Last Updated July 1, 2022
1. Introduction and what these terms do
1.1 Who we are
Flinke.io is a site and Service that provides an end-to-end platform for eCommerce businesses to manage their Operations. The Site and Platform are owned, and the Service is provided by Flinke Ltd (“Flinke,” “us,” and “we” below), Company Number 13664513, a limited company registered in England and Wales. You will find us at our office address, Flinke, SetSquared Innovation Center, Broad Quay, Bath, BA1 1UD. You can also find out our registered office address at Companies House.
To contact us, please email email@example.com or use our chat support feature. You can also contact us through the office telephone at +447700161532; we are happy to engage with you via online video chat if needed.
1.2 When these terms apply
These Terms of Service (“Terms”) apply when you (“your” and “User” below) create an account to use any features, services, products, or tools (together, the “Services”) offered by Flinke or use our website (“https://www.flinke.io” or the “Site”).
If you do not accept or agree with these terms, please discontinue the use of our Site and our Services. If you have proceeded to pay any of our fees and commence using services, we will consider that you have accepted these terms in full.
1.3 Terms subject to change
Please note that we may change, modify, add, or remove sections of these Terms from time to time. We will post any changes to our Site by updating these Terms, but we may not make any separate publication about such changes, so please revisit these Terms every so often, because we assume that you agree with these Terms at all material times if you continue to use our Services. The date these terms were last updated is shown at top of this page.
2. Data Protection
2.1 It’s your data
Your personal and company data is sensitive and entitled to protection. All rights, titles, and interests in your data held in the Flinke Platform are 100% yours. Any personal, company and user-generated information will only ever be uploaded voluntarily by you, and you confirm that you have obtained the necessary consent to upload any individual’s personal data to our Platform. We’ll never share or make your data or information available to anyone without your explicit permission (other than being legally required, such as by court order).
Your data is uploaded and downloaded over a secure connection; your credentials are encrypted and hashed. We don’t store (or even know) your password. Your company data and any Confidential Information you may upload to the Platform are stored securely, and only people you’ve assigned as members of your team (in addition to any persons approved under term 2.4) can access your data per the access permissions you assigned to those team members. We expect you to ensure that your team, particularly those you give Admin access to, have strong passwords, ideally different from their normal passwords used for social network site logins.
2.2 Account Creation
If you establish an account on the Platform, you are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. You agree to:
(i) log out from your account at the end of each session; and
(ii) immediately notify us at firstname.lastname@example.org of any unauthorised use of your password or user ID or any other breach of security.
You are responsible for all content that you transmit or otherwise make available to our Site and Services. Your access to and use of our services may be monitored, including but not limited to to identify illegal or unauthorized activities.
2.3 Data collection
You agree that we have the right to collect and analyze specific data points and other information gained from your company profile settings and including but not limited to interactions with our team on our chat support. This cover, without limitation, information concerning your data and data derived therefrom, and we will be free (during and after the term hereof) to
(i) use such information and data to improve and enhance the Site/Services and for other development, diagnostic and corrective purposes in connection with the Site/Services; and
(ii) to disclose such data solely in aggregated or other de-identified form in connection with our business.
2.4 Granting Flinke access for customer support purposes
Occasionally you may contact us for customer support. It may be necessary for our team to access your company’s profile page for the purpose of assistance, to enable them to see what you are having an issue with, or for them to inspect a document you have referred to. This will only happen with your implied consent to do so, such as during an active conversation between yourself and a team member on our live chat software or where it is necessary to answer a question you have asked them on email/chat support.
Once you have finished working with that team member, they will remove their access from your company’s profile. We also require our team members to regularly review the list of companies they have access to and to remove themselves from any company that they are not actively assisting to minimize the risk of any data breach.
Additionally, you also have the ability to remove our team members from your company’s profile at any time so that only those who you have permitted to have access to your data have it.
2.5 Providing platform/site feedback
If you give us feedback on the Platform/Site, for example, recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Site or the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
2.6 Phone, SMS, and email contact
If phone numbers are provided along with other contact details, you may or may not receive phone calls / SMS / emails from your account manager. You can opt out of this by emailing us at email@example.com or requesting so on the Live Chat.
3. Confidential information
In the course of assisting you with one of our Services, both of us understand that the other party has disclosed or may disclose business, technical, financial, or other confidential, sensitive, or proprietary information relating to their business (“Confidential Information”). Confidential information includes non-public information regarding features, functionality, and performance of the Service, non-public information data provided by you to us to enable the provision of our Services based on the circumstances under which it was disclosed, and a reasonable person would believe to be confidential. Both of us agree:
(i) to take reasonable precautions to protect such Confidential Information; and
(ii) not to use (except in the performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information.
The foregoing provisions will not apply with respect to any information that any of us can prove:
(a) is or becomes generally available to the public;
(b) was in its possession or known by it prior to receipt from the other party;
(c) was rightfully disclosed to it without restriction by a third party;
(d) was independently developed without the use of any Confidential Information owned by the other party; or
(e) is required to be disclosed by law.
4. Proprietary Rights
We own and retain all rights, titles, and interests in and to
(a) the Services and Platform, all improvements, enhancements, or modifications thereto,
(b) any software, applications, inventions, or other technology developed in connection with our Services or support or the Platform, and
(c) all intellectual property rights related to any of the foregoing, including but not limited to all text, published material, document creation “flow,” sound, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Platform and any related Services.
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You will own all rights, title, and interest in and to your personal data and Confidential Information.
No rights or licenses are granted except as expressly set forth herein.
5. Term and Termination
5.1 Term of agreement
Subject to earlier termination as provided below, our agreement under these Terms is for the Service Term specified in the plan you signed up for. Upon expiry, the plan may auto-renew (if applicable), or you may sign up for additional Services as made available on the Platform at that time.
5.2 Termination rights
In addition to any other remedy, either party may terminate our agreement under these Terms upon thirty (30) days’ notice. For any material breaches of these Terms, we may terminate our agreement with you with immediate effect. You will pay in full for the Services that you contracted for. Upon any termination, your documents and data will be stored by us for a reasonable amount of time following the non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for its deletion. As such, we recommend you download your documents and data before your decision not to renew your subscriptions, so you have your own copy of that information should you need them outside of being a Flinke Client.
Some of the terms in our agreement will continue to be enforceable, even after termination, including, without limitation, the right to be paid, confidentiality obligations, warranty disclaimers, and limitations of liability.
5.3 Effect of choosing not to renew your subscription service term
If you choose not to renew your subscriptions, you will be unable to access documentation and data that you have created until you re-subscribe for the relevant subscription service. Your documents and data will be stored by us for a reasonable amount of time following the non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for its deletion. As such, we recommend you download your documents and data before your decision not to renew your subscriptions, so you have your own copy of that information should you need them outside of being a Flinke Client.
6. Representations & Warranties
By entering into an agreement under these Terms on behalf of a company or other legal entity, you represent that you have the appropriate authority to bind such entity and its affiliates to them. In which case, the terms “you,” “your,” and “user” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the Terms, you must not accept any agreement under these Terms and may not use the Platform or our Services.
6.2 Appropriate use
You confirm that:
(i) you are over 18 years of age;
(ii) are only using the Platform/Site for your own personal use or as a person with
(iii) appropriate authority on behalf of a company or other legal entity;
(iv) that you comply with all applicable laws, rules, regulations, and court orders;
(v) that you adhere to all our published policies then in effect.
Should you not be able to confirm the above, you must stop using the Platform/Site and our Services immediately.
You warrant that you will not, directly or indirectly:
(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation, or data related to the Services (“Software”);
(ii) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorized within the Services);
(iii) use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party;
(iv) introduce or permit the introduction of any virus into our IT systems;
(v) access all or any part of our Platform/Site or Services in order to build a product or Service which competes with us or remove any proprietary notices or labels.
6.4 Our license to you allows you to use our materials
With respect to any contracts, documentation, forms, or any other material obtained through, exported, or created for you by the Flinke Site or Service (the “Materials”), we hereby grant you a non-exclusive, non- transferable, non-sublicensable license to use such Materials only in connection with the Services.
6.5 Our indemnity to you
We will indemnify you and hold you harmless against any claims by third parties resulting from any alleged infringement by the Service of any UK patent or misappropriation of any trade secret, provided we are promptly notified of any and all threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over the defense and/or settlement; We will not be responsible for any settlement we do not approve in writing.
The foregoing obligations do not apply with respect to portions or components of the Service.
(i) not supplied by us,
(ii) made in whole or in part in accordance with your specifications,
(iii) that are modified after delivery by us,
(iv) combined with other products, processes, or materials where the alleged infringement relates to such combination,
(v) where we continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or
(vi) where your use of the Service is not strictly in accordance with these Terms.
If due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by us to be infringing, we may, at our option and expense.
(a) replace or modify the Service to be non-infringing, provided that such modification or replacement contains substantially similar features and functionality,
(b) obtain for you a license to continue using the Service, or
(c) if neither of the foregoing is commercially practicable, terminate our agreement under these Terms and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.
6.6 Your indemnity to us
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action howsoever arising as a result of an alleged violation of these Terms or otherwise from a User’s use of the Materials or Services.
7. Disclaimers & Limitation of Liability
7.1 Limitation of liability
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our team and for fraud or fraudulent misrepresentation.
Notwithstanding anything to the contrary, We and our officers, affiliates, representatives, contractors, and employees will not be responsible or liable with respect to any subject matter of these terms related thereto under any contract, negligence, strict liability, or other theory of liability:
(i) for the use of the platform/Site or services or error or interruption of use of the platform/Site or services; error
(ii) For loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services, or technology or loss of business;
(iii) For any indirect, exemplary, incidental, special, or consequential damages;
(iv) For any matter beyond our reasonable control;
(v) For any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to us for the services under these terms in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.
7.2 Allocation of Risk
These Terms fairly allocate the risks between us, on the one hand, and you, on the other. You acknowledge and agree that the pricing of our Services reflects this allocation of risk and the limitation of liability specified herein and that we would not enter into this agreement without such allocation and limitation.
7.3 Cannot guarantee uninterrupted Service
While we do not guarantee that our Platform/Site or any Services available through it will always be available or be uninterrupted or error-free, we will use reasonable efforts consistent with prevailing industry standards to maintain the Platform/Site in a manner that minimises errors and interruptions in the Platform/Site and our Services. We will perform Platform/Site updates professionally and efficiently. The Platform/Site may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance or because of other causes beyond our reasonable control, but we will use reasonable efforts to communicate this via social media channels or on our Site, and we will aim to provide (where possible) an estimated time by which the Platform and Site will resume their normal Service.
7.4 Disclaimer of warranties
Except as expressly provided herein, neither party makes any warranties of any kind, whether express, implied, statutory, or otherwise, and each party refuses explicitly all implied warranties, including any warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising of course of dealing, course of performance or use of trade to the maximum extent permitted by applicable law. Our services are provided to you strictly on an “AS IS” basis. We shall have no responsibility for determining that your proposed use of our platform/site or services complies with applicable laws and regulations in your jurisdictions(s). You acknowledge and agree that no advice or information, whether oral or written, provided by us will create any warranty or condition not expressly stated in this agreement.
7.5 No claims against individuals
You agree to bring any claim (including negligence) in connection with any services only against us and not against any individual, however, described.
We have professional indemnity insurance in place to cover claims in connection with the Platform/site and/or related Services, as well as in relation to consultancy services performed in relation to our Services.
If you are reading this section, you are probably unhappy. So, first things first, we are very sorry.
We want all of our users to have a fantastic experience when using Flinke, so when we hear that we have not provided a service to that standard, we want to do all that we can to make things right.
We hope that most matters can be resolved either through our live chat support, through an email, or through video-chat conversations with one of the members of our team. However, we appreciate that some matters sometimes require further escalation. That is what this section is for. Should you find that you need to make a complaint, we can assure you that it will be addressed swiftly, fairly, and efficiently so that we can find a resolution as quickly as possible.
If you have a complaint, we ask that you do the following:
(i) Write an email addressed to firstname.lastname@example.org
(ii) Add your company name(or the account that the complaint relates to on the Platform) instead of [Company Name] in the subject line
(iii) In the body of the email, please describe as much as possible the nature of the complaint, including when the issue happened and who you had been dealing with in our team
(iv) After you send your complaint email, you will receive an acknowledgment email from us within three business days.
(v) A senior member of our organisation will review the complaint and will respond within a few days (no later than five business days from your acknowledgment email). This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate. You consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. The failure to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Our agreement under these Terms is not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties. It supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. All waivers and modifications must be in writing and signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
All notices under these Terms will be deemed to have been duly given when received or transmitted by email the day after it is sent.
Our agreement under these Terms will be governed by the laws of England and Wales, and we both agree to the exclusive jurisdiction of the courts of England and Wales.