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description= FlutterFlow Terms of Service.;
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and, service, mobile, applications, terms, of, changes, analytics, waiver, to, the, content, property, data, copyright, procedure, for, governing, law, arbitration, class, action, jury, trial, company, google, from, store, introduction, our, accounts, communications, prohibited, uses, location, user, intellectual, rights, error, reporting, feedback, paid, services, fee, refunds, privacy, security, policy, dmca, notice, infringement, claims, third, party, links, information, indemnity, disclaimer, warranty, limitation, liability, termination, additional, general, notification, procedures, entire, agreement, severability, no, contact, eligibility, limited, license, output, usage, billing, policies, purchases, subscriptions, cancellation, free, trials, california, residents, firebase, apple, app, play, assignment,
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Text of the page (random words):
e or illegal conduct of any third party in no event shall company its affiliates agents directors employees suppliers or licensors be liable to you for any claims proceedings liabilities obligations damages losses or costs in an amount exceeding the amount you paid to company hereunder or 50 00 whichever is greater this limitation of liability section applies whether the alleged liability is based on contract tort negligence strict liability or any other basis even if company has been advised of the possibility of such damage some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you these terms gives you specific legal rights and you may also have other rights which vary by jurisdiction the disclaimers exclusions and limitations of liability under these terms will not apply to the extent prohibited by applicable law termination we may terminate or suspend your account and bar access to service immediately without prior notice or liability under our sole discretion for any reason whatsoever and without limitation including but not limited to a breach of terms if you wish to terminate your account you may simply discontinue using service all provisions of terms which by their nature should survive termination shall survive termination including without limitation ownership provisions warranty disclaimers indemnity and limitations of liability governing law arbitration and class action jury trial waiver governing law you agree that i we shall be deemed solely based in california and ii the service shall be deemed a passive one that does not give rise to personal jurisdiction over us either specific or general in jurisdictions other than california these terms shall be governed by the internal substantive laws of the state of california without respect to its conflict of laws principles the parties acknowledge that these terms evidence a transaction involving interstate commerce notwithstanding the preceding sentences with respect to the substantive law the federal arbitration act 9 u s c 1 16 faa governs the interpretation and enforcement of the arbitration agreement in section 19 b and preempts all state laws to the fullest extent permitted by law if the faa is determined to not apply to any issue that arises from or relates to the arbitration agreement then that issue shall be resolved under and governed by the law of your state of residence the application of the united nations convention on contracts for the international sale of goods is expressly excluded you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in santa clara california for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement misappropriation or violation of a our copyrights trademarks trade secrets patents or other intellectual property or proprietary rights as set forth in the arbitration agreement below including any provisional relief required to prevent irreparable harm you agree that santa clara california is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable arbitration read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from company this section 19 b the arbitration agreement applies to and governs any dispute controversy or claim between you and company that arises out of or relates to directly or indirectly a these terms including the formation existence breach termination enforcement interpretation validity or enforceability thereof b access to or use of the service including receipt of any advertising marketing or other communications from company c any transactions through by or using the service or d any other aspect of your relationship or transactions with company directly or indirectly as a user or consumer claim or collectively claims the arbitration agreement shall apply without limitation to all claims that arose or were asserted before or after your consent to these terms if you are a new user you can reject and opt out of this arbitration agreement within 30 days of accepting these terms by emailing company at contact tos flutterflow io with your first and last name and stating your intent to opt out of the arbitration agreement opting out of this arbitration agreement does not affect the binding nature of any other part of these terms including the provisions regarding controlling law or in which courts any disputes must be brought for any claim you agree to first contact us at contact tos flutterflow io and attempt to resolve the dispute with us informally in the unlikely event that company has not been able to resolve a claim after sixty 60 days we each agree to resolve any claim exclusively through binding arbitration by aaa before a single arbitrator the arbitrator under the expedited procedures then in effect for aaa the rules except as provided herein in the event of any conflict between the rules and this arbitration agreement this arbitration agreement shall control aaa may be contacted at www adr org where the rules are also available the arbitration will be conducted in the u s county where you live or santa clara california unless you and company agree otherwise if you are using the service for commercial purposes each party will be responsible for paying any aaa filing administrative and arbitrator fees in accordance with aaa rules and the award rendered by the arbitrator shall include costs of arbitration reasonable attorneys fees and reasonable costs for expert and other witnesses if you are an individual using the service for non commercial purposes i aaa may require you to pay a fee for the initiation of your case unless you apply for and successfully obtain a fee waiver from aaa ii the award rendered by the arbitrator may include your costs of arbitration your reasonable attorney s fees and your reasonable costs for expert and other witnesses and iii you may sue in a small claims court of competent jurisdiction without first engaging in arbitration but this does not absolve you of your commitment to engage in the informal dispute resolution process any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction you and company agree that the arbitrator and not any federal state or local court or agency shall have exclusive authority to resolve any disputes relating to the interpretation applicability enforceability or formation of this arbitration agreement including any claim that all or any part of this arbitration agreement is void or voidable the arbitrator shall also be responsible for determining all threshold arbitrability issues including issues relating to whether any provision of these terms is unconscionable or illusory or any defense to arbitration including waiver delay laches unconscionability or estoppel nothing in this section shall be deemed as preventing company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement misappropriation or violation of company s data security intellectual property rights or other proprietary rights or preventing you from asserting claims in small claims court if your claims qualify and so long as the matter remains in such court and advances on only an individual non class non collective and non representative basis if this arbitration agreement is found to be void unenforceable or unlawful in whole or in part the void unenforceable or unlawful provision in whole or in part shall be severed severance of the void unenforceable or unlawful provision in whole or in part shall have no impact on the remaining provisions of the arbitration agreement which shall remain in force or the parties ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration agreement notwithstanding the foregoing if the class action jury trial waiver in section 19 c is found to be void unenforceable or unlawful in whole or in part because it would prevent you from seeking public injunctive relief then any dispute regarding the entitlement to such relief and only that relief must be severed from arbitration and may be litigated in a civil court of competent jurisdiction all other claims for relief subject to arbitration under this arbitration agreement shall be arbitrated under its terms and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration class action jury trial waiver with respect to all persons and entities regardless of whether they have obtained or used the service for personal commercial or other purposes all claims must be brought in the parties individual capacity and not as a plaintiff or class member in any purported class action collective action private attorney general action or other representative proceeding this waiver applies to class arbitration and unless we agree otherwise the arbitrator may not consolidate more than one person s claims you and company agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim s any relief awarded may not affect other company users you and company further agree that by entering into these terms you and company are each waiving the right to a trial by jury or to participate in a class action collective action private attorney general action or other representative proceeding of any kind additional terms for mobile applications mobile applications we may make available software to access the service via a mobile device mobile applications to use any mobile applications you must have a mobile device that is compatible with the mobile applications company does not warrant that the mobile applications will be compatible with your mobile device you may use mobile data in connection with the mobile applications and may incur additional charges from your wireless provider for these services you agree that you are solely responsible for any such charges company hereby grants you a non exclusive non transferable revocable license to use a compiled code copy of the mobile applications for one account on one mobile device owned or leased solely by you for your personal use you may not i modify disassemble decompile or reverse engineer the mobile applications except to the extent that such restriction is expressly prohibited by law ii rent lease loan resell sublicense distribute or otherwise transfer the mobile applications to any third party or use the mobile applications to provide time sharing or similar services for any third party iii make any copies of the mobile applications iv remove circumvent disable damage or otherwise interfere with security related features of the mobile applications features that prevent or restrict use or copying of any content accessible through the mobile applications or features that enforce limitations on use of the mobile applications or v delete the copyright and other proprietary rights notices on the mobile applications you acknowledge that company may from time to time issue upgraded versions of the mobile applications and may automatically electronically upgrade the version of the mobile applications that you are using on your mobile device you consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these terms will apply to all such upgrades any third party code that may be incorporated in the mobile applications is covered by the applicable open source or third party license end user license agreement if any authorizing use of such code the foregoing license grant is not a sale of the mobile applications or any copy thereof and company or its third party partners or suppliers retain all right title and interest in the mobile applications and any copy thereof any attempt by you to transfer any of the rights duties or obligations hereunder except as expressly provided for in these terms is void company reserves all rights not expressly granted under these terms if the mobile applications is being acquired on behalf of the united states government then the following provision applies the mobile applications will be deemed to be commercial computer software and commercial computer software documentation respectively pursuant to dfar section 227 7202 and far section 12 212 as applicable any use reproduction release performance display or disclosure of the service and any accompanying documentation by the u s government will be governed solely by these terms and is prohibited except to the extent expressly permitted by these terms the mobile applications originate in the united states and are subject to united states export laws and regulations the mobile applications may not be exported or re exported to certain countries or those persons or entities prohibited from receiving exports from the united states in addition the mobile applications may be subject to the import and export laws of other countries you agree to comply with all united states and foreign laws related to use of the mobile applications and the service mobile applications from apple app store the following applies to any mobile applications you acquire from the apple app store apple sourced software you acknowledge and agree that these terms are solely between you and company not apple inc apple and that apple has no responsibility for the apple sourced software or content thereof your use of the apple sourced software must comply with the app store terms of service you acknowledge that apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apple sourced software in the event of any failure of the apple sourced software to conform to any applicable warranty you may notify apple and apple will refund the purchase price for the apple sourced software to you to the maximum extent permitted by applicable law apple will have no other warranty obligation whatsoever with respect to the apple sourced software and any other claims losses liabilities damages costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and any law applicable to company as provider of the software you acknowledge that apple is not responsible for addressing any claims of you or any third party relating to the apple sourced software or your possession and or use of the apple sourced software including but not limited to i product liability claims ii any claim that the apple sourced ...
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