Terms of Use

Welcome to Flareify, We provide services available at our Website (the “Site”) Flareify to you (“you” or “User”).

By using this Site, the services available at this Site, and any service, Digital Marketing, Branding, Software Development, Mobile application development from Flareify (together, the "Services"), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services. Please read them carefully before using this Site or the Services. Should you have any questions concerning this Agreement, please contact support@flareify.com

By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.

A. YOUR REGISTRATION OBLIGATIONS.

To obtain and use the Services, you will be required to register with Flareify by completing a registration form and designating a user ID and password. When registering with Flareify you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data'') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Flareify of any unauthorized use of your user ID or password or any other breach of security. Flareify cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

B. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with Flareify, you understand that we may send you communications or data from Flareify regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Flareify’s services, via electronic mail. We allow you to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

C. USER CONDUCT/ACCEPTABLE USE POLICY.

Unauthorized use of the Flareify service without our prior written consent, is expressly prohibited. This website, including all of the software and code comprising or used to operate this website, and all of the photographs, graphic images, audio, video, HTML code, buttons, and text and other materials available on this website, (collectively “Content”) are protected under applicable intellectual property and other proprietary laws of Canada and other countries. All Content and intellectual property rights therein are the property of Flareify or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. To the extent that the Services provide Users with an opportunity to store and exchange information, materials, data, forms, and files (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Flareify does not claim any ownership rights in any User Content. Content posted by Users are not reviewed by Flareify.

Flareify reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Flareify Site, computer systems and network, or the Services.
You may not attempt to interfere with any other person’s use of the Services.
You may not misrepresent your identity or impersonate any person.
You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
You may not attempt to charge others to use the Services either directly or indirectly.
You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited e-mail communications.
You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
You may not use the Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
You may not use the Services to download any material sent by another user of the Services that you know, or reasonably should know, cannot be legally distributed in such manner. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
You may not use the Services to harvest or otherwise collect information about others, including email addresses.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Flareify in connection with the Flareify Site or Services.
You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Flareify. Use of the Services on the Site as well as the use of the Services on any desktop application will be applied toward such bandwidth usage.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Flareify. Flareify reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Flareify’s response to a future complaint. You acknowledge and agree that Flareify shall not assume or have any liability for any action or inaction by Flareify with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

D. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

Except for the licenses granted herein, you have no right, title or interest in or to Flareify Services or any content. You agree that Flareify or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Flareify service and content, including, without limitation, applications, text, images, and other data.

All contents of the Flareify’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are Copyright © 2021 Flareify, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Flareify and/or it suppliers, affiliates, or licensors. All rights reserved.

Flareify and the Flareify logo are including without limitation, either trademarks, service marks or registered trademarks of Flareify, and may not be copied, imitated, or used, in whole or in part, without Flareify’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Flareify may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

E. SECURITY

We encrypt the data that you store on www.flareify.com using the AES-256 standard. Flareify uses Microsoft Azure for data storage. You can find more information about Microsoft Azure's security at: www.Microsoft Azure.com/datacenter

F. PRIVACY

Flareify has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgement of and agreement to the Flareify Privacy Policy.

G. WARRANTIES

Your satisfaction is very important to us. While absolute best efforts have been put to develop and maintain Flareify, by becoming a Flareify user you, the customer, acknowledge that you forfeit the right to hold flareify accountable for any and all technical errors, including loss of user files (customer data) Flareify provides you with facilities to download a backup of your files on a regular basis. Flareify encourages you to use this service.

The site is provided by Flareify on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Flareify makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Flareify shall have no liability for any interruptions in the use of this Website. www.flareify.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

H. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ANY FLAREIFY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH FLAREIFY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY FLAREIFY PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, Flareify is found responsible to any Flareify User for any reason whatsoever, Flareify's responsibility shall be limited to the subscription period paid by such user for Flareify's services, and shall not include punitive damages or consequential or resulting damages of any nature.

I. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Flareify, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Flareify reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Flareify in asserting any available defences.

J. PAYMENT OF FEES

The fees applicable for Flareify service are available at www.flareify.com and as published within the Services. Users can choose Basic, Standard and Premium plans as per their wish.

K. REFUND OF CHARGES.

All Flareify services are prepaid for the period selected (monthly and yearly) and are NON-REFUNDABLE.

L. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario. Please note that your use of the Services may be subject to other local, provincial, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Flareify or relating in any way to your use of the Services resides in the courts of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario in connection with any such dispute including any claim involving Flareify or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

M. NOTICES TO FLAREIFY

You may notify us by email at support@flareify.com

N. OTHER TERMS.

If any part of these terms and conditions is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

If you have any questions about this policy, please contact Flareify at support@flareify.com