TERMS OF USE AGREEMENT
(Unified User Agreement)
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT") CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES (COLLECTIVELY, THE "WEBSITE") AND ANY RELATED MOBILE APPLICATIONS (THE "APPLICATION"), RESOURCES, TOOLS, OR SERVICES (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES") OF FLIK LTD ("FLIK", "WE", "US", OR "OUR"), A COMPANY REGISTERED IN ENGLAND AND WALES, ITS AFFILIATES OR AGENTS, ARE CONTROLLED BY FLIK. THESE TERMS OF USE GOVERN THE ACCESS AND USE OF THE SERVICES BY ALL REGISTERED AND UNREGISTERED USERS ("USERS", "YOU", OR "YOUR"), WHETHER INDIVIDUALS OR CORPORATE ENTITIES.
FLIK IS A UNIFIED PLATFORM DESIGNED TO CONNECT USERS AND FACILITATE VARIOUS SOCIAL AND PROFESSIONAL INTERACTIONS. IN FLIK, THERE IS A SINGLE TYPE OF USER (A "USER"). ALL USERS OF THE PLATFORM HAVE ACCESS TO ALL SERVICES AND FEATURES, WHICH INCLUDE, BUT ARE NOT LIMITED TO: (I) SEARCHING FOR EMPLOYMENT, CONTRACT, OR PROJECT-RELATED OPPORTUNITIES AND INFORMATION; (II) POSTING AND OFFERING EMPLOYMENT, WORK, PROJECTS, OR GIG OPPORTUNITIES; (III) UPLOADING, STORING, SHARING, AND COLLABORATING ON FILES AND PROJECTS WITHIN SHARED DIGITAL WORKSPACES; (IV) LISTING, ADVERTISING, SEARCHING, AND BROWSING CO-LIVING SPACES, ROOMS, OR RESIDENCES; (V) CREATING, HOSTING, PROMOTING, RSVPING TO, AND PARTICIPATING IN EVENTS, MEETUPS, AND GATHERINGS; AND (VI) ENGAGING IN A SOCIAL NETWORK THROUGH PROFILES, FEEDS, POSTS, LIKES, COMMENTS, MESSAGING, AND CALLS.
BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES, AND/OR BROWSING THE WEBSITE OR DOWNLOADING FLIK'S MOBILE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE ON YOUR OWN BEHALF AND/OR ON BEHALF OF THE COMPANY OR EMPLOYER YOU REPRESENT (BINDING THAT ENTITY TO THESE TERMS), AND (4) YOU ARE WHO YOU CLAIM TO BE WHEN REGISTERING. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY FLIK IN ITS SOLE DISCRETION AT ANY TIME. We will notify you of material changes by updating the "Last Updated" date, posting a notice within the Application or on the Website, or sending an email to the last email address you provided. Any changes will be effective immediately for new Users, and thirty (30) days after posting or notification for existing Users. Continued use of the Services constitutes acceptance of such changes.
1. USE OF THE SERVICES AND FLIK PROPERTIES
The Services, software, databases, designs, layouts, graphics, and content (excluding User Content) related thereto (collectively, the "Flik Properties") are protected by copyright and intellectual property laws throughout the world. Subject to the Agreement, Flik grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a mobile device or computer that you own or control solely for your personal or internal business purposes in accordance with these Terms.
1.1 Application License. With respect to any Application accessed through or downloaded from the Apple App Store or Google Play Store (each an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on a branded device that runs the respective operating system (iOS or Android) and (ii) as permitted by the "Usage Rules" set forth in the App Store Terms of Service.
1.2 Certain Restrictions. You shall not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Flik Properties; (b) frame or utilize framing techniques to enclose any trademark, logo, or other Flik Properties; (c) use any metatags or hidden text with Flik's name; (d) modify, translate, adapt, merge, make derivative works of, decompile, reverse compile, reverse engineer, or disassemble any part of Flik Properties; (e) use automated scrapers, spiders, or crawlers to harvest data from our platform; (f) access Flik Properties to build a competitive product or service; or (g) remove or destroy any copyright notices or proprietary markings.
2. REGISTRATION AND ACCOUNT SECURITY
In order to access most features of Flik Properties, you must register an account ("Account") or link your Account with a valid account on a social networking service ("SNS") such as Google, Apple, or LinkedIn ("Third-Party Account").
2.1 Registration Data. You agree to provide true, accurate, current, and complete information as prompted by the registration form ("Registration Data") and maintain and update it. You are responsible for all activities that occur under your Account. You shall not share your Account or password. If you provide false information, or if Flik has reasonable grounds to suspect so, Flik has the right to suspend or terminate your Account.
2.2 Corporate Representation. If you register an Account on behalf of an employer, company, partnership, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement. The entity shall be fully responsible and liable for all actions, omissions, and breaches of this Agreement committed by any person accessing or using the Account.
2.3 Access Through SNS. By linking your Account to a Third-Party Account, you grant Flik access to store and make available personal info or content from that account ("SNS Content") in accordance with your privacy settings on that Third-Party Account. Flik is not responsible for any SNS Content or any actions or settings of Third-Party Accounts.
3. RESPONSIBILITY FOR CONTENT
3.1 User Content. You acknowledge that all files, materials, data, text, photos, audio, video, messages, job postings, residence listings, event descriptions, or other content ("User Content") are the sole responsibility of the party from whom such Content originated. You are entirely responsible for all User Content you upload, post, email, transmit, or otherwise make available ("Make Available") through the Services.
3.2 License to User Content. You retain ownership of your User Content. However, by making User Content available on or through the Services, you grant Flik a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such User Content (in whole or in part) for the purpose of operating, promoting, improving, and developing Flik Properties and Services.
4. USER CONDUCT AND SOCIAL NETWORK RULES
As a condition of use, you agree not to use the Services for any purpose prohibited by the Agreement or by applicable law. You shall not Make Available any User Content or take any action that:
- (a) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity;
- (b) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, or profane;
- (c) Promotes discrimination, hate speech, bigotry, racism, or harm against any individual or group;
- (d) Constitutes unauthorized advertising, spam, or bulk electronic communication;
- (e) Impersonates any person or entity, or misrepresents your qualifications, identity, or affiliation;
- (f) Contains software viruses, malware, or any code designed to disrupt, damage, or limit the functioning of any software or hardware; or
- (g) Intercepts, scrapes, or harvests data of other Users.
4.1 Moderation and Enforcement. Flik reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any User Content from the Services, and/or suspend or terminate any Account, at our sole discretion and without prior notice, for any violation of these terms or behavior deemed detrimental to the community.
5. PROFESSIONAL & RECRUITMENT SERVICES
Users may post job opportunities, gigs, and projects, or search and apply for them.
5.1 Job Postings. Users posting work opportunities warrant that: (i) the opportunities are genuine, accurate, and lawful; (ii) they comply with all applicable employment, labor, and non-discrimination laws in the relevant jurisdictions; and (iii) they do not require payment or fees from prospective candidates as a condition of application.
5.2 Prohibited Practices. You agree not to post false, misleading, or fraudulent job opportunities, or discriminate against applicants on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or any other protected characteristic under applicable law.
5.3 Disclaimer. Flik does not employ, screen, endorse, or guarantee the suitability, qualifications, or legal authorization of any User looking for work, nor do we guarantee the validity, safety, payment, or conditions of any posted job opportunity. Any recruitment, screening, interviewing, hiring, contracting, and payment are conducted solely between the respective Users at their own risk.
6. CO-LIVING & RESIDENCES ADVERTISING
Users may list, advertise, search, and browse rooms, apartments, and co-living accommodations ("Residences").
6.1 Platform Role Only. Flik acts solely as an advertising and listing venue. Flik is not a real estate broker, housing agent, property manager, landlord, tenant, host, or guest. Flik is not a party to any lease, rental agreement, or tenancy contract between Users.
6.2 No Warranties or Inspections. Flik does not inspect, verify, check, or warrant the condition, safety, cleanliness, pricing, legality, suitability, or physical existence of any listed Residence. Flik does not perform background or credit checks on hosts or guests.
6.3 Disclaimer of Liability. Any transaction, deposit payment, lease, or living arrangement is made at the Users' sole discretion and risk. Flik disclaims all liability for property damage, personal injury, breach of rental agreements, refund of deposits, eviction, or any disputes arising out of the listing or renting of Residences.
7. EVENTS & GATHERINGS
Users may create, host, promote, RSVP to, and attend events, meetups, workshops, or gatherings ("Events").
7.1 Organizer Responsibility. The User who creates/hosts an Event is the sole organizer and is fully responsible for all aspects of the Event, including securing venues, permits, safety measures, food/beverage licensing, and event logistics.
7.2 Platform Disclaimer. Flik is not the sponsor, host, organizer, or partner of any user-created Events. Flik does not verify the safety, security, or legality of Events.
7.3 Liability Waiver. By RSVPing or attending any Event, you acknowledge that participation is voluntary. Flik disclaims all liability for event cancellations, venue safety issues, personal injury, property damage, illness, theft, or misconduct of any attendee during or in connection with any Event. Any disputes regarding ticket refunds or organization must be resolved directly with the Event organizer.
8. WORKSPACES AND FILES
Flik offers shared digital collaboration areas ("Workspaces") where Users can collaborate, share resources, and upload files, documents, and assets ("Files").
8.1 Storage and Security. Users are solely responsible for the Files they upload to Workspaces. Flik does not guarantee the safety, backup, security, or permanent retention of Files. You must maintain your own local backups of all critical files.
8.2 File Restrictions. You must not upload any malicious code, viruses, corrupted files, encrypted malware, or files that violate the intellectual property or privacy rights of any third party.
8.3 Storage Limits. Flik reserves the right to establish limits on file size, storage capacity, and retention periods for Files and Workspaces. Flik reserves the right to delete inactive Files or inactive Workspaces after a reasonable period of notice or inactivity.
8.4 Disclaimer. Flik shall not be held liable for any data loss, file corruption, unauthorized third-party access (hacking), or disruption of access to your Workspaces.
9. THIRD-PARTY SERVICES
9.1 General Integrations. Flik Properties may integrate or link to third-party services, websites, or features (e.g. video and audio calling technology such as Agora or Zoom, mapping services, social login tools, and cloud storage providers). Flik is not responsible for, does not control, and does not warrant any aspect of such third-party integrations, which are governed solely by their respective terms of service and privacy policies.
9.2 App Stores. You acknowledge that this Agreement is between you and Flik, and not with Apple Inc. or Google LLC. Apple and Google have no obligation to furnish maintenance or support services for the Application, and are not responsible for any product claims, warranties, or intellectual property disputes.
10. FEES, BILLING, AND PAYMENTS
10.1 Free Promotional Period. Access to the Services and core platform modules is currently offered free of charge for early launch, testing, and promotional purposes.
10.2 Future Fees and Paid Services. Flik reserves the right, in its sole discretion, to introduce fees, pricing tiers, paid listings (such as premium job postings, highlighted residence listings, or featured events), premium workspace upgrades, or subscription models (collectively, "Paid Services") in the future.
10.3 Advance Funding. Flik may require you to pre-pay fees for certain Services (the "Advance Funding"). Flik may apply fees or other amounts due against your Advance Funding balance in accordance with Flik's then current policies, practices, and price lists. Flik may disable or suspend Services in its sole discretion if you have not provided sufficient Advance Funding or if Flik has a good faith concern regarding your ability to pay.
10.4 Payment Information. You will provide Flik with valid and updated credit card or payment information. You authorize Flik to charge your payment method for all payments due, including approved Advance Funding. By submitting payment details, you authorize Flik to provide that information to third-party payment processors.
10.5 Refunds. All Advance Funding and other amounts paid by you to Flik are non-refundable and non-cancellable, unless explicitly provided otherwise. If you believe a payment has been processed in error, you must provide written notice to Flik within thirty (30) days of the transaction, or the payment will be deemed final.
10.6 Taxes. Fees do not include any taxes, levies, duties, or assessments (such as VAT, sales, or withholding taxes) assessable by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your transactions under this Agreement.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold Flik, its corporate parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "Flik Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your User Content; (b) your use of, or inability to use, Flik Properties or Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including other Users; (e) your interaction with, hiring of, or employment relationship with any other User; (f) your listing, hosting, renting, or use of any Residence; (g) your organization of, promotion of, or attendance at any Event; or (h) your violation of any applicable laws, rules or regulations. Flik reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flik in asserting any available defenses.
12. EXCLUSION OF WARRANTIES
THE SERVICES AND PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLIK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLIK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, SECURITY, OR AVAILABILITY OF THE SERVICES, THE SUITABILITY OF CANDIDATES OR JOBS, THE CONDITIONS OF RESIDENCES, THE SAFETY OF EVENTS, OR THE RETENTION OF FILES. YOU INTERACT WITH OTHER USERS AND PARTICIPATE IN ALL TRANSACTIONS AT YOUR OWN RISK.
13. LIMITATION OF LIABILITY
13.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIK PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR WAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE USE OF THE SERVICES, RESIDENCE LISTINGS, EVENT HOSTING, WORKSPACE FILE LOSS, OR ACTIONS OF OTHER USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL FLIK PARTIES BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN FIFTY BRITISH POUNDS (£50) OR THE AMOUNT PAID BY YOU TO FLIK IN THE PRECEDING SIX (6) MONTHS, WHICHEVER IS GREATER.
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law. This Agreement, and any dispute, claim, or obligation (contractual or non-contractual) arising out of or in connection with it, shall be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Venue. Subject to Section 15 (Arbitration for US Residents), both you and Flik agree that the courts of England and Wales located in London shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
14.3 Mandatory Local Laws. If you reside in the European Union, Canada, or the United States, you may have the benefit of mandatory consumer protection laws and privacy rights of your country of residence, and you may bring claims in your local courts if required by such laws.
15. DISPUTE RESOLUTION (US RESIDENTS ONLY)
Please read the following section carefully. It requires Users resident in the United States to arbitrate disputes with Flik and limits the manner in which they can seek relief.
15.1 Binding Arbitration. If you are a resident of the United States, you and Flik agree that any dispute, claim, or controversy arising out of or relating to your use of the Services or this Agreement will be resolved by binding individual arbitration conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
15.2 Waiver of Jury Trial and Class Actions. YOU AND FLIK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A JURY TRIAL. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR CONSOLIDATED BASIS.
16. ACCOUNT DELETION AND DATA RIGHTS (GDPR, PIPEDA, CCPA)
16.1 Account Deletion. You have the right to delete your Account and associated data at any time. You can request deletion through the Account settings in the Application or by contacting us at support@fliknetwork.com. Upon deletion request, Flik will permanently delete or anonymize your personal data within thirty (30) days, unless legally required to retain it.
16.2 Privacy Rights. In compliance with the UK GDPR, EU GDPR, Canadian PIPEDA, and US state privacy laws (such as CCPA/CPRA), you have the right to access, rectify, delete, restrict, and port your personal data. For any data inquiries, please email support@fliknetwork.com.
17. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Flik respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing: (1) a signature of the copyright owner or agent; (2) a description of the copyrighted work claimed to be infringed; (3) the location of the infringing material on our platform; (4) your contact details; and (5) a statement of good faith belief. Send notices to: Copyright Agent, Flik Ltd, support@fliknetwork.com.
18. GENERAL PROVISIONS
18.1 Electronic Communications. Communications between you and Flik will be conducted electronically. You consent to receive notifications and agreements from Flik via the Application, Website, or email.
18.2 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent as nearly as possible, and the remaining portions shall remain in full force and effect.
18.3 Force Majeure. Flik shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
18.4 Entire Agreement. The Agreement is the final, complete, and exclusive agreement between the parties regarding the Services and supersedes all prior discussions and agreements.
18.5 Privacy. Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy to understand how we collect, use, and safeguard your personal data.
END OF AGREEMENT
Flik Ltd
Registered in England and Wales
Website: https://fliknetwork.com/
Email: support@fliknetwork.com