Flynax Hosted Solution EULA
This End User License Agreement ("EULA") is a legal agreement between you, either represented by an individual or a legal entity, and Flynax Company ("Company"). The End User License Agreement describes the terms, conditions and notices under which you may use Flynax Hosted Package. You are entitled to use Flynax Hosted Package conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Any translation of this License done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Your account will be generated automatically and login details sent to your email once your payment is confirmed by our Company. You are responsible for remembering your Customer Area login details: username and password.
You may not share your Customer Area login details with anyone, or allow anyone other than you personally access or use your Account. Joint or shared ownership or use of an Account under different projects by more than one user is prohibited.
Transfer of Account
You are entitled to transfer or sell login details to your Customer Area and your site to another person. Transfer of Account shall be confirmed by a previous Account Owner in written form; the previous owner is required to provide the Company with full name, email, country, city and address of a new owner so that Flynax Company could update a profile of Account Owner.
Suspension of Account
Without limiting Flynax Company's rights, the Company may immediately, and without prior notice, discontinue or suspend access to the Customer Area through your Account, and any and all other Accounts that share the name, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in case of a breach of the EULA by you or any user under your Account.
Use of Software
As a condition of your use of Flynax Hosted Package, you guarantee the Company that you will not use Flynax Hosted Package for any purpose that is unlawful or prohibited by this EULA.
Flynax Company does not assume responsibility for bugs, which might result from use of third party applications, poorly compatible with Flynax Software or non-compatible at all.
You are eligible for a refund if you encountered a critical error or any other technical problem that prevented you from using the Hosted Package and if such error or problem was not resolved by Flynax Team within several days. Your eligibility for such refund is effective within a month after the purchase, during which you might encounter such problems.
You are eligible for a partial refund for services ordered from Flynax Company if it is unable to provide them due to some circumstances or if it failed to find an alternative to canceled services. The amount of refund for partly provided Services (template development and integration, hosting, support, management, customizations, seo and marketing and all other services provided by Flynax) is calculated based on the amount of services ready to be delivered (template development and integration, customizations, marketing and similar services) or already delivered over a particular time period (hosting, management, support and similar services):
- If the Company delivered less than half of agreed amount of services the amount to be retained by the Company is rounded off to 50%. In this case you will get a 50% refund.
- You are not eligible for a refund if the Company provided more than 50 per cent of services.
You are eligible for a partial refund if you, for some reason, claim a refund within the first month from the moment of purchase. The Company shall refund you the cost of the Hosted Package minus management and hosting fee (67 USD).
If you claim a refund after the first month from the moment of purchase the Company shall refund you minus the management and hosting fees and any additional sum it deems reasonable under certain circumstances in view of time and efforts dedicated to your site.
You are entitled to a one week Flynax trial version version installed on our server before purchasing the Hosted Package, which excludes possibility of being dissatisfied with the Hosted Solution and claiming a refund.
Upgrading from Hosted Solution to Software One
You are entitled to upgrade from Hosted Solution to Software one at any time by paying the difference between the Hosted Solution and the Software one. The Company shall transfer your website files to your server. You shall ensure that your hosting service meets our Software system requirements. The Company cannot be held responsible for failures associated with hosting service being unable to meet the requirements.
Flynax Management, which is support for hosted solution customers + hosting fee, is a paid service provided by Flynax Company. With the purchase of the Hosted Solution you get a month of free management, which can be further extended from the Customer Area.
Flynax Management includes guidance on the Software, which you can get through live chat, ticket system, forum, contact form and Flynax Manual, and making minor changes to the Software that take no longer than 30 minutes. Changes that take longer are regarded as customizations and need to be quoted on a case-by-case basis. Attempts to split a customization to a particular module taking more than 30 minutes into 20-30 minute changes might result in an increase in cost of subsequent customizations.
In case of expiration of your management period you cannot use live chat, ticket system or contact form except for cases when you want to have your Hosted Solution Account unsuspended.
Flynax shall fix any issues that Flynax Software might exhibit during its operation.
The Company does not provide management on the phone in order to avoid misunderstanding and ensure availability of information to other members of Flynax Team.
Flynax Management does not cover:
* Customizations to the source code, templates and plugins, which can be made by Flynax for extra charge;
* Translation to other languages.
Customizations to Flynax Software
Flynax Hosted Software can be customized by Flynax Team based on a requirements specification to be written by You. You shall ensure that a requirements specification is clear, comprehensible and structured. Flynax Team shall agree every point of a requirements specification with You before customizing your script.
When customizing your script Flynax Company will follow your requirements specification strictly. Customizations implied but not clearly specified in a requirements specification cannot be regarded as part of a requirements specification and should be quoted separately.
You shall provide a clear and structured description of customizations you want to order from Flynax Company. Before customizing the Software the Company shall clarify all doubtful points based on perception and knowledge of Flynax Team. The Company shall not be held responsible for your inability to clearly express your ideas and thoughts, nor shall the Company be held responsible for customizations made according to a poorly worded requirements specification.
Requirements specification cannot be modified without Company's consent once agreed between You and the Company. That is, adding new and modifying already agreed points of a requirements specification shall be agreed between You and the Company.
The Company, at its discretion, may either quote a modification to your requirements specification or make it at no extra charge.
Any modifications/additions to customizations already implemented and delivered according to your requirements specification shall be quoted on a case-by-case basis.
As it is impossible to set a specific deadline for a customization in view of the nature of coding the Company reserves the right either to shorten or extend a deadline.
While developing a customization the Company might ask you to answer some of its questions or provide data. The Company shall not be held responsible for falling behind a deadline in view of delayed answers or data.
After delivery of a customization you shall test it and make a list of comments, if any, backed up with screenshots.
Flynax Team shall fix bugs based on your list of comments made within an agreed requirements specification.
The Company refuses to discuss customizations to Flynax Software on the phone (skype) in order to keep track of history, ensure availability of data to other members of Flynax Team and avoid misunderstanding.
Use of third party software
Use of third party software in a development process can result in failures and compatibility issues. Flynax Company can adjust the Software to make it compatible with third party software within agreed customizations. Flynax Company reserves the right to quote on adjusting if it takes more than 2-3 hours.
Every customization made by Flynax Team is followed by debugging. Debugging is a two-sided process: the Company, on its end, shall deliver a customization and test it while You shall test a customization on your end. Debugging must be done within half a period of the time that was spent for developing a customization. Bugs and errors found after the period of debugging will be given lower priority.
The Company shall fix bugs that Flynax Software might exhibit after applying customizations.
The Company does not assume responsibility for bugs that resulted from use of third party applications. The Company, at its sole discretion, can either refuse to fix bugs, which resulted from use of third party applications or adjust Flynax Software based on an agreed quote (shall be evaluated on a case-by-case basis).
All Flynax Plugins are designed, tested and configured to run on a default version of Flynax Software. Customizations made to the source code can interfere with functionality of some Plugins causing errors and malfunctions. In this case you should be aware of such problems that you might encounter after customizing your Software. Adjusting Plugins to customized Software shall be quoted on a case-by-case basis, and cannot be regarded as part of a quote for Software customizations.
The Company, at your request, can provide you with a release candidate version of a Plugin. The Company shall inform you of implications of use of release candidate versions on your site. In no way shall the Company be held responsible for failures or issues caused by use of a release candidate version on your site.
Amendments to EULA
The Company reserves the right, at its sole discretion, to amend the terms, conditions and notices from time to time under which Flynax Hosted Package is offered, and inform you about changes at http://www.flynax.com/forum/
The Company has the right to increase monthly fees associated with support and management of Flynax Software taking into account new modifications made to the package without prior notice.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the Termination Section below.
Termination of EULA
Flynax Company may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the monthly management fee (USD67) when due; (ii) you or anyone using any of your Accounts materially breaches the EULA, or infringes the rights of Flynax Company; or (iii) Flynax Company becomes aware of activities under your Account that are, in Flynax opinion, inappropriate or in violation of the "EULA". Such termination shall be effective upon notice transmitted to you by email.
Flynax Company reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the closed Account. Termination by Flynax Company under this section shall be without prejudice to or waiver of any and all of Company's other rights or remedies, all of which are expressly retained, survive termination, and are cumulative. You will not receive a refund for a termination pursuant to this section.
Anytime You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to Flynax Company by email. You will not receive a refund for the Hosted Package in case of such termination.
Privacy and Confidentiality
The Company collects personally identifiable information, such as your e-mail address, name, home/work address and zip code.
The Company is committed to protecting your privacy and guarantees that personal information transmitted to the System, including without limitation, information in your Account, will not be disclosed to any third parties.
Flynax Company may also contact you using the information you provided to, for example, provide management, respond to your inquiries and offer products and services.
Additionally, Flynax Company may disclose information about you to law enforcement or other government officials, as Flynax Company, at its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
Limitation of Liability
The Company is not responsible for:
- Uploaded files that contain viruses, corrupted files, or any other similar software or applications that may damage the operation of your server.
- Conduct or forward surveys, contests, pyramid schemes on your website.
The Company does not control or endorse the content, messages or information found in any web pages on your website and, therefore, the Company specifically disclaims any liability with regard to any actions resulting from your activity.
The Company does not take any responsibility for development of your business, booming, slacking, business recession and bankruptcy.
Managers and technical staff are not authorized to reflect the full and official Company's point of view in particular matters.
To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, indirect, punitive, incidental, special, consequential damages, claims or costs or any lost profits or lost savings or for any claim by any third party whatsoever including, without limitation, damages for loss of use, data or profits, arising out of any way connected with use or performance of Flynax Software, with the delay or inability to use Flynax Software or related services, the provision of failure to provide services, or for any information, products, services obtained through Flynax Software, or otherwise arising out or in connection to use of Flynax Software, whether based on contract, tort, negligence, strict liability or otherwise.
Governing Law and Exclusive Forum
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Illinois, USA.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software and/or the rights and obligations of the parties hereto, shall be the District Court of Chicago, USA. You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Chicago, Illinois, USA.