Flashy Terms Of Use

Welcome to Flashy. Use of the Services, Website and/or Application of Flashy is governed by the Terms of Use set forth. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES, WEBSITE AND/OR APPLICATION. IN USING THE SERVICES, WEBSITE AND/OR APPLICATION YOU STATE THAT YOU HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.

TERMINOLOGY AND INTERPRETATION

The following terminology applies to these Terms of Use ("Terms of Use"), Privacy Policy and any or all agreements: Flashy (“Flashy”, "we" or "us") refers to the business. The website of Flashy (the "Flashy Website"), the management platform of Flashy accessible through Flashy Website or otherwise (the “Platform"), the Flashy features implemented in your website (the "Features"), the CRM Tool, The Mailing Tool, The Text Messaging Tool, the Automation Tool and Pop-up Tool (the "Tools") and all content, features, services, information, tools and functions included in the Website and/or Platform and/or Features and/or Tools are all part of the services available and provided by Flashy (the “Services”). "User", "You" and "your" refers to you, the person and/or company accessing and using the Services and accepting Flashy's Terms of Use. "Party" or "Parties", refers to both you and Flashy, or either you or Flashy. "Client" or "Clients" refers to your end-clients, including any person using the website in which you implement the Features ("Your Website"), any person whose email address, telephone number or any other personal information is added by you to the Platform and/or used by you within the Platform, and any person in respect of which you use any of the Services. All terms which refer to the offer, acceptance, consideration, payments or any means taken for the express purpose of meeting the user's needs in respect to the Services, are in accordance with and subject to the applicable law and jurisdiction as defined below. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable.
Our Services offer you advanced Tools to manage your Clients, track their activity in Your Website and interact with them. Our Tools include the following:

The CRM Tool – this service allows you to build, store and manage a database of your Clients (the "Database") within the Platform. You may import your list of Clients and their personal information into the Database, insert manually each Client and their personal information, and/or use the Features to enable your Clients to register themselves into your Database. You may further track and log in the Database activity data of Clients using Your Website, through implementation of our code in Your Website, such as pages visited, searches performed and purchases made (the "Activity Data"). You can use the Activity Data to customize our Services and target specific Clients in any of our Tools, such as targeting your Email Campaign only to Clients who visited a specific product page in Your Website.
The Mailing Tool – this service allows you to prepare customized email messages, and send your email message in bulk ("Email Campaign") to all or any of your Clients whose email address is stored in the Database. This Tool allows you to track how many Clients opened your email, how many of them clicked each link in your email, how many of them reported your email as spam and how many of them requested to unsubscribe from your email notifications.
The Text Messaging Tool – this service allows you to prepare customized text messages (SMS), and send your text message in bulk ("SMS Campaign") to all or any of your Clients whose mobile telephone number is stored in the Database. This Tool allows you to track how many Clients opened your text message, how many of them clicked each link in your text message and how many of them requested to unsubscribe from your SMS notifications.
The Automation Tool – this service allows you to create automated rules to trigger email messaging and/or text messaging to Clients, based on Activity Data collected from your Clients through Your Website. For example, you may create a rule triggering an email message to each Client that added a product to cart in Your Website but did not complete the purchase, or email message confirming a purchase has been completed.
The Pop-up Tool – this service allows you to add pop-up notifications to Your Website, through implementation of our code in Your Website, to offer your Clients register to Your Website, follow specific links, or inform them of anything you want.

By approving these terms or by using or accessing the Services, you agree to follow the terms and provisions as outlined in these Terms of Use and Privacy Policy, which apply to any use of any of the Flashy Services, both now and in the future. Flashy may, at any time, change, edit, revise or update the Terms of Use of its Services, the Website and/or App, without obtaining Your consent and without giving a prior notice.

These Terms of Use convey a limited right to use the Services, including Flashy and/or Website and/or Platform and/or Tools. The rights granted by these Terms of Use are limited to those expressly stated herein and no additional rights are granted by implication or otherwise.

You are encouraged to periodically visit this page to review the most current Terms of Use and Privacy Policy by which you are bound by visiting https://www.flashyapp.com and/or using any of the Services. If you do not agree to these Terms of Use, please do not use any of the Services.

YOUR USE OF THE SERVICES

As a condition of your use of the Services, you agree to the foregoing and you represent and warrant that:

You have reached the age of 18;
You are able to create a binding legal obligation and that you have a bank account and/or payment method under your name;
You are not barred from receiving products or services under applicable law;
You have the right to provide any and all information you submit to Flashy, and all such information is accurate, true, current and complete, including, but not limited to your name, date of birth, payment information, ID and email address;
You will update and correct information you have submitted to Flashy and ensure that it is accurate at all times (out-of-date or false information will invalidate your account);

You represent and warrant that are no restrictions, limitations, contractual or statutory obligations or restrictions or any other factor whatsoever which prevents or restricts from using the Services and/or providing us with information for the purpose of the Services;
You represent and warrant that You own all the rights including the Intellectual Property Rights (as will be defined herein) in any content you provide and/or use in connection to the Services.
You are responsible for updating and correcting information you have submitted to create or maintain your account. You understand and agree that Flashy shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and for any activity that occurs under your account.
You acknowledge and agree that any material and/or information you provide us in connection with our Services, including without limitation any inquiries, questions, comments, suggestions and/or ideas (“Feedback”) are non-confidential and Flashy will become the owner of all rights in any Feedback, including, without limitation, all intellectual property rights. Flashy will be allowed to make any use of any Feedback for any purpose, without being required to include any attribution or provide you with any compensation.

YOUR CLIENTS

You hereby represent that any email address, phone number or any other personal information you use in connection with the Services, is treated in accordance with our Privacy Policy and compliant with the EU General Data Protection Regulation (GDPR).
You hereby represent that any email address, phone number or any other personal information You use in connection with the Services was provided to You willfully and knowingly by the owner of such personal information, and You are using any personal information provided to You only for the purposes for which the owner of the personal information has provided it to You.
You acknowledge that sending communications by means of email correspondence and/or text messaging (SMS) without obtaining the recipient’s prior consent to receiving such communication, including consent to the particular type and nature of the communication, is illegal in many countries. You hereby undertake to ensure each communication you intend to send to each Client using the Services does not violate any applicable law in the country of that Client, in terms of the content, type and nature of the communication.
Regardless of any applicable law, you hereby undertake to obtain the explicit prior consent of each Client to any communication you are sending to such Client using the Services, and in specific, consent to the type and nature of the communication you are sending to such Client. You undertake to refrain from sending any communication using the Services to any Client without having obtained that Client's prior consent to the particular type and nature of that communication.
You hereby represent that you have notified Your Clients and received their informed consent to Our and Your use of any information collected from Your Clients in connection with our Services, and in specific, to Our use of Your Clients' information as elaborated in sections 2.2 (The Information we Collect and/or Process), 3.2 (How We Use Information), 4 (Sharing of Information), 5 (Third Party Links or Services), 6.2 (Legal Basis for Processing), 7.1 (Security), 8 (Use of Tracking Technologies), 9 (International Transfers) and 10 (Other Data Rights) to our Privacy Policy.
You hereby represent Your use of our Services complies with our Terms of Use, Privacy Policy, the EU General Data Protection Regulation (GDPR) and any other applicable laws.
These conditions apply to the use and access of the Services through a computer or any other communication device (including, but not limited to mobile and cellular phones, PDA's and other various End-User devices). These Terms of Use also apply to the use of the Services through the internet or any network or other means of communication.

SERVICE USAGE RESTRICTIONS

You hereby represent and warrant that in Your use of any of the Services, You or anyone acting in your behalf will not:

Harass, "stalk", threaten, abuse, defame or violate in any other way the legal rights of others.
Send, upload, publish, post, or collect any material that is defamatory, indecent, violent, harmful, pornographic, racist, inciting, inappropriate or unlawful.
Send, upload, publish, post, or collect any material that is libelous, an invasion of privacy or of any other third party rights in any way, including through any software, instrument, accessory, websites, apps or communication protocol, including advertisements and commercial content.
Make any use of the Services that may mislead your Clients or any other consumers.
Forge, manipulate or otherwise disguise the origin of any content provided as part of the Services or improperly assume or claim the identity, characteristics or qualifications of another person.
Sell, license, sub-license, lease, assign, transfer, pledge, or share any of the Services provided by Flashy with any third party;
Modify, disassemble, decompile, reverse engineer, revise or enhance any or all parts of the Services or create any derivative works or otherwise merge or utilize all or any parts of the Services or attempt to discover any or parts of the Services' source code;
Send, upload, publish, post, or collect any material that may infringe any of Flashy's rights, including but not limited to, intellectual property rights such as trademarks, copyrights, trade secrets, designs, patents, patent applications or any other proprietary rights.
Send, upload, publish, post, or collect any material that may infringe any third party's rights, including but not limited to, intellectual property rights such as trademarks, copyrights, trade secrets, designs, patents, patent applications or any other proprietary rights.
Send unsolicited bulk email messages.
Copy, print, display, publish or transmit any or all parts of the Services.
Make changes, copy, distribute, transmit, display, perform, reproduce, publish, issue a license, create derivative works from, interfere with or disrupt, sell an item, information, software, or products to or through any of the Services provided by Flashy.
Interrupt the Service, servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations connected to the Services.
Violate any applicable national or international law, regulations and guidelines including, but not limited to, applicable ICANN (Internet Corporation for Assigned Names and Numbers) regulation or policy.
Send, upload, publish, post, or collect any material that may constitute a criminal offense, give rise to civil liability or violate any state, local, national or international law.
Collect or "harvest" information about any other person, including, but not limited to any person's e-mail addresses, telephone numbers, addresses or any other personal information.
Operate, allow the operation of, send or upload any application, program or any other means or measures, including but not limited to Worms, Crawlers, Viruses, Trojan horses and Robots, for searching, scanning, copying or automatic retrieval of content from the Website.

You acknowledge and agree that Flashy upon violation of any of the restrictions stated herein, Flashy may act in accordance with the provisions stated under section 12 herein.

DISCLAIMERS

Flashy takes any reasonable effort to maintain the availability and quality of the Services in accordance with these Terms of Use, but Flashy does not guarantee the quality and availability of the Services. You agree and acknowledge that your reliance on the Services is your responsibility.
The Services are provided to you "as is" and Flashy and its service providers expressly disclaim any and all warranties and representations of any kind in respect to the subject matter of these Terms of Use, including without limitation, any warranties that the Services are fit for any particular purpose, that the Services will be error-free and uninterrupted, that defects will be corrected, that the Services are free of viruses and other harmful components or that Services are reliable.
No information or advice given to You by any of Flashy's representatives, whether orally or in writing, shall create any new warranties other than those explicitly stated herein nor extend the scope of same.
You agree that your use of the Services, your reliance on any material contained in the Services and accessible by these Services and any other information you may gain, use or give through the use of the Services, are at your own risk.
You acknowledge that Flashy and third party content providers, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Flashy and third party service providers are not liable for any damages, including, without limitation, direct, incidental, special, and consequential or punitive damages, in connection with or arising from your use or from your inability to use the Services.
Flashy reserves the sole right to make any changes to the Services at any time for any reason, without prior notice, without your consent and/or knowledge and without liability for such changes, including, but not limited to, taking down, changing the content, structure, appearance and availability of any of the Services.
Flashy does everything it can to ensure the credibility and accuracy of the information contained on and accessible through the Services, but it cannot guarantee reliability and accuracy of such information. If you discover inaccuracy in such information, please notify us at: ______________
Flashy gives no warranties as to the accessibility, performance or availability of any of the Services. Temporary suspension of access to the Services may occur due to various reasons, including, but not limited to, repairs, maintenance, system failures or for reasons beyond our control. Flashy reserves the right to suspend the operation of any of the Services for any reason. You agree that neither Flashy nor any of its third party service providers will be liable to you in any way for this termination, suspension, interruption, delay of any of the Services.

PAYMENTS

Your use of some or all of the Services may be subject to one-time or monthly payments. Flashy may offer You a trial period for some or all of the Services for which you will not be required to pay any or part of the payment regularly charged for such Services. However, you may be required to provide Your payment details in order to use the Services for such a trial period. In such case, insofar you are not notifying Flashy after expiration of the trial period that you are not interested in continuing to use the Services, Flashy may continue providing You with the Services for which the trial period was provided and charge you for such Services using the payment details you have provided.
Any of the payments You are required to pay in connection with the Services are charged by CBoxAGENCY, a company partnered with Flashy for the purpose of performing and processing payments. Your payments shall be made and processed by Stripe or any 3rd party service which may be used by Flashy from time to time. All payments should be made in accordance to the terms of such 3rd party service, and Flashy shall have no responsibility regarding any issue that may arise from your use of the 3rd party service.
You authorize Flashy directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provide while signing up for any of the Services.
All payments are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be solely responsible for their payments. You agree to pay Flashy any such taxes that may be applicable to your use of the Services.
If, at any time, you decline or otherwise reject the charge of any payable payments, Flashy will consider this a breach of your obligation hereunder and may automatically terminate your use of the Services.
All prices and paid Services are non-refundable unless otherwise expressly noted.

EXTERNAL LINKS

The Services may contain hyperlinks, links and embedded content and/or services that direct and/or contain information and/or services provided by third parties ("External Resources").
The External Resources are provided solely for your convenience and the inclusion of the External Resources does not imply any authorization and or a "seal of approval" for the content, data or information of any kind published in the links.
Flashy is unable to control any of the content, data, services or information of any kind that is available in the External Resources, and therefore Flashy is not responsible for such content, data, services or information.
Without derogating from the above, Flashy will not be held liable for any direct or indirect damage, caused to you or your property resulting from Your using or relying on the content, data, services or information from External Resources.

INDEMNIFICATION

You agree to defend, indemnify and hold Flashy unaccountable, as well as its partners and affiliates, together with their respective employees, agents, directors, officers and shareholders, against all liabilities, claims, damages and or expenses, notwithstanding attorney fees and costs, arising from Your use of the Services, Your failure to use the Services, Your breach or alleged breach of these Terms of Use, and/or Your breach or alleged breach of any Intellectual Property Right or any other right of Flashy or any third party.

INTELLECTUAL PROPERTY

"Intellectual Property Rights" includes any national or international, registered or unregistered rights, including but not limited to its: (a) patents, patent applications and patent rights; (b) works of authorship, including, without limitation, photography, digital arts, logos and designs, copyrights, trademarks or industrial designs; (c) trade secrets and confidential information; (d) any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired, and. And (f) All designs, texts, illustrations, implementations, source codes or any other content and/or material, visible or hidden, in the Services.
All Intellectual Property Rights (hereinafter defined) evidenced by and/or embodied in and/or attached and/or connected to and/or related to the Services ("Flashy IPR"), are and shall be owned exclusively by Flashy and/or CboxAgency, its founders, or licensors.
Flashy IPR are protected by Copyright and other Intellectual Property laws and international conventions and are in accordance with and subject to the applicable law and jurisdiction as defined below.
You are strictly prohibited from transferring and/or using any of Flashy IPR for any purpose other than explicitly specified in these Terms of Use, unless receiving Flashy's prior written consent.
Any code provided to You by Flashy for implementation in Your Website ("Flashy Code") is part of Flashy IPR, and provided to You under a non-transferable time limited license. You are allowed to use Flashy Code only in Your Website and only for the duration of the license you receive from Flashy. You not allowed to transfer any part of Flashy Code to any third party without receiving Flashy's prior written consent.

NOTICE AND TAKEDOWN PROCEDURE

It is Flashy's intent to make sure that the Services do not violate any third party, including but not limited to, Intellectual Property Rights, Privacy Rights and rights protected under Libel Laws. Flashy will process notices of alleged infringement which it receives and will take appropriate action as required by law. If you are concerned that such rights have been infringed, please let us know as soon as possible to e-mail: legal@flashyapp.com
Flashy responds to notices of alleged infringement that comply with Intellectual Property, Privacy and Libel laws ("Notice of Infringing Material"). Flashy may remove or disable access to any content and/or information provided by You or used by You in connection with the Services, that is claimed to be infringing and/or defamatory, libelous, or violating privacy rights or publicity rights, without giving You any prior notice.
When serving a Notice of Infringing Material, please define exactly what right has been infringed (such as Copyright, Defamatory or Libel, Invasion of Privacy and so forth).

Flashy may attempt to contact the person who submitted the alleged infringing content and/or material and give them the chance to respond to the allegations made against them.

ADVERTISEMENTS, COMMERCIAL AND MARKETING MATERIAL

Flashy Website and/or any other part of the Services may include commercial content such as advertisements and marketing material that may be posted on behalf of various service providers, advertisers or users, who seek to offer goods or services for sale ("Marketing Material"). Marketing Material may be expressed by text, images or sounds.
Flashy does not create, monitor, verify or edit the Marketing Material and/or the correctness and/or the appropriateness of such Marketing Material and is not responsible for any Marketing Material included in the Services. The fact that third parties are capable of posting such Marketing Material through the Services does not mean that Flashy recommends and/or encourages You to purchase the services, the goods or the anything else that may be offered in such Marketing Material. Your purchase and/or use and/or reliance on goods, services and/or any information offered and/or provided in the Marketing Material is under your sole responsibility.
Any transaction made based on or further to Marketing Material posted on the site, shall be negotiated directly between You and the relevant advertiser. Flashy shall not be a party to any such transaction and it shall not be held responsible for any of the goods and/or services offered in or purchased based on such Marketing Material.
By signing up to our Services you agree to receive Flashy offers and advertisements by email. You may unsubscribe at any time by following the instructions at the bottom of the message.

VIOLATIONS

In case You or anyone on your behalf breach these Terms of Use or the Privacy Policy, or violate any applicable law through Your use of the Services, Flashy shall be entitled and reserves the right to, immediately or any time thereafter, block Your use of any of the Services, suspend or terminate your account, and delete any or all information stored in your account, including but not limited to, any personal information of any of your Clients and their activity, your campaigns, purchases, emails and tracking data.
You agree that Flashy will not be liable for any such blocking, suspension or termination. Flashy may take one or more of the following actions, or any other actions not listed, at its sole discretion in response to the violation of any of these Terms of Use or Privacy Policy: (i) issue warnings: written or verbal; (ii) block Your use of any of the Services, and suspend or terminate your account; or (iii) bring legal action to enjoin violations, actions and/or to collect damages, if any, caused by such violations.
Flashy reserves the right to immediately suspend your use of or access to its Services at any time and at its sole discretion, should it believe that you have breached any applicable law, rule or regulation or that you have engaged in any conduct that Flashy considers inappropriate or unacceptable.
Flashy reserves the right to remove, temporarily or permanently, any unlawful or inappropriate content and/or information, or any content and/or information that infringes on third party rights.

MISCELLANEOUS

Waiver. The failure of Flashy to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Flashy.
Applicable Law and Jurisdiction. These Terms of Use are, unless expressly stated otherwise, governed by the laws of the State of Israel, without regard to the conflict of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to these Terms of Use shall be the competent courts residing in Tel-Aviv and Flashy and you hereby submit to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
Severability. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flashy without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

Survival. Upon termination of these Terms and Conditions, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Intellectual Property, Payments, Disclaimers, Violations, Indemnification and Miscellaneous.
Force Majeure. Flashy shall not be liable for delays or failures resulting from causes beyond its reasonable control, including, but not limited to, communication or utility failures, third party acts and omissions.
Entire Agreement. This and the Privacy Policy consist of the entire agreements between you and Flashy relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use by Flashy as set herein.