Terms of Service of Flockling.app
(Slack App and Website)

Last updated: January 10, 2019

These Terms of Service ("Terms", "Terms of Service") govern your relationship with https://www.flockling.app website and Flockling Slack App (collectively, the "Service", "Flockling.app") operated by Starfish and Bear Inc. ("us", "we", or "our"). Please read these Terms of Service carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

You must be 16 years of age or older to use the Service. If you are under 16 years old please do not use the Service. By using the Service and by agreeing to these Terms  you warrant and represent that you are at least 16 years of age.

If you are accepting these Terms and using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so. You must ensure that all users in your company, organization, or other legal entity using the Service are 16 years of age or older.

The Service uses cookies. By using the Service and agreeing to the Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy (https://www.flockling.app/privacy) and Cookie Policy (https://www.flockling.app/cookie-policy).

Acceptable Use

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. ​

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent. ​

You must not use the Service to transmit or send unsolicited commercial communications. You must not use the Service for any purposes related to marketing without our express written consent. ​

Subscriptions

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Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. ​

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Starfish and Bear Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Starfish and Bear Inc. customer support team. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Starfish and Bear Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Starfish and Bear Inc. to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Starfish and Bear Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

 

Starfish and Bear Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Starfish and Bear Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. ​

At any time and without notice, Starfish and Bear Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. ​

Fee Changes

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Starfish and Bear Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Starfish and Bear Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. ​

Refunds

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Certain refund requests for Subscriptions may be considered by Starfish and Bear Inc. on a case-by-case basis and granted in sole discretion of Starfish and Bear Inc.. ​

Accounts

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When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. ​

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. ​

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

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The Service and all contents, including but not limited to text, images, graphics or code are the property of Starfish and Bear Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Starfish and Bear Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

You must not: ​

Republish material from our Service (including republication on another website). Sell, rent or sub-license material from the Service. Reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose. Where content is specifically made available for redistribution, it may only be redistributed. ​

Links To Other Web Sites

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The Service may contain links to third-party web sites or services that are not owned or controlled by Starfish and Bear Inc. Starfish and Bear Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Starfish and Bear Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. ​

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

 

You agree to indemnify, defend and hold harmless Starfish and Bear Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

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Starfish and Bear Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

Starfish and Bear Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. ​

Starfish and Bear Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. ​

If you breach any of these Terms and Starfish and Bear Inc. chooses not to immediately act, or chooses not to act at all, Starfish and Bear Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Starfish and Bear Inc. does not waive any of its rights. Starfish and Bear Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. ​

Exclusions

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As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided. ​

Privacy

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By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.   Data Processing Addendum. Our Data Processing Addendum forms part of this Terms of Service, only if applicable. (See section 2. Legislation and Applicability.)

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

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If you have any questions about these Terms, please contact us at hello@starfishandbear.com. ​