Please read these terms and conditions carefully before using our Service (as defined below), and check them periodically for changes, as they constitute a legally binding agreement between you and Flyntlok Inc. and govern your use of our services (“Flyntlok Inc.”, “Our”, “Us” or “We”). ANY USE OF OUR PLATFORM, APPLICATIONS OR INTERFACES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH OUR WEBSITE OR APPLICATIONS (COLLECTIVELY AND TOGETHER WITH ANY ACCOMPANYING DOCUMENTATION, THE “SERVICE”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SERVICE OR THE SERVICE AND BY CLICKING THE “I AGREE” CHECKBOX YOU SIGNIFY YOUR CONSENT TO BE BOUND BYTHE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN US AND YOU, AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SERVICE. We may change the terms of this Agreement or the Service at any time(s) and in our sole discretion, upon providing you with notice on our platform, with a ten (10) day advance notice for users that registered at the Platform before such posting. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Service.
The Service is a cloud-based dealer managagement system on a software-as-a-service basis. The access and use of the Service and any content made available through the Service (the “Content”), is permitted only for your own use and only as long as you are in compliance with this Agreement. Flyntlok Inc. does not provide any financial advice to you or anyone on your behalf, nor may any information which may be found on the Service be considered as financial advice for any purpose whatsoever. IT IS HEREBY MADE CLEAR, THAT CONTENT PROVIDED THROUGH THE SERVICE IS NOT INTENDED TO BE USED AS FINANCIAL OR INVESTMENT ADVICE, NOR SHALL WE ACCEPT ANY LIABILITY OR ANY RESPONSIBILITY IN THIS REGARD AND/OR WITH RESPECT TO THE ACCURACY, COMPREHENSIVENESS, FITNESS, CREDIBILITY,CORRECTNESS OR DEPENDABLENESS OF THE CONTENT PROVIDED ON THE SERVICE. IT IS YOUR RESPONSIBILITY TO ANY AND ALL INDEPENDENT INQUIRIES AND CONSULTING AS YOU DEEM FIT, PRIOR TO MAKING ANY BUSINESS OR FINANCIAL DECISIONS. Portions of the Service may be subject to other agreements and policies contained in the Service which relate to a particular service or activity conducted through the Service, in addition to this Agreement. If conflicts exist between them and this Agreement, this Agreement shall govern unless such other agreement expressly state that they govern over this Agreement. We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse service or terminate the Service at any time, and may immediately suspend or terminate your account(if any) and block any and all current or future access to and use of the Service (or any portion thereof),without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated this Agreement or infringed the rights of others or any applicable laws or regulations. You may cancel your use of the Service or terminate your account with Flyntlok Inc. at any time and for any or no reason by providing written notice to Us at info@flyntlok.com. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account (although residual copies of information may remain in our system).You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including changing the fee for the use of certain services, upon providing you with notice. In addition, we may, from time to time, perform Service maintenance resulting in interrupted service, delays or errors in the Service. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee.
Access to any part of the Service is available only to registered users. As part of the registration process you may be requested to sign in to our Service with your Intuit Inc. account and/or any other alternative accounting platforms that we collaborate with (together, our “Partners”), following which the Service shall extract and use certain personal information for creating your personal user account and database required for the operation of the Service, including among others, name, address and email address, telephone number, lists of clients and vendors and additional financial and business information. When you sync your Intuit account with Flyntlok Inc. (or any other supported platform), we shall collect with your contact information, including Personal Data from such platform. You declare that by providing your Personal Data to Us, you consent to Us sending and you receiving, by means of telephone, SMS, push notifications or e-mail, communications containing content of a commercial nature relating to the Service and related services. To the extent that you are not interested in receiving such communications, you can either edit your e-mail preference management page or ask to be removed from our mailing list at any time by following the directions that shall be sent to your mailbox and/or mobile phone by Us or alternatively by contacting Us at: info@flyntlok.com.
The Service is licensed on a monthly subscription basis according to the plan that you purchased. The Service is provided to you only if you hold a valid renewable subscription to the Service.
You may notify us if you want to cancel the subscription prior to the beginning of the new subscription period. No refunds or credits for any paid Subscription Fees or other fees or payments will be provided to you if you select to terminate your subscription to the Service prior to the end of your subscription term. The Subscription Fees do not include any taxes, levies, duties or similar governmental assessments of any kind (excluding taxes based on Our income, property and employees). You shall be responsible for paying any and all of such taxes associated with your use of the Service hereunder.
We hereby grant you, limited, non-exclusive, non-transferable, non-sub licensable limited license to use the Service subject to the terms of this Agreement. Without limiting the foregoing you may not, directly or indirectly:
(1)You warrant and represent that you are the authorized representative of your organization and have the have all necessary right, power and authority to enter into and perform under this Agreement.(2) In connection with any Content that you provide to Us or insert or post on or through the Service (each, a ”Submission”) and in addition to other agreements and policies contained in the Service, you agree (i) to use the Service in accordance with all applicable local, state, federal, national and international laws and regulations, and (ii) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service.(3) You are entirely responsible for all your Submissions and the consequences of inserting or publishing(4) When used in conjunction with other third party services, including in conjunction with out Partners’ services, you shall be responsible for complying with the terms of service of such third party services. We shall not be liable for any termination, breach of terms or suspension of service resulting from your use of 3.
Certain information about you, including among others your Personal Data, is subject to our Privacy Policy at www.flyntlok.com/privacypolicy. By accessing this Service, you consent to the collection and use of information as described in our Privacy Policy, as may be amended by Us from time to time.
The Service and any part thereof, except for your Personal Data, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Service and its derivative works not expressly granted herein are reserved by Us. In addition, We retain all rights to aggregated anonymous data derived from your use of the Service, with the understanding that such data will not be identifiable as belonging to or emanating from you.We make no claim of ownership as to the trademarks of any of our Partners, or with respect to any publisher or publication mentioned on this Service.In the course of using the Service, you or your end-users may provide Us with feedback and suggestions regarding the Service. You hereby assign to Us ownership in all such feedback and suggestions and all rights therein, without any royalty or accounting obligations to you.
The Service contains links and references to platforms and applications of others, including of our Partners.We may, from time to time, at our sole discretion, add or remove links. These links are provided solely as a convenience to you, and access to any such web platforms or applications is at your own risk. We encourage you to be aware when you leave the Service, and to read the terms and conditions and privacy policy of each other platforms and applications that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such platforms or applications. In no event will we be responsible for the information contained in, transmissions received from or your use of or inability to use, such platforms or applications, or their practices. You expressly relieve us from any and all liability arising from your use of any third-party platform or application, including with respect to our Partners’ platforms.
It is hereby made clear that Flyntlok Inc. is not required to give further support to the users of the Service, and that such support may be provided at Flyntlok Inc.’s sole discretion.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THIS SERVICE OR THE CONTENT MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II)WHETHER YOUR USE OR RELIANCE OF THIS SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS,AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE OF SUCH RESULTS OF CONSEQUENCES, OR IN CONNECTION WITH SUBMISSIONS OR PREVENTION OF UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.YOUR USE OF THIS SERVICE, AND ANY ACTION OR INACTION BY YOU OR ANY OTHER USERS OF THE SAME ACCOUNT OF THE SERViCE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES AND FOR OBTAINING ANY REQUIRED PROFESSIONAL CONSULTATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY(I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SERVICE(INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AND/OR PREDICTIONS AND/OR FORECASTS GENERATED OR CAUSED AS A RESULT OF ACCESSING THIS SERVICE), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS,WARRANTIES, ACTIONS OR IN ACTIONS OF ANY USER OR PARTNER OR OTHER THIRD PARTY (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE, AND INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE LEVEL OF SERVICE PROVIDED); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS AND/OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE NET REVENUE ACTUALLY RECEIVED BY US FROM YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM. ALL OF THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING. ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES.
Any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND,WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TOOR RELIANCE ON THIS SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION OUR ACTIONS OR OMISSIONS WHILE PROVIDING THE SERVICES (EXCEPT FOR OUR BREACH OFTHE AGREEMENT AS A RESULT OF WILLFUL MISCONDUCT OR FRAUD ON OUR PART); (II)ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (II) ANY DEFECTIVE,CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION FILES, VIRUSES, WORMS OR TROJAN HORSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; OR (III)ANY ACTIVITY RELATED TO YOUR ACCOUNT, BE IT BY YOU OR BY ANY OTHER USER UNDER YOUR ACCOUNT OR OTHER PERSON ACCESSING YOUR ACCOUNT WITH OR We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
If you believe that any material contained on this Service infringes your copyright, please report this to us. We will investigate any report in accordance with our Copyright and Content Policy at18. Term and Termination of the Agreement.
This Agreement commences on the date you first accept it and continues until all subscriptions hereunderEither of us may terminate this Agreement if the other party (i) materially breached this Agreement and has not cured such breach within seven (7) days after receiving notice (if curable), without derogating from any other right or remedy by law, equity or otherwise, or (ii) becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Upon termination or expiration of this Agreement; (a) you shall cease use of the Service and all6rights granted to you under this Agreement shall terminate; (b) we shall make your Content and Confidential Information available to be downloaded by you for a 14 day period following such termination and thereafter reserve the right to delete any of your Content, and (c) Sections 5, 7, 9 and 11 through 20 shall survive We reserve the right, in Our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice orIn the event of a termination due to uncured breach by Us pursuant to this Section 13, we will refund the remaining Subscription Fees until the end of your subscription period.
This Agreement and our rules and policies in this Service, including without limitation pour Privacy Policy, comprise the entire agreement between you and Us, state our and our suppliers’ and Partners entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to thisAgreement’s and such rules’ and policies’ and license agreement’s subject matter. If any provision(s) of thisAgreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in thisAgreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Service or the Service.
We will not be deemed to be in breach of this Agreement for any failure caused by reasons beyond our reasonable control (including without limitation acts of god, war or civil disturbance), and it shall notify the other party as soon as practicable in writing of such failure.
