Terms of use

1. Introduction

These terms of use (“Agreement”) govern your use of Fleep.io website, services, software and mobile applications (referred to as the “Service”) made available by Fleep Technologies OÜ (“Company”); by using our Service, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our Service.

You must be at least 18 years of age to use our Service. By using our Service and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

Our Service uses cookies. By using our Service and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. Licence to use Service

Unless otherwise stated, we or our licensors own the intellectual property rights in the Service and material on the Service. Subject to the licence below, all these intellectual property rights are reserved.

3. Acceptable use

You must not use our Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Service without our express written consent.

4. Registered users

Access to Service is restricted to registered users.

In order to become a registered user, you need to register and create an account.

You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

Registered users must keep their usernames and passwords confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You are responsible for any activity on our Service arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's username and password to access our Service.

We may disable usernames and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

5. User generated content

In these terms of use, “your user content” (“Content”) means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our Service, for whatever purpose.

In order for us to provide the Service to you, you grant us rights to use, transmit, store, copy, publish, index and distribute your Content, only for the purpose of providing the Service (and for no other purpose). 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.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our Service) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic;

(n) constitute spam;

(o) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our Service to link to any Service or web page consisting of or containing material that would, were it posted on our Service, breach the provisions of these terms of use.

You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our Service, or stored on our servers, or hosted or published upon our Service.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Service.

6. Limited warranties

You acknowledge that information published on this Service is submitted by users, and that we do not review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this Service; nor do we commit to ensuring that the Service remains available or that the material on the Service is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Service and the use of this Service (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

7. Limitations and exclusions of liability

Nothing in these terms of use will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;

(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or

(d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Service or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

8. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

9. Apple Device and application licence and terms

If you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a Company application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:

(a) Both you and Company acknowledge that this Agreement is concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) The Application is licenced to you on a limited, non-exclusive, non- transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;

(c) You will only use the Application in connection with an Apple device that you own or control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

10. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the Service;

(c) permanently prohibit you from accessing the Service;

(d) block computers using your IP address from accessing the Service;

(e) contact your internet services provider and request that they block your access to the Service;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) suspend and/or delete your account with the Service; and/or

(h) delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our Service or a part of our Service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Third party websites

Our Service includes 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.

12. Trade marks

Fleep logo is trade mark belonging to us. We give no permission for the use of these trade mark, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our Service are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

13. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our Service from the date of the publication of the revised terms of use on our Service. Please check this page regularly to ensure you are familiar with the current version.

14. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

15. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

17. Entire agreement

These terms of use, 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 this Service.

18. Law and jurisdiction

These terms of use will be governed by and construed in accordance with Estonian law, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of Estonia.

19. Our details

The full name of our company is Fleep Technologies OÜ.

Our registered address is Mäealuse 2/1, Tallinn, Estonia.

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

Effective: May 28, 2015.