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Terms of Service

Last updated: February 14, 2025

1. Acceptance of Terms

By accessing or using the Fliqs platform, website, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Fliqs AI, Inc. ("Fliqs," "we," "us," or "our"). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. We reserve the right to request proof of age at any time and to terminate accounts that do not meet this eligibility requirement.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Fliqs will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Description of Service

Fliqs provides an AI-powered photo generation and optimization platform designed to create personalized, match-optimized photos for dating applications and personal use. The Service may include, but is not limited to, AI identity model creation, photo generation, photo editing, profile optimization tools, messaging assistance, coaching services, community access, and educational content. The specific features available to you depend on your subscription tier. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability.

5. Subscription Plans and Billing

Fliqs offers various subscription plans, each with different features and pricing. By selecting a subscription plan, you agree to pay the applicable fees as described at the time of purchase. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected billing cycle). Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You authorize us to charge your designated payment method for all fees incurred in connection with your subscription. All fees are quoted in U.S. dollars unless otherwise specified. We reserve the right to change subscription fees at any time, provided that we will give you reasonable notice of any fee increase before it takes effect. If you do not agree with a fee change, you may cancel your subscription before the change takes effect.

6. Free Trials

Fliqs may offer free trial periods for certain subscription plans. During the free trial, you will have access to the features included in the applicable plan at no charge. At the end of the free trial period, your subscription will automatically convert to a paid subscription, and your payment method will be charged the applicable subscription fee unless you cancel before the trial period ends. You are responsible for tracking your trial period and canceling before it expires if you do not wish to continue with a paid subscription. Trial eligibility is limited to one trial per person, and we reserve the right to determine trial eligibility in our sole discretion. We may modify or discontinue free trial offers at any time without notice.

7. Payment Processing

All payment transactions are processed through our third-party payment processor, Stripe. By providing your payment information, you agree to Stripe's terms of service and privacy policy. You represent and warrant that you are authorized to use the payment method you provide and that the information you supply is true, correct, and complete. Fliqs is not responsible for any errors or issues arising from the payment processing services provided by Stripe. In the event that a payment fails or is declined, we may suspend or terminate your access to paid features until a valid payment method is provided and all outstanding charges are settled.

8. Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation, your subscription will remain active until the end of your current billing period, after which you will not be charged further. You will continue to have access to the features of your subscription plan until the end of the paid billing period. Please note that canceling your subscription does not automatically delete your account or any data associated with it. If you wish to delete your account entirely, you must submit a separate request through our contact page. We reserve the right to cancel or suspend your subscription and access to the Service at any time for violation of these Terms or for any other reason in our sole discretion.

9. Fees, Charges, and Payment Terms

All fees paid for subscription plans and services are final and non-refundable, except as expressly set forth herein or as required by applicable law. This includes, without limitation, fees for subscription plans, one-time purchases, add-on services, coaching sessions, and any other paid features or content offered through the Service. By subscribing to a plan or purchasing any service, you acknowledge and agree that you are making a commitment to pay for the entire billing cycle and that no refunds, credits, or exchanges will be issued for partial use, dissatisfaction with results, unused features, or failure to cancel before a renewal date. You further acknowledge that the nature of AI-generated content means that results may vary, and variation in output quality does not constitute grounds for a refund. If you believe there has been a billing error, you must contact us within 14 days of the charge in question. We will review the matter and, in our sole discretion, determine whether a correction or adjustment is warranted. Fliqs reserves the right to modify its pricing, fees, and billing practices at any time. Any changes will apply to billing cycles beginning after the date of the change.

10. User Content and Uploads

You retain ownership of the photos and content you upload to the Service ("User Content"). By uploading User Content, you grant Fliqs a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, and display your User Content solely for the purpose of providing and improving the Service, including training and improving our AI models. You represent and warrant that you own or have the necessary rights and permissions to upload and share your User Content, and that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party. You agree not to upload any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

11. AI-Generated Content

The photos and content generated by the Service using AI technology ("Generated Content") are created based on your User Content and our AI models. While we strive to produce high-quality results, we do not guarantee that Generated Content will meet your specific expectations or requirements. AI-generated images are approximations and may contain imperfections, artifacts, or variations from your actual appearance. You acknowledge that Generated Content is produced by automated systems and may not be identical to real photographs. Subject to your compliance with these Terms and your active subscription, you are granted a non-exclusive, non-transferable license to use Generated Content for personal, non-commercial purposes, including use on dating platforms and social media profiles. You agree not to use Generated Content for any fraudulent, deceptive, or illegal purpose.

12. Intellectual Property

The Service, including its original content, features, functionality, design, code, AI models, algorithms, trademarks, logos, and all related intellectual property, is and will remain the exclusive property of Fliqs and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms grants you any right to use the Fliqs name, logo, domain names, or other distinctive brand features. Any feedback, suggestions, or recommendations you provide regarding the Service may be used by Fliqs without any obligation to you.

13. Prohibited Conduct

You agree not to: (a) use the Service for any illegal or unauthorized purpose; (b) upload, post, or transmit any content that violates the rights of any third party; (c) attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service; (d) use the Service to generate content that impersonates another person without their consent; (e) interfere with or disrupt the Service or servers or networks connected to the Service; (f) use any automated means, including robots, crawlers, or scrapers, to access the Service; (g) reverse engineer, decompile, or disassemble any aspect of the Service; (h) resell, redistribute, or commercially exploit the Service or any Generated Content without our prior written consent; (i) use the Service to create content that is sexually explicit, violent, hateful, or discriminatory; or (j) violate any applicable local, state, national, or international law or regulation.

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy. We implement reasonable security measures to protect your personal information, but no method of transmission over the Internet or method of electronic storage is completely secure. We cannot guarantee the absolute security of your data. For more details, please review our Privacy Policy.

15. Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or applications that are not owned or controlled by Fliqs, including but not limited to Stripe for payment processing and various dating platforms. Fliqs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Fliqs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLIQS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLIQS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIQS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY RESULTS OBTAINED THROUGH THE SERVICE, INCLUDING AI-GENERATED CONTENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIQS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIQS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY AI-GENERATED CONTENT OR RESULTS PRODUCED BY THE SERVICE. IN NO EVENT SHALL FLIQS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO FLIQS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

18. Indemnification

You agree to defend, indemnify, and hold harmless Fliqs, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your User Content; (d) your violation of any third-party rights, including intellectual property rights or privacy rights; or (e) any claim that your User Content caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

19. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state in which Fliqs is headquartered. You agree that any arbitration shall be conducted on an individual basis and not as a class action, collective action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Fliqs. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Delaware for any legal proceedings arising out of or relating to these Terms that are not subject to arbitration as described above.

21. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification provisions, limitations of liability, and dispute resolution provisions. If you wish to terminate your account, you may do so by contacting us through our contact page or by canceling your subscription through your account settings.

22. Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. The failure of Fliqs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Fliqs on the Service, constitute the entire agreement between you and Fliqs concerning the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

24. Contact Information

If you have any questions about these Terms of Service, please contact us through our contact page.