Privacy Policy

Version and Effective Date of the Privacy Policy

Effective Date: [Feb 22, 2021]

Welcome to Use Our Products and Services!


Before using our Products and Services, please carefully read our Privacy Policy. YOUR BROWSING OR USING OUR PRODUCTS SHALL BE DEEMED AS THAT YOU FULLY ACCEPT THIS PRIVACY POLICY AND COMMIT TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.


"Flarics" or "We" refers to Flarics LLC with its registered office in Yerevan, Armenia.


“You” refers to the users (whether registered or not) of Our Products and the purchasers of paid services.


“Our Products” include software Products and services (provided by our company and/or our branches, affiliates or partners across the globe) in connection with the software Products we provide. The software Products and applications we provide include [QR Scanner].


I. Applicability and content of Privacy Policy


Thank you for choosing to use Our Products and services. You may use Our Services in various ways. We hope you have a clear understanding of how we collect and use information and what kind of measures you may take to protect your privacy through our Privacy Policy. IF YOU DON’T AGREE TO OUR PRIVACY POLICY, PLEASE DON’T USE OUR PRODUCTS AND SERVICES. IF YOU HAVE BEGUN USING OUR PRODUCTS AND SERVICES, PLEASE IMMEDIATELY CANCEL YOUR ACCOUNT AND STOP THE USE. YOUR BROWSE AND USE OF OUR PRODUCTS MEANS YOU ACCEPT THAT THIS PRIVACY POLICY IS APPLICABLE TO YOU.


Our Privacy Policy offers answers to the following questions:

(1) Collection purpose and classification of personal information;

(2) Scope and means of information collection;

(3) Options we provide you with, including that of how to have access to, review and update personal information and cancel the account;

(4) Use and setting of personal information;

(5) Sharing, disclosure of and making available to public the personal information;

(6) Information security, etc.


II. Update


We have been continuously improving Our Privacy Policy, and with the extension of the scope of Our Products and services, we may update our Privacy Policy from time to time. Please review our Privacy Policy regularly to know about it in its update version. If any update results in essential reduction of your rights under the Privacy Policy, we will notify you by posting the reminder or announcement where it is notable at the interface of Our Products, or e-mailing you, before the date when the revised version becomes effective. YOUR CONTINUED USE OF OUR PRODUCTS FROM THAT DAY ON WILL BE UNDERSTOOD AS YOU FULLY ACCEPT THE UPDATED PRIVACY POLICY. 


IF YOU DISAGREE WITH THE REVISED PRIVACY POLICY, PLEASE IMMEDIATELY CANCEL YOUR ACCOUNT AND STOP USING OUR PRODUCTS AND SERVICES.


III. Collection purpose and classification of personal information


1. Purpose of information collection

We provide services to you by means of website, software and other applications. We collect your information only for the purpose of providing products and services to you (functions designed for each product differs from one another; you should familiarize yourselves with these differences and make your own privacy settings based on your needs and the circumstance), improving your experience of using Our Products and services, and facilitating your use of Our Products and services more expediently.


2. Classification of information

The information generated during your use of Our Products and services may be categorized into the following two types by whether the information subject is identifiable or not with the information:

(1) Identifiable personal information: mainly including the information you submit, and it may be used to directly identify, trace, discern, and determine your true identity, such as e-mail address and phone number, etc. 

(2) Unidentifiable personal information: mainly including the information generated during using Our Products and services, and it may be related to you but cannot be used to directly identify, trace, discern and determine your true identity, such as the records of your use of Our products and services.


3. Considerations in design of the Products’ personal information protection

In designing the Products’ personal information protection, the following factors are taken into consideration:

a) Supply of the Products and services;

b) Security setting of the operating system on user’s terminal equipment (this usually refers to the different security settings in Android and IOS systems);

c) PRC Cybersecurity Law, EU General Data Protection Regulation and other applicable laws and regulations and mandatory standards;

d) The level of information protection in the same industry, similar products or existing technology and market;

e) Recommended standards, feedback from user’s complaints; and

f) Other measures conducive to improving products and services and improving cyber information security.


IV. Scope and means of information collection


1. Information you submit

(1) Registration information you submit and the information collected based on industry practice and demand of the Products.

At the time you register your [QR Scanner] account, in order to identify the user and facilitate contact, you shall provide the real and effective information such as e-mail address of phone number, etc. You understand and agree that under necessary circumstances (e.g. cancel of account, etc.), we may identify you based on your registration information, so as to prevent any other person from using your identity to operate fraudulently which will affect your normal use of Our Products and services.


(2) Data information you upload

The information you may upload image and document during using our services can be your personal information or the personal information of others protected by laws and may related to your or other’s private information protected by law that may involve your or other’s privacy, or is granted protection under copyright law, etc. You shall guarantee that you have obtained the necessary authorization to copy and upload such data information. You will be required to make proper setting and adopt appropriate security measure so as to prevent the leakage of data and damage to right owner’s interests. Please pay great attention to protecting your own or other’s data information. You shall refrain from disclosing the data information to the public without authorization.


2. The information we obtain during your use of Our Products and services

In order to provide high-quality services to you, Our Products collect information for the purpose of performing the product service contract based on the need of Our Products collecting the information from images and documents you upload. We may record and analyze the use and the method of use of our services and any other relevant information, including hardware model and identification information, operating system version, system activities and other device information, Internet Protocol address, account sign-in or sign-out, clicks of advertisements and other log information, as well as Web Beacon or Cookies, browser version information. You may manage permission through security software and we will try our best to seek a balance between your permission and your experience, for instance that we may inform you of authorizing when you first use relevant functions, but then we will no longer inform you frequently to avoid affecting your experience. However, you may not use the products to achieve the purpose of net social if you disagree with the authorization. The purpose of collecting the information of installing applications is only for analyzing which other products would be selected for use by our clients with Our Products. The information of operating system, etc. is collected for security of the products, which can be in the form of security tip to you.


Including the information mentioned above, the information we collect and/or use include user personal information, non-user personal information, the information recorded by third party’s platform, etc.


You agree that the scope of information we collect mentioned above can be properly adjusted with development of legal and regulatory provisions, development of technology and business and user’s feedback, etc. 


V. Access to, review and update of personal information


You can access, review and update (to ensure that we can timely reach you when necessary, you should process some update upon change of the information) your personal information; However, for the sake of security, you may only do so after you log in. In case of any changes to your personal information, you shall timely log in your account and update accordingly.


VI. Cancellation of personal account


You may contact us at [[email protected]] to cancel your account. We will respond to your request within a reasonable time. After cancelation of your account, we are not obliged to keep or provide information under your account. Except as otherwise provided by law, we will delete your personal information if so requested by you. 


VII. Use and setting of personal information


By using Our Products and services, you consent to and grant authorization to our collection and processing your information, including the device and software user information, personal information and content information uploaded by user (mainly the image information you uploaded; regarding the uploaded content, you warrant that you have the intellectual property involved therein or have obtained the relevant license and there is no infringement of third party’s right). The information is only used for the optimization of software interface interaction. No specific information will be used or disclosed.


You understand and agree that the information you make public (because of your own choice or our default setting, e.g. the document or user name you share) may be browsed, reposted and commented by other users of our services. You may protect your critical information by deciding whether to upload certain information, and whether to turn on the specific function of Our Products. To prevent harassment due to abuse of personal information by others, we suggest you pay attention and soon familiarize yourself with the function setting of Our Products. The default setting is offered in consideration of various factors including industry customs, general need of most users and product form, etc. It is possible that what suits most users does not meet your particular need. YOU UNDERSTAND AND AGREE THAT, GIVEN THAT THE SERVICES WE PROVIDE INCLUDE SOCIAL NETWORKING WEB SERVICES, THE DEFAULT SETTING OF OUR PRODUCTS MAY MAKE YOUR PERSONAL INFORMATION AVAILABLE TO THE PUBLIC IN ORDER TO IMPROVE USER EXPERIENCE, AND SUCH DEFAULT SETTING MAY ENABLE ANY OTHER PERSON TO HAVE ACCESS TO OR OBTAIN YOUR PERSONAL INFORMATION.


If we use your information under any circumstance other than that specified herein, we will obtain your prior consent.


Your personal registration information, including but not limited to accounts, username and any other information set by you as sharable, will be seen by users with whom you share documents or collaborate. The shared information is for the sole purpose of identification of the owner of the document.


Our Products will ask for the following permissions during regular operation:


1. Storage: Access to device storage in order to read and manage documents

2. Camera & Album: Using your device’s camera and photo album to take photos for the function of auto crop

3. Phone: Accessing the equipment ID for bounding Premium Membership to your device or for use without sign-in. 

4. Cookies: When accessing our webpage (www.flarics.com), we use cookies to provide you with necessary services.

It is required to grant these permissions otherwise the stated functions may not work as intended.


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Purpose of and Privacy Policy/Statement or relevant content, of third-party cooperation

Google AdMob

Cooperation in: In-App advertising

Link: https://support.google.com/admob/answer/7666366


IX. Sharing personal information and third-party service


Unless otherwise provided herein, we will not share your personal information with any entity other than Flarics or affiliates, partners or solution providers without your consent, and in particular, we will not sell, lease or otherwise distribute your information. In case you find there is steal, sale or unauthorized storage of personal information, please report to us and provide as many clues as possible so that we can investigate and deal with the matter. As a portion of our services may be provided to you as a result of our cooperation with abovementioned relevant companies, you consent to our provision of your information to the foregoing relevant companies for the purpose of providing you with the corresponding services. Such relevant companies only use your information for the purpose of providing corresponding services. We guarantee the safe use of such information by entering into confidentiality agreement or including confidentiality provisions in the contract with such relevant companies. During your use of relevant services, such relevant companies will also undertake the same responsibilities as those we undertake in order to protect the security of your information. If the relevant companies fail to protect your information security, we will pursue their default liability, etc. according to law and contract and we will also probably reach you for negotiation to have your authorization that we can pursue any other party’s legal liability, for and on behalf of you, relating to your right of being protected for the personal information. 


Our Products may support third-party service and we may replace when necessary third-party service supplier. You understand and agree that if you use third-party service via Our Products, protection of your personal information will be subject to the third-party’s Privacy Policy. 


X. Disclosure of and making available to public the personal identity information


We respect and protect your privacy and undertake that we will not disclose a user’s personal identity information to any third-party entity or person except as stated in the Privacy Policy, unless: 


1. You agree to make your personal information available to public including but not limited to in the default setting or other setting you adjusted the Products to;

2. User’s personal information is provided according to law, or required by governmental or judicial authority; or

3. In case of emergency and where necessary, the information is required to be disclosed in order to protect the lawful rights and interests of Flarics or other users or the public security and public interest.


Under the circumstances described in the above Sub-clauses 2 and 3, we will do our best to notify you on the disclosure. You understand and agree that the notification to you will be made in the principles of promptness and integrity, BUT IF IT CANNOT BE TIMELY MADE DUE TO OBJECTIVE FACTOR OR FOR REASONABLE CAUSE, WE WILL NOT ASSUME ANY RESPONSIBILITY FOR THAT.


XI. Privacy protection in bankruptcy/sale/merger


In case of sale of company assets, merger with another business entity or bankruptcy filing, etc., the information we collect in providing services may be assigned as part of our assets, and any other entity assigned with this part of assets may continue to use the information according to law and the Privacy Policy.


If your trust in us changes upon the abovementioned assignment, you can cancel your account according to the existing rules.


XII. Information security


We take various security technologies and measures to protect the information and data stored in systems against unauthorized access, use or disclosure of the same. For instance, the safe channel for information you send through Our Products or website to us is protected by TLS (an updated edition of SSL, with 2048-bit RSA and 256-bit AES encryption), and the information you store in the server is safeguarded with AES 256-bit encryption, a bank-grade security standard. Specific technical measures will be adjusted from time to time with the technical and business development. 



We perform our obligation on cyber security of information under the PRC Cybersecurity Law. Please understand that there are many factors affecting cybersecurity and for the risk of cyber security of information caused not for our reason, we should timely follow up with technical remedy or precautionary measure as well, BUT WE WILL NOT ASSUME ANY LIABILITY. 


XIII. Remedies for divulgence of secrets


If your personal information has been or may be leaked, destructed, or lost, we will take remedies at once and notify you soonest possible (via alert/announcement posted on the website, push notification, text, telephone or e-mail) and report to the relevant authority; In any event of leakage, destruction or loss where the threat level is high, our remedies may include discontinuation of service for the account involved (to be resumed soonest practicable). If our remedies require your assistance, please assist. 


If you are aware your personal information has been or may be leaked, please notify us in a timely manner. We will use our best efforts to take reasonable measures to offer assistance. 


XIV. Privacy terms applicable to juveniles


We pay great attention to the security and protection of juveniles’ privacy and data. We will be unable to identify whether the user is a juvenile unless we are expressly notified of the same. We will neither use personal information of juveniles nor disclose personal identity information of juveniles to any third-party, if we are informed that the user is a juvenile, unless for the purpose of providing necessary and emergent help or as stipulated herein. If any guardian or interested party of the juvenile finds that there is issue of juvenile’s information involved in Our Products, please contact us via our customer service support to file complaint at [email protected] Upon verification and concluding we have the issue, we will soonest possible delete information, cancel account or respond otherwise as required. If development of relevant legislation has new demand for protection of juvenile’s privacy, we will take further action soonest possible and ensure our strict compliance in operation.


XV. Law and Jurisdiction


Flarics will provide protection to privacy and personal information according to the Privacy Policy made according to law. WHEN YOU BROWSE OR USE OUR PRODUCTS, YOU AGREE THAT YOU (AND YOUR ACT OF BROWSING AND USING) WILL BE REGULATED BY THE PRC LAWS AND YOU CONSENT TO JURISDICTION OF THE PRC COURT. THE PARTIES AGREE THAT THE RELEVANT DISPUTE SHOULD BE FIRST RESOLVED THROUGH NEGOTIATION, FAILING WHICH, IT IS TO BE SUBMITTED TO THE COMPETENT COURT AT Flarics’S DOMICILE. 


XVI. Risks and exemption


If your personal information or privacy is leaked due to any of the following causes, we will use our best efforts to remedy or assist you, provided, however, that you shall agree that we are not liable for: 


1. Information divulged due to computer virus, trojan and hacker attack; 

2. Personal information divulged because you tell your password to others, cause others to have your password, or share a registered account with others; or

3. Any other divulgence of personal information not caused by reason of Flarics.


XVII. Storage of personal information


The information we collect may be stored and processed by Flarics or its affiliates or service providers through their servers. As Our Products can be downloaded and used by users worldwide, the servers may be located in China (for the purpose of this clause, excluding HK, Macao and Taiwan) or other country/region based on the need of providing the service. 


XVIII. Special provisions applicable to certain country/region


Regarding the personal information collected and generated in China (for the purpose of this clause, excluding HK, Macao and Taiwan), we will comply with the PRC Cybersecurity Law on cross-border transfer of personal information and important business data by operator of key information infrastructure. 


In Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan, Our Products and services will comply with all applicable legal provisions of each of the regions including but not limited to the HK Personal Data (Privacy) Ordinance. 


In the circumstance where the EU General Data Protection Regulation applies to the services provided by us, we commit that you will in addition have the relevant rights and interests under the Regulation including but not limited to right of access to data (you have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, where they are being processed and for what purpose they are being processed), right to data portability (under certain condition, we will provide to you or another designated data controller upon your request your data in the form stipulated by the Regulation), right to erase (under certain condition, we will erase all personal data concerning you without undue delay upon your request).


In the United States, Our Products and services will comply with all applicable legal provisions including but not limited to the US Privacy Act, the US Electronic Communications Privacy Act and the US Children's Online Privacy Protection Act. 


If your rights and interests under the applicable legal provisions differ from what is stipulated herein, that part of the applicable legal provisions prevails, provided, however, in case the abovementioned legal provision conflicts with the mandatory provision under the governing law of the Privacy Policy, we will on the premise of abiding by the mandatory provision, comply with the applicable legal provision to the extent possible.


XIX. Severability


If there is anything herein contradicting the legal provisions applicable to it, the legal provisions prevail over the contradicting part. If there is anything not covered hereunder, the applicable legal provisions will fill in and govern.


If any clause or part of the Privacy Policy is declared or ruled according to applicable law unlawful, invalid or unenforceable, the other clause or other part of the Privacy Policy shall not be affected. The Privacy Policy is to be interpreted with the unlawful, invalid or unenforceable clause or part being deleted.


XX. Implementation of Privacy Policy


We will regularly inspect the implementation of the Privacy Policy. If you have any questions, suggestions, complaints or reports about our Privacy Policy, please contact us at the e-mail address with the e-mail subject: Issues about Privacy Policy. 


We pay high level to attention to your information security and specially have a commission of information security, which leads and coordinates relevant departments in handling information security and inspects our company’s risk level of information security on a periodical basis; in the meanwhile, the head of the commission will be the Data Protection Officer whose duty includes guarantee of our company-wide performance in fulfilling the commitment of information security, etc.



Flarics Terms of Service


Updated March 19 2021


By using the Flarics Apps, QR Scanner App service and other related apps, you waive certain rights to participate in class actions and you agree to resolve disputes with Flarics, Inc through binding arbitration (not in court and with very limited exceptions)


Flarics Inc. (“Flarics”, “our”, “we”, “us”) provides its apps and services (collectively known as “Services” or “services”) subject to the following Terms & Conditions which we reserves the right to amend from time to time. To use and access our apps and services, you must agree to the Terms of Services by you, your heirs and assigns (collectively , “you”) and are entering into a legally binding contract with us. If you do not agree to our Terms of Service, you should not use our apps and services.


When you use our apps and Services, you are subject to our privacy policies incorporated into this Terms and Services for your convenience. Any third party services or features provided through our Services, you agree to abide to the third party terms as well.

 

1.              Changes to the Terms of Service

We can choose and reserve the right to change all or portions of the Terms of Service at any time without notice to you. You agree to visit the Terms of Services periodically to keep abreast and updated on any changes. Any changes will be marked by an update to the last revised date. If you continue to use the service after any revised updates, it is deem that you have agreed to the new Terms of Services. You are responsible to check the Terms of Service regularly for any changes.

 

2.              Access and Use of the Service

 

    A.         13 years and above: You must be 18 years and above to use the Service or you have reviewed the Terms and Service with a parent or guardian and who have agree to the Terms of Service on your behalf and takes full responsibility for its compliance. You cannot use the Service if you are under 13 years old.

 

   B.        Changes to Service: Flarics reserves the right to change temporarily or permanently, the Service in whole or in parts with or without notice. If the Service is modified, suspended or terminated, you agree that Flarics will not be liable to you or any third party.


    C.     Storage of Data and Numbers: Flarics is not liable or responsible for any deletion or failure to store any data, texts, numbers, conversations, lookups, recordings. Flarics reserves the right to store or delete any data or content on our servers and we can choose to store any data as short or long as is needed and we can terminate or delete accounts and data when they are not used or inactive for an extended period of time determined by us. By using the Service, you agree that the collection, processing of your information, storage and any international transfer will be governed by our Privacy Policy.


    H. Payment Plans: Flarics can choose to offer subscription plans for its app and services. These subscription plans pricing will be shown before you enter in your iTunes, Google Play or other payment information. If you subscribe to any plans, you acknowledge that these plans will auto renew every period such as monthly or yearly depending on the subscription plan you choose. The payment will be billed for the subscription either through your credit card or through your intermediary provider such as iTunes, Google Play, or a similar app store (the “AppStore”). All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. Credit card payments are processed by a third party payment processor and if your credit card is not processed in a timely period for whatever reason, your subscription plan may end and the service associated with the subscription will terminate. You are still responsible for any past due amounts yet to be paid. 


If you cancel your subscription, you are still able to use the Service till the end of the period as long as the subscription for that period has been fully paid for. You can choose to cancel your Subscription any time. We reserves the right to change or discontinue any aspect of the subscription plan with regards to pricing, recurring periods, free trials and others. Flarics also offers payment plans that are non-recurring and not subscription based.


3.              Conditions of Use

 

A.    User Conduct:  You agree to use our Services responsibly and Flarics is not liable for any damages whatsoever for any activities that you conduct through our Service. Flarics does not permit illegal activities, unlawful, harassment, phishing and other damaging activities and we reserves the right to investigate and seek legal action against anyone using our Service for such purposes. These can include terminating, suspending and banning the use of your service and reporting you to law enforcement authorities. The following examples are prohibited activities but they may not be limited by the listed activities below:

We are not obliged to monitor your use, access and content but have the right to do so to make sure that the Service is used appropriately and in compliance with all laws national and international. We also reserve the right to terminate or disable access to you or anyone that we think disrupt or damage the integrity of our Service.


B.    Law Enforcement:  You acknowledge that your use of the Service will not violate any laws whether local, municipal, state, national or international and the rights of any third party .You acknowledge that we are obliged to share and disclose information to law enforcement organization and government if required to so by law. We are not obliged to disclose affected users especially when the laws forbid us to do so. 


D.  Software Policies:  You agree not to distribute, license, perform, reproduce, copy, duplicate or create derivative work, resell or transfer the software for any commercial purpose including any portion of the Service and access to it. Any Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. By downloading the App or Software or the use of any Web based app,  you are using it as your sole risk and will obey all laws with regards to usage, online conduct and content. You will not copy, reverse engineer and hack any source code, API or binary as associated with the App and Service. The Service and Software may use third party content , APIs or software and we will not be liable for any such content or errors as a result of the use of this third party software. Any content created, held or transmitted through the Service will grant Flarics and its Affiliates a nonexclusive, worldwide, royalty free, fully paid up and transferable rights for the purpose of enabling and operating the Service. If you infringe on any copyright as a result of the content, we reserve the right to terminate access to the Service and will not be liable for any copyright issue except to remove the content when an infringement is reported.


 

4.              Indemnity and Release

You agree to release, indemnify, defend and hold Flarics and all its affiliate, officers, executives, employees, directors and any agents associated with Flarics against any and all losses, liabilities and any damages including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of the use of Flarics Service or Content in connection with using the Service or any violation of any law.


If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

5.              Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Flarics EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Flarics MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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, OR (IV) THE QUALITY OF ANY COMMUNICATION, BLOCKING, CONVERSATIONS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

6.              Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Flarics WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Flarics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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 OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR CHANGE OF YOUR COMMUNICATION TRANSMISSIONS, ACTIVITIES OR CONVERSATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Flarics TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Flarics  IN THE LAST ONE(1) MONTH, OR, IF GREATER, TWENTY DOLLARS ($20).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

7.              Binding Arbitration


PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT


 A.         Federal Arbitration Act.  The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.


B.             Initial Dispute Resolution: You can email [email protected] to address any concerns you may have regarding the Service. Our customer service will try its best to resolve most issue and troubleshoot most problems with the service quickly to our customer’s satisfaction. Both parties will enter into a good faith negotiation to settle any dispute, issues, claims or disagreement in using the service before initiating a lawsuit or arbitration.


8.           Class Action Waiver


PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology on or through the Service.  

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California.


This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Flarics, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability), and/or the Service, and/or any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.


 

9.           Reporting issues, complaints and violations


To report any issues, complaints and violations, please contact us at [email protected]