Terms and Conditions

Last Updated: January 15, 2025

Welcome to Floyi! These Terms and Conditions govern your use of our platform and services. By accessing or using Floyi, you agree to be bound by these terms. If you do not agree, please discontinue your use of our platform.

1. Acceptance of Terms

1.1 Agreement to Terms:

By creating an account, accessing, or using the Floyi platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must immediately cease all use of Floyi.

1.2 Age Requirement:

Floyi’s services are available only to individuals who are 18 years or older. By using our platform, you represent and warrant that you meet this age requirement.

1.3 Binding Agreement:

These Terms constitute a legally binding agreement between you and Floyi. Any use of the platform implies acceptance of these Terms.

1.4 Updates to Terms:

Floyi reserves the right to modify these Terms at any time at its sole discretion. Any changes will take effect immediately upon posting. Continued use of the platform after changes signifies your acceptance of the revised Terms. We encourage you to review this document periodically.

2. Account Responsibilities

2.1 Account Creation:

To use certain features of Floyi, you must register for an account. You agree to provide accurate, current, and complete information during the registration process.
If your account details change, you must promptly update your account information to ensure its accuracy.

2.2 Account Security:

You are solely responsible for maintaining the confidentiality of your login credentials and any activities or actions taken under your account.
Notify Floyi immediately of any unauthorized access, breach, or suspected misuse of your account. Floyi will not be liable for any loss or damage arising from unauthorized use of your account.

2.3 Authorized Use:

You may not share your account credentials with any third party.
You are responsible for all activities that occur under your account, whether authorized by you or not.

2.4 Prohibited Actions:

You agree not to:

Use Floyi for any unlawful purposes or in violation of applicable laws and regulations.
Modify, reverse-engineer, or disassemble any aspect of the platform or services.
Transmit or distribute viruses, malware, or other harmful code through Floyi.
Impersonate another user or misrepresent your affiliation with any person or entity.

2.5 Account Termination:

Floyi reserves the right to suspend or terminate your account for:

Providing false or incomplete information.
Engaging in prohibited activities or violating these Terms.
Non-payment of any applicable fees.

3. Subscription Plans and Payments

3.1 Subscription Overview:

Access to premium features of Floyi requires a paid subscription. Subscription tiers, pricing, and benefits are detailed on our pricing page.
By subscribing, you agree to pay all fees associated with your selected plan.

3.2 Billing and Payment:

Payments are processed automatically at the start of each billing cycle through Stripe. You authorize Floyi to charge your selected payment method.
If payment cannot be processed, Floyi may suspend or terminate access to the services.

3.3 Renewals and Cancellations:

Subscriptions automatically renew at the end of each billing cycle unless canceled through your account settings and the Stripe customer portal.
You must cancel at least 24 hours before the next billing cycle to avoid charges for the following period.

3.4 Refund Policy:

Floyi operates a no-refund policy. All payments are final, including subscriptions, one-time purchases, and credits.This policy applies regardless of usage levels or subscription duration.
Floyi offers a free plan that allows users to evaluate the platform’s features before committing to a paid plan. This ensures that users can make informed decisions about upgrading to a subscription or purchasing additional credits.
Due to the nature of digital services, refunds cannot be issued once services are accessed or credits are used, as these cannot be “returned” in the traditional sense.
In rare and exceptional cases, Floyi may consider refund requests at its sole discretion.
- To request a refund under exceptional circumstances, you must submit a written request within 14 days of the transaction date.
- Provide details of the issue, including relevant account and transaction information.

3.5 Promotions and Discounts:

Any promotional offers, discounts, or free trials are subject to specific terms. Promotions may be time-limited and non-transferable.

3.6 Taxes:

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for any such additional charges.

4. Intellectual Property

4.1 Ownership:

All materials on the Floyi platform, including but not limited to text, graphics, software, and features, are the exclusive property of Floyi or its licensors. These materials are protected under copyright, trademark, and other intellectual property laws.

4.2 Limited License:

Floyi grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the platform for personal or business purposes consistent with these Terms.
This license does not allow you to:
Copy, distribute, or modify any part of Floyi without prior written consent.
Create derivative works or publicly display content sourced from Floyi without authorization.

4.3 Trademarks:

Floyi’s trademarks, logos, and branding elements may not be used in connection with any product or service without the prior written permission of Floyi.

4.4 Intellectual Property Violations:

If you believe your intellectual property rights have been infringed, please contact Floyi at hello[at]floyi.com with detailed information about the alleged infringement.

5. User-Generated Content

5.1 Ownership of Content:

Users retain ownership of the content they create, upload, or share through the Floyi platform. By submitting content, you affirm that you own the rights to it or have the necessary permissions to use it.

5.2 License to Floyi:

By uploading or creating content on Floyi, you grant Floyi a worldwide, non-exclusive, royalty-free license to use, modify, reproduce, and distribute your content for the sole purpose of operating and improving the platform. This license is terminated upon removal of your content from the platform.

5.3 Prohibited Content:

You agree not to submit content that:

Violates intellectual property rights, privacy rights, or any applicable laws.
Contains malware, spam, or deceptive practices.
Promotes violence, hate speech, or harassment.

5.4 Content Moderation:

Floyi reserves the right to monitor, review, and remove user-generated content that violates these Terms or is deemed inappropriate, without prior notice.

5.5 Responsibility for Content:

Users are solely responsible for the content they create or share on Floyi. Floyi is not liable for any user-generated content posted on its platform.

6. Data Retention and Backups

6.1 Data Storage:

Floyi will store data you upload or generate as part of your use of the platform. While we take reasonable steps to secure and protect this data, we cannot guarantee its security against unauthorized access or breaches.

6.2 Data Retention Policy:

For active subscriptions, your data will be retained as long as your account remains active.
Upon subscription cancellation, users have 30 days from the end of the billing period to export and back up their data. After this period, Floyi will permanently delete the data.

6.3 Data Backups:

While Floyi performs regular data backups to prevent loss, users are encouraged to maintain their own backups of critical data. Floyi will not be held liable for data loss due to user inaction or unforeseen technical failures.

6.4 Free and Pay-As-You-Go Plans:

For users on free and pay-as-you-go plans, data related to projects or tasks will be deleted 30 days after creation unless associated with an active subscription.

6.5 Responsibility for Data:

Users are solely responsible for ensuring that they back up and export their data before termination or deletion deadlines. Floyi is not responsible for data lost or deleted after the retention period.

6.6 Data Deletion Notifications:

Floyi will notify users via email and in-app alerts regarding upcoming data deletion. These notifications will serve as a reminder to take necessary action.

7. Termination

7.1 Termination by Floyi:

Floyi reserves the right to suspend, restrict, or terminate your account or access to the platform at its sole discretion, with or without prior notice, for reasons including but not limited to:
Violation of these Terms.
Non-payment of subscription fees.
Engaging in activities that disrupt or harm Floyi or its users.
Providing false or incomplete account information.
Misuse of the platform, including prohibited content or activities

7.2 Termination by User:

You may terminate your subscription and account at any time through your account settings and the Stripe customer portal.
Termination requests must be completed before the end of your billing cycle to avoid charges for the next period.

7.3 Effect of Termination:

Upon termination, your right to access and use Floyi ceases immediately.
Floyi may retain limited user data as required by law or for legitimate business purposes, in accordance with our Privacy Policy.
Any outstanding payments or obligations incurred before termination remain due and enforceable.

7.4 No Refunds:

Floyi does not offer refunds for terminated accounts or unused subscription time, in accordance with our No Refund Policy.

7.5 Survival of Terms:

Provisions regarding intellectual property, limitation of liability, indemnification, and governing law survive termination of this agreement.

We reserve the right to suspend or terminate your access to Floyi at any time, with or without notice, for:

8. Disclaimer of Warranties

8.1 “As-Is” and “As-Available” Basis:

Floyi is provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, Floyi disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Guarantee of Results:

Floyi does not guarantee that the platform will meet your specific requirements, or that access will be uninterrupted, secure, or error-free.
Results obtained from using the platform, including analytics or generated content, are not guaranteed to be accurate or reliable.

8.3 External Factors:

Floyi is not responsible for delays, interruptions, or failures caused by external factors, such as third-party service providers, hardware failures, or internet connectivity issues.

8.4 User Responsibility:

You assume full responsibility for any decisions or actions taken based on your use of the Floyi platform, including but not limited to business, financial, or legal decisions.

8.5 Third-Party Content and Services:

Floyi may provide access to third-party content, tools, or integrations. Such services are provided “as-is,” and Floyi makes no warranties regarding their functionality, accuracy, or suitability.

9. Limitation of Liability

9.1 Exclusion of Certain Damages:

To the maximum extent permitted by law, Floyi and its affiliates, officers, employees, and agents are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Loss of profits, revenue, or business opportunities.
Loss or corruption of data.
Costs of substitute services or goods.

9.2 Liability Cap:

Floyi’s total liability, whether in contract, tort, or otherwise, is limited to the amount you paid for your subscription in the six months preceding the event that gave rise to the claim.

9.3 Jurisdictional Limitations:

Some jurisdictions do not allow exclusions or limitations of liability for consequential or incidental damages. In such cases, Floyi’s liability will be limited to the fullest extent permitted by applicable law.

9.4 User Assumption of Risk:

By using Floyi, you acknowledge and accept that the platform’s performance may be influenced by factors outside Floyi’s control, and you assume the risk of any loss resulting from these factors.

9.5 No Liability for Unauthorized Use:

Floyi is not liable for any unauthorized access to or use of your account or data due to your failure to secure your account credentials.

10. Indemnification

10.1 User Agreement to Indemnify:

You agree to defend, indemnify, and hold Floyi, its affiliates, officers, directors, employees, agents, and licensors harmless from any claims, damages, liabilities, losses, or expenses, including reasonable attorney fees, arising from or related to:
Your use or misuse of the Floyi platform.
Your violation of these Terms of Service or applicable laws.
Your infringement of the intellectual property or privacy rights of any third party.
Any content you upload, post, or transmit through Floyi that violates any third-party rights or applicable law.

10.2 Notification and Cooperation:

Floyi will promptly notify you of any claim subject to indemnification. You are required to cooperate fully in the defense or settlement of such claims.
Floyi reserves the right to assume exclusive control of the defense of any claim at its own expense.

10.3 No Settlement Without Consent:

You may not settle any claim without Floyi’s prior written consent, unless the settlement fully releases Floyi and imposes no obligations or liabilities on Floyi.

11. Modifications to Terms

11.1 Right to Modify:

Floyi reserves the right to amend, modify, or update these Terms of Service at any time, at its sole discretion. Changes will become effective immediately upon posting the updated Terms on the Floyi platform.

11.2 User Notification:

Floyi will make reasonable efforts to notify users of significant changes to the Terms, including via email or in-app notifications. It is your responsibility to ensure your contact information is accurate to receive such notices.

11.3 Continued Use as Acceptance:

Your continued use of the Floyi platform after any modifications signifies your acceptance of the updated Terms. If you do not agree to the changes, you must stop using Floyi immediately.

11.4 Review of Terms:

Floyi encourages users to review these Terms periodically to stay informed about updates. The “Last Updated” date at the top of this document reflects the most recent revision.

12. Governing Law and Disputes

12.1 Jurisdiction:

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles.

12.2 Binding Arbitration:

All disputes arising out of or related to these Terms or your use of the Floyi platform will be resolved through binding arbitration, in accordance with the rules of the International Centre for Dispute Resolution (ICDR).
Arbitration will take place in person in the United States or online, and proceedings will be conducted in English.

12.3 Exceptions to Arbitration:

Either party may bring claims in small claims court for disputes within the court’s jurisdiction.
Claims involving intellectual property infringement may also be brought before a court of competent jurisdiction.

12.4 Class Action Waiver:

You agree to resolve disputes with Floyi on an individual basis and waive your right to participate in a class or representative action.

12.5 Limitation on Claims:

Any claim or cause of action arising out of or related to your use of Floyi must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

12.6 Equitable Relief:

You acknowledge that unauthorized use of Floyi may cause irreparable harm for which monetary damages may not be adequate. Floyi reserves the right to seek injunctive or other equitable relief in such cases.

13. Contact Information

For questions or concerns regarding these Terms and Conditions, please contact us at:

Floyi
c/o Nest 18 LLC
5830 E. 2nd Street, Suite 7000
Casper, WY 82609
+1 212.930.9302

Email: hello [at] floyi.com