to the exclusive jurisdiction of such courts.

DISPUTES

In case of any questions or if you wish to submit a complaint, please contact us.  

If you use our Service as a natural person, are an EU citizen and wish to submit a complaint about the Service, you may also submit the complaint via the EU online dispute resolution platform, which can be accessed here. Information on the proceedings can be also found on the foregoing webpage.

OUR DETAILS

The full name of our company is Fleep Technologies OÜ.

Our registered address is Akadeemia tee 21/4, Tallinn, Estonia

You can contact us by email to hello@fleep.io.

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