Terms of Use | Flipchart

Data & Security

Flipchart Terms of Use

Welcome to Flipchart

Thank you for choosing to use our product (“Product") and services (“Services”).

The Terms of Use (“Terms”), Privacy Policy and our Data & Security Policy govern the use of Flipchart (both the product and services we provide), these are important pieces of information and we strongly suggest you read these carefully.

By registering for a Flipchart account or using the Flipchart Product you are agreeing to be bound by these Terms.

If you are using Flipchart on behalf of an organisation (such as your employer), you are agreeing to these Terms on behalf of that organisation and are indicating that you have the authority to bind that organisation to these Terms, Privacy Policy and Data & Security Policy. In that case, “you” and “your” will refer to that organisation.

Using our product

You must follow any policies made available to you within the Product.

Using our Product does not give you ownership of any intellectual property rights in our Product or the content you access. You may not use content from our Product or unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Product. Don’t remove, obscure, or alter any legal notices displayed in or along with our Product.

Our product displays some content that is not Flipchart’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Product, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. To opt out of these messages you will need to send an email to help@flipchart.io

Your responsibilities

To use Flipchart you will need to create a user account. This will include registering details such as name, email address and other personal information including if applicable payment information. It is your responsibility to safeguard and protect your login credentials such as username and password.

You are solely responsible for the activity on your account, including any activity you have not authorised. If you feel your account has been breached and activity has been carried out on your account without your consent, please contact our support team immediately: help@flipchart.io.

If your account has been created and assigned to you by an administrator such as your employer or organisation they may be able to remove your access to any accounts under their ownership.

The use of Flipchart includes the ability to create content including but not limited to text, images, video and other digital assets and information. You retain all rights and ownership over content that is created by you. Flipchart will never claim to have ownership of your content. Therefore, the responsibility of content creation remains with you. By using Flipchart and creating content you are declaring that you have the appropriate rights to the content and that you are not infringing or violating any third-party intellectual copy write.

By uploading, creating, storing, submitting, sending or receiving content to Flipchart you are granting Flipchart a global licence. The licence you grant us under this agreement is limited to providing services to you such as hosting, storing, backup and sharing (when you wish to share it) of your content. We may also use third parties to deliver features like commenting, editing, making notes among other features. Under this agreement the licence you grant to us will extend to cover our trusted third parties and affiliates.

To create an account, you must be over 13 years of age. By creating an account, you are confirming to us that you are over the age of 13.

Flipchart allows co-authoring of documents and creation of content. You can delete content and documents at any time, however, if the content and\or document is a result of co-authoring i.e. where more than 1 user has contributed to the content, content and documents may not be deleted and still reside on Flipchart. You are responsible for the removal and deletion of your content.

Intellectual property rights

Flipchart grants you a limited, non-exclusive, non-transferable license to view, copy, and display Flipchart solely in connection with your permitted use of Flipchart.

Flipchart is exclusively owned by Flipchart Ltd including all intellectual property rights. By agreeing to these terms of use you acknowledge that Flipchart is protected by copyright, trademark and patent under the laws of the United Kingdom and the appropriate copyright, trademark and patent laws in foreign countries.

Acceptable use

You agree not to misuse the Flipchart Product and any associated services or encourage or help anyone else to do so. Example of misuses of Flipchart include but not limited to the following:

probe, scan, or test the vulnerability of any system or network; including reverse engineer or attempt to extract source code.
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the application, or shared areas of the application you haven't been invited to or do not have the appropriate authority to access;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the application;
access or search Flipchart or download any intellectual property from Flipchart through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
create accounts for the application by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
plant malware or use Flipchart to distribute malware;
abuse referrals or promotions to get more storage space or licences than deserved;
impersonate or misrepresent your affiliation with any person or entity;
publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
infringe the privacy of others;
violate any applicable law or regulation;

We are not obligated to monitor access, use, and review or edit any content created by you or by others, however, we do reserve the right to do so for the purposes of operating Flipchart, ensure compliance with the Terms of Use agreement or compliance with any regulations or legal requirements.

We respect the hard work of individuals that go into creating original content this includes copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. It is your responsibility to ensure you have the appropriate rights to any copyrights for content used in Flipchart.

If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on Flipchart by submitting an email to help@flipchart.io. Upon receipt of the notification, we will take the appropriate steps to rectify the infringement which may include but not limited to removal of the content and\or disabling user accounts.

Termination

You are free to cancel your subscription and terminate your account at any time. We reserve the right terminate or suspend your account at any time without notice if:

you are in breach of the Terms of Use;
you're using the Product in a manner that would cause a real risk of harm or loss to us or other users;
we're required to do so by law;

In most cases, we will try and provide notice before suspension or termination of an account via an email to the email address you used to register for an account and will also help to retrieve your data. Please note in some instance this may not be possible (i.e. legal requirements, consistent infringement of copyright, danger to other users).

If you decide to cancel your account, we will place your account in a ‘cancelled’ status which will retain all your information including any personal data you have entered\uploaded. We retain this information in the event you decide to reinstate your account at any time in the future. If your preference is that we delete all data we hold against your account please email us at help@flipchart.io. Please note if we receive a request to delete all your data we may not be able to reinstate your account with the same email address.

Warranty disclaimers

We will use reasonable skill and care in providing our Product to you and in keeping a safe, secure and reliable environment, but there are certain things we don’t promise or guarantee that the Product or Service we provide will always function without disruption, delays, imperfections, their reliability or the ability to meet your needs.

To the fullest extent permitted by law, Flipchart Ltd and its affiliates, suppliers and distributors make no warranties, either expressed or implied, about the Product or Services we offer. We provide the Product and Services “As Is”. We also disclaim any warranties of merchantability fitness for a particular purpose and noninfringement.

Limitation of liability

We do not exclude or limit our liability to you where it would be illegal to do so. This includes any liability for Flipchart or its affiliates’ fraud or fraudulent misrepresentation or death or personal injury arising out of negligence in providing the Product or Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are the reasonably foreseeable result of our failure to use reasonable care and skill or breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In all cases, Flipchart, its affiliates, suppliers or distributors will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of business opportunity, business interruptions or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use or inability to use Flipchart, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory and whether or not Flipchart has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

If you are using our Product or Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Flipchart, its affiliates, suppliers, distributors, officers, agents and employees from any claim, suit or action arising from or related to the use of the Product or Services or violation of these terms, including any liability or expense arising from claims, losses damages, suits, judgements, litigation cost and solicitor’s or attorney fees.

To the fullest extent permitted by law, the total liability of Flipchart, its affiliates, suppliers or distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Product or Services.

Dispute resolution

We will provide you with clear guidance on the rules that govern the use of Flipchart, so we can limit or avoid any dispute between us and you.

Before filing a legal claim against Flipchart, you agree to try and resolve the dispute informally by contacting Flipchart at help@Flipchart.io. We aim to resolve your dispute within 15 working days. In the event that we cannot resolve the dispute during this period, you or Flipchart may bring formal proceedings.

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms of Use or the Product or Services, and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that UK law will govern these Terms and any claim, without regard to conflict of law provisions.

These Terms will be governed by UK law. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.

Payments, subscriptions, upgrading and downgrading terms

The Flipchart Product is offered with a freemium version of the Product that allows you to create and publish up to 5 documents, provides 1 Gigabytes of storage and 2 author licences (one of which will be assigned to the account owner). The freemium version can be used in perpetuity; however, we reserve the right to modify or withdraw the freemium version of the product at any time without prior notice.

Upgrading your subscription or purchasing additional author licences

You can upgrade your subscription or add additional author licences at any point whilst using Flipchart. Subscription upgrades and the purchase of additional author licences are applied to your account immediately subject to successful processing of your payment.

All additional author licences are issued under the same billing frequency that you have chosen under your current subscription package. For example, if you are currently on an annual subscription plan all additional author licences will also be based on the annual plan with the same billing cycle. We do not offer the ability to purchase additional author licences on different subscription plans or billing frequencies within the same account or billing cycle.

The cost of purchasing additional licences or upgrading your subscription plan is prorated based on your billing frequency and next payment date, allowing you to only pay for what you use. If you upgrade your subscription plan and/or add additional author licences it will result in a one-time prorated payment due and a new subscription fee. For your convenience, we will process all payments using the payment card you registered when signing up for a paid subscription. If you would like to amend the payment details, please make this update in the Account Settings within the Product. Currently, we are unable to offer payment on separate payment cards. It is your responsibility to ensure payment detail are valid and up-to-date.

Downgrading your subscription or reducing your author licences

You can downgrade your subscription or reduce the number of author licences you have at any time whilst using Flipchart. When you downgrade your subscription or reduce the number of licences on your account, there will be no prorated payments or refunds, however, you will be able to use the Product or Services you have purchased up until your next billing cycle. All downgrades to your subscription or reductions in author licences will come into effect on your next scheduled payment date.

Downgrading your subscription plan or reducing the number of author licences may cause the loss of features, storage capacity and the number of documents you may create or publish. Flipchart does not accept liability for such loss.

If you are downgrading from a paid subscription to our freemium product and have more than 5 documents either in edit mode or published, all documents will be unpublished and will not be editable either by yourself or by anyone with the authority on your account to do so. You will need to archive documents until you bring the number of documents back within the required quota of the subscription plan you are downgrading to.

If you exceed the storage quota limit for the subscription you are downgrading to you will not be able to upload any new media items until the storage quota is bought back within the limit of the new subscription storage quota.

If you are downgrading from a paid subscription to our freemium Product all Author roles will be changed to Readers and you will need to assign the additional author licence that is provided with the freemium Product manually to a user of your choice.

Cancelling your account

You may submit a request to cancel your subscription plan and account at any time, however, there will no prorating for subscription plan or account cancellations. There will be no prorated refunds or credit provided. You may continue using the Product under the subscription plan during the billing cycle. If you are using the freemium Product cancellations will be applied immediately.

It is your responsibility to ensure you have taken the appropriate measures to transfer your content and data from Flipchart before cancelling your account. Flipchart do not guarantee that your content and/or data will be available in the event you decide to reinstate your account.

Once your subscription plan and account have been cancelled, we will archive and retain all your information and content which may include personal data. If you prefer us to delete all your information, data and content please indicate this in the cancellation email, please do not assume we will do this upon account cancellation.

Changes to our Product, Services, Subscription Plans and Fees

Flipchart reserves the right to change its prices at any time, however, if we have offered a specific duration and fee for your use of the Product or Services, we agree that the fee will remain in force for that duration.

After the offer period ends, your use of the Product and Services will be charged at the then-current rates. If you don't agree to these changes, you must stop using the Product and Services and cancel via email to help@flipchart.io.

We are constantly changing and improving our Product and Services. Flipchart reserves the right to make changes, amendments, modify, alter or stop providing the Product or Services to you including creating new limits to all our subscription plans at any time.

We will endeavour to provide you with 14 days’ notice (either via email or through the Product) before we implement any changes to the Product or Services, unless the changes are necessary to prevent harm to our Product, Services, yourself and/or other Flipchart users.

Updating our Terms and Policies

After the offer period ends, your use of the Product and Services will be charged at the then-current rates.If you don't agree to these changes, you must stop using the Product and Services and cancel via email to help@flipchart.io.

Other important things to note

There are other policies (Privacy Policy, Fair Use Policy and Data & Security Policy) all which form part of the agreement between you and Flipchart Ltd. Please ensure you read these policies carefully before using our Product or Services.
If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Use, it will not be considered a waiver.
You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent.
We request and appreciate your feedback and other suggestions about our Product and Services. We may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
The FREE and Personal subscriptions have a limitation on storage, our business subscription comes with storage as required. We cap the business subscription storage to 100 GB, if you find yourself going over we will increase your storage on the business plan. Simply contact us at help@flipchart.io.

We have made a conscious effort to present our Terms of Use in a simple and easy to understand way, however, if you feel there is something you do not understand or have any further questions regarding our Terms of Use we are here to help you. Please contact us at help@flipchart.io.