EULA

End User License Agreement

Please read this Mobile Application End User License Agreement carefully before downloading or using the FliptEd mobile application. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) and FliptEd as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA. With respect to the use of the Mobile App, the terms of this EULA will govern and control solely with respect to use of the Mobile App.

1. License. FliptEd grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for your personal and internal business purposes strictly in accordance with this EULA.

2. Changes to this EULA. FliptEd reserves the right to modify this EULA at any time and for any reason. FliptEd will post the most current version of this EULA at this gitbook. If FliptEd makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at FliptEd’s website even if these updated terms appear online at FliptEd’s website before being posted on the Mobile App. Your continued use of the Mobile App after FliptEd publishes notice of changes to this EULA indicates Your consent to the updated terms.

3. No Included Maintenance and Support. FliptEd may deploy changes, updates, or enhancements to the Mobile App at any time. FliptEd may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that Apple has an obligation to furnish any maintenance or support services in connection with the Mobile App.

4. Acceptable Use. You agree that you will not use or encourage others to use the Mobile App in a way that could harm or impair others’ use of the Mobile App. You also agree not to violate the usage limits or controls set forth by the App Store Terms of Service.

5. Privacy. In order to operate and provide the Mobile App, FliptEd may collect certain information about you, including technical data related to your use of the Mobile App. FliptEd uses and protects this information in accordance with our Privacy Policy.

6. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, you authorize FliptEd to send you (including via email and push notifications) information regarding the Mobile App, such as: (a) notices about Your use of the Mobile App, including notices of violations of use and (b) updates to the Mobile App and new features or products.

7. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLIPTED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The Mobile App is only available for supported devices and might not work on every device. Determining whether your device is a supported or compatible device for use of the Mobile App is solely your responsibility, and downloading the Mobile App is done at your own risk. FliptEd does not represent or warrant that the Mobile App and your device are compatible or that the Mobile App will work on your device.

7.1 iOS Application. In the event of FliptEd’s failure to conform to any applicable warranty, you may notify Apple. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.

8. Suspension and Termination of the Mobile App. FliptEd reserves the right to suspend or terminate your access to the Mobile App at any time based on the status of your account. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within the Mobile App.

9. Intellectual Property Rights. In the event of a third party claim that the Mobile App, or your possession and use of the Mobile App, infringes third party’s intellectual property rights, FliptEd will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

10. Contact Information. If You have any questions regarding this EULA, please contact team representative Eric Inman by email at [e-mail].