Terms

Fling App

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, non commercial use, and only in accordance with the features of the App as it is marketed by FlingAITech. FlingAITech reserves all rights not expressly granted herein in the App and the FlingAITech IP (as defined below). FlingAITech may terminate or suspend this license at any time for any reason or no reason.

Commercial Use

You may not use the App for commercial purposes. It is forbidden for any third parties to use any content from the App for commercial purposes as well.

Fling Accounts

Your FlingAI account gives you access to the App and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to FlingAI with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User's account without permission, allow others to use your account or transfer your account to others. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify FlingAITech immediately of any breach of security or unauthorized use of your account. FlingAITech will not be liable for any losses caused by any unauthorized use of your account.

By providing FlingAITech your email address you consent to our using the email address to send you App-related notices, including any notices required by law, in lieu of communication by postal mail.

Usage Rules

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated "scraping"
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the App in a manner that sends more request messages to the servers used by App than a human can reasonably produce in the same period of time by using a conventional on-line web browser
• Transmitting spam, chain letters, or other unsolicited email
• Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App
• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
• Uploading invalid data, viruses, worms, or other software agents through the App
• Collecting or harvesting any personally identifiable information, including account names, from the App
• Using the App for any commercial purposes
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
• Interfering with the proper working of the App
• Accessing any content on the App through any technology or means other than those capabilities provided by the App
• Bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein

We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. FlingAITech shall have no liability for conduct in relation to your use of our App.

You accept and acknowledge that FlingAITech is not responsible for User Content which is shared through the app or the use of the services and that it cannot be assumed that FlingAITech approves or recommend the User Content. FlingAITech is not obligated to subject the User Content through a prior screening, control, modification or erasure. If the User Content violates these terms and conditions, you are legally responsible for the possible consequences.

You acknowledge that User Content shared through the use of the app, can remain visible on the app after termination of our agreement, if it has been shared by other Users.

Community Guidelines

The purpose of FlingAI is to build a community of FlingAI fans to engage in positive and productive conversation. A team at FlingAITech monitors the app and all community hubs daily to make sure postings and discussions are appropriate in nature.

By posting/using the mobile application - FlingAI - you agree that we may use your likeness or comments to promote the FlingAI brand. We reserve the right to remove content and/or block you from the community page if your posts are deemed inappropriate due to the following:

• Contain language, images or video that is determined to be profane, obscene, vulgar or lewd
• Use language that can be perceived as derogatory or discriminatory (including comments about sex, age, race, sexual orientation, political or religious affiliation)
• Spamming comments posted regarding the same content matter, links, video, or any other media
• Use of specific names of individuals, clubs or identifiable names with language that defames, abuses, or threatens
• Promotion of any advertisement for products or services (unless approved by FlingAITech)

Third-Party Content

In order to provide you with the best experience using our technology, we may use the third-party videos or sounds and offer you a library of such content for the templates.

We use such content only in compliance with their respective Terms of Use, in good faith and conforming to the Fair Use/Fair Dealing Doctrine under the applicable laws. In particular, the purpose of the content' use is transformative. The original materials are used in a new unanticipated way, namely the results of the materials' use create the completely new videos, which are inherently of parodic nature. The results of the materials' use differ significantly from the original by the character, mostly parodic or satiric, and alter the originals with the new meaning, expression and message, creating the object of ridicule. The extent of use is strictly limited by the purpose of transformation.

We do not claim any rights whatsoever to the original pictures, sounds, videos or other intellectual property displayed on the materials contained in the templates and/or used by us in accordance with the Fair Use/Fair Dealing Doctrine, as prescribed herein or under the applicable laws. The contents of the templates are used solely for the purposes of creation of a transformative works (including parodies) on the terms set out herein. You shall not use such content otherwise than as allowed by the Fair Use/Fair Dealing Doctrine.

User Content

Some areas of the App provide Users the capability to create, share and post content such as profile information, photographs, videos, images, musical works, sound recording, narration, text and other material used to create a video clip, audio clip, picture, questions, and other material or information (any such materials a User provides, shares, submits, displays, or otherwise creates using the App are "User Content"). We claim no ownership rights over User Content created by you. FlingAITech has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current or you do not have all necessary rights and licenses to your User Content and to the granting of the rights to FlingAITech as provided in herein; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) contains any information or content that we deem to be objectionable or that restricts or inhibits any other person from using or enjoying the App, or that may expose FlingAITech or others to any harm or liability of any type; or (xi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets).

You retain all your ownership rights in your User Content. By posting User Content to the App, you automatically grant, and you represent and warrant that you have the right to grant, to FlingAITech an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the App or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the App at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that FlingAITech may retain archived copies of your User Content.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You can share your video clips created by App with others via email, SMS text messages, or third-party services such as Instagram, Facebook, YouTube, Twitter and Vine. FlingAITech has no control over third-party sites and services. If you choose to share your video on a third-party site or service, you do so at your own risk, and you understand that this Agreement (including the Privacy Policy) do not apply to your use of such sites. You are solely responsible for your videos and any sharing of the videos by you or through your account. You are responsible for ensuring that you have all Intellectual Property Rights for any User Content that you create via the App. You agree that FlingAITech shall not be liable for any violation of any laws or rights of third parties, including without limitation Intellectual Property Rights, rights of privacy, and rights of publicity, arising from or related to your creation or use of any User Content, and you agree to defend, indemnify, and hold harmless FlingAITech from any and all liability arising from your access to or creation, use, or sharing of any User Content.

Indemnity

You agree to defend, indemnify and hold harmless FlingAITech and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created, stored, shared or submitted via your account; or (vi) any other party's access and use of the App with your unique username, password or other appropriate security code.

No Warranty

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLINGAITECH OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FLINGAITECH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, IS IN COMPLIANCE WITH ANY APPLICABLE LEGISLATION, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.

FLINGAITECH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FLINGAI APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FLINGAITECH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLINGAITECH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL FLINGAI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLINGAITECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FLINGAITECH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FLINGAITECH PRIOR TO THE DATE ON WHICH THE RELATED DAMAGE TOOK PLACE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FLINGAITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU AND FLINGAITECH AGREE THAT YOU AND FLINGAITECH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

Refunds and Money-Back Guarantee

We offer a comprehensive refund policy for subscription purchases made through our web platform only. Mobile app purchases are subject to the respective app store's refund policies (Apple App Store or Google Play Store). The scope of your refund depends on when you request it:

Refund Processing:

• Refunds will be processed using the original payment method
• Processing time for refunds may take 5–10 business days depending on your payment provider
• Refund eligibility is calculated from the date of each individual payment
• We reserve the right to deduct any expenses incurred by us in processing or delivering the service from the refund amount

How to Request a Refund:

To request a refund, please contact our support team at [email protected] with your account information and reason for the refund request. Our team will review your request and process eligible refunds promptly.

Note: This 30-day money-back guarantee applies only to purchases made through our web platform. Mobile app purchases are governed by the respective app store's refund policies. Refunds are processed at our discretion and in accordance with applicable laws and payment provider policies. This money-back guarantee does not affect your statutory rights as a consumer.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

Trademark Information

You agree that all of FlingAI trademarks, trade names, service marks and other FlingAI logos and brand features, and product and service names are trademarks and the property of FlingAITech (the "FlingAI Marks"). Without prior permission, you agree not to display or use in any manner the FlingAI Marks.

Procedure for Making Claims of Copyright Infringement

We respect intellectual property rights, including copyrights. The use of any material or content (including video or sound) is prohibited if you do not own the related intellectual property rights, or own the necessary licenses. We reserve to take down any content that violates intellectual property rights.

If you believe that your work has been copied and posted on the App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the App of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for FlingAITech's Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]. FlingAITech may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users.

Violations

Please report any violations of the Services to us: [email protected].

Updates to this Policy

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.