Flo – TERMS OF SERVICE
Last Updated : 13 April 2017
- COMPLIANCE WITH THESE TERMS
- FLO AND FLO-RELATED SERVICES
- Flo Discovery
- CONTRACTING ENTITY
- WHO CAN USE THE SERVICES
- You must be atleast 13 years old to use the Services. If you are not legally considered an adult where you reside (as per the age of majority under the laws applicable in the concerned jurisdiction), you may only use the Services if your parent or guardian agrees to these Terms (both for themselves and on your behalf) before you can use Flo. By using any of the Services, you are accepting this Agreement and you confirm that you have the right and capacity to enter this Agreement.
- If you are using Flo on behalf of a company, partnership, association, government or other organisation (your "Organisation"), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, "You" will include your Organisation.
- ADDITIONAL TERMS AND POLICIES
- Flo policies
- Terms applicable to specific Flo features
- GIF Licence Agreement: Flo has entered into a service agreement with Tenor, INC to enhance messaging experience for the Users of Flo by providing a GIF Keyboard. Flo represents that the GIF keyboard feature shall form part of Flochat as consequence of the GIF Licence Agreement entered between the parties therein. By using the GIF keyboard feature of Flo services you hereby agree to the terms of service and all other policies as provided in Tenor Terms of Service and/or part of such other policies of TENOR INC.
- Discovery Platform Agreement: You shall have access to Flo discovery features powered by various Flo Partners. You hereby agree that you shall be a customer by default of the each service provider/ Flo Partner hosted on the Flo Platform. By agreeing to these Terms of Service you hereby expressly undertake to agree to the terms and conditions of service of each service provider hosted on the Flo platform. You expressly agree and acknowledge that Flochat is not responsible for the service delivery by any of the Flo Partners hosted on the Flo platform.
- Inconsistency in the interpretation of the Terms of Service
- Inconsistency in the interpretation of the Terms of Service vis-à-vis additional terms or policies of Flo
- "Changes to these Terms and Flo";
- "Our Intellectual Property Rights"; and
- "Liability for Flo".
- Other Jurisdiction
- CHANGES TO THESE TERMS AND Flo
- YOUR ACCOUNT
You may need to create an account with us in order to access and use Flo.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Flo remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and Flo, and (ii) all use of Flo under your account. You must promptly notify us at email@example.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on Flo as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
- Account deactivation
- YOUR CONTENT
- You will continue to own and be responsible for Your Content;
- We will not sell Your Content to any third party;
- In using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
- We may share Your Content with third parties that we work with to help provide, promote, develop and improve Flo, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Flo);
- We may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
- You will comply with these Terms, including our Flo Acceptable Use Policy, in your submission of Your Content.
- Are allowed to retain and continue to use Your Content after you stop using Flo – for example, where you have shared Your Content with other users of Flo;
- May be required to retain or disclose Your Content in order to: (a) comply with applicable laws or regulations; (b) comply with a court order, subpoena or other legal process; or (c) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
- May need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Flo.
- RESPONSIBILITY FOR YOUR CONTENT
- INFRINGEMENT OF RIGHTS
- THIRD PARTY CONTENT AND SERVICES
- OUR INTELLECTUAL PROPERTY RIGHTS
- USE OF YOUR DEVICE BY Flo
- THIRD PARTY SOFTWARE
- OPEN SOURCE SOFTWARE
- There may be provisions in the Open Source Software's licence that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and
- We will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software terms) within Flo, within an Appendix to these Terms and/or in another manner.
- WARRANTY AND DISCLAIMER
- LIABILITY FOR Flo
- IN CONNECTION WITH THESE TERMS OR YAGERBOMB OR FLO, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF FLO; (VI) YOUR USE OF FLO IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
- FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
- FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
- Any liability for fraud;
- Any liability for death or personal injury;
- Any liability for gross negligence or wilful misconduct; or
- Any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
- NO LIABILITY FOR THIRD PARTIES
- RETENTION AND BACK-UP OF YOUR CONTENT
- GOVERNING LAW AND JURISDICTION
- DISPUTE RESOLUTION
- THIRD PARTY SERVICES
- For use of YouTube services - https://www.youtube.com/static?template=terms
- For use of Ola services - https://www.olacabs.com/info/faqs#termsAndConditions
- For use of Uber services - https://www.uber.com/en-IN/legal/terms/in/
- For use of Jugnoo services - https://www.jugnoo.in/#/terms
- For use of Zomato services - https://www.zomato.com/conditions
- For use of BookMyShow - https://in.bookmyshow.com/terms-and-conditions
- For use of Bing search - https://www.microsoft.com/en-in/servicesagreement/
- For use of Riffsy services - https://www.tenor.co/legal-terms
- For use of DineOut services - https://www.dineout.co.in/termsandconditions
- For Use of coupondunia Services - https://www.coupondunia.in/terms-service
Welcome to Flo!
Your use of Flo is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Flo. Our products and services are hereby referred to as (“Services”). These Terms describe the rules of Flo’s relationship with you and is a legal document, so please read them carefully. By using the Services, you agree to the Terms.
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at firstname.lastname@example.org.
These Terms apply to you if you are a user of Flo anywhere in the world, except if you belong in any of the following categories: (i) a user of Flo in the India; (ii) a citizen of the India using Flo anywhere in the world; or (iii) a Indian-incorporated company using Flo anywhere in the world. If you belong in any of these categories, please refer to the Terms of Service for the terms that apply to you.
Please review these Terms and our policies and instructions to understand how you can and cannot use Flo. You must comply with these Terms in your use of Flo and only use Flo as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Terms, you must not use Flo.
For the purposes of these Terms, any reference in these Terms to "Flo" refers to Flo and all Flo-related services provided by or on behalf of us or our affiliate companies, including the following services:
By using Flo, you are agreeing to be bound by these Terms between you and Yager Bomb Media Pvt. Ltd.,("we", "our" and "us").
We may specify in certain of our Flo service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of “YagerBomb Media Pvt. Ltd.”) in relation to your use of the relevant Flo service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Flo service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Flo service or feature.
We offer a diverse range of services and features within Flo, so in addition to these Terms, there are certain additional terms and policies that may be applicable to your use of all or part of Flo, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
Each service provider is responsible for collating and maintaining records of payment details of the user and authorization of the payment when the user decides to use on the Flochat platform, in accordance with the provisions as stated in its internal policies, terms and conditions of the respective service provider.
We may translate these Terms into multiple languages, and in the event there is any inconsistency between the English version and any other language version of these Terms, the English version shall be applicable.
To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:
Notwithstanding paragraphs 7.1 and 7.2, if there is any inconsistency to the extent that any country-specific terms based on the laws of that particular jurisdiction differ from these Terms or any additional terms or policies, the relevant country-specific terms shall be applicable, regardless of which section of these Terms is in question.
You hereby agree that based on the situs of the app store from which the Flo app is downloaded, the laws of such jurisdiction shall apply.
We may make changes to these Terms over time, so please come back and review them.
In addition, as Flo and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Flo (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or Flo are reasonably material, we will (where reasonably practicable) notify you (via http://www.Flochat.in, direct communication to you or other means), prior to the change becoming effective. By continuing to use Flo after we make any changes to these Terms or Flo, with or without notice from us, you are agreeing to be bound by these revised Terms.
Flo may offer methods for deactivating your service-specific account – please refer to Flo for further guidance (if available) from time to time and for further information you can contact email@example.com.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Flo (" Your Content"), you understand and agree that:
You may be able to create certain content within Flo, such as GIFs. Such content is part of Your Content, and is subject to these Terms.
You understand that even if you seek to delete Your Content from Flo, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Flo.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact firstname.lastname@example.org.
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Flo, including content provided by users of Flo or by our advertisers. You acknowledge and agree that by using Flo, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Flo by you is at your own risk. Your use of Flo does not give you any rights in or to any content you may access or obtain in connection with your use of Flo.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Flo and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review (but make no commitment to review) content or third party services made available through Flo to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Flo.
There may be, from time to time, third party content and services on Flo that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Flo. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
All intellectual property rights in or to Flo and any Flo App (including any future updates, upgrades and new versions to all such Flo App), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names (for example, "YagerBomb", "Flo"), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Flo are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where you download and use any software from us as part of or in relation to your use of Flo (any such software being the "Flo Apps"), we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the relevant Flo Apps in accordance with these Terms (including any specific technical requirements that relate to the Flo Apps or its use on your particular device). Please note that these licence terms may be supplemented by terms and conditions applicable to the specific Flo Apps.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Flo Apps, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Flo App, you will first contact us to request the information you need.
We may from time to time provide updates to Flo App. Such updates may occur automatically or manually. Please note that Flo App may not operate properly or at all if upgrades or new versions are not installed by your system.
For the purposes of these Terms, "Flo App" includes any items, content or features (the “Items") within the Flo App – for example, Gifs, Stickers or other downloadable items such as youtube video, music within Flo, and any content accessed or used by you within Flo. . We do not guarantee that we will make any updates available for any of Flo App, or that such updates will continue to support your device or comply with any additional terms and conditions applicable to any such Items. We will notify you of any such additional terms and conditions within Flo, within an Appendix to these Terms and/or in another manner. We may license these Items to you upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from Flo at any time, with or without notice, and we have no liability to you in the event that we exercise these rights.
We may in our discretion provide technical support for Flo (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
In order for us to provide Flo to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Flo – for example, we may need to use your device's processor and storage to complete the relevant Flo App installation, or we may need to access your contact list to provide certain interactive functions within Flo. You agree to give us such access to and use of your device.
We will provide further information regarding how Flo uses and accesses your device within Flo or in another manner (e.g. via the relevant app store as part of the installation process for Flo on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Flo to you.
You may need an adequate internet connection in order to authentic your Flo account or use Flo. You may also be required to activate certain functionalities within Flo in the manner described within Flo. You may not be able to use certain functionalities within Flo if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet, telecommunication services providers and order within our app for the services such as cab, food etc. ) in relation to or arising from your use of Flo or Flo related services.
The "Third Party Content and Services" section above applies to any software supplied by third parties (including software, plug-ins, tools, codes, data and content within such software) for use in connection with, or incorporated within, Flo (" Third Party Software"), including your use of such Third Party Software.
In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
You must comply with any additional terms and conditions applicable to any such Third Party Software. We will notify you of any such additional terms and conditions within Flo, within an Appendix to these Terms and/or in another manner.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
Further to the "Third Party Software" section above, Flo may use software that is subject to "open source" licences (the " Open Source Software"). Where we use such Open Source Software, please note that:
We warrant to you that we will provide Flo using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, Yagerbomb (INCLUDING ANY Flo App) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO Yagerbomb, ANY Flo App OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY Flo, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT Yagerbomb OR Flo App WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT Yagerbomb OR Flo App WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT Yagerbomb OR Flo App WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING FLO ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF FLO; OR (II) YOUR BREACH OF THESE TERMS.
Third party relationship
As set out in the "Third Party Content and Services" and "Third Party Software/apps" sections of these Terms, various third parties may provide certain content, services or software within Flo.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH FLO, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES, APPS OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN FLO.
These Terms will apply to your use of Flo until your access to Flo is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Flo: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Flo creates risk for us or for other users of Flo, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Flo for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Flo (in whole or in part), you will immediately permanently delete all copies of Flo App to which the termination relates and you will immediately cease accessing and using any such Flo Services.
These Terms are the entire agreement between you and us in relation to Flo. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
You agree to defend, indemnify, and hold harmless Flo, our directors, officers, employees, affiliates, agents and suppliers from and against any claims, suits, losses, liabilities, damages, losses, costs, expenses of any kind (including reasonable attorney fees and costs)brought by third parties resulting from or relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this clause once we learn of it.
These Terms shall be governed by and construed in accordance with the laws of India. In relation to matters relating to appointment of arbitrator or execution of arbitral award/s, you and us hereby agree to submit to the exclusive jurisdiction of the Courts of Mumbai.
If any disputes or differences arise between you and us relating to or arising out of the Services or the Terms with regard to the interpretation or the performance of these Terms, the same shall be referred to arbitration before a sole arbitrator appointed mutually and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended or re-enacted, from time to time. The arbitration shall be conducted in the English language and any awards shall be reasoned. The venue of arbitration shall be Mumbai.
If any part of these Terms is found to be unenforceable, then that provision will be severed from these Terms and not affect the validity or enforceability of the remaining terms.
Prior to using any of the following services , please refer to the links below: