Fleeq Terms of service

1. Introduction

Your use of the fleeq platform, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”)

If you register on behalf of a business, you represent to Fleeq that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

Changes and Modifications.
Fleeq may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, fleeq grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites. The Service may contain links to or allow you to interact with and make use of other independent third-party websites, products or services (“Third-Party Sites, Products and Services”). Access to Third-Party Sites, Products and Services is provided solely as a convenience to our visitors. Such Third-Party Sites, Products and Services are not under Fleeq’s control and Fleeq does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider’s terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You will need to make your own independent judgment regarding your use of and interaction with any Third-Party Sites, Products and Services. You acknowledge and agree that Fleeq is not responsible for the availability of any Third-Party Sites, Products and Services and that Fleeq shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with you use of or interaction with any Third-Party Sites, Products and Services.

2. Description of Service

General Description. The Fleeq Service is a live video tool for visualization and storytelling without actual video footage. The Service combines images, video footage, animation and audio to create a live HTML5 page that looks and acts like a video.

3. Conditions of Use and User Conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:

4. Age Restrictions on Use of the Service

Users must be at least 13 years old. Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your Fleeq account, or otherwise interact with the Service. Fleeq will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Fleeq knows is under 13 years of age. If Fleeq discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Fleeq will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize a Fleeq account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.

5. User Content & Options

5.1 GENERAL

Fleeq offers a number of ways to share, or not share, your online HTML videos with others.

Fleeq Public videos. If you have a Fleeq account, all of the content you create (unless defined otherwise), including all of the information within your video, will be available to anyone who has access to the internet (“Public User Content”). Public video can be viewed by anyone, and will be available for others to access and view online. Accordingly, you hereby do and shall grant to each User and to the public a worldwide, non-exclusive, revocable license to access, view and publicly perform your Public User Content. This license ends when you delete or disable access to the video or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Paid Fleeq Accounts. If you are making use of the Service to display or edit Private User Content, you can choose to make your content Public User Content, or Private User Content.  HTML videos (fleeqs) designated as Private User Content, will not be available to the public. Rather, they will be available to you, and to those Fleeq users with whom you have chosen to share the content. You may invite one or more people (a “Viewer”) to view your video by sending them a “share” link. You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive, revocable license to access, view and publicly perform your Private User Content. This license ends when you delete the video or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Fleeq for Teams Accounts. If your account is part of a Fleeq for Teams account, your account is subject to the terms and conditions of the agreement between Fleeq and the owner of the Fleeq account/team, i.e. the entity (the “Team Administrator”) that is financially responsible for any fees associated with the Fleeq account belonging to that entity and which assigned your Fleeq access. Those terms may be in addition to or different from the terms and conditions in this Agreement. Please note that the Team Administrator controls your access for those specific teams in his account and may, among other things:

Please ask your Team Administrator about the specific conditions applicable to your fleeq access for those teams. You hereby do and shall grant to the Team Administrator a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Public User Content or Private User Content of your Fleeq team account. This license ends when you delete the HTML video or your Fleeq account is closed (either by you, the Team Administrator or by us), except to the extent that the content has been shared with others and they have not deleted it.

5.2 LICENSES

In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.

With respect to Private User Content, you hereby do and shall grant to Fleeq (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your HTML video, with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content for three years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content indefinitely.

With respect to Public User Content, you hereby do and shall grant to Fleeq (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your HTML videos (including the public), with the Service; This license ends when you delete your Public User Content or your account is closed (either by you or by us), except (i) to the extent that your Public User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Public User Content indefinitely.

Regardless of whether you designate content public or private, Fleeq makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

5.3 EXPIRATION AND REVOCABILITY OF LICENSES

Fleeq makes it easy for users with qualified accounts to change an HTML video public/private, and “allow reuse” status at any time.

However, uses made of your video or the underlying User Content, are subject to the licenses that were in place at the time such use was originally made by the person or entity who originally made the use. For example, licensed uses of Public User Content, or content that allows reuse, may continue to be made after such content is designated Private User Content, by those users who previously used the content under the prior license.

5.4 THIRD-PARTY CONTENT

Fleeq gives you the option, when creating or editing a video, to search for and insert third party content, such as images, into your board. Such third party content is subject to certain license terms. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of the video. You agree to review and comply with the license terms applicable to any third party content in your video.

6. Payment Terms

6.1 PAYMENT FOR SUBSCRIPTION

You agree to pay the then-current fee for the account type (e.g., Business, custom, or the like) you have selected. If your account began with a free trial, the current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you initiate the new plan. If your account did not begin with a free trial, the current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you signed up and then every 30 or 365 days after (depending on the billing cycle which applies to your account). Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.

6.3 CANCELLATION OF SUBSCRIPTION

Payment for subscriptions is non-refundable. If you cancel your reoccurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

6.4 TERMINATION

If your payment method is invalid or rejected for any reason and a free Fleeq Public version of your paid Fleeq account is available, your paid Fleeq account will revert to the free public account version and will be subject to the limitations of a free public account; provided, however, that Fleeq reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a public account.

If your payment method is invalid or rejected for any reason and a free Fleeq Public version of your paid Fleeq account is not available, your paid account will be terminated. If your paid Fleeq account began with a free trial and you do not purchase a subscription to the same or an upgraded version of those services before the end of the trial period, your Fleeq account will either automatically terminate at the end of the trial period or move to a free account. If your paid Fleeq account is terminated for any reason or expires, any content you entered into the Service, and any customizations made to the Service by or for you, which are associated with your paid Fleeq account will be deleted.

7. Intellectual Property Infringement, Warranties

If you believe that Fleeq, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at support@fleeq.io.

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Fleeq the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

8. Fleeq Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (i.e “Fleeq Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Fleeq Content, contained on the Service is owned, controlled, or licensed by or to Fleeq.

9. Termination; Breach of this Agreement

You agree that Fleeq may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Fleeq’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties. Fleeq will grant you a pro rata refund of any subscription fees only in case Fleeq terminates your account without cause.

If Fleeq takes any legal action against you as a result of your breach of this Agreement, Fleeq will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Fleeq.

10. Disclaimer of Warranties

While Fleeq attempts to make User Content available through the Service, Fleeq does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Fleeq will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLEEQ AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “FLEEQ AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. FLEEQ AND THE FLEEQ AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEEQ, THE FLEEQ AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

11. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEEQ AND THE FLEEQ AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT FLEEQ MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLEEQ, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT FLEEQ AND THE FLEEQ AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, FLEEQ AND/OR THE FLEEQ AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Please Review videos For Appropriate Content Before Use

Fleeq has not reviewed the HTML videos featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the videos featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Fleeq is not responsible for the content of any HTML video on the Service. If you find any content on the Service that you believe is objectionable, or that violates Fleeq’s terms of use or conduct guidelines, please feel free to notify us at support@fleeq.io.

14. Indemnification

You agree to indemnify and hold Fleeq and/or the Fleeq Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Fleeq and/or the Fleeq Affiliates in connection with any claim arising out of your breach of the Agreement. Fleeq reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

15. General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Fleeq. It governs your use of the Service and completely replaces any prior agreements between you and Fleeq with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Fleeq.

Governing Law. The laws of the state of Israel, will apply to any disputes arising out of or relating to these terms or the Fleeq Service.

Dispute Resolution. Any dispute arising out of or relating to these terms or the Fleeq Service shall be submitted exclusively to confidential binding arbitration in Tel aviv, ISrael, except that to the extent you have in any manner violated or threatened to violate Fleeq’s intellectual property rights, we may seek injunctive or other appropriate relief in any city or country. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Israel. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.

If the above arbitration clause is not permitted by the mandatory laws of your jurisdiction, you agree that any dispute relating to the Fleeq Service will be brought in the courts having jurisdiction in Israel, except to the extent that a mandatory law requires the dispute to be resolved before ordinary courts in your jurisdiction. Statute of Limitations. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Fleeq does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Fleeq may assign or delegate some or all of its rights and obligations under this Agreement.

16. How to contact us.

You may contact us by email: support@fleeq.io