EULA for iFlynax App
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 iFlynax Application (”Application”). You are allowed to use iFlynax Application conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Use of License
Despite the fact that iFlynax application might have your label/brand and contain listings fed from sites powered by Flynax it is delivered as an Online Service and Flynax Company retains all copyrights contained herein.
As a condition of your use of iFlynax Application, you guarantee the Company that you will not use iFlynax Application for any purpose that is unlawful or prohibited by this EULA.
iFlynax Application is non-refundable once compilation of iFlynax Application for you site has been initiated by Flynax Team.
The Company shall fix all bugs that you might encounter when using iFlynax Application. In this case you shall provide your Apple account details. Refusal to provide account details shall be deemed to be a voluntary waiver from bug fixing.
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 iFlynax Application is offered, and inform you about changes at http://www.flynax.com/support/forum/.
The Company has the right to increase fees associated with recompiling and customizing iFlynax Application 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 reject iFlynax Application under your Apple account.
Privacy and Confidentiality
When recompiling or customizing iFlynax Applicaiton some of your information might be exposed to the Company.
The Company is committed to protecting your privacy and guarantees that personal information transmitted to the System, including without limitation your Apple account details, will not be disclosed to any third parties.
Flynax Company may also contact you using the information you provided to, for example, provide technical support, 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.
Termination of EULA
Flynax Company may terminate the EULA, unregister your iFlynax Application under your account, and cancel all rights granted to you under the EULA if: (i) you or anyone using any of your Accounts materially breaches the EULA, or infringes the rights of Flynax Company; or (ii) Flynax Company becomes aware of activities under your account that are, in Flynax opinion, inappropriate, illegal or in violation of the EULA. Such termination shall be effective upon notice transmitted to you by email. 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.
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 an iFlynax License in case of such termination.
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 iFlynax application, with the delay or inability to use iFlynax Application, the provision of failure to provide services, or for any information, products, services obtained through iFlynax Application, or otherwise arising out or in connection to use of iFlynax Application, 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 Application 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.