Agreement to these Terms
- These Terms of Service (“Terms”) constitute a binding Agreement between you as the User of Flawless services provided via the website “FlawlessApp.io”, (“Website”) including macOS application and other software (hereinafter collectively referred to as “Services”) and the private entrepreneur Ahmed Sulaiman, Identification Code according to the USREOU: 3492405273 (hereinafter referred to as “Flawless”). In this Terms of Service, “we”, “us”, “our” and other similar references mean Flawless and “you”, “your” and other similar references mean any particular User of the Service.
- If you want to become User of our Services, you should read these Terms carefully and accept them before using the Services.If you do not agree with these Terms, please do not use our Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to the Terms of Service
- We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications.
- If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change the terms of provision of Services as well as discontinue the provision of all or of any part of the Services at any time, for any reason, and without notice, at our sole discretion.
- The Flawless may, at its sole discretion, grant you a Trial License or a Personal License.
- If you have not purchased or otherwise rightfully obtained a Personal License for the Services, the Trial License Terms are applicable to your use of the Services. The Trial License Terms are also applicable to any usage of the Flawless Services by you that is not covered under any other licenses you may have.
- The Personal License Terms apply if you have a Personal License.
Trial License Terms
- Flawless grants you a non-exclusive license to use the Services for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. The Services may be used for a period of 7 calendar days from the time of activation. Upon lapse of such trial period all of or part of the functionality of the Services will be disabled automatically.
- If you wish to use the Services after the trial period, you must purchase a Personal License.
Personal License Terms
- Flawless grants you a non-exclusive license to use the Services, only in accordance with the terms and conditions set forth herein. This License grants you the right to activate and use the Services on no more than 2 computers primarily used by you. Use of the Services under this license may be for both commercial and non-commercial purposes.
- We welcome feedbacks, comments and suggestions for improvements to the Services (“Feedback”) by emailing us at email@example.com. As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all rights, title and interest (including all Intellectual Property Rights) in and to the Feedback as well as in and to all alterations or enhancements of any kind made to the Services suggested or implied by the Feedback. “Intellectual Property Right(s)” shall mean any rights, including proprietary and moral (non-proprietary) rights, whether registered or unregistered, legal or beneficial, in intellectual property, including the right to use, license, publish and sell such intellectual property without limitations, permit, prohibit and prevent the same for third parties, and transfer (sell, assign, grant) any and all of these rights to third parties.
- You transfers these rights to Flawless in perpetuity and immediately following the submission of the Feedback to Flawless.
- You cannot claim any ownership and seek any remuneration or royalties/for the use of your Feedback in order to make any kind of alterations and enhancements to the Services as well as for the use of such altered and enhanced Services.
- To revoke the grant of such right, you need to email firstname.lastname@example.org stating that you do not wish your logo is used as a reference.
- You agree not to do any of the following:
- Display, distribute, perform, publish, reproduce, duplicate, copy or mirror, create derivative works from, modify, sublicense, sell, resell, rent, lease, transfer, assign, frame the Services, or any individual element within the Services, Flawless’ name, any Flawless trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Flawless’ express written consent. You shall comply with any codes of conduct, policies or other notices we provide you or publishes in connection with the Service, and you shall promptly notify us if you learn of a security breach related to the Service.
- Access, tamper with, or use non-public areas of the Services, Flawless’ computer systems, or the technical delivery systems of Flawless’ providers;
- Attempt to probe, scan or test the vulnerability of any Flawless system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Flawless or any of Flawless providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Flawless or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Flawless trademark, logo URL or product name without Flawless` express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer or in any way attempt to derive the source code of any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Sublicense, rent, lease, sublicense or lend any portion of the Service or Documentation;
- Encourage or enable any other individual to do any of the foregoing.
- Although we are not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to and Integration with Third Party Websites or Resources
- The Services may contain links to third-party websites or resources and may offer integration with such third-party websites or services. We provide these links and integration functions only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites.
- You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third-party websites or resources.
- We reserve the right to terminate any license, owner of which violate Terms of Service by receiving abuse complaints higher than allowed, without refund.
- Flawless will not issue refunds for unused Services or cancellations. Cancellation must be issued via the email email@example.com.
Chargeback / Refund Policy
- Services are offered with a free, fully functional 1 week trial to assess its features and functionality. All sales are final. Flawless will not, under any circumstances, issue cash refunds for cancellations. If you have a question about charges made to you or if there has been an administrative error in your order, please contact us immediately via the email firstname.lastname@example.org.
- You understand and agree that the Services, including the site, macOS application and software, and all server and network components are provided «as is» without any warranty. Without prejudice to the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement or bailment of your data on Flawless' servers.
- The User agrees that he/she uses the Software is his/her own risk. Flawless does not warrant the accuracy and completeness of the available information. Flawless does not warrant that the operation with Services will be uninterrupted, error-free, or without malicious programs or other defects.
- We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free or virus-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness. You also acknowledge that we do not warrant that the Service will be make any warranty as to the results that may be obtained from use of the Service, and no information, advice or services obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.
- Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
- If the User is not satisfied with the conditions and/or quality of the Services, he/she must stop using it. Using of the Service shall mean that the User has no claims against the Flawless.
- You will indemnify and hold harmless Flawless and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
Limitation of Liability
- Neither Flawless nor any other party involved in creating, producing, or delivering the services or software will be liable for any indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services, whether based on warranty, contract, tort (including but not limited to negligence), product liability or any other legal theory, and whether or not Flawless has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- In no event will Flawless’ total liability arising out of or in connection with these Terms, any dispute in relation to intellectual property rights in a design or from the use of or inability to use the services shall exceed the amounts you have paid to Flawless for use of the services, or if you have not paid any such amounts, one hundred united states dollars ($100)
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Flawless and you.
- These Terms constitute the entire and exclusive understanding and agreement between Flawless and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Flawless and you regarding the Services.
- Without prejudice to paragraph 10.3., these Terms shall remain in force until terminated by Flawless or by the User pursuant to paragraphs 10.1., 10.2.
- If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without Flawless’ prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Flawless may freely assign or transfer its rights or obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Any notices or other communications provided by Flawless under these Terms, including those regarding modifications to these Terms, will be given by Flawless: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Flawless’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.