Terms of Service
Effective Date: January 15, 2026
App: Flick (the "App" or "Platform")
Company: [YOUR LEGAL COMPANY NAME] ("Flick", "Company", "we", "us", "our")
Registered Address: [YOUR BUSINESS ADDRESS]
Contact: [SUPPORT EMAIL]
⚠️ IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY
These Terms of Service ("Terms" or "Agreement") constitute a legally binding contract between you and [YOUR LEGAL COMPANY NAME]. By accessing, downloading, installing, or using Flick in any manner, you:
- AGREE TO BINDING INDIVIDUAL ARBITRATION and waive your right to participate in class actions (Section 20)
- WAIVE YOUR RIGHT TO A JURY TRIAL (Section 20)
- ACKNOWLEDGE LIMITATION OF OUR LIABILITY to $100 or fees paid in the last 12 months, whichever is greater (Section 17)
- AGREE TO INDEMNIFY the Company against claims arising from your use (Section 18)
- ACCEPT THE SERVICE "AS IS" without warranties of any kind (Section 16)
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE FLICK. YOUR USE CONSTITUTES ACCEPTANCE.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms, unless the context otherwise requires:
- "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.
- "Confidential Information" means any non-public information about the Service, including algorithms, business methods, and technical data.
- "Dispute" means any controversy, claim, or disagreement arising out of or relating to these Terms, the Service, or any interaction between users.
- "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights worldwide.
- "Losses" means any damages, liabilities, costs, expenses, claims, demands, actions, proceedings, or judgments of any kind.
- "Premium Features" means any paid subscriptions, in-app purchases, virtual items, or enhanced functionalities.
- "Service" means the Flick application, website, APIs, and all related services, features, content, and functionalities.
- "User" or "you" means any individual who accesses or uses the Service.
- "User Content" means any content, data, information, or materials submitted, uploaded, posted, or transmitted by users.
1.2 Interpretation
- Headings are for convenience only and shall not affect interpretation.
- Words in the singular include the plural and vice versa.
- "Including" means "including without limitation."
- References to statutes include amendments and successor legislation.
- Any ambiguity shall not be construed against the drafting party.
2. ACCEPTANCE OF TERMS
2.1 Binding Agreement
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, Community Guidelines, and all other policies incorporated by reference (collectively, the "Agreement"). This Agreement constitutes a valid and enforceable contract.
2.2 Capacity to Contract
You represent and warrant that you have the legal capacity and authority to enter into this binding Agreement. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
2.3 Electronic Agreement
You consent to receive this Agreement and all related documents electronically. Your electronic acceptance has the same legal force as a physical signature. You waive any rights under laws requiring original signatures or non-electronic records.
2.4 Rejection of Terms
If you do not agree to any provision of this Agreement, you must immediately cease all use of the Service and delete the application from all devices. Continued use after disagreement constitutes breach of this Agreement.
3. ELIGIBILITY REQUIREMENTS
3.1 Minimum Requirements
To use the Service, you must:
- Be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is higher
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Service under any applicable law or regulation
- Not be a resident of a jurisdiction where the Service is prohibited
- Not appear on any government sanctions list or terrorism watch list
3.2 Prohibited Users
You are absolutely prohibited from using the Service if you:
- Have been convicted of, pled no contest to, or are currently charged with any felony offense
- Have been convicted of any sex crime, violent crime, or crime involving fraud or dishonesty
- Are required to register as a sex offender in any jurisdiction
- Have been previously banned, suspended, or removed from Flick or any affiliated service
- Are subject to a restraining order, protective order, or similar court order
- Have been found liable for harassment, stalking, or abuse in any legal proceeding
3.3 Verification Rights
We reserve the absolute right, but have no obligation, to verify your eligibility at any time through any means we deem appropriate, including requiring government-issued identification, background checks, or third-party verification services. Refusal to comply with verification requests constitutes grounds for immediate termination.
3.4 Representations and Warranties
By using the Service, you represent and warrant that all eligibility requirements are met and that all information provided is true, accurate, and complete. You agree to indemnify the Company for any Losses arising from false representations regarding eligibility.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Creation
To access certain features, you must create an account. You agree to:
- Provide accurate, current, complete, and truthful information during registration
- Maintain and promptly update your information to keep it accurate and complete
- Create only one account for your personal use
- Not create accounts for others or allow others to use your account
- Not use a name that is vulgar, offensive, or infringes any third-party rights
4.2 Account Security
You are solely and exclusively responsible for:
- Maintaining the confidentiality and security of your account credentials
- All activities that occur under your account, whether authorized or not
- Immediately notifying us of any unauthorized access or security breach
- Ensuring your device and connection are secure when accessing the Service
THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE SECURITY OBLIGATIONS.
4.3 Multiple Accounts Prohibition
Creating or maintaining multiple accounts is strictly prohibited. We reserve the right to merge, suspend, or terminate all accounts associated with the same individual. Any attempt to circumvent this restriction using different devices, emails, or identities constitutes fraud and grounds for permanent ban.
4.4 Account Inactivity
We may, at our sole discretion, deactivate or delete accounts that remain inactive for extended periods. We have no obligation to maintain inactive accounts or their associated data.
5. LIMITED LICENSE GRANT
5.1 License to You
Subject to your strict compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to:
- Access and use the Service solely for your personal, non-commercial purposes
- Download and install one copy of the mobile application on devices you own or control
This license is conditional upon your continued compliance and may be revoked at any time, with or without cause, at our sole discretion.
5.2 License Restrictions
You expressly agree NOT to, and shall not permit any third party to:
- Copy, reproduce, modify, adapt, translate, or create derivative works of the Service
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive source code
- Rent, lease, lend, sell, sublicense, assign, distribute, or transfer the Service
- Remove, alter, obscure, or tamper with any proprietary notices, labels, or marks
- Use the Service for any commercial, competitive, or benchmarking purposes
- Access the Service through any automated means, including bots, scrapers, or crawlers
- Interfere with, disrupt, or place undue burden on the Service or its infrastructure
- Circumvent, disable, or interfere with security features or access controls
- Use the Service to develop a competing product or service
- Frame, mirror, or incorporate any portion of the Service into another product
- Access the Service from any jurisdiction where it is prohibited
- Use the Service in any manner that violates applicable laws or regulations
5.3 Reservation of Rights
All rights not expressly granted herein are reserved by the Company. Nothing in this Agreement grants any right or license by implication, estoppel, or otherwise. The Company retains all right, title, and interest in the Service, including all Intellectual Property Rights.
6. USER CONTENT AND LICENSE
6.1 Your Content
"User Content" includes all content, data, information, text, photos, videos, audio, messages, and materials you submit, upload, post, transmit, or otherwise make available through the Service.
6.2 License Grant to Company
By submitting User Content, you hereby grant the Company and its Affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to:
- Use, reproduce, copy, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media or distribution methods now known or later developed
- Create derivative works from your User Content
- Publicly perform and publicly display your User Content
- Use your User Content to operate, improve, promote, and market the Service
- Use your User Content for safety, legal, regulatory, and compliance purposes
- Use your User Content for research, analytics, and machine learning purposes
- Sublicense these rights to third parties, including other users and service providers
- Use your name, likeness, and image in connection with your User Content
This license survives termination of your account for any User Content that has been: (a) shared with other users; (b) incorporated into the Service; (c) used for safety or legal purposes; or (d) otherwise distributed beyond your individual profile.
6.3 Content Representations and Warranties
By submitting User Content, you represent, warrant, and covenant that:
- You are the sole owner or have all necessary rights, licenses, and permissions to submit the content
- Your content does not infringe, misappropriate, or violate any third-party Intellectual Property Rights, privacy rights, publicity rights, or other proprietary rights
- Your content does not contain any viruses, malware, or harmful code
- Your content complies with all applicable laws and this Agreement
- You have obtained all necessary consents from any individuals depicted in your content
- Your content is accurate and not misleading
- Your content does not violate the rights of any third party
6.4 No Obligation to Use
We are under no obligation to use, display, distribute, or otherwise exploit your User Content. We may, but are not required to, review, screen, edit, or monitor User Content.
6.5 Content Removal
We reserve the absolute right to remove, edit, block, or refuse to post any User Content at any time, for any reason or no reason, in our sole and unfettered discretion, without notice and without liability to you.
6.6 No Compensation
You acknowledge and agree that you will not receive any compensation, credit, or consideration of any kind for your User Content or the rights granted herein, regardless of how the Company uses such content.
6.7 Waiver of Moral Rights
To the fullest extent permitted by applicable law, you irrevocably waive all moral rights, droit moral, and similar rights in your User Content, including rights of attribution, integrity, and disclosure.
6.8 Feedback
Any feedback, suggestions, ideas, or other information you provide regarding the Service ("Feedback") becomes the sole and exclusive property of the Company. You hereby assign all rights in Feedback to the Company, and the Company may use Feedback for any purpose without restriction, attribution, or compensation.
7. PROHIBITED CONDUCT
You agree not to engage in any of the following prohibited activities. Violation of this Section constitutes a material breach and grounds for immediate termination:
7.1 Illegal and Harmful Activities
- Violating any applicable law, regulation, ordinance, or third-party rights
- Engaging in any form of harassment, stalking, bullying, intimidation, or abuse
- Threatening, inciting, or promoting violence against any person or group
- Posting content that is defamatory, libelous, fraudulent, or deceptive
- Engaging in discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any protected characteristic
- Posting hate speech or content promoting extremist ideologies
- Engaging in human trafficking, prostitution, escort services, or sexual exploitation
- Facilitating or promoting drug trafficking or illegal substance use
- Engaging in money laundering, terrorist financing, or sanctions evasion
7.2 Fraud and Deception
- Creating fake, misleading, or deceptive profiles
- Impersonating any person, entity, or brand
- Misrepresenting your identity, age, location, or any material information
- Engaging in romance scams, catfishing, or confidence fraud
- Soliciting money, financial information, or gifts from users
- Using the Service to perpetrate any scam or fraudulent scheme
- Providing false information in verification processes
7.3 Sexual Content and Conduct
- Posting sexually explicit, pornographic, or obscene content
- Posting nude or sexually suggestive photos
- Sending unsolicited sexual messages or explicit content
- Soliciting or offering sexual services
- Any content involving minors in a sexual or suggestive context (results in permanent ban and law enforcement referral)
- Non-consensual sharing of intimate images
7.4 Technical Violations
- Using bots, scripts, crawlers, scrapers, or automated tools to access the Service
- Attempting to probe, scan, or test vulnerabilities of the Service
- Attempting to gain unauthorized access to systems, accounts, or data
- Introducing viruses, worms, Trojans, or other malicious code
- Interfering with, disrupting, or overloading the Service or its infrastructure
- Circumventing rate limits, access controls, or security measures
- Scraping, harvesting, or collecting user data without authorization
- Reverse engineering, decompiling, or disassembling the Service
7.5 Commercial and Spam Activities
- Using the Service for unauthorized commercial purposes
- Advertising, promoting, or soliciting any goods or services
- Sending spam, chain letters, or mass communications
- Promoting multi-level marketing, pyramid schemes, or similar programs
- Recruiting users for competing services or platforms
- Collecting user information for commercial exploitation
- Using the Service for market research without authorization
7.6 Privacy Violations
- Disclosing personal information of other users without consent
- Doxxing or publicly revealing someone's private information
- Recording, screenshotting, or sharing private conversations without consent
- Attempting to identify, locate, or track users offline
- Violating any user's reasonable expectation of privacy
8. SUBSCRIPTIONS AND PAYMENTS
8.1 Premium Features
The Service may offer Premium Features for purchase. By purchasing Premium Features, you agree to pay all applicable fees and charges as they become due.
8.2 Billing and Auto-Renewal
AUTOMATIC RENEWAL NOTICE:
- Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date
- Your payment method will be automatically charged at the then-current rate
- Prices may increase at any time; continued use after price increases constitutes acceptance
- You are responsible for all applicable taxes, fees, and foreign exchange costs
8.3 Cancellation
- You may cancel subscriptions through your app store account settings (Apple App Store or Google Play)
- Cancellation takes effect at the end of the current paid period
- Deleting the app does NOT cancel your subscription
- No prorated refunds will be provided for partial billing periods
8.4 Refund Policy
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE.
Except as expressly required by applicable law:
- No refunds will be provided under any circumstances
- No refunds for unused portions of subscriptions
- No refunds for unused virtual items or credits
- No refunds if your account is terminated for violation of these Terms
- No refunds for dissatisfaction with the Service or its features
- No refunds for technical issues or service interruptions
Refund requests must be directed to the applicable app store pursuant to their policies. The Company has no obligation to provide refunds beyond what is required by mandatory applicable law.
8.5 Free Trials
If we offer free trials:
- Free trials are limited to one per person, device, and payment method
- You may be required to provide valid payment information
- Unless cancelled before trial expiration, you will be automatically charged
- We reserve the right to charge the full subscription price if we determine you have previously received a free trial
- Creating multiple accounts to obtain free trials constitutes fraud
8.6 Virtual Items
Virtual items (Boosts, Superlikes, virtual currency, etc.):
- Have no real-world monetary value
- Cannot be redeemed, exchanged, or refunded for cash
- Are non-transferable and cannot be sold or traded
- May be modified, discontinued, or expire at any time without notice
- Are forfeited upon account termination
- Grant only a limited license, not ownership
8.7 Price Changes
We reserve the right to change prices at any time. Price changes will apply to subsequent billing periods. Your continued use after a price change constitutes acceptance of the new price.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Company Ownership
The Service, including all content, features, functionality, software, technology, designs, graphics, text, images, logos, trademarks, and the selection and arrangement thereof (collectively, "Company Materials"), are owned exclusively by the Company, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide.
9.2 Trademarks
"Flick" and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of [YOUR LEGAL COMPANY NAME] or its Affiliates. You are prohibited from using any Company trademarks without our prior written permission. All other trademarks are the property of their respective owners.
9.3 Copyright Protection
The Company Materials are protected by copyright laws. Unauthorized reproduction, distribution, modification, public display, or public performance of Company Materials is strictly prohibited and may result in civil and criminal penalties.
9.4 DMCA Copyright Policy
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, submit a notice to our Copyright Agent at [COPYRIGHT EMAIL] containing:
- Identification of the copyrighted work claimed to be infringed
- Identification of the allegedly infringing material with sufficient detail to locate it
- Your contact information (name, address, telephone, email)
- A statement that you have a good faith belief the use is not authorized
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
- Your physical or electronic signature
We may terminate accounts of repeat infringers in appropriate circumstances.
9.5 Counter-Notice
If you believe your content was wrongly removed, you may submit a counter-notice. We will process counter-notices in accordance with the DMCA. Filing a false counter-notice may result in legal liability.
10. THIRD-PARTY SERVICES AND CONTENT
10.1 Third-Party Services
The Service may contain links to, integrate with, or depend upon third-party websites, applications, services, or content ("Third-Party Services"). Third-Party Services may include:
- Payment processors (Apple App Store, Google Play)
- Authentication providers (Apple Sign-In, Google Sign-In)
- Cloud infrastructure providers (Firebase, Google Cloud, AWS)
- Communication services (Agora for voice/video)
- Analytics providers
- Media storage and delivery services (Cloudinary)
10.2 No Endorsement or Responsibility
We do not control, endorse, sponsor, recommend, or assume any responsibility for Third-Party Services. Your use of Third-Party Services is entirely at your own risk and subject to their respective terms and privacy policies. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY HARM ARISING FROM YOUR USE OF THIRD-PARTY SERVICES.
10.3 Third-Party Content
We are not responsible for the accuracy, completeness, appropriateness, or legality of content provided by third parties or other users. We make no representations or warranties regarding such content.
11. INTERACTIONS WITH OTHER USERS
11.1 User Responsibility
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. The Company is not a party to any disputes between users and has no obligation to become involved in such disputes.
11.2 No Screening or Verification Guarantee
IMPORTANT SAFETY NOTICE:
- We do NOT conduct criminal background checks on users
- We do NOT verify the identity, statements, or intentions of users
- We do NOT screen users for criminal history or harmful behavior
- Photo verification only confirms photo authenticity, NOT identity, character, or intentions
- A verified badge does NOT indicate safety or trustworthiness
YOU ASSUME ALL RISK OF INTERACTIONS WITH OTHER USERS, BOTH ONLINE AND OFFLINE.
11.3 Safety Precautions
You agree to exercise reasonable caution and good judgment in all interactions, including:
- Conducting your own due diligence before meeting anyone
- Meeting in public places and informing others of your whereabouts
- Never sending money to users you have not met in person
- Protecting your personal and financial information
- Reporting suspicious or harmful behavior
11.4 Release of Claims
To the fullest extent permitted by law, you hereby release the Company, its Affiliates, officers, directors, employees, agents, and successors from any and all claims, demands, damages, losses, costs, and liabilities of any kind arising from or related to your interactions with other users, including any injury, death, property damage, or other harm resulting from such interactions.
12. PRIVACY AND DATA PROTECTION
12.1 Privacy Policy
Your use of the Service is subject to our Privacy Policy, which is incorporated by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
12.2 Data Processing
You acknowledge and agree that we may collect, process, store, and use your data as described in our Privacy Policy, including for:
- Operating and improving the Service
- Personalizing your experience
- Safety, security, and fraud prevention
- Legal and regulatory compliance
- Research, analytics, and machine learning
- Marketing and promotional purposes (subject to your preferences)
12.3 International Transfers
Your data may be transferred to and processed in countries other than your own, including countries with different data protection laws. By using the Service, you consent to such transfers.
12.4 No Expectation of Privacy in Communications
While we implement security measures, you acknowledge that communications through the Service may not be completely private. We may access, review, and disclose communications as necessary for safety, legal, or operational purposes.
13. CONFIDENTIALITY
13.1 Confidential Information
You agree to maintain the confidentiality of any non-public information about the Service, including:
- Algorithms, matching systems, and recommendation logic
- Technical architecture and infrastructure details
- Business methods, pricing strategies, and financial information
- Security measures and vulnerability information
- Any information designated as confidential
13.2 Non-Disclosure
You agree not to disclose, publish, or disseminate Confidential Information to any third party without our prior written consent. This obligation survives termination of this Agreement.
14. TERMINATION
14.1 Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in the app settings
- Contacting us at [SUPPORT EMAIL]
Important: Deleting the app does NOT delete your account or cancel subscriptions. You must separately cancel subscriptions through your app store.
14.2 Termination by Company
WE RESERVE THE ABSOLUTE RIGHT TO TERMINATE, SUSPEND, OR RESTRICT YOUR ACCOUNT AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, IN OUR SOLE AND UNFETTERED DISCRETION.
Reasons for termination may include, but are not limited to:
- Violation of any provision of this Agreement
- Conduct harmful to users, the Company, or third parties
- Suspected fraud, abuse, or illegal activity
- Requests from law enforcement or government agencies
- Extended periods of inactivity
- Discontinuation or modification of the Service
- Technical or security reasons
- Any other reason in our sole discretion
14.3 Effect of Termination
Upon termination:
- Your license to use the Service terminates immediately
- You must cease all use of the Service
- We may delete your account and all associated data (subject to retention requirements)
- You forfeit all virtual items, credits, and unused subscription time
- You are NOT entitled to any refund of fees paid
- Provisions intended to survive (including indemnification, limitation of liability, arbitration, and intellectual property) shall survive
14.4 No Liability for Termination
THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE, REGARDLESS OF THE REASON OR WHETHER NOTICE WAS PROVIDED.
14.5 Appeal Rights
You may appeal a termination decision by contacting [SUPPORT EMAIL]. We will review appeals in our sole discretion. Certain violations (involving minors, violence, or serious abuse) are not subject to appeal. Our decision on appeals is final and binding.
15. MODIFICATIONS TO SERVICE AND TERMS
15.1 Modifications to Service
We reserve the right to modify, suspend, discontinue, or eliminate any aspect of the Service at any time, including:
- Adding, removing, or changing features or functionality
- Imposing limits on certain features or restricting access
- Modifying or discontinuing Premium Features
- Changing system requirements or supported devices
- Discontinuing the Service entirely
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.
15.2 Modifications to Terms
We may modify this Agreement at any time in our sole discretion. For material changes, we will provide notice through the app, email, or other reasonable means. Changes take effect upon posting or as otherwise specified.
YOUR CONTINUED USE OF THE SERVICE AFTER ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. If you do not agree to the modifications, your sole remedy is to stop using the Service and delete your account.
15.3 Obligation to Review
You are responsible for periodically reviewing this Agreement. Your continued use constitutes acknowledgment and acceptance of any changes, whether or not you have actually reviewed them.
16. DISCLAIMER OF WARRANTIES
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE COMPANY'S OBLIGATIONS TO YOU.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE
- WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT
- WARRANTIES REGARDING THE CONDUCT, IDENTITY, INTENTIONS, OR LEGITIMACY OF OTHER USERS
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
- WARRANTIES REGARDING ANY RESULTS TO BE OBTAINED FROM USE OF THE SERVICE
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:
- ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
- THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT
- THE SAFETY, QUALITY, OR LEGALITY OF ANY OFFLINE INTERACTIONS
- ANY SPECIFIC RESULTS, MATCHES, RELATIONSHIPS, OR OUTCOMES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE DURATION OF ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM PERIOD PERMITTED BY LAW.
17. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE COMPANY'S LIABILITY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
1. EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE
- DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS
- DAMAGES ARISING FROM BUSINESS INTERRUPTION
- DAMAGES FOR COST OF SUBSTITUTE GOODS OR SERVICES
- ANY OTHER INTANGIBLE LOSSES
REGARDLESS OF WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. SPECIFIC EXCLUSIONS: WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR:
- ANY CONDUCT, CONTENT, OR ACTIONS OF OTHER USERS, WHETHER ONLINE OR OFFLINE
- ANY INJURY, DEATH, OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS
- ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR DATA
- ANY INTERRUPTION OR CESSATION OF THE SERVICE
- ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE
- ANY THIRD-PARTY CONTENT, SERVICES, OR ACTIONS
- ANY LOSS OR DAMAGE TO YOUR DEVICE OR DATA
3. MONETARY CAP: IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE EXCEED THE GREATER OF:
- (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
- (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00)
4. ESSENTIAL PURPOSE: THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5. JURISDICTIONAL LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. BASIS OF BARGAIN: YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, agents, licensors, service providers, contractors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, damages, judgments, awards, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
- Your access to or use of the Service
- Your User Content
- Your violation of this Agreement
- Your violation of any third-party rights, including Intellectual Property Rights, privacy rights, or publicity rights
- Your violation of any applicable law, rule, or regulation
- Your interactions with other users, whether online or offline
- Any dispute between you and another user
- Any misrepresentation made by you
- Any claim that your User Content caused damage to a third party
- Any unauthorized use of your account
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. You agree to cooperate fully in the defense of any such matter. You shall not settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim upon becoming aware of it.
19. ASSUMPTION OF RISK
IMPORTANT: YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE
You expressly acknowledge, understand, and agree that:
1. INHERENT RISKS: Using a dating/social service involves inherent and significant risks, including but not limited to:
- Meeting strangers who may misrepresent themselves
- Potential for harassment, stalking, or unwanted contact
- Risk of physical, sexual, or emotional harm
- Exposure to fraud, scams, and deceptive practices
- Risk of identity theft or financial loss
- Emotional distress from rejection or negative interactions
2. NO SAFETY GUARANTEE:
- We DO NOT conduct criminal background checks
- We DO NOT verify the identity of users beyond basic photo matching
- We DO NOT screen users for criminal history, violent behavior, or harmful intentions
- We CANNOT and DO NOT guarantee your safety on or off the platform
- Verification badges indicate photo authenticity only, NOT safety or trustworthiness
3. YOUR RESPONSIBILITY: You are solely responsible for:
- Conducting your own due diligence on users before interacting
- Taking appropriate safety precautions in all interactions
- Making your own decisions about whether to meet users in person
- Informing others of your whereabouts when meeting users
- Any consequences arising from your interactions with users
BY USING THE SERVICE, YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ARISING FROM YOUR USE OF THE SERVICE AND INTERACTIONS WITH OTHER USERS, AND YOU RELEASE THE COMPANY FROM ALL LIABILITY RELATED TO SUCH RISKS.
20. DISPUTE RESOLUTION AND ARBITRATION
⚠️ IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
This Section includes a binding arbitration agreement and class action waiver, which require you to arbitrate disputes on an individual basis rather than participate in class actions or jury trials.
20.1 Agreement to Arbitrate
You and the Company mutually agree that any and all Disputes arising out of or relating to this Agreement, the Service, or your relationship with the Company shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth below.
20.2 Pre-Arbitration Dispute Resolution
Before initiating arbitration, you must first send a written Notice of Dispute ("Notice") to [SUPPORT EMAIL] describing the nature and basis of the claim and the relief sought. You must allow at least sixty (60) days for informal resolution. If the Dispute is not resolved within 60 days, either party may commence arbitration.
20.3 Arbitration Rules and Procedures
- Arbitration shall be administered by [JAMS/AAA/ICC] pursuant to its applicable rules
- Arbitration shall be conducted by a single neutral arbitrator
- The arbitration shall be held in [YOUR JURISDICTION], or at your election, by telephone, video conference, or written submissions
- The arbitrator shall apply the laws of [YOUR JURISDICTION] without regard to conflict of law principles
- The arbitrator shall have exclusive authority to resolve all Disputes, including arbitrability
- The arbitrator's decision shall be final, binding, and non-appealable
- Judgment on the award may be entered in any court of competent jurisdiction
20.4 Class Action Waiver
YOU AND THE COMPANY AGREE THAT DISPUTES SHALL ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED, COMBINED, OR JOINED WITH ANY OTHER ARBITRATION OR PROCEEDING.
YOU WAIVE ANY RIGHT TO:
- PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION
- PARTICIPATE IN CLASS-WIDE ARBITRATION OR MULTI-PARTY ARBITRATION
- ACT AS A PRIVATE ATTORNEY GENERAL
The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. If this waiver is found unenforceable as to a particular claim, that claim shall be severed and proceed in court, while all other claims proceed in arbitration.
20.5 Jury Trial Waiver
YOU AND THE COMPANY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE.
20.6 Exceptions to Arbitration
Notwithstanding the foregoing, either party may:
- Bring an individual action in small claims court for qualifying claims
- Seek injunctive or equitable relief in court to protect Intellectual Property Rights, Confidential Information, or data security
- Seek emergency relief in court pending arbitration
20.7 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to [SUPPORT EMAIL] within thirty (30) days of first accepting this Agreement. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out. Opting out will not affect other provisions of this Agreement.
20.8 Fees and Costs
Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award fees to the prevailing party. If you cannot afford arbitration fees, you may request that the Company pay a portion, subject to the arbitrator's determination.
20.9 Survival
This arbitration agreement shall survive termination of this Agreement and your use of the Service. It shall also apply to claims arising before the effective date of this Agreement.
20.10 Severability
If any portion of this Section 20 is found unenforceable, the remainder shall continue in effect. If the class action waiver is found unenforceable, the entire arbitration agreement shall be void (but the remainder of this Agreement shall remain in effect).
21. GOVERNING LAW AND JURISDICTION
21.1 Governing Law
This Agreement and all Disputes shall be governed by and construed in accordance with the laws of [YOUR JURISDICTION], without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
21.2 Exclusive Jurisdiction
For any Disputes not subject to arbitration, you irrevocably consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in [YOUR JURISDICTION]. You waive any objection to jurisdiction or venue, including forum non conveniens.
21.3 Waiver of Immunity
To the extent permitted by law, you waive any immunity from jurisdiction or execution of judgments in any forum.
21.4 Time Limitation
Any claim or cause of action arising from or related to this Agreement or the Service must be filed within one (1) year after such claim arose, or be permanently barred. This limitation applies regardless of any statute of limitations that might otherwise apply.
22. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control ("Force Majeure Events"), including but not limited to:
- Acts of God, natural disasters, earthquakes, floods, fires, storms, or severe weather
- Epidemics, pandemics, or public health emergencies
- War, terrorism, riots, civil unrest, insurrection, or armed conflict
- Government actions, laws, regulations, embargoes, or sanctions
- Strikes, labor disputes, or workforce shortages
- Power outages or failures of electrical systems
- Internet, telecommunications, or network failures
- Cyberattacks, hacking, DDoS attacks, or malicious activities
- Failures of third-party service providers
- Any other cause beyond the Company's reasonable control
During a Force Majeure Event, the Company's obligations shall be suspended for the duration of the event.
23. GENERAL PROVISIONS
23.1 Entire Agreement
This Agreement, together with our Privacy Policy and Community Guidelines, constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior or contemporaneous agreements, understandings, negotiations, and communications, whether written or oral.
23.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
23.3 No Waiver
No failure or delay by the Company in exercising any right, power, or remedy shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any other or further exercise thereof. A waiver must be in writing and signed by an authorized representative of the Company.
23.4 Assignment
You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. The Company may freely assign this Agreement without restriction. This Agreement binds and inures to the benefit of the parties and their respective successors and permitted assigns.
23.5 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties and does not create any third-party beneficiary rights. However, the Company's Affiliates and Indemnified Parties are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions.
23.6 Independent Contractors
The relationship between you and the Company is that of independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, or employment relationship.
23.7 Notices
We may provide notices to you through the app, email, or other reasonable means. You must provide notices to us at [SUPPORT EMAIL]. Notices are deemed given when sent by the Company or received by the Company, as applicable.
23.8 Export Compliance
You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
23.9 Government Users
If you are a U.S. Government user, the Service is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in applicable regulations.
23.10 Language
This Agreement is written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.
23.11 Headings
Section headings are for reference purposes only and shall not affect the interpretation of this Agreement.
23.12 Construction
This Agreement shall be construed without regard to any presumption or rule requiring construction against the drafting party. Any rule of construction that ambiguities are to be resolved against the drafting party shall not apply.
24. CONTACT INFORMATION
For questions, concerns, or notices regarding this Agreement:
[YOUR LEGAL COMPANY NAME]
General Inquiries: [SUPPORT EMAIL]
Legal Notices: [LEGAL EMAIL]
Copyright Agent: [COPYRIGHT EMAIL]
Address: [YOUR BUSINESS ADDRESS]
ACKNOWLEDGMENT AND ACCEPTANCE
BY CREATING AN ACCOUNT, ACCESSING, OR USING FLICK, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT
- YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS
- YOU ARE OF LEGAL AGE AND HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT
- YOU UNDERSTAND THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- YOU UNDERSTAND THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES
- YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE FLICK.