Effective Date: 25 May 2018
These Terms of Service set forth the legally binding terms and conditions for your use of the Services.
By “signing up”, you or the company or entity that you represent (“you,” “your,” “yours” or “customer”) are consenting to be bound by and are becoming a party to these Terms of Service. You are also representing and warranting that the individual signing up is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services shall also constitute assent to the terms of these Terms of Service. If you are using the services on behalf of a company or other entity, then all references to “you” or “your” herein shall refer to both the individual and the entity.
If you do not unconditionally agree to all of the terms of these Terms of Service, you will have no right to use the Services (and you should immediately cease all such use).
Acceptance of Terms of Service
Certain use of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services who use the Flybits Platform and/or Services in any capacity. Please note that if you have executed a separate written agreement with Flybits regarding your use of our Services, then that agreement applies to those Services and supersedes the Terms of Service.
Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Restrictions on Use the Services
Representations and Warranties
Third Party Services
Definition of Confidential Information
Protection of Confidential Information
THE FLYBITS PLATFORM AND/OR SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Flybits, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE FLYBITS PLATFORM AND/OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE FLYBITS PLATFORM AND/OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AT ALL TIMES; CUSTOMER’S USE OF THE FLYBITS PLATFORM AND/OR SERVICES IS SOLELY AT CUSTOMER’S OWN RISK.
Flybits will defend Customer against any claim, demand, suit or proceeding (“Claim”) made or brought against Customer by a third party alleging that Customer’s use of the Flybits Platform and/or Services provided hereunder in accordance with these Terms of Service infringes or misappropriates such third party’s intellectual property rights, and will indemnify and hold harmless Customer from any damages, attorney fees and costs finally awarded to such third parties as a result of, or for any amounts paid by Flybits under a settlement of, such Claim made in accordance with the terms of this Section. The foregoing obligations do not apply with respect to any Claim based on or arising from (i) the Flybits Platform and/or Services or Flybits Platform and/or Services or portions or components thereof (A) used not strictly in accordance with these Terms of Service or in an environment or on a platform or with devices for which it was not designed or contemplated; (B) made in whole or in part in accordance with Customer specifications; (C) modified, altered or enhanced by a party other than Flybits or (D) combined with other products, services, processes, content or materials not supplied by Flybits where the alleged infringement would not have occurred without such combination. The foregoing obligations also do not apply to (E) any continuing allegedly infringing activity after being notified thereof or provided modifications that would have avoided the alleged infringement, or (F) any Claims based on or arising out of Customer’s, Customer’s Affiliates, or Customer’s Users breach of these Terms of Service or an applicable Order Form. Any claim for indemnification under this Section 10.b. requires that Customer (i) promptly give the Flybits written notice of the Claim; (ii) give Flybits sole control of the defense and settlement of the Claim, and (iii) give Flybits all reasonable assistance. In the event that the Content is held by a court of competent jurisdiction or reasonably believed by Flybits to constitute an infringement of a third party’s intellectual property rights, Flybits may at its option (a) modify the infringing portion of the Content so that it is non-infringing; (b) procure for Customer sufficient rights to continue to exercise its rights under these Terms of Service; or (c) terminate these Terms of Services, and/or any Order Forms and Customer’s access to the Flybits Platform and/or Services. This Section represents the sole right and remedy available to Customer if the Flybits Platform and/or Services or Content infringe the intellectual property rights of a third party.
Limitation of Liability
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org. Customer acknowledges and agrees that Flybits may occasionally send notices to Customer regarding Customer’s Account or the Flybits Platform and/or Services via email or via the Flybits Platform and/or Services.
Flybits commits to being GDPR compliant. If you have any further questions regarding the data Flybits collects, or how we use it, then please feel free to contact us by email at: legal@Flybits.com.
Flybits has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address: email@example.com