Terms of Service and End User License Agreement

These Terms of Service and End User License Agreement (the "Terms") are an agreement between you and the contracting entity FlyMind Ltd that provides the relevant Services to you. They govern your access and use of the websites, mobile apps, and other interactive software products and services that we operate and that link to these Terms (collectively, our "Services").

Please review these Terms carefully before using the Services. We may change the Terms or modify, suspend, or terminate any features of the Services at any time in our sole discretion consistent with applicable law. We will notify you (including by posting the updated Terms on the Services) of changes to these Terms. By continuing to use the Services, you accept such changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.

PLEASE NOTE THAT SECTION VIII CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.

YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

Table of Contents

  • I. USE OF THE SERVICES
  • II. CONTENT POSTED BY USERS
  • III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT
  • IV. CODE OF CONDUCT
  • V. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  • VI. INDEMNIFICATION
  • VII. GOVERNING LAW AND CONTRACTING ENTITY
  • VIII. DISPUTE RESOLUTION
  • IX. MISCELLANEOUS
  • X. CONTACT US

I. USE OF THE SERVICES

Limited License

Subject to these Terms, you may access and use the Services running operating systems on which the Services were designed to operate for your personal and non-commercial use only. The Services are licensed, not sold, to you on a limited, revocable, non-sublicensable, nontransferable, and non-exclusive basis. You may not modify, copy (except for a single backup copy and transient copying required to operate the Services), distribute, transmit, display, perform, reproduce, publish, create derivative works from or adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Services or any portion thereof.

Additional Terms

Some of the Services are subject to and governed by additional terms, conditions, rules, or guidelines on permissible use ("Additional Terms"). We will make these Additional Terms available to you through the applicable service, in which case your acceptance of such Additional Terms is required before you may use the applicable service.

Eligibility

You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children under 13 (or as defined under applicable law) may not register for an account and may not provide any personal information to FlyMind Ltd or others through the Services, without parental consent.

Account Registration

Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. When creating an account, you will provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services.

II. CONTENT POSTED BY USERS

You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or screenshots ("User Content").

You represent and warrant that the User Content that you post or transmit will not:

  • Infringe the copyright, trademark, database or other intellectual property rights of a third party.
  • Prevent or impede other users from finding information related to the Services.
  • Facilitate or promote conduct that in the sole discretion of FlyMind Ltd involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption.

III. INTELLECTUAL PROPERTY AND CLAIMS OF INFRINGEMENT

The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. FlyMind Ltd and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners.

IV. CODE OF CONDUCT

You will not use the Services in any manner that, in FlyMind Ltd's sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with FlyMind Ltd's or any others' use and enjoyment of the Services.

WE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

V. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

FlyMind Ltd MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

VI. INDEMNIFICATION

You agree to indemnify, defend and hold FlyMind Ltd, along with our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers, and agents, harmless from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of our Services and any alleged violation by you of these Terms.

VII. GOVERNING LAW AND CONTRACTING ENTITY

Without regard to principles of conflicts of law, you agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence.

VIII. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

IX. MISCELLANEOUS

Entire Agreement

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.

Severability

If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect.

X. CONTACT US

If you have questions about these Terms, please contact us as follows:

FlyMind Ltd.

Address: Room 3 6/F Beverley Commercial Center 87-105 Chatham Road South TST Kowloon HK

CI/BR/ Tax Number 72854134

Email: info@flymind.ai