flicpix terms

These terms govern your use of the FlicPix mobile application (the App) and any updates or supplements to it, provided by FlicPix (we, us, our). By downloading or using the App, you agree to these terms.

We only use personal data we collect through your use of the App in the ways set out in our Privacy Policy. Please be aware that internet transmissions are never completely private or secure, and any information you send using the App may be read or intercepted by others, even if a particular transmission appears to be encrypted.

In return for agreeing to comply with these terms, you may:

• Download or stream a copy of the App and view, use, and display it on your mobile devices.
• Receive and use any free supplementary software code or updates incorporating patches and corrections that we provide.

FlicPix offers optional paid features through FlicPix Pro, available as auto-renewable subscriptions:

• FlicPix Pro Weekly — an auto-renewable subscription billed every week.
• FlicPix Pro Monthly — an auto-renewable subscription billed every month.
• FlicPix Pro Yearly — an auto-renewable subscription billed every year.

The exact title, length, and price of each option (including the price per unit, where applicable) are shown within the App and on the App Store before you confirm any purchase.

Payment is charged to your Apple ID account at confirmation of purchase. Auto-renewable subscriptions automatically renew for the same period unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period, at the price of the selected plan.

You can manage or cancel a subscription at any time in your App Store account settings (Settings → your Apple ID → Subscriptions). Cancellation takes effect at the end of the current billing period, and you will continue to have access until then. Deleting the App does not cancel a subscription. Where a free trial is offered, any unused portion is forfeited when you purchase a subscription covering that period.

We are giving you personally the right to use the App as set out above. You may not transfer the App to someone else, whether for money, for anything else, or for free. If you sell any device on which the App is installed, you must remove the App from it.

We may need to update these terms from time to time and will use reasonable endeavours to alert you to any material changes.

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. We may also ask you to update the App for these reasons.

By using the App, you agree to us collecting and using technical information about the devices you use, and related software, hardware, and peripherals, to improve our products and provide services to you.

The App may contain links to independent websites not provided by us. Such sites are not under our control, and we are not responsible for, and have not checked or approved, their content or privacy policies.

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

You agree that you will not:

• Rent, lease, sub-license, loan, provide, or otherwise make available the App, in whole or in part, to any person without our prior written consent.
• Copy the App except as part of its normal use or where necessary for back-up or operational security.
• Translate, merge, adapt, vary, alter, or modify the whole or any part of the App, nor permit it to be combined with or incorporated into any other programs, except as necessary to use the App on permitted devices.
• Disassemble, de-compile, reverse engineer, or create derivative works based on the whole or any part of the App, nor attempt to do any such things.

You must not use the App:

• To bully, insult, intimidate, or humiliate any person.
• To send, receive, upload, download, use, or re-use any material that does not comply with our content standards.
• To upload terrorist content.
• In any unlawful manner or for any unlawful purpose, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, viruses, or harmful data into the App or any operating system.
• To infringe our intellectual property rights or those of any third party.
• To transmit any material that is defamatory, offensive, or otherwise objectionable.
• In a way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users.
• To collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from servers running the App.

These content standards apply to all material you share or upload via the App (Contribution). We will determine in our discretion whether a Contribution breaches these standards and will take appropriate steps to remove any that do.

A Contribution must:

• Be accurate where it states facts.
• Be genuinely held where it states opinions.
• Comply with applicable law in the country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful, or inflammatory.
• Bully, insult, intimidate, or humiliate.
• Promote sexually explicit material or include child sexual abuse material.
• Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any copyright, database right, or trade mark of any other person.
• Be likely to deceive any person or breach any legal duty owed to a third party.
• Promote any illegal content or activity.
• Threaten, abuse, or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that a Contribution emanates from us if that is not the case.
• Advocate, promote, or incite any party to commit or assist any unlawful or criminal act.

All intellectual property rights in the App throughout the world belong to us or our licensors. The rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these terms.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill — but we are not responsible for any loss or damage that is not foreseeable.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

We recommend that you back up any content and data used in connection with the App. Please check that the App meets your requirements before use — it has not been developed to meet any individual's specific requirements.

We may end your rights to use the App at any time if you have broken these terms in a serious way. Where what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights:

• You must stop all activities authorised by these terms, including your use of the App.
• You must delete or remove the App from all devices in your possession and confirm to us that you have done so.
• We may remotely access your devices to remove the App from them.

We may transfer our rights and obligations under these terms to another organisation. If we do, we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or obligations under these terms to another person if we agree in writing.

These terms are concluded between you and FlicPix only, and not with Apple Inc. (Apple). FlicPix, not Apple, is solely responsible for the App and its content. The following additional terms apply when you obtain or use the App through the Apple App Store or on an Apple-branded device.

• Scope of licence. The licence granted to you for the App is a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. FlicPix is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. FlicPix is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product claims. FlicPix, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, FlicPix, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary of these terms.

Except for Apple and Apple's subsidiaries as expressly set out in the "Apple App Store" section above, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, that will not prevent us taking steps against you at a later date.

These terms are governed by English law, and you can bring legal proceedings in respect of the App in the English courts.

If you have any questions, complaints, or claims about the App, please contact us:

• Email: support@flicpix.app