Terms of Service Agreement

1. Introduction

This Terms of Service Agreement (the "Agreement") is entered into between Flake Technologies BV, a Belgian limited liability company, registered with the Crossroads Bank for Enterprises under number BE0786207467, having its registered office at Salesianenlaan 108 Bus 303, 2660 HOBOKEN, Belgium, hereinafter referred to as "we," "us," or "our," and any individual or entity accessing or using our subscription-based software as a service (SaaS) product and related services (collectively, the "Service").

By accessing or using the Service, you expressly acknowledge and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with any part of these terms, please refrain from using the Service.

2. Services Provided

We hereby grant you a limited, revocable, non-exclusive license to access and use our subscription-based SaaS tool for its intended purpose. The Service is provided on an "as-is" basis, and we reserve the right to modify, suspend, or terminate the Service at our sole discretion. Your access to the Service is contingent upon your acceptance and compliance with the terms outlined in this Agreement.

3. User Registration and Account

In order to access certain features of the Service, you must complete the registration process, providing accurate, current, and complete information. By registering, you affirm that you are of legal age and have the legal capacity to enter into this Agreement. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use or any other breach of security.

We reserve the right to suspend or terminate your account, refuse any and all current or future use of the Service, or pursue any other remedy available under law if we suspect any fraudulent, abusive, or illegal activity.

4. Subscription and Payment Terms

By subscribing to the Service, you agree to pay the applicable fees as per your chosen subscription plan. Subscription plans, features, and pricing details are available on our website and are subject to change at our discretion. Payments are due monthly or annually and are non-refundable. You may cancel your subscription at any time, and such cancellation will be effective at the end of the current billing period with no refunds issued.

Failure to pay the required fees may result in the suspension or termination of your access to the Service. We reserve the right to pursue any legal remedies available to us in case of non-payment.

5. Intellectual Property

The Service, including its original content, features, and functionality, is and will remain the exclusive property of Flake Technologies BV. The Service is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-transferable license to use the Service for its intended purpose, and no other rights or licenses are granted, whether by implication or estoppel.

Any use, reproduction, or distribution of the Service not expressly authorized by this Agreement is strictly prohibited and may result in civil and criminal penalties.

6. Data Privacy

We are committed to protecting your privacy and handling your personal data responsibly. Our data processing practices are detailed in our Privacy Policy, which forms an integral part of this Agreement. By using the Service, you explicitly consent to the collection, processing, and storage of your personal data as described in the Privacy Policy.

We implement reasonable security measures to protect your data; however, we cannot guarantee the absolute security of any information transmitted to or from the Service. You acknowledge and accept the inherent security risks associated with the use of online services.

7. Limitation of Liability

In no event shall Flake Technologies BV, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. This limitation of liability applies to any claims, losses, or damages arising out of or in connection with your use of the Service, including but not limited to errors, omissions, interruptions, or any other inaccuracies in the Service.

You agree that the aggregate liability of Flake Technologies BV arising out of any kind of legal claim arising out of or related to the Service shall not exceed the amount you paid to us for the use of the Service during the twelve (12) months preceding the claim.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Belgium. Any dispute arising out of or in connection with this Agreement, including disputes regarding its existence, validity, or termination, shall be resolved through arbitration in accordance with the rules of the Belgian Centre for Arbitration and Mediation. The place of arbitration shall be Antwerpen, Belgium, and the language of arbitration shall be Dutch.

You expressly waive any right to a trial by jury or to participate in a class action lawsuit. Any arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

9. Refund Policy

We understand that circumstances may arise where you might seek a refund for your subscription fees. Our refund policy is as follows:

• Refunds will only be issued in cases where the user encounters technical issues that prevent the proper use of the service, and after reasonable efforts from our support team to resolve such issues.
• Refund requests must be made within 30 days of the initial subscription purchase. To request a refund, you must contact our customer support team at support@flake.gg and provide detailed information about the technical issue experienced.
• Refunds will be issued at our sole discretion, and we reserve the right to deny refund requests that do not meet the specified criteria. Any refunds approved will be processed within a reasonable timeframe, typically within 7-14 business days.
• Refunds will be issued using the same payment method used for the original purchase. Once a refund is issued, your access to the service will be terminated, and you must cease using the service immediately.

This refund policy is in addition to any statutory rights you may have under applicable laws. We reserve the right to modify this refund policy at any time without prior notice. By using our service, you agree to abide by the terms of this refund policy. If you do not agree with any part of this policy, please refrain from using the service.

If you have any questions or concerns regarding our refund policy, please contact our customer support team at support@flake.gg.

10. Modifications to Terms of Service

We reserve the right to modify, suspend, or terminate the Service or these Terms of Service at any time. Users will be notified of material changes to the Terms of Service via email or through the Service itself. Your continued use of the Service following such changes constitutes your acceptance of the modified terms.

We encourage you to review the Terms of Service regularly to stay informed about any updates or changes. Your continued use of the Service after the effective date of any modifications indicates your acceptance of the modified terms.

11. Contact Information

For any inquiries regarding these Terms of Service, please contact us at admin@flake.gg. Correspondence related to legal matters should be sent to our legal department at admin@flake.gg.