Terms of Service
Thank you for using Flutter. By using, accessing, or registering for the Flutter website or mobile application in
any way (collectively, the
"Application"), you agree to be bound by this Terms of Service Agreement (the "Agreement") by and between Flutter
Technologies, Inc. (the "Company") and
you. This Agreement may be modified, replaced, or revised by the Company at any time by posting a new version of the
Agreement on the Application and by
posting notification of the change within the Application. This Agreement was last modified on October 4, 2016.
Eligibility and Use
By using the Application, you represent and warrant that:
you are 18 years or older and have the authority and capacity to enter into this Agreement;
you are legally permitted to use the Application;
all information that you submit upon registration is accurate, truthful, and complete and you will
maintain the accuracy, truthfulness, and
completeness of the information at all times;
you will not impersonate any other person when using the Application;
you will not use the Application for any purpose that is illegal, offensive, or designed to harass or
intimidate any other person;
you will not disrupt, hack, decode, decompile, or reverse engineer the Application;
you are not located in a country subject to a US embargo or that has been designated by the US
government as a "terrorist supporting" country;
you are not listed on any US government list of prohibited or restricted parties.
The Company may terminate your use of the Application at any time and for any reason, with or without
notice. The Company may ban or prevent any
person from joining the Application in its sole discretion.
You agree not to post, send, upload or transmit (collectively, "post") to the Application or to any other
user, any material which is (in the sole
judgment of the Company) offensive, illegal, threatening, racist, objectionable, sexist, harassing, or
commercial in nature. The Company may,
without notice and in its sole discretion, monitor, modify, delete, or censor any posted material.
By posting any material of any kind on the Application, grant to the Company, its affiliates, licensees and
successors, an irrevocable, perpetual,
non-exclusive license to use, copy, store, perform, display, distribute, and modify the material or any
The Application is a marketplace that connects third party merchants ("Merchants") and users. Users may
purchase the goods or services
(collectively, "Offers") of Merchants on the Application. Merchants are not employees, agents, joint
venturers, or otherwise affiliated with the
Company. All transactions between users and Merchants are agreements made strictly between such Users and
Merchants. Under no circumstance will
Company be held responsible for the delivery, accuracy, quality, safety, or content of the Offers. You agree
that your only recourse as it relates
to the delivery, quality, or safety of any Offer is with the Merchant.
By purchasing an Offer, you agree to pay the set price through the Application. The Application will process
the payment through a third party
payment processor on behalf of the Guide. Upon purchasing an Offer, you will be given access to an
electronic voucher which may be redeemed for the
goods or services described in the Offer. You must bring the voucher to the Merchant at the time of the
Offer in order to be granted access.
Refunds and exchanges will only be provided for as described in the Offer. No other refunds or exchanges
will be offered.
Offer pricing is set by the Merchants and not the Company. Pricing is subject to change at any time with or
without notice. The Company will not be
responsible for changes or discrepancies in the pricing or availability of Offers. Other than as provided
for in the Offer, the Company will not,
under any circumstance, offer any refund for services or goods that were not performed or delivered.
If you purchase an Offer, you agree that you meet all physical, cognitive, age, health and other
requirements necessary as indicated by the Offer.
The Merchant shall be solely responsible for performing the services described in the Offer and you agree to
contact the Merchant directly to
determine whether you may participate in an Offer.
Scope; Certain Rights and Responsibilities
The parties acknowledge that by accepting this Agreement, you are granted a non-transferable license to use
the Application on devices you own or
control (including any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set
forth in the App Store Terms of
Application). The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the
Application. The parties acknowledge that the Company is solely responsible for addressing any claims
relating to the Application or your
possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii)
any claim that the service fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. In the event
of any third party claim that the Application or your possession and use of the Application infringes that
third party’s intellectual property
rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of
any such intellectual property
infringement claim. The parties agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of
this Agreement, and that, upon your
acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce the Agreement against you as a
third party beneficiary thereof.
You acknowledge and agree that all intellectual property used in the Application is property of its
respective owner and that no license,
assignment, or sale of intellectual property has been offered to you. You agree not to use any of the
intellectual property associated with the
Application, or derivatives thereof, including the name “Flutter," for any purpose other than those
expressly permitted in this Agreement. The
Company reserves all rights to all intellectual property used within the Application.
You agree not to use the Application to distribute, share, copy, transmit, or sell any intellectual property
to which you do not own the rights.
The Company takes security seriously. In order to protect the security of all users, you agree to maintain
the confidentiality of your username and
password. You agree to be solely responsible for all activities and purchases that occur under your username
and password. You agree to immediately
notify the Company of any unauthorized use of your username or password or any other breach of security, and
ensure that you log out from your
account at the end of each session.
No Unauthorized Commercial Use
The Application is for personal entertainment use only. You agree that you will not to use the Application
to solicit, sell, or advertise services
without becoming a Merchant.
Modifications to User Accounts and Application
The Company reserves the right (at any time and in its sole discretion) to modify or discontinue,
temporarily or permanently, the Application, or
your use of such, with or without notice. You agree that the Company shall not be liable to you or to any
third party for any modification,
suspension or discontinuance of the Application. To protect the integrity of the Application, the Company
reserves the right at any time in its
sole discretion to block Users from certain IP addresses from accessing any or all of the Application.
LIMITATION OF DAMAGES
The Application, the Offers, and all related services made available by, or on, the Application are
provided "as is," "where is," and "with all
faults," without any guarantees, representations, or warranties, whether express or implied, including
(but not limited to) any warranties for
fitness for a particular purpose, merchantability, or accuracy.
The Application may not be accessible at all times and under no circumstance shall the Company be liable
for any damages resulting from your
inability to access or use the Application.
The Company will under no circumstance be liable for any direct, indirect or consequential loss or
damage incurred by any user in connection
with the Application, any content posted by Merchants (including Offers), or the interactions among
users and Merchants, including, without
limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts,
loss of anticipated savings, loss of
data, loss of goodwill, and for any other loss or damage of any kind, however arising and whether caused
by tort, fraud, breach of contract, or
otherwise, even if the Company has been advised of the possibility of such damage.
You agree to participate in Offers and to interact with Merchants solely at your own risk. The Company
does not and cannot monitor activities
related to Offers. You agree to use caution when assessing any Offer.
You agree to indemnify and hold the Company, its subsidiaries, parents, and affiliates, and its and their
officers, agents, partners and employees,
harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of
or failure to comply with this
Agreement, your use of the Application, and your violation of any statute, regulation, ordinance, code, or
Use of Mobile Device
The Application uses or may use certain features of your mobile phone, including GPS location services,
data, and phone. You agree that the
Application may access these services, and further agree that you may be charged by your phone, internet, or
data provider for the use of these
services. Under no circumstance shall the Company or its affiliates be responsible for any phone, data, or
other related charged incurred by your
use of the Application or interaction with Merchants.
The Company may provide you with administrative notices regarding the Company or the Application via email
or SMS message. You hereby expressly
consent to receive such messages, and further consent that by typing your name when registering for the
Application, that you have e-signed your
name to that effect.
This Agreement, coupled with the Privacy, comprises the complete and entire agreement between you and the
Company regarding the use of the
Application and the Application. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force
and effect to the maximum extent possible. The delay or failure of the Company to exercise or enforce any
right or provision of this Agreement
shall in no way constitute acquiescence or a waiver of rights.
Links to third parties or affiliates may be accessible through the Application. Under no circumstance shall
the Company be responsible for the
availability, accuracy, or promises made by such third parties. You agree to hold the Company harmless for
any damage or loss caused, directly or
indirectly, by the use of, or reliance upon, any third party or affiliate content, information, statements,
advertising, goods or services or other
materials available on or through any such website or resource.
No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not
make any representations or bind the
Company in any manner.
This Agreement shall be governed and construed in accordance with the laws of the state of New York. Any
dispute arising hereunder, or related to
the terms hereof, shall be brought exclusively in the state or federal courts sitting in the State of New