User Agreement

1. This Agreement (Agreement) is a binding contract between you (User) and the Flagpole Corp. It contains the rules and restrictions that govern use of the marketplace of digital guides (Guides) on the Flagpole (App) and www.flagpole.app (Site). Site and App together called Platform.
2. User agrees to this Agreement when using the Platform.

1. Account

1. User needs an Account to use our Platform. To create one, User must be capable. User may delete Account at any time.
2. To create an Account, User must have a valid email address, and provide truthful and accurate information.
3. User is responsible for the activity on the User's Account.
4. Flagpole Corp. will send to the User information relating to User’s Account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, electronic cash receipts) in electronic form only, for example via emails to User’s email address provided during registration. 

2. Intellectual property

1. There are three types of IP on the Platform: (i) the Platform, (ii) Guides and (ii) user generated content.
2. Flagpole Corp. or its licensors own and reserve all rights, including title and interest in the Platform and associated intellectual property rights.
3. The Platform content is licensed to User, not sold. Flagpole Corp. grants User a personal, limited, non-transferable, revocable, and non-exclusive license to use the Platform to which User has access for User non-commercial use, subject to User’s compliance with this Agreement.
4. User may not share access, copy, modify or distribute any Guides from the Platform.
5. In the event that User provides any comments, information, videos, photographs, reviews, or any other material contained in any communication that User may post, upload or submit to the Platform, User automatically grant Flagpole Corp. a perpetual, royalty-free, exclusive, irrevocable license to use, include in marketing materials, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such User Content in any manner and media and by means of any technology now known or hereafter developed. User also confirms Flagpole Corp.: (i) that User Content is wholly original to User; (ii) that User Content does not contain any confidential or proprietary information; (iii) that User Content does not infringe any third party's rights including intellectual property rights; (iv) that Flagpole Corp. is free to implement the User Content, at its discretion, as provided by User or modified by it, without obtaining further permission from User or any third party, and without any additional consideration of any kind.

3. Availability of the Platform and Updates

1. Platform may not always be available or operate on all devices. Flagpole Corp. also may make updates or changes to our Guides.
2. Flagpole Corp. does not guarantee that any Platform content will be always available, in all locations, or at any given time or that Flagpole Corp. will continue to offer a particular Guides for any particular length of time. Flagpole Corp. does not guarantee that Platform content can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
3. From time to time, Flagpole Corp. may update, change, or modify Guides without notice to User. These updates and modifications may be required in order to continue to use Platform.

4. Subscription and Payments

1. Without subscription a User only has free content available if such exists. To access a Guide, User needs to get a Subscription. Subscription allows User to access one selected Guide. To access other Guides, User needs separate subscriptions. Flagpole Corp. offers a monthly Subscription where User pays per month.
2. To get a Subscription, User needs to fill in the form on the Site and provide one or more Payment Methods. User authorizes Flagpole Corp. to charge any Payment Method associated with User’s account in case User’s primary Payment Method is declined or no longer available to Flagpole Corp. for payment of User’s subscription fee. User remains responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and User does not cancel an account, Flagpole Corp. may suspend User’s access to the Platform until Flagpole Corp. has successfully charged a valid Payment Method.
3. After successful payment User will get a Special code. To activate a Special code, it must be entered in a special field in the App. Without entering a Special code User cannot access the selected Guide.
4. From the moment User receives a Special code, Platform is considered to have fulfilled its obligations under the Agreement regardless of User’s further actions.
5. User’s Subscription will continue until terminated. Unless User cancels Subscription before User’s billing date, User authorizes Flagpole Corp. to charge the subscription fee for the next billing cycle to User’s Payment Method.
6. Flagpole Corp. may from time to time offer special promotional offers or subscriptions (Offers). Offer eligibility is determined at our sole discretion and Flagpole Corp. reserves the right to revoke an Offer and put User’s account on hold if Flagpole Corp. determines User is not eligible. Members of households with an existing or recent subscription may not be eligible for certain introductory Offers. The eligibility requirements and other limitations and conditions will be disclosed before User signs-up for the Offer or in other communications made available to User.
7. If User is located in the jurisdiction in which Flagpole Corp. is required to charge and collect tax (e.g. VAT or sales tax), then this tax is added to the total charge. As tax is largely dependent on User’s location, User is responsible for keeping address complete and up to date.
8. Depending on User’s location, some banks may charge User a foreign transaction fee for a Subscription. Flagpole Corp. does not control this charge.

5. Cancellations

1. User can cancel a Subscription at any time.
2. If User cancels its Subscription, its account will automatically close at the moment of cancellation and User will no longer have access to Guide.
3. If User cancels its Subscription, the Platform will refund User the one monthly Subscription fee.

6. Termination and Other Sanctions

1. If User breaks this Agreement or the law, Flagpole Corp. may suspend or terminate its use of the Platform, without refunds.
2. This Agreement is effective until terminated by User or Flagpole Corp.
3. Flagpole Corp. may terminate User’s access and use of the Platform if Flagpole Corp. determines that User has violated this Agreement or that there has been otherwise unlawful, improper, or fraudulent use of the Platform.
4. Instead of termination and prior to any termination, Flagpole Corp. may issue User a warning, suspend or alter access to the Platform.
5. Flagpole Corp. may terminate any Guide at any time by giving at least thirty days' notice either via email (if available) or within the Platform.
6. If User terminates this Agreement, User agrees to cease all use of the Platform.

7. Restrictions

1. User agrees to use the Platform, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
2. User agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this Agreement) content and information contained on or obtained from or through the Platform.
3. User agrees not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Platform; use any robot, spider, scraper or other automated means to access the Platform; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform; insert any code or product or manipulate the content of the Platform in any way; or use any data mining, data gathering or extraction method. In addition, User agrees not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware equipment associated with the Platform, including any software viruses or any other computer code, files, or programs.

8. Limitation of Liability

1. User acknowledges and agrees that the use of the Platform is at User's own risk and that the Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Flagpole Corp. disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
2. In particular, Flagpole Corp. makes no representations or warranties about the accuracy or completeness of content available on or through the Platform or the content of any social media platform or third party website linked to or integrated with the Platform. User acknowledges and agrees that Flagpole Corp. will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from access to or use of the Platform; (iii) any unauthorized access to or use of servers, any personal information, or user data; (iv) any interruption of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through the Platform; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through the Platform.
3. To the fullest extent permitted by applicable law, User acknowledges and agrees that in no event will Flagpole Corp. be liable to User or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with this Agreement, however caused, whether such liability arises from any claim based upon the Agreement, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Flagpole Corp. has been advised of the possibility of such damages.
4. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to a User, some or all of the above exclusions or limitations may not apply to a User, and User might have additional rights.
5. User agrees that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Flagpole Corp. and User.

9. Changes to this Agreement

1. This Agreement, together with any other terms that govern use of Platform, constitutes the entire agreement between User and Flagpole Corp.
2. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
3. Flagpole Corp. may modify this Agreement from time to time by posting an updated version on the Site or (and) in the App. Continued use of Platform means that User accepts changes.