Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the mobile application Flaky ("App") provided by G2P Solutions LLC ("G2P Solutions," "we," "us," or "our"). By downloading, installing, accessing, or using the App, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the App immediately.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

You can contact us by email at flaky.app@gmail.com.

1. Scope of Services

1.1 The App is designed to facilitate communication and networking among users by collecting and storing certain information provided by you, such as your phone number, name, zip code (optional), and profile picture (optional). Additionally, the App may collect and store contact phone numbers from your device's contacts with your explicit consent.

1.2 The App operates within the United States ("US"), European Union ("EU"), and United Kingdom ("UK"). However, users are responsible for complying with local laws and regulations governing data privacy and protection in their respective jurisdictions.

1.3 The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use teh Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Data Collection and Usage

2.1 By using the App, you consent to the collection, storage, processing, and use of your personal information, including but not limited to the data mentioned in section 1.1, in accordance with our Privacy Policy.

2.2 We may use the collected information to provide and improve the services offered through the App, personalize your experience, communicate with you, and comply with legal obligations.

3. User Obligations

3.1 You agree to provide accurate, complete, and up-to-date information when using the App.

3.2 You acknowledge and agree that you are solely responsible for any content you upload, transmit, or share through the App, and you must ensure that such content complies with applicable laws and does not infringe upon the rights of any third party.

4. Intellectual Property

4.1 All intellectual property rights in the App, including but not limited to trademarks, copyrights, and patents, are owned by G2P Solutions or its licensors.

4.2 You are granted a limited, non-exclusive, non-transferable license to use the App for its intended purposes in accordance with these Terms.

4.3 By submitting User Content to the App, you grant G2P Solutions a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation and promotion of the App.

4.4 You represent and warrant that you have the necessary rights, licenses, permissions, and consents to submit User Content to the App and grant the licenses described in section 4.3 without infringing upon the rights of any third party.

4.5 G2P Solutions reserves the right to remove or disable access to any User Content that violates these Terms or infringes upon the rights of others, without prior notice.

4.6 G2P Solutions may, in its sole discretion, use and incorporate feedback, suggestions, or ideas provided by you regarding the App without any obligation to compensate you or acknowledge your contribution.

4.7. Any breach of these intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

5. Limitation of Liability

5.1 To the extent permitted by law, G2P Solutions shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the App.

6. Governing Law and Dispute Resolution

6.1 These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

6.2 Any dispute arising out of or relating to these Terms shall be resolved exclusively through arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

7. Prohibited Activities

7.1 You agree not to engage in any of the following activities while using the App:

7.1.1 Violating any applicable laws, regulations, or third-party rights;

7.1.2 Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;

7.1.3 Using the App for any unlawful or fraudulent purpose, or to engage in any illegal or fraudulent activities;

7.1.4 Uploading, transmitting, or sharing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

7.1.5 Uploading, transmitting, or sharing any content that infringes upon the intellectual property rights, privacy rights, or other rights of any third party;

7.1.6 Interfering with or disrupting the operation of the App or servers, networks, or systems connected to the App;

7.1.7 Reverse-engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the App or any part thereof;

7.1.8 Modifying, adapting, translating, or creating derivative works based on the App;

7.1.9 Using any automated means, such as robots, crawlers, or data mining tools, to access or collect data from the App without our prior written consent;

7.1.10 Transmitting any viruses, worms, malware, or other harmful code through the App;

7.1.11 Circumventing any security measures or authentication mechanisms implemented by the App;

7.1.12 Engaging in any other conduct that, in our sole discretion, is deemed inappropriate, objectionable, or harmful to us or others.

7.2 We reserve the right to investigate and take appropriate legal action against any violations of these prohibited activities, including but not limited to removing offending content, suspending or terminating your access to the App, and cooperating with law enforcement authorities.

7.3 You acknowledge that engaging in prohibited activities may result in civil or criminal liability, and you agree to indemnify and hold harmless G2P Solutions from any damages, losses, or expenses incurred as a result of your violation of these Terms.

8. Apple and Android Devices

8.1 The App is available for download and use on Apple iOS devices and Android devices ("Supported Devices").

8.2 You acknowledge and agree that:

8.2.1 If you download and use the App on an Apple iOS device, these Terms are entered into between you and G2P Solutions, and Apple Inc. ("Apple") is not a party to these Terms. However, Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you as a third-party beneficiary.

8.2.2 If you download and use the App on an Android device, these Terms are entered into between you and G2P Solutions, and Google LLC ("Google") is not a party to these Terms. However, Google and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you as a third-party beneficiary.

8.3 You further acknowledge and agree that:

8.3.1 Your use of the App on Apple iOS devices is subject to Apple's App Store Terms of Service and any additional terms and conditions imposed by Apple from time to time.

8.3.2 Your use of the App on Android devices is subject to Google's Google Play Terms of Service and any additional terms and conditions imposed by Google from time to time.

8.4 You are solely responsible for complying with the terms and conditions set forth by Apple or Google in connection with your use of the App on Supported Devices.

8.5 G2P Solutions disclaims any liability for any claims, losses, damages, liabilities, costs, or expenses arising out of or in connection with your use of the App on Supported Devices, including but not limited to any claims related to the performance, security, or availability of the App on such devices.

8.6 Any inquiries or complaints regarding the App on Supported Devices should be directed to G2P Solutions, not Apple or Google.

8.7 You agree to comply with all applicable laws, regulations, and third-party terms and conditions when downloading, installing, accessing, or using the App on Supported Devices.

9. Service Management

9.1 G2P Solutions reserves the right to modify, suspend, or terminate the App or any part thereof at any time, with or without notice.

9.2 We may, in our sole discretion, implement updates, upgrades, patches, or modifications to the App ("Updates") to improve performance, add new features, or address security vulnerabilities.

9.3 You acknowledge and agree that:

9.3.1 We are not obligated to provide any Updates to the App, and we may discontinue support for older versions of the App at any time;

9.3.2 Your continued use of the App may require you to download and install Updates, and you consent to such Updates being automatically downloaded and installed on your device or manually installed by you;

9.3.3 Updates may be subject to additional terms and conditions, and your use of the App after such Updates are made available constitutes your acceptance of any such additional terms and conditions.

9.4 We reserve the right to suspend or terminate your access to the App or any part thereof without prior notice if we believe, in our sole discretion, that you have violated these Terms or engaged in any conduct that may harm G2P Solutions, other users, or third parties.

9.5 Upon suspension or termination of your access to the App, you agree to cease all use of the App and delete any copies of the App from your device.

9.6 G2P Solutions shall not be liable to you or any third party for any modification, suspension, or termination of the App or your access thereto, except as expressly provided in these Terms or required by applicable law.

9.7 You acknowledge that the availability of the App may be subject to limitations, delays, and other factors beyond our control, and we shall not be responsible for any failure or delay in providing the App or any part thereof.

10. Term and Termination

10.1 These Terms shall remain in full force and effect while you use the App.

10.2 You may terminate your use of the App at any time by uninstalling the App from your device and ceasing all use thereof.

10.3 G2P Solutions reserves the right to suspend or terminate your access to the App or any part thereof at any time, with or without cause, and without prior notice.

10.4 Upon termination of your access to the App, you agree to cease all use of the App and delete any copies of the App from your device.

10.5 All appropriate sections shall survive any termination of these Terms.

10.6 Termination of these Terms shall not relieve you of any obligations or liabilities accrued prior to the effective date of termination, nor shall it affect any rights or remedies available to G2P Solutions under these Terms or at law.

10.7 Upon termination of these Terms, all licenses granted to you herein shall immediately terminate, and you shall no longer have the right to use the App or any part thereof.

10.8 G2P Solutions shall not be liable to you or any third party for any suspension or termination of your access to the App or any part thereof, except as expressly provided in these Terms or required by applicable law.

11. Dispute Resolution

11.1 Any dispute, controversy, or claim arising out of or relating to these Terms, including but not limited to their formation, interpretation, breach, termination, or validity, shall be resolved through arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

11.2 The arbitration shall take place in New Jersey, unless otherwise agreed by the parties. The language of the arbitration shall be English.

11.3 The arbitration shall be conducted by a single arbitrator appointed in accordance with the AAA's Commercial Arbitration Rules. The arbitrator's decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

11.4 Each party shall bear its own costs and expenses of arbitration, including but not limited to attorney's fees, unless the arbitrator determines otherwise.

11.5 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm or preserve the status quo pending resolution of the dispute through arbitration.

11.6 These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

11.7 Any disputes arising under these Terms shall be resolved in accordance with this section 11, and the parties hereby waive any right to participate in any class action or consolidated arbitration proceeding.

11.8 If any provision of this section 11 is found to be unenforceable or invalid, the remaining provisions of these Terms shall remain in full force and effect.

12. Disclaimer

12.1 The App is provided on an "as-is" and "as-available" basis, without any warranties or representations of any kind, whether express or implied.

12.2 G2P Solutions disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and completeness of the App.

12.3 G2P Solutions does not warrant that the App will meet your requirements, be uninterrupted, error-free, secure, or free from viruses or other harmful components.

12.4 Any content, information, or materials accessed or obtained through the App are obtained at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from such access or use.

12.5 G2P Solutions reserves the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice.

13. Limitation of Liability

13.1 To the extent permitted by law, G2P Solutions 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, arising out of or in connection with your use or inability to use the App, even if G2P Solutions has been advised of the possibility of such damages.

13.2 In no event shall G2P Solutions' total liability to you for all claims arising out of or in connection with these Terms or your use of the App exceed the amount paid by you, if any, for accessing or using the App during the twelve (12) months preceding the event giving rise to the liability.

13.3 The limitations of liability set forth in this section 13 shall apply to the fullest extent permitted by applicable law, regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, or any other legal or equitable theory.

13.4 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitations set forth in this section 13 may not apply to you. In such jurisdictions, G2P Solutions' liability shall be limited to the fullest extent permitted by applicable law.

13.5 You acknowledge and agree that the limitations and exclusions of liability set forth in these Terms are reasonable and reflect the allocation of risk between the parties.

14. User Data

14.1 G2P Solutions respects the privacy of its users and is committed to protecting the confidentiality and security of user data collected through the App.

14.2 By using the App, you consent to the collection, storage, processing, and use of your personal information, including but not limited to the data mentioned in section 1.1, in accordance with our Privacy Policy.

14.3 We may use the collected information to provide and improve the services offered through the App, personalize your experience, communicate with you, and comply with legal obligations.

14.4 G2P Solutions will not disclose, sell, rent, or lease your personal information to third parties without your consent, except as required by law or as necessary to provide the services offered through the App.

14.5 We may share your personal information with third-party service providers, contractors, or business partners who assist us in providing the services offered through the App, subject to appropriate confidentiality and data protection agreements.

14.6 G2P Solutions reserves the right to access, review, and disclose user data as necessary to enforce these Terms, comply with legal obligations, respond to claims of violation of third-party rights, or protect the rights, property, or safety of G2P Solutions, its users, or third parties.

14.7 You acknowledge and agree that user data may be transferred to and stored on servers located in the United States or other countries outside the European Economic Area ("EEA"), where data protection laws may differ from those of your jurisdiction.

14.8 If you are located in the EEA, you have certain rights under data protection law, including the right to access, correct, or delete your personal information. To exercise your rights or make inquiries about your personal information, please contact us using the contact information provided in section 8.

14.9 By using the App, you acknowledge and agree to the collection, storage, processing, and use of your personal information as described in these Terms and our Privacy Policy. If you do not agree to such collection, storage, processing, and use of your personal information, you must not use the App.

15. Modifications to Terms

15.1 G2P Solutions reserves the right to modify, amend, or update these Terms at any time without prior notice. The most current version of the Terms will be made available within the App.

15.2 Your continued use of the App after any changes to these Terms shall constitute your acceptance of such changes.

16. Contact Information

If you have any questions or concerns about these Terms or the App, you may contact us at flaky.app@gmail.com

Last Updated: 2024-06-17

By using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms.