Terms of Service

These Terms govern your access to and use of FlinchNot as well as all content and FlinchNot products and services available at or though these websites (collectively, "Services").

These Terms also govern visitors' access to and use of any websites that use our Services, such as websites hosted on FlinchNot.com that are operated by our users.

For some of FlinchNot's other products and services, additional Terms of Service may apply and will be posted on the websites for those products and services.

Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FlinchNot's Privacy Policy), and procedures that may be published from time to time by FlinchNot (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

Who's Who

Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

We refer to "FlinchNot Services" collectively as "FlinchNot" or "we" throughout these Terms.

Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a FlinchNot account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry — if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.

Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.

Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:

• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
• If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone's use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• Any Content offered for sale through any of our Services are the seller's sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
• Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
• We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, FlinchNot.com or our other Services. For example:
  • We do not have any control over those websites and are not responsible for their contents or their use.
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • We disclaim any responsibility for any harm resulting from non-FlinchNot websites.

Fees, Payment, and Renewal

FlinchNot Fees

Fees for Paid Services

Some of our Services are offered for a fee (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for Recurring Payments for your website's subscriptions — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Payment

If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal

To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a FlinchNot annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Purchases page. For more information about how FlinchNot subscriptions work, please refer to our support pages and documentation.

Cancelling Automatic Renewal

You can manage and cancel your Paid Services at the respective Service's site. For example, you can manage each of your FlinchNot stores on their respective admin panel.

Fee Changes

We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you must cancel your Paid Service.

Refunds

While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

Fees Collected by Store Owners

Fees Paid to Stores or Store Owners

Store owners may choose to sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a store's subscription details, or a store's operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from a store, your purchase is directly from the store owner, who is solely responsible for the items sold. Please contact the store owner if you have any questions or complaints.

Automatic Renewal

Any recurring payments you make to a store owner (such as a subscription) are automatically renewed. This means that unless you cancel your subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments will be renewed for the same interval of time as your original subscription period. For example, for an annual renewal schedule for your subscription, you will be charged each year.

Refunds

We are not responsible for refunds for fees paid to a store owner because those transactions are between store owners and their users. If you would like to request a refund for any fees paid to a store or store owner, please contact the store owner. If you have a complaint regarding a store owner, you can contact us.

General Representation and Warranty

You represent and warrant that your use of our Services will be in strict accordance with these Terms:

• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the country in which you reside);
• Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of any third party;
• Will not overburden FlinchNot's systems, as determined by us in our sole discretion;
• Will not disclose sensitive personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network; and
• Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.

FlinchNot.com

Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. You own all content you post to your website. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.

If you find a FlinchNot store that you believe violates these Terms, please inform us using our contact page.

Your FlinchNot Store

If you create an online store on FlinchNot, you get to use an FlinchNot-owned subdomain, such as example.flinchnot.com. You must not engage in "domain squatting," claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.

License

By submitting Content to FlinchNot for inclusion on your store, you grant FlinchNot a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your store. This license also allows FlinchNot to make any publicly-posted Content available to third parties selected by FlinchNot so that these third parties can analyze and distribute the Content through their services.

Prohibited Uses

You may not use FlinchNot for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to FlinchNot or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms. In addition to any illegal or unauthorized content, it is prohibited to use FlinchNot for the following activities or if your organisation is related to the following practices:

• Malicious and deceptive practices
• Harassment, bullying, defamation, threats, self-harm or any hateful content
• Child exploitation
• Pornography
• Illegal Activities
• Intellectual Property infringement
• Restricted items:
  • Firearms or Firearm components
  • Drugs (including any legal drug)
  • Alcohol
• Spam

Removing Content

If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private store, from view by the authorized visitors) on FlinchNot.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Web Traffic

We may use third party tools, to measure FlinchNot's audience and usage. By hosting your store on FlinchNot, you agree to assign the traffic relating to your website to FlinchNot and authorize us to sign a Traffic Assignment Letter on your behalf. Your website's traffic will be included under FlinchNot. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website's traffic to any other party.

Prohibited Uses

By using FlinchNot, you represent and warrant that your Content and conduct do not violate the User Guidelines.

Third Party Services

To make the FlinchNot platform work, we rely on different third-party services for collecting payments, calculating taxes and shipping amongst other things. Be aware that some of your — and your customers' — data may be passed to the respective third party, and the respective third party's terms of service, privacy policy, and other policies may apply.

Tax Calculations

You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of FlinchNot. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While FlinchNot uses thirdparty services to automaticaly calculate taxes, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.

If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.

Shipping

FlinchNot also provides shipping estimation for different shipment carriers. We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.

You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use Canada Post postage, you will need to comply with their shipping restrictions and mailing standards, among others.

In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.

Your Responsibilities

You are solely responsible for all of your ecommerce activities, including managing subscriptions for your website, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal).

Among other things, this means that:

• You should use your best judgment when setting up your store, operating your store, processing payments, and selling items.You should use your best judgment when establishing and managing your website's subscriptions or collecting payments, setting expectations appropriately, and fulfilling any commitments you've made.
• We are not involved in your relationships or transactions with any customer or potential customer.
• You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
• You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale, payment, or website subscription.

HTTPS

We offer free HTTPS on all FlinchNot stores by default, including those using custom domains, via Let's Encrypt. By signing up and using a custom domain on FlinchNot, you authorize us to act on the domain name registrant's behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Attribution

We reserve the right to display attribution text or links in your website footer or toolbar, attributing FlinchNot or the theme author, for example. Some of these attributions may not be altered or removed without permission.

Domain Names

FlinchNot offers you the possibility to register a domain name. To do so, we work with third party registrars in order to provide our users with domain name services. When you register a domain name on FlinchNot, or when you transfer an existing domain name to FlinchNot, you become bound by the relevant registrar's terms and conditions in addition to these Terms. When you register a domain, you are presented with and agree to the relevant domain registration agreement.

Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"). You can read about your rights and responsibilities as a domain name registrant under ICANN's Registrar Accreditation Agreement and about domain name registration generally.

Please refer to the domain pricing and available TLDs page for details about fees associated with domain registrations, renewals, and redemptions.

Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an FlinchNot product or service violates your copyright, please notify us. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

Intellectual Property

The Agreement does not transfer from FlinchNot to you any FlinchNot or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with FlinchNot. FlinchNot, FlinchNot logo, and all other trademarks, service marks, graphics, and logos used in connection with FlinchNot or our Services, are trademarks or registered trademarks of FlinchNot or FlinchNot's licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any FlinchNot or third party trademarks.

Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of FlinchNot, or by the posting by FlinchNot of a revised version. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any FlinchNot policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website's storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your FlinchNot account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services are provided "as is." FlinchNot and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FlinchNot, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Québec, Canada, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the provincial and federal courts located in Montréal, QC, Canada.

Limitation of Liability

In no event will FlinchNot, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. FlinchNot shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless FlinchNot, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user's website.

Translation

These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

Miscellaneous

The Agreement constitutes the entire agreement between FlinchNot and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FlinchNot may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.