Floges Software Solutions (“Floges”) Terms of Service

By using the flogesoft.com website, all services of Floges, you are agreeing to be bound by the following terms and conditions (“Terms of Service“).

Floges reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.floges.co/terms-conditions/

Violation of any of the terms below will result in the termination of your Account. While Floges prohibits such conduct and Content on the Service, you understand and agree that Floges cannot be responsible for the Content posted on theService and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Account Terms

  • You must be 13 years or older to use this Service.

  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

  • You are responsible for maintaining the security of your account and password. Floges cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payments and Refund Terms

  • A valid credit card is required.
  • There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • Floges will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.

Cancellation and Termination

  • You are solely responsible for properly canceling your account.
  • Account cancellation requests submitted by email will be honored. In order to cancel your account, you must email support@flogesoft.com to cancel your account.
  • All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • Floges, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Floges service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
  • Floges reserves the right to refuse service to anyone for any reason at any time.
  • Upon cancellation, Floges holds the right to either take down the app completely from the app store or use our disabled screen background image for your app. The disabled screen with be a general graphic with text reading “This app is no longer being maintained due to non-payment on behalf of the business.”.

Modifications to the Service and Prices

  • Floges reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Floges shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  • From time to time, Floges may issue an update to the Floges application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Floges will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

Copyright and Content Ownership

  • We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Floges application to create your mobile application, you agree to allow others to view and share your Content.
  • Floges does not pre-screen Content, but Floges and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  • The look and feel of the Service is copyright 2018 Floges. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Floges.
  • Floges may make certain software available to you through the Service.  If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Floges, for your personal and noncommercial use only.  Floges does not transfer either the title or the intellectual property rights to the Software, and Floges retains full and complete title to the Software as well as all intellectual property rights therein.  You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
  • You grant Floges a license to use the materials you post to the Services.  By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Floges, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Floges, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content.  You will not be compensated for any user content.  By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
  • When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID.  The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
  • All Floges content  is copyright 2018 Floges.

General Conditions

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • Technical support is available via email. The technical support email address is support@flogesoft.com.
  • You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use ofthe Services, for any purposes related to the Service.
  • You understand that Floges uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Floges service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Floges.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Floges customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • Floges does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that Floges shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Floges has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information orservices purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of Floges to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Floges and govern your use of the Service, superseding any prior agreements between you and Floges (including, but not limited to, any prior versions of the Terms of Service).
  • In no event shall Floges liability to you exceed the amount actually paid to Floges by you during the preceding 12 months.

Consent

  • The Floges Policy (“Privacy Policy”) describes how we may collect and use information pertaining to each of our users in connection with their access to and use of Floges websites, applications and related services .
  • This Privacy Policy constitutes a binding and enforceable legal contract between Floges and you – so please read it carefully.
  • You may visit and/or use the Services only if you fully agree to this Privacy Policy – and by accessing and/or using any of the Services, you signify and affirm your informed consent to these Terms of Service, including to the collection and processing of your Personal Information as defined and explained below.
  • Please note: you are not obligated by law to provide us with any information. You hereby acknowledge, warrant and agree that any information you do provide us is provided of your own free will and consent, for the purposes and uses described herein.

What Information Do We Collect?

Individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual, or may be of private or sensitive nature (“Personal Information”). The Personal Information collected by us mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method and transaction details), details regarding a browsing or usage session (IP address), details regarding connected third-party accounts (such as the e-mail or username for a connected PayPal, Google or social media account etc.), and any other Personal Information provided to us by users through their use of our services. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the Services we offer) is deemed and treated by us as Personal Information, as long as such connection or linkage exists.

How Do We Collect information?

We collect information which you provide us voluntarily. For example, we collect the Personal Information you provide us when you register for our services; when you require us to make purchases or register domain names; when you submit or upload such Personal Information to us for our services; and/or when you contact us directly.

Why Do We Collect Such Information?
  1. To operate and/or manage your site.

  2. To further develop, customize and improve your websites and apps, based on your common or personal preferences

  3. To provide our users with ongoing customer assistance and technical support;

  4. To be able to contact our users with general or personalized service-related notices.

  5. To comply with any applicable laws and regulations.

How Will Your Information Be Used

We may use your information to:

  • Design and develop your product

  • Link your website and/or app to your social media accounts

  • Share with third-party developers

  • seek your views or comments on the services we provide;

  • notify you of changes to our services;

  • send you communications which you have requested and that may be of interest to you

We review our guidelines for personal information on a regular basis. We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.

Third Party Services

Floges has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services and remote access services.

Such Third Party Services may receive or otherwise have access to our Users’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our services and business, and may only use it for such purposes.

Use of “Cookies”

Floges uses certain monitoring and tracking technologies (such as cookies, tags and scripts). These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our users and their Users-of-Users with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our users’ preferences and authenticated sessions, to better secure our services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our services.

Please note that Third Party Services placing cookies or utilizing other tracking technologies through our services may have their own policies regarding how they collect and store information. Such practices are not covered by our Terms of Service and we do not have any control over them.

Withdrawing Consent

If you no longer wish to have your data processed, please email support@flogesoft.com and we will remove your data as soon as possible.

Accessing Your Personal Information

If you wish to access and/or request us to make corrections to the Personal Information that you have stored with us or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, feel free to send us an e-mail to support@flogesoft.com, call at +1 (925) 891 7880, or mail your request to Floges Software Solutions​, 340 S Lemon Ave #4465, Walnut, CA 91789, U.S.A, and we will respond within a reasonable time-frame and in accordance with any applicable law.