WEBSITE TERMS AND CONDITIONS
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Terms of Service and Service Agreement:
By purchasing our services, you agree to all terms and conditions highlighted in this Terms and Conditions Agreement below.
During the term of this Agreement, Flycer AI will provide a license to use their AI platform and digital solution to the client as described on the Flycer AI website hereto (the “Services”). It’s essential for the client to have a clear understanding of the service plan they have acquired. Therefore, we urge the client to thoroughly review the entirety of the Terms of Service and Service Agreement. By proceeding with the purchase of Flycer AI’s products and services, the customer explicitly signifies their acceptance and consent to the terms outlined in this agreement.
The client is obligated to remunerate Flycer AI for the license to use the AI platform and digital solution services provided. The specified amounts and payment schedule associated with the purchased plan on the Flycer AI website are to be paid by the client to Flycer AI.
THE AGREEMENT: The use of this website and services on this website provided by Kauai Online Marketing LLC DBA Flycer AI (hereinafter referred to as “Company”) are subject to the following Terms of Service and Service Agreement (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”). Flycer AI is not a social media, LinkedIn or Email product. You understand that, similar to any third-party software or tools, LinkedIn Corporation does not endorse the use of Flycer AI, nor does LinkedIn Corporation have any association with Flycer AI.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
Flycer AI, Us, We: Flycer AI, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it available to users. Flycer AI, Company, Us, We, Our, Ours, and other first-person pronouns will refer to Flycer AI, as well as all employees and affiliates of Flycer AI.
You, the User, the Customer, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (Flycer AI and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. Flycer AI only agrees to provide the use of this Website and Services to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to access and use this Website or any Services contained herein. By accessing and using this Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to agree to this Agreement. Flycer AI assumes no responsibility or liability for any misrepresentation of your age.
4) LICENSE TO USE WEBSITE
Flycer AI may provide you with certain information and materials as a result of your use of the Website or Services. Such information and materials, including documentation, data, or materials developed by Flycer AI (“Flycer AI Materials”), are provided to you subject to this Agreement. Flycer AI grants you a non-exclusive, limited, non-transferable, and revocable license to use the Flycer AI Materials solely in connection with your use of the Website and Services. The paid license provided by Flycer AI is non-refundable. The Flycer AI Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You acknowledge and agree that the Website and all Services provided by Flycer AI are the exclusive property of Flycer AI, including all copyrights, trademarks, trade secrets, patents, and other intellectual property rights (“Flycer AI IP”). You further agree that Flycer AI owns all right, title, and interest in and to the Flycer AI IP, and you shall not use the Flycer AI IP for any unlawful or infringing purpose. You agree not to reproduce, distribute, or modify the Flycer AI IP in any way, including electronically or through the registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without the express written permission from Flycer AI.
6) USER OBLIGATIONS
As a user of the Website or Services, you may be required to register with us. During the registration process, you will choose a user identifier, which may be your email address or another unique term, along with a password. Additionally, you may provide personal information, including your name. It is your responsibility to ensure the accuracy of this information. Your user identifier and password are confidential and should not be shared with any third party. In the event that you suspect your identifying information has been compromised, you agree to promptly notify us in writing, with email notification being sufficient. Safeguarding the security and integrity of your identifying information is your responsibility, and you must inform us of any changes to such information. Providing false or inaccurate information or utilizing the Website or Services for fraudulent or unlawful activities may result in immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to utilize the Website or Services for any unlawful purpose or engage in any activities prohibited under this clause. Furthermore, you agree not to use the Website or Services in a manner that could harm the Website, Services, or the overall business of Flycer AI.
You further agree not to use the Website or Services:
– To harass, abuse, or threaten others or infringe upon anyone’s legal rights.
– To violate any intellectual property rights belonging to Flycer AI or any third party.
– To upload or disseminate computer viruses or other software that may cause damage to the property of others.
– To perpetrate any fraudulent activities.
– To participate in or establish any illegal gambling, sweepstakes, or pyramid schemes.
– To publish or distribute obscene or defamatory material.
– To publish or distribute content that incites violence, hatred, or discrimination against any group.
– To unlawfully collect information about others.
8) Privacy Policy
By using the Website and Services, you may provide us with certain information. By doing so, you authorize Flycer AI to use your information in the United States and any other country where we operate.
Information We May Collect or Receive: When you register for an account, you provide us with a valid email address and may provide additional information such as your name or billing details. Depending on how you use our Website or Services, we may also receive information from external applications used to access our Website, or we may receive information through various web technologies like cookies, log files, clear gifs, web beacons, or others.
How We Use Information: We use the information gathered from you to ensure a seamless experience on our Website, including communication via email. We may also analyze certain passive information for marketing and analytics purposes, working with third-party providers if necessary.
Protecting Your Information: If you prefer to disable our access to any passive information received through various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive the information you provide, such as your email address. Should you decide to terminate your account, we will store your information for a period of 30 days before it is permanently deleted.
We prioritize the security of your data and use SSL (Secure Sockets Layer) for secure connections between the client side (website & app) and our servers.
We do not collect any payment information of any kind.
Only your Flycer AI account information (email, licenses, team members) is stored on our servers.
9) REVERSE ENGINEERING & SECURITY
You shall refrain from engaging in the following actions:
– Reverse engineering, attempting to reverse engineer, or disassembling any code or software from the Website or Services.
– Violating the security of the Website or Services through unauthorized access, circumvention of encryption or other security tools, data mining, or interfering with any host, user, or network.
10) DATA LOSS
The security of your account and content is not guaranteed by the Company. You acknowledge and agree that your use of the Website or Services is at your own risk.
11) INDEMNIFICATION
You agree to defend, indemnify, and hold the Company and its affiliates (if applicable) harmless from any and all legal claims and demands, including reasonable attorney’s fees, arising from or related to your use or misuse of the Website or Services, your breach of this Agreement, or your actions or conduct. The Company reserves the right to choose its own legal counsel and participate in its own defense, if it so desires.
12) SPAM POLICY
Engaging in illegal spam activities using the Website or any of the Company’s Services is strictly prohibited. This includes activities such as gathering email addresses and personal information from others or sending mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
Occasionally, the Company may provide links to third-party websites or other services. You acknowledge and agree that the Company is not responsible or liable for any loss or damage caused by your use of any third-party services linked from our Website.
14) MODIFICATION & VARIATION
The Company reserves the right to modify this Agreement at any time without prior notice to you. You agree that the Company has the right to modify or revise any part of this Agreement. All modifications are effective immediately upon being posted on the Website, and they supersede any prior version of the Agreement unless otherwise specified.
If any part or sub-part of this Agreement is deemed ineffective or invalid by a court of law, you agree that the previous effective version of the Agreement will be enforceable to the fullest extent.
It is your responsibility to regularly review this Agreement and check the Effective Date posted at the top of the Agreement to be aware of any modifications or variations. To ensure you are accessing the most recent version of the Agreement, please clear your cache before doing so. By continuing to use the Website after any modifications to this Agreement, you affirm your ongoing acceptance of the Agreement.
If you fail to monitor or review any modifications or variations of this Agreement, you waive your right to dispute or review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement represents the complete understanding between the Parties regarding the use of this Website and supersedes all prior or contemporaneous agreements, whether written or oral, concerning the subject matter discussed herein.
16) SERVICE INTERRUPTIONS
There may be instances where the Company needs to interrupt or temporarily suspend your access to the Website in order to perform maintenance or emergency services, whether on a scheduled or unscheduled basis. You acknowledge and agree that such interruptions or downtime may occur, and the Company shall not be held liable for any damages or losses resulting from such interruptions.
17) TERM, TERMINATION & SUSPENSION
This Agreement may be terminated by the Company at any time and for any reason, with or without cause. The Company reserves the right to terminate this Agreement if you violate any of its terms, including but not limited to intellectual property infringement, non-compliance with applicable laws, or distribution of illegal content. You also have the option to terminate this Agreement by contacting the Company and requesting termination if you have registered for an account.
Upon termination of this Agreement, any provisions that, by their nature, are intended to survive termination shall remain in full force and effect.
The Client acknowledges and agrees to follow Flycer AI’s Termination and Cancellation Policy when canceling their service plan. To cancel a service plan, the Client must provide written notice via email to Flycer AI’s Billing Team at help@flycer.com at least 48 hours (2 days) prior to the renewal date. Same-day or 24-hour cancellation notices are not accepted. Flycer AI requires this timeframe to properly cancel the Client’s account and database without incurring additional costs.
The Client understands that no compensation or refund will be provided for any undelivered portion of the Services Subscription following termination.
In the event of default in payment by the Client, such as non-payment of owed fees, Flycer AI reserves the right to terminate the Agreement and service plan immediately without prior notice. Flycer AI shall not be liable for any compensation, refunds, or fees to the Client in such circumstances.
18) NO WARRANTIES
You acknowledge and agree that your use of the Website and Services is at your own risk. The Company provides the Website and Services on an “As Is” basis and expressly disclaims any warranties, whether express or implied, including but not limited to the implied warranties of fitness for a particular purpose and merchantability. The Company does not warrant that the Website or Services will meet your needs, be uninterrupted, error-free, or secure. The Company also does not warrant the reliability or accuracy of any information on the Website or obtained through the Services. You accept full responsibility for any damage to your computer system or loss of data resulting from your use of the Website or Services, and the Company shall not be liable for any such damage or loss.
19) STRICT NO REFUND POLICY
By signing up or purchasing any of Flycer AI’s products or service plans, you acknowledge and agree that you are not entitled to a refund. Flycer AI maintains a strict “No Refund Policy” due to the nature of its licensed SaaS digital products and services. This policy applies to all software plans, lead plans, appointment plans, and close plans offered on the Flycer AI website, as well as any other service plans on the website.
Flycer AI’s products and services incur costs, including overhead expenses, when a customer signs up for our service or downloads a license to use the SaaS app. Refunds cannot be provided once purchased.The company provides its services on an “As Is” basis with a “No Liability” clause in the Service Agreement. Flycer AI explicitly states that the service may have disruptions and issues inherent to its SaaS app service, and customers must accept this.
Refunds will not be granted based on a “Change of Heart” or dissatisfaction with performance or service expectations. It is the customer’s responsibility to understand the nature of the service provided by Flycer AI, as the company does not guarantee service levels. Flycer AI reserves the right to deny refunds to prevent waste of resources and inconvenience.
20) STRICT NO SERVICE GUARANTEE POLICY
The Company does not provide any service guarantees, except for clients who have purchased and signed a Guaranteed Bundle Plan. While Flycer AI offers a “Business Development Service” that helps generate business leads, appointments, and sales for its customers, it does not guarantee specific performance levels. The company sets expected performance rates based on averages from similar client campaigns, but it cannot guarantee the same results for each individual client. Flycer AI will strive to achieve the best possible results for the client’s business but does not provide service guarantees for Subscriptions and Pay Per Appointment plans, unless explicitly specified in a Guaranteed Bundle Plan, if offered.
21) LEAD TIMES
The Company does not guarantee specific lead times for customer service, campaign creation. While Flycer AI aims to respond to customer support inquiries within 24-48 hours, campaign creation can take 5-14 days depending on complexity and workload. The subscription billing will not start if campaign creation takes an unreasonable amount of time, such as over 7 days.
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22) STRICT PAYMENT POLICY
All payments and subscription billing are collected on an advanced monthly recurring basis. If payment is not provided on the exact billing date and renewal date as required by Flycer AI, the company has the right to terminate all agreements, pause access to its services, and still request full payment for the outstanding amount and subsequent months until it is paid or the subscriptions are canceled by the customer. By signing up for a Flycer AI monthly recurring subscription payment plan, customers agree to the strict payment policy and commit to paying for the services at the agreed rate on a monthly recurring basis. Even if the full 30 days of service are not provided, customers are still required to pay for the month of service due. Flycer AI’s payment policy ensures the financial and business interests of the company and its ability to continue providing the service to its customers.
For subscription plans, clients will be charged the agreed amount on the subscription renewal date every month, regardless of the results or returns they have received. To cancel the subscription, clients must provide at least 48 hours’ notice before their renewal date. For all Pay Per Appointment plans, clients are required to pay for appointments immediately when they are booked. The client’s card will be charged the appointment amount at the time of booking.
By signing this agreement, the client agrees to pay all charges incurred to Flycer AI, Inc. (“Flycer AI”) in accordance with the laws of the State of Hawaii. If the client fails to pay any charges, Flycer AI may take legal action against the client in the courts of Kauai, Hawaii. The client may also be liable for additional fees, including interest and attorneys’ fees.
23) STRICT CANCELLATION POLICY
The Client must adhere to Flycer AI’s Termination and Cancellation Policy in order to correctly cancel their service plan. The following rules apply:
If a customer wishes to pause or cancel their subscription and services with Flycer AI, they must provide written notice to the Cancellations and Billing team at help@flycer.com in advance of their renewal date. A minimum of 48 hours’ notice is required for cancellation. Same-day cancellation notices are not accepted. This policy is in place to prevent financial losses for Flycer AI resulting from cancellations. Only after submitting a cancellation request with the required notice will billing be stopped, and the customer will not owe any further payments to Flycer AI. Access to the service will continue until the end of the renewal period, at which point the service and access will be terminated.
The cancellation notice must be sent to the Flycer AI billing team at least 48 hours (2 days) before the client’s renewal date to be accepted. Flycer AI does not accept same-day or 24-hour cancellation notices. This timeframe allows Flycer AI’s systems to cancel and delete the client’s account and database within the necessary window of 48 hours, minimizing additional costs for Flycer AI.
The client acknowledges that following their termination, they will not be paid or compensated for any portion of the services subscription that will not be delivered.
In the event of a default in payment, such as the client failing to pay the owed amount to Flycer AI, Flycer AI reserves the right to terminate the agreement and service plan immediately without notice. In such cases, Flycer AI will not be liable for any compensation, refunds, or fees to the client.
24) LIMITATION ON LIABILITY
The company holds no liability for any damages resulting from your use of the website or services to the fullest extent permitted by law. The maximum liability of the company under this agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the company in the last six (6) months. This limitation applies to all claims, including but not limited to lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
25) GENERAL PROVISIONS
LANGUAGE: All communications and notices made under this agreement shall be in English.
JURISDICTION, VENUE & CHOICE OF LAW: By using the website or services, you agree that any matter or dispute relating to or arising from this agreement, as well as any dispute between you and the company, shall be governed by the laws of Kauai, HI USA. Any litigation specifically permitted under this agreement shall be subject to the personal jurisdiction of Kauai, HI USA. The choice of law, venue, and jurisdiction provision in this agreement is mandatory, and you waive any objection to venue, including the assertion of the doctrine of forum non conveniens or similar doctrine.
ARBITRATION: In the event of a dispute arising from this agreement, the parties shall attempt to resolve the dispute personally and in good faith. If personal resolution attempts fail, the dispute shall be submitted to binding arbitration in the United States. The arbitration shall be conducted by a single arbitrator who shall abide by the applicable laws of the United States. Each party shall bear their own costs and fees. Claims subject to arbitration include contract claims and tort claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the company may be litigated and are not subject to arbitration. The parties waive the right to a jury trial regarding arbitral claims.
ASSIGNMENT: You may not assign, sell, lease, or transfer this agreement or the rights granted hereunder, in whole or in part. If the company assigns, sells, leases, or transfers this agreement or the rights granted hereunder, the rights and liabilities of the company will bind and benefit any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this agreement is deemed invalid or unenforceable by a court of law or arbitrator, the remaining parts and sub-parts shall be enforced to the maximum extent possible. The remainder of the agreement shall continue in full force.
NO WAIVER: The failure of the company to enforce any provision of this agreement does not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this agreement does not waive any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts in this agreement are for convenience and organization purposes only. Headings do not affect the meaning of any provisions in this agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: This agreement does not create an agency, partnership, or joint venture between the parties. No party has the authority to bind the other to third parties.
FORCE MAJEURE: The company is not liable for any failure to perform due to causes beyond its reasonable control, including acts of God, civil authorities, military authorities, riots, embargoes, natural disasters, and other unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Both parties may engage in electronic communications under this agreement, including email or fax. For any questions or concerns, please contact the company at help@flycer.com