Flora Terms of Service

Effective Date: August 01, 2017

On August 01, 2017, we published a revised version of our Terms of Service. Your continued use of Flora means you agree to this revised document, so please take a few minutes to read and understand it.

Welcome to Flora! These Terms of Service (the “Terms” or “Agreement”) are a legal contract between you and AppFinca Inc. (the “Company,” “we,” “us,” or “our”), the owner and operator of the Flora mobile application, website, and any associated service we provide to you (collectively, the “Service”). These Terms apply to all visitors and users, whether or not they create Flora accounts. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. If you wish to create a Flora account and/or make use of the Service, please take a few minute to read and understand these Terms.

You should also read our Privacy Policy, which is incorporated by reference into these Terms and available in the Service. If you do not accept and agree to be bound by all of this Agreement, including our Privacy Policy, please do not use the Service. If you have any question regarding these Terms, please refer to the end of this document for information on how to contact us.

Your Account

In order to use the Service, you may sign in using your Facebook account. If you do so, you authorize us to access and use certain Facebook account information, such as your friend list. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Prohibited Activities

You are responsible for complying with the laws and regulations of the United States, where our information processing facilities are based in, and the territory from which you access or use the Service. You must not use the Service in any way that violates applicable local/state/federal/international laws, regulations, or other government requirements.

Following partially lists the types of actions that you may not engage in with respect to the Service. You will not:

We reserve the right, without prior notice and in our sole discretion, to decide whether any use violates these Terms for any of the above reasons or for any other reason, and if so, to remove offending Content and to suspend/terminate your access to the Service.

You agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third-parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property, or personal safety of the Company or any other person.

Content Posted by You

Our Service allows users to post, link to, upload, share or transmit to other users, comment, and otherwise make available (hereinafter, “post”) certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (i.e., you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you post and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you automatically grant us, our affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party. You also agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

Following is a partial list of the kind of Content that is prohibited on or through the Service. You may not post Content that:

AppFinca Inc. has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Proprietary Rights

The Service is protected by copyright, trademark, patent, and other laws of both the United States and foreign countries. We own and retain all proprietary rights in the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patented invention, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademark, patented invention, trade name, service mark, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by us, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, patent, and other intellectual property notices.

Your Interactions with Other Users

You are solely responsible for your interactions with other users. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you interact with through the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your account with the mobile platform (e.g., iOS, Android, etc.) for in-app purchase (“IAP Account”) or your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You will be charged for your Purchase in accordance with the terms disclosed to you at the time of purchase and/or the general terms that apply to the chosen payment method on your platform.

You represent and warrant that: (i) you have the legal right to use the credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. The service may use third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third-parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, fraud or an unauthorized or illegal transaction is suspected, or other reasons. After delivering the ordered products or services, we remain the holder of all intellectual property rights as well as all other rights, and such rights shall not be transferred to our users.

Campaigns

Any contest, sweepstake, promotion, user-experience improvement program, or other campaign (collectively, “Campaign”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Campaign, please review the applicable rules as well as our Privacy Policy. If the rules for a Campaign conflict with these Terms, the Campaign rules will apply.

Customer Service and Feedback

We provide assistance and guidance through our customer-care representatives that can be reached in our Service or via email at support@flora.appfinca.com. When communicating with our customer-care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer-care representatives or other employees is at any time inappropriate, we reserve the right to immediately terminate your account.

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Company or the Services, whether by email or otherwise (collectively, “Feedback,” which is a part of your Content), you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit via email a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our Copyright Agent at dmca@flora.appfinca.com, with the subject line: “Copyright Infringement,” and include in your submission a detailed description of the alleged Infringement as detailed below (see 17 U.S.C 512(c)(3) for further detail):

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. We will also terminate the accounts of repeat infringers. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

Disclaimer of Warranties

You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery of or failure to store any Content, communications, or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission, defect, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of or unauthorized access to any user or user communications; or (v) any problems, failure, or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or other players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.

To the maximum extent allowed by applicable law, the company provides the Service on an “AS IS” and “AS AVAILABLE” basis and grants no warranties of any kind, whether express, implied, statutory, or otherwise with respect to the Service (including all content contained therein), including but not limit to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not (i) represent or warrant that the service will be uninterrupted, error free, secure, or that any defects or errors in the service will be corrected; (ii) guarantee the accuracy, completeness, or usefulness of any content provided through the service; or (iii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other Content posted in the Service or transmitted to or by any user.

Limitation of Liability

To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors, or service providers be liable to you or any third-person for any indirect, reliance, consequential, exemplary, incidental, special, or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions, and procurement of substitute services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service while you have an account. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the provisions of these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

Force Majeure: The Company shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Dispute Resolution and Governing Law

Many customer concerns can be resolved quickly and to a customer’s satisfaction by contacting our customer-care representatives at support@flora.appfinca.com. So, please contact us first if you have any concern.

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and the Company. The exclusive means of resolving dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be Binding Arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Sussex County, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, constitute the entire agreement between you and the Company regarding the use of Service.

Indemnification

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

Changes

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites or services. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We also reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

This Agreement is effective as of the Effective Date set forth above and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to modify or replace these Terms at any time, so please be sure to check these Terms periodically. If a revision is material we will notify you either by placing a prominent notice on this page, or through our Service. You may not receive such notices if you violate this Agreement, and what constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revision becomes effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any question about these Terms, please contact us via email at support@flora.appfinca.com.