Terms of Service

Last updated: February 21, 2024

Flocus is a service provided by Gridfiti Inc. ("Gridfiti," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Flocus website, products, and services (”Flocus”, “Service”, "Services", “Products”). Please read these Terms carefully, and contact us if you have any questions.

By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy.

Use of the Services

By using Flocus, you agree to use our Services responsibly and to not violate any laws or regulations. You are solely responsible for any activities or actions that occur under your account.

Changes to Terms or Services

Gridfiti reserves the right to modify these Terms at any time. Should we make any substantial changes, we will notify you. Your continued use of Flocus Services after the new Terms take effect will be subject to the new Terms.

Eligibility

Users must be at least 16 years old to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user. Users agree to comply with all applicable laws and regulations and are responsible for maintaining the confidentiality of their account credentials. Unauthorized use or activities that disrupt service functionality are prohibited. The service provider reserves the right to terminate or suspend accounts for violations. Users acknowledge that the service is provided without warranty and agree to limit the service provider's liability for any damages. Any modifications to the terms are communicated to users, who accept updated terms by continuing to use the service. The terms are governed by a specific jurisdiction, with disputes subject to its exclusive jurisdiction.

Accounts

To access certain features of the Service, you must register and create an account at accounts.flocus.com. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Flocus immediately of any unauthorized use of your account or password, or any other breach of security.

We reserve the right to terminate a user account and any related subscriptions at any time at our sole discretion.

Notices

Flocus reserves the right to deliver notices to you through email. You have the option to unsubscribe from these communications at your discretion. Some important account-related notices may not be unsubscribed from.

Fees & Payments

Paid services are available on Flocus. By opting for a paid subscription, you acknowledge and agree to remit to Flocus the applicable monthly or annual subscription fees for the selected service.

Subscription fees are charged on the day you sign up and will recur on a regular basis (either monthly or annually, depending on your chosen subscription plan) until you cancel your subscription. The recurring payment is automatically deducted from the payment method you have on file with us.

All purchases are non-refundable. You may cancel your subscription at any time through the Billing page in the Account Management portal. Upon cancelation, your subscription will remain active until the end of the current billing cycle, and no further charges will be made.

If we encounter any issues processing payment for your recurring subscription, we reserve the right to attempt to process your payment again in order to keep your subscription active.

Flocus reserves the right to modify subscription prices at any time. Should there be a price change, we will provide you with reasonable notice prior to the change taking effect. You have the option to cancel your subscription up to seven (7) days before your next billing cycle to avoid charges at the new rate. If you do not cancel your subscription within this period, your subscription will be automatically renewed at the updated price for the same term length as your original subscription. Flocus will charge the payment method on file on the first day of the renewal period.

Account Security

You are responsible for safeguarding the password that you use to access Flocus and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols).

Intellectual Property

Gridfiti owns all right, title, and interest in and to Flocus, including all associated intellectual property rights. Except as expressly stated herein, these Terms do not grant you any rights to the Service or any intellectual property rights therein.

Restrictions on Use

In addition to other prohibitions as set forth in these Terms, you are expressly prohibited from:

Scraping: You may not engage in any data mining, scraping, crawling, email harvesting, or using any process or processes that send automated queries to the Flocus Service. You may not use Flocus to compile a collection of listings, including a competing listing product or service. You may not use the Service or any information contained within for any unsolicited commercial email or any other unauthorized purpose.

Reverse Engineering and Unauthorized Access: You are prohibited from reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof. Unauthorized access to the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service is forbidden. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

Unauthorized Use: Copying, transmitting, reproducing, replicating, posting, or redistributing any content or services provided by Flocus without our written permission, including any use or application for competitive purposes, is strictly prohibited. This prohibition includes any form of software or web scraping, data extraction, or data harvesting from Flocus, either directly or through third parties.

No Warranty and Limitation of Liability

Gridfiti provides Flocus "as is" and without any warranty or condition, whether express, implied, or statutory. Gridfiti specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Gridfiti assumes no responsibility for any personal injury, property damage, or other harm or losses that may result from your access or use of Flocus or any of our services. This includes, but is not limited to, any loss of data, or any other loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available through the Services.

Despite our efforts, the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet or stored in our services. In the event of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed, we will promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the relevant authorities and to you.

To the maximum extent permitted by applicable law, in no event shall Flocus, Gridfiti, Inc., its officers, directors, employees, agents, 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, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

Indemnification

You agree to indemnify and hold Gridfiti harmless from any losses, including legal fees and expenses, that directly or indirectly result from any unauthorized activities conducted under your account, your use or misuse of our Services, or your violation of any of these Terms.

Termination

Gridfiti reserves the right to terminate your account and your access to Flocus at its sole discretion, with or without notice, for conduct that violates these Terms or is harmful to other users of Flocus, Gridfiti, or third parties.

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of laws principles. Any legal action or proceeding arising under these Terms of Service shall be brought exclusively in the courts of the Province of Ontario, Canada, and each party hereby consents to the exclusive jurisdiction of such courts.

Contact

If you have any further questions, please do not hesitate to contact us at [email protected].

© Gridfiti Inc. All rights reserved.