Terms of service

1. Subject

1.1. The company FOLIG FROG, s. r. o. provides a lead generation service “Flinne.io” available at https://flinne.io or any other website in the future (“Flinne.io” and “Website”) to its users (”User“).

1.2. The services provided by Flinne.io (“Services”) are web-based and enable the User to:

a) formulate their target audience and find valid business contacts (“Prospects”) handpicked by Flinne.io team,
b) create personalized e-mail campaigns (“Campaigns”) to contact the Prospects, sent by Flinne.io team on behalf of the User,
c) create reports (“Reports”) which show how the Prospects reacted to a Campaign,
d) use Flinne.io’s interface on the Website (“Account”) to review the Campaigns and Reports and order other Services,
e) any additional services agreed upon by the parties.
The Services may include other functionalities which are further described on the Website.

1.3. The purpose of these terms of use (“Terms”) is to define the rights and obligations with regard to the use of the Services provided on the Website. These Terms are accessible at any time via a direct link at the bottom of the Website.

1.4. These Terms constitute a binding agreement (“Agreement”) between Flinne.io and the User. The User accepts these Terms in accordance with Section 2. Without the acceptance of these Terms or other agreements between Flinne.io and the User, the User cannot use the Services.

1.5. If someone enters into the Agreement on behalf of a company, organization, or another legal entity, he represents and warrants that he has the legal authority to bind this company, organization, or another legal entity by the Agreement and that he is lawfully entitled to enter into contracts. In such a case, the term “User” applies to the company, organization, or another legal entity.

1.6. By accepting the Agreement, the User warrants that he is at least eighteen (18) years old or of an age when he is able to enter into contracts in the country of his residence and may lawfully enter into contracts and form binding legal obligations.

1.7. The Website and the Services are intended exclusively for individuals and businesses acting within the framework of their business activity, not for Users acting in the capacity of a consumer. The Services are also intended only for business-to-business (B2B) prospecting purposes, communication, and building partnerships, not for business-to-consumer (B2C) use.

1.8. Flinne.io processes the personal data of Users and Prospects according to its Privacy Policy.

1.9. If you wish to contact Flinne.io, please use the regionally specific contact details available on the Website or contact Flinne.io directly on the following contact details:

FOLIG FROG, s. r. o.
incorporated under the laws of the Czech Republic
entered into the Commercial Register of the Municipal Court in Prague under number C 371345
Company ID: 174 12 838
seated at Antala Staska 1859/34, Prague 4, 140 00, Czechia
e-mail address: hello@flinne.io

2. Orders and acceptance of the Terms

2.1. The User may use the Services by selecting a suitable plan (“Plans”). The Plans functionalities and other conditions are further described in the Terms and on the Website.

2.2. After choosing a Plan, the User needs to fill in the required business and contact information, checkout, and pay for the Services in accordance with the Website’s instructions and Section 6. of these Terms. After the payment is made, the Services are ordered by the User (“Order”).

2.3. The Order is binding for the User. Flinne.io will confirm the Order by sending an automatic e-mail informing the User that he will receive a questionnaire to fill out in accordance with Section 4.2. and following. Flinne.io reserves the right to refuse the provision of Services to the User, especially if it deems that it would be against the rules stipulated in these Terms to provide the Services or if Flinne.io does not have the capacity to provide the Services.

2.4. The User will receive the questionnaire or be informed about the fact that the Services cannot be provided to him at the latest five business days after the Order is received by Flinne.io. If the User does not receive the questionnaire or other message in this time period by mistake, he takes into account and agrees that Flinne.io is not obliged to pay any damages or other costs incurred by the User. If Flinne.io does not contact the User within this time period or refuses to provide the Services, the User is entitled to receive a full refund in accordance with Section 6.11.

2.5. The User accepts these Terms either by:
a) Checking a checkbox during the Order; the User is then bound by these Terms since the moment the Order is sent.
b) Creating an Account in accordance with Section 3.; the User is then bound by these Terms since the moment the Account registration form is sent.

2.6. Acceptance of the Terms can only be full and complete. Any registration subject to reservation is considered null and void. Users who do not agree to be bound by the Terms must not use the Services.

2.7. In any case, the User must provide Flinne.io with all the information marked as mandatory. Any incomplete registration will not be validated.

2.8. The User guarantees that all the information given is accurate, up-to-date, truthful, and not misleading in any way. If the information changes, the User undertakes to update their information by changing this information in the Account.

2.9. Flinne.io may provide presales services and enable the ordering of the Services through the telephone. In this case, the parties take into account that for any Order to be effective and binding for the parties, it must be confirmed by the parties through e-mail.

3. Account

3.1. The User needs to create an Account before creating a first Order. The User may also create an Account beforehand.

3.2. The Account enables the User to use a customer portal to manage his use of the Services (especially accessing the Reports and invoices) and allows for easier ordering of additional Services.

3.3. The User may access his Account after having identified himself using his e-mail address and password.

3.4. The User is responsible for maintaining the confidentiality of his password as well as for ensuring the accuracy and recency of all his data. Any access to the Website using the password will be deemed to be made by the User. The User must immediately contact Flinne.io if he notices that his Account has been used without his knowledge. He acknowledges Flinne.io's right to take all appropriate measures in such cases. Flinne.io has no responsibility arising out of any breaches of the User’s Account and his password if such breach was caused by recklessness or negligence on the User’s part.

4. Description of Services

4.1. Flinne.io provides Services further described in Section 1.2. and on the Website. These Terms further describe how the Services are provided.

4.2. After the Order is sent and Flinne.io receives the payment for such Order, the User will receive an initial questionnaire to fill in which the User specifies his services and requirements, conditions for the Prospects to fulfill, and any other information which Flinne.io requires to provide the Services.

4.3. Flinne.io is allowed to request the User to supplement the questionnaire with other materials or to update, amend, or extend the questionnaire both after the first fill-out and whenever later during the provision of the Services to ensure the quality of Services provided. Until the questionnaire is filled in accordance with Flinne.io’s requests and advice, Flinne.io is not obliged to provide any Services. In such a case, any obligations and time limits with relation to the provision of the Services are suspended.

4.4. Flinne.io is fully entitled to reject the provision of the Services to the User without any justification after the User fills out the Questionnaire. Flinne.io may generally do so, e.g. if it finds out that it cannot fulfill the requirements set out by the User in the questionnaire in any way or if it finds out that the User’s business is unlawful or unethical. If Flinne.io decides to do so, it will reimburse the User for the whole amount of the Subscription.

4.5. After the questionnaire is sufficient, Flinne.io will provide its Services by hand-picking Prospects as requested by the User. The User is not entitled to validate the list of Prospects chosen by Flinne.io or to raise any objections with regard to this list before the Campaign is created and sent and will receive the list of Prospects as a part of a Report created after the Campaign is realized.

4.6. After the list of Prospects is created by Flinne.io, the Campaign is prepared in accordance with the questionnaire and other information received in writing from the User by Flinne.io.

4.7. Flinne.io sends the Campaign proposal to the User for approval. The User is entitled to raise his objections or proposals to modify the Campaign only if the Campaign is in conflict with the information provided by the User in the questionnaire or received in writing before Flinne.io started with the creation of the Campaign. The User may do so only once for each Campaign and is therefore encouraged to raise all its objections or proposals at once unless otherwise enabled by Flinne.io. Any other changes and objections to the Campaign may be deemed by Flinne.io as a request for a change of the Campaign, which may bear additional costs for the User, or a request for a new Campaign and Flinne.io may ask the User to provide additional information, to fill out the questionnaire again or to pay additional fees and costs.

4.8. If the Campaign is not approved by the User even though it is in accordance with the questionnaire and other information received in writing from the User by Flinne.io before Flinne.io started with the creation of the Campaign, Flinne.io is not responsible for not fulfilling its obligations as per these Terms and conditions of the Services stipulated on the Website. Flinne.io is also not responsible for any damages or costs incurred by the User in connection with this issue and is not obliged to reimburse the User for any part of his Subscription. If the User does not approve the Campaign at the latest five business days after receiving the Campaign proposal by Flinne.io, Flinne.io will consider the Campaign to be approved by the User and the Campaign will start.

4.9. After the Campaign is approved by the User, he takes into account and agrees that all the information in the Campaign is deemed to be correct and that he will be responsible for the Campaign in accordance with Section 7.2.

4.10. The Services will be provided to the User in a form and according to the features and technical means that Flinne.io deems most appropriate. The User is entitled to supply Flinne.io with requests and directives as to how to provide the Services, and Flinne.io will consider them and try to implement them in a way requested by the User. However, with Flinne.io acting as a professional, such requests and directives cannot be considered as imperative and will be implemented by Flinne.io in a way deemed most appropriate by Flinne.io.

4.11. Each Campaign will be accompanied by a Report in which Flinne.io provides the User with a list of Prospects contacted during the Campaign, along with information on how each Prospect reacted to the Campaign.

4.12. Any other functionalities of the Services or obligations of Flinne.io or the User not mentioned in these Terms will be provided and fulfilled in accordance with the information on the Website, conditions agreed upon by the parties in a separate agreement or at the discretion of Flinne.io.

4.13. If the User orders the Services and then does not use them (generally meaning that the User does not even fill the questionnaire or otherwise does not provide the cooperation necessary to enable Flinne.io to realize the Campaign even within ten days of the requested), Flinne.io will suspend the provision of the Services. The User is then entitled to contact Flinne.io within the following six months to resume the provision of Services. If the User does not contact Flinne.io within this period, Flinne.io will then reimburse the Subscription Fee to the User.

5. Term of Services, Termination

5.1. The Services are subscribed to in the form of a Subscription ("Subscription").

5.2. The Subscription begins on the day of its subscription (the day when the Order is sent to Flinne.io), subject to payment of the price in accordance with Section 6. for the period subscribed to by the User, which may be monthly, annual or other based on the period offered by Flinne.io or agreed upon by both parties (hereinafter the "Initial Period"), from date to date.

5.3. The User takes into account that the Subscription then automatically renews for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the "Periods"), from date to date, unless Flinne.io or the User gives notice of termination, which may be given at any time. The cancellation period is three days before the selected Period ends.

5.4. Flinne.io may also offer a Subscription that enables the User to realize one or more Campaigns. This Subscription terminates automatically when all the prepaid Campaigns are realized.

5.5. The User may terminate the Subscription directly through his Account without giving any reason. The same applies to when the User wants to change his Subscription (select a different Plan).

5.6. Flinne.io may terminate the Subscription by sending an email to the User without giving any reason.

5.7. Any party may terminate the Agreement with immediate effect when the other party commits a material breach of any term of this Agreement which is irremediable, or if such breach is remediable, the party fails to remedy the breach within 14 days after the notification in writing.

5.8. Flinne.io has the right to terminate the Subscription or the Agreement if it reasonably determines that User is acting or has acted in a way that could present substantial reputational harm to Flinne.io or its current or prospective partners or customers or if the User does not provide necessary or requested cooperation (e.g., does not communicate in a timely manner with regards to the Campaign as stipulated in Section 4.).

5.9. Any Subscription Period begun is due in its entirety. Upon the termination of the Subscription, the User will be able to access his Account for the period for which the Subscription was paid.

5.10. The Subscription renews for the following cycle (generally for the following month) on the anniversary date of the first Order and payment. The User may terminate the Subscription through his Account on the customer portal or by contacting Flinne.io at hello@flinne.io at the latest seven calendar days before the Subscription will renew. The User is responsible for the timely and correct delivery of his termination request and takes into account that later requests may be denied, especially when the payment for the Subscription has already been processed.

5.11. The User agrees to make his own backups of the Reports and other information or documentation provided by Flinne.io. After the Subscription is terminated, Flinne.io is not obliged to provide the User with the Reports or any other information or documentation.

5.12. The User takes into account and agrees that that deletion of the Account does not automatically cancel the Subscription. If the User deletes his Account or is unable to access it and cancel the Subscription, he may contact Flinne.io with a request to cancel the Subscription.

5.13. Once the User cancels the Subscription or deletes the Account, Flinne.io may permanently delete the Account and all the data associated with it after 30 days. This may not concern all the personal data of the User or provided by the User if Flinne.io has other legal reasons or obligations to process such personal data.

5.14. If the User does not log into his Account for at least 12 months and does not have any active Subscription, Flinne.io may permanently delete this Account and all data associated with it to limit data retention on Flinne.io’s part.

6. Subscription Fee

6.1. The User agrees to pay a fee for the Subscription (“Subscription Fee”) based on the Plan that he chooses. Flinne.io may allow the User to pay a one-time fee for an individual Campaign (“One-Time Fee”, both Subscription Fee and One-Time Fee together as “Fees”).

6.2. Fees are payable in advance before the provision of the Services. Payments are made either by a debit card, a credit card, or a direct debit from the User's credit card number. The payments are managed by external payment services provider Stripe, Inc., which alone keeps the User's bank and card details for this purpose and employs high payment security standards. Flinne.io does not keep any bank or card details. Flinne.io reserves the right to change the payment options and payment services providers at any time without prior written notice.

6.3. Flinne.io will issue an invoice after each payment of the Fees is received by Flinne.io. Such invoices will be available through the customer portal, but Flinne.io will not send them to the user’s e-mail address.

6.4. The Subscription Fee is due and debited on the day the Subscription is taken out, then on its anniversary date on each renewal. Flinne.io is not obliged to inform the User that the Subscription is going to be prolonged for another Period but will inform the User when the Subscription Fee changes.

6.5. Flinne.io is entitled to change the Subscription Fee at any time. Such change will be effective for the following Subscription Period. Flinne.io will inform the User that a change occurred in accordance with Section 6.4. and on the Website. If the User does not agree with the change, he is entitled not to prolong the Subscription. If the User does pay the changed Subscription Fee, it is deemed he consents to such a change.

6.6. Any additional Services provided by Flinne.io outside of the Subscription will be charged to the User at the then-current pricing for such additional Services stipulated on the Website or in an offer presented before the provision of these Services by Flinne.io to the User.

6.7. Flinne.io may offer a free trial subscription (“Free Trial”). Conditions of the Free Trial are at the full discretion of Flinne.io and will be stipulated on the Website.

6.8. The User guarantees Flinne.io that he has the necessary authorizations to use the chosen method of payment. He undertakes the necessary steps to ensure that the subscription fee can be debited automatically.

6.9. The User is informed and expressly accepts that any delay in payment of all or part of a Subscription Fee due on its due date will automatically entail the suspension or termination of the Services without prejudice to the provisions of Sections 5. and 6. This includes the suspension of any Services in progress until the payment is received in full by Flinne.io.

6.10. If the User disputes any payments, he must first contact Flinne.io’s external payment services provider and ask them for reimbursement, as Flinne.io does not dispose of the User’s billing information. If the User did not manage to obtain reimbursement for the incorrect payment from the payment services provider and deems that Flinne.io is responsible for the incorrect payment, he may contact Flinne.io. If the User does not contact Flinne.io within sixty (60) days after the date of the incorrect payment, he is not eligible to receive any reimbursement from Flinne.io.

6.11. All Subscription Fees or other payments as per these Terms or the Agreement are non-refundable. The only exception to this rule is when Flinne.io refuses to provide its Services to the User without a cause in accordance with Sections 2.4. or 4.4. (User will receive a full refund), when the User does not use the Services as per 4.13. (User will receive a full refund) or when the User terminates the Agreement for a material breach as per Section 5.7. (User will receive a prorated refund of any prepaid unused Subscription Fees). Flinne.io will expressly not refund any payments if there was a cause for the Account cancellation, such as a violation of these Terms or other obligations of the User stipulated mainly in Sections 7. and 10.

6.12. In addition to the payment of the Subscription Fee, charges, and other amounts required to be paid under these Terms, each party will bear and pay the taxes and similar charges resulting from the performance of these Terms.

6.13. The User takes into account and agrees that Services not used during one Subscription Period do not transfer to the next Subscription Period.

7. User Rights and Obligations

7.1. Without prejudice to the other obligations as per these Terms, the User undertakes to comply with the following obligations.

7.2. The User takes into account and agrees that the Campaign is sent and the Prospects are contacted in his name, and he is considered an actual sender and responsible party with regard to the Campaign and the contacting of Prospects. The User approves the Campaign in accordance with Section 4.9. and acts as a sender to ensure the campaign is more personalized and possibly more effective.

7.3. Flinne.io agrees to ensure the Campaign is sent. It will also put its business details into the footer of the Campaign e-mail message and may put other necessary information in the Campaign e-mail.

7.4. Flinne.io will also deal with any unsubscribe requests coming from the Prospects contacted during the Campaign. The User takes this into account and agrees that if he contacts the Prospects himself, he must ensure the unsubscription by himself and not contact the Prospects after they unsubscribe.

7.5. The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to breach the rights of third parties or public order.

7.6. The User agrees to provide any and all cooperation as required by Flinne.io. If the User fails to provide such cooperation, Flinne.io cannot be considered to be in breach of its obligations as per these Terms and the Agreement or in any delay.

7.7. The User agrees to access the Website, the Account, and the Reports using the recommended browsers (Chrome, Firefox, Edge, or Safari) and to ensure he has other software needed to utilize these Services (esp. PDF reader). Flinne.io is not obliged to ensure any of these software tools to the User and does not guarantee the Services will be fully available and usable in every web browser or other software tool. The User must also dispose of a suitable internet connection to use the Services.

7.8. The User undertakes to make strictly personal use of the Services. He agrees to refrain from assigning, delegating, or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever without prior written consent by Flinne.io or to sell any Services based on Flinne.io.

7.9. The User undertakes to provide Flinne.io with all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with Flinne.io in order to ensure the proper execution of this agreement.

7.10. The User is not entitled to publicly share the Reports, the list of Prospects, or any other documentation received from Flinne.io unless otherwise agreed by the Parties.

7.11. The Services may contain links to, or otherwise may allow User to connect to and use certain third-party products, services, or software under separate terms and conditions (collectively, “Third-party Service”) in conjunction with the Services, including certain social media networks and other integration partners. If User decides to access and use any Third-party Service, he acknowledges that the use of such Third-party Service is governed solely by the terms and conditions and other rules of such third-party and Flinne.io does not endorse, is not responsible for, and makes no representations as to such Third-party Service, its content or the manner in which such Third-party Service handles User’s data. Flinne.io is not liable for any damage or loss arising from or in connection with User’s access or use of any such Third-party Service or User’s reliance on the privacy practices or other policies of such Third-party Service.

7.12. The Services may contain features that enable various Third-party Services to be directly integrated into the Account.

7.13. The User also takes into account and agrees that some Third-party Services may be used by Flinne.io with regard to the provision of the Services.

8. Flinne.io’s Obligations

8.1. Flinne.io is obliged to provide its Services in accordance with these Terms and information available about the Services on the Website.

8.2. Flinne.io may utilize a subcontractor or other third party to perform its duties under the Agreement so long as Flinne.io remains responsible for all its obligations.

8.3. Based on the Plan selected by the User, Flinne.io agrees and is obliged to provide the User with Prospects and Campaigns which fulfill certain criteria (“Quality Criteria”). Quality Criteria are stipulated on the Website and may be changed at any time at the sole discretion of Flinne.io. Flinne.io agrees to inform the User about such changes in advance if these changes could worsen the Services for the User. Any changes to the Quality Criteria will be effective as of the next Subscription Period. If the User does not agree with such changes, he is entitled not to prolong the Subscription. Any User who uses the Services after the coming into force of the amended Quality Criteria is deemed to have accepted these modifications.

8.4. The Quality Criteria may include:

8.5. If quality criteria are not met, Flinne.io is entitled to widen the campaign (find more prospects) to ensure its fulfillment. By this, the Client will receive more Prospects, which the Client considers to be an appropriate remedy in this situation.

8.6. Other functionalities and conditions of the Services are not considered to be Quality Criteria.

8.7. The User is not entitled to receive any reimbursements if the Quality Criteria are not met.

9. Support
9.1. If certain Plans are provided with support (Standard or Premium), as per information on the Website, this support includes:

10. Prohibited Conduct

10.1. It is strictly prohibited to use the Services for the following purposes:

10.2. The following misuse of the Services are also strictly prohibited to ensure the proper functioning and maintenance of the Services: (i) any conduct likely to hinder, interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Flinne.io's systems, (iii) any diversion of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any hacking, reverse engineering or attempt to gain unauthorized access to the Services or any of its portion, (vii) any attempt to gain access to the Services via another User’s Account without their permission, (viii) any act likely to harm the financial, commercial or moral rights and interests of Flinne.io or users of its Site, and more generally (vii) any breach of these Terms.

10.3. It is strictly prohibited to monetize, sell, or grant all or part of the access to the Services or any Reports or other documentation provided in relation to the Services or use these to create a competing service. It is also prohibited to use the Services to provide services to third parties, use automated scripts to collect information from, or otherwise interact with the Website or the Services

10.4. Flinne.io reserves the right to refuse the provision of Services, not renew the Subscription of a User, or to cancel the Agreement and stop the provision of the Services without prior notice and with immediate effect when a User or potential User engages in conduct deemed by Flinne.io as prohibited. In such a case, the User is not entitled to receive any reimbursement of the Subscription Fee, other costs resulting from the breach of these Terms, or any damages incurred as a result of this. The same applies when the User violates legal requirements in any other way or is subject to sanctions or other business restrictions

10.5. In the event of failure to comply with any of the provisions of these Terms or, more generally, of breach of the laws and regulations in force by the User, Flinne.io reserves the right to take all appropriate measures and, in particular, to suspend access to the Services of the User who committed or participated in the breach or infringement and initiate any legal action.

11. Liability and warranty of Flinne.io and the User

11.1. Flinne.io undertakes to provide the Services with due diligence but does not guarantee full and uninterrupted availability of its Website, incl. the Account.

11.2. The User is entitled to contact Flinne.io at hello@flinne.io or through any other support channels Flinne.io may make available through the Account.

11.3. Flinne.io undertakes regular checks to verify the operation and accessibility of the Website. As such, Flinne.io reserves the right to temporarily interrupt access to the Website for maintenance reasons. Flinne.io cannot be held liable for momentary difficulties or impossibilities in accessing the Website due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.

11.4. Flinne.io does not guarantee the User that the Services, subject to constant research to improve their performance and progress, will be free of errors, defects, or faults.

11.5. Flinne.io also cannot guarantee the proper and uninterrupted functioning of Third-party Services connected with the Services or Account but will try to solve the issues with Third-party Services as soon as possible or will try to find another Third-party Service or other solution to utilize instead.

11.6. The User agrees to indemnify and hold harmless Flinne.io, its directors, and employees against any claim, damages, expense, liability, or loss incurred by the User in connection to the provision of the Services. If such indemnification of Flinne.io is not possible according to the laws of the country of User’s residence, the aggregate and cumulative liability that may be incurred by Flinne.io hereunder is expressly limited solely to proven direct damage suffered by the User and may not exceed 25 % of the payments made by the User during the duration of the whole Agreement.

11.7. The User takes into account that he is fully liable for the following actions or issues:

a) the User’s use or inability to use the Website and the Account;
b) legality and permissibility of its business model and offer of the User’s services included in a Campaign in any country in which the Prospects reside and in the country of the User’s residence,
c) the User’s own compliance with the requirements of the current laws in the countries where the Prospects contacted during a Campaign by Flinne.io or after a Campaign by the User reside or where the User resides; these include mainly (1) CAN-SPAM Act in the USA, (2) GDPR and ePrivacy regulations in the European Union and member states of the European Union,
d) any contacting of the Prospects realized by the User outside any Campaign managed by Flinne.io,
e) any processing of the personal data of Prospects carried out after a Campaign in which such personal data were used is finished,
f) any success or failure in conducting business (e.g., entering into agreements and fulfilling them) between the User and a Prospect.

11.8. Neither party will be considered to be in breach of these Terms and liable for any costs or damages due to delay in performing, or failure to perform, its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, force majeure; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; provided, however, that in the event of a failure or delay, both parties shall use their best efforts to ameliorate the effects of any such failure or delay.

11.9. The User holds Flinne.io harmless against any complaints, claims, actions, and/or demands whatsoever that Flinne.io may suffer as a result of the breach by the User of any of his obligations or warranties under these Terms.

11.10. The User undertakes to compensate Flinne.io for any damage it may suffer and to pay all costs, charges, and/or sentences it may have to bear as a result.

12. Intellectual property

12.1. The information, systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) operated by Flinne.io within the Website or provided to the User during the provision of the Services are protected by intellectual property rights or rights of database producers.

12.2. Subject to these Terms, Flinne.io grants to Subscriber a limited, non-exclusive, non-transferable, non-sublicensable right during any Subscription Period to use the Services and the intellectual property provided along with them for its own internal business operations.

12.3. Any download, disassembly, decompilation, decryption, extraction, reuse, reverse engineering, hacking, copying, and more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the previous written consent of Flinne.io are strictly prohibited and may be subject to legal actions.

12.4. Nothing in these Terms functions to transfer any of Flinne.io’s intellectual property rights to the User. Flinne.io retains exclusive interest in and ownership of its intellectual property. The same applies to the User with regard to his intellectual property provided to Flinne.io.

12.5. The User may not use Flinne.io’s trademarks without Flinne.io’s prior written consent.

12.6. The User grants Flinne.io non-exclusive, perpetual, and territorially unlimited right to use any of the User’s intellectual property (including trademarks or service marks) and company name and display it on Flinne.io’s Website for promotional purposes. Flinne.io reserves the right to use the User’s intellectual property and company name as a reference for promotional purposes on the Website and for other communication with existing and prospective Flinne.io customers and/or users.

12.7. The same rights are specified in Section 12.6. apply to the use of the User’s intellectual property during the provision of the Services (e.g., using the User’s trademarks in the Campaigns). The User warrants that he owns or has the right to use all of the content used during the provision of the Services.

12.8. All license rights given by Flinne.io to the User terminate immediately when the Subscription ends, and the User is obliged to stop using them in any way. This does not apply to the Reports, which the User may use for his personal use and for contacting the Prospects even after the termination of the Subscription. The condition stipulated in Section 7.10. still applies.

12.9. Flinne.io has a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations, or other feedback Flinne.io receives from the User.

12.10. The User acknowledges and agrees that Flinne.io may aggregate data gathered from the User and information resulting from the User’s use of the Services in a manner that does not identify the User (“Statistical Data”). On creation, Flinne.io shall own all intellectual property rights in the Statistical Data and may use the Statistical Data for any lawful purpose without a duty of accounting to the User. The User further acknowledges and agrees that Flinne.io may evaluate data and information resulting from the User’s use of the Services in non-aggregated form (“Usage Data”) in order to provide the Services, including, but not limited to, for product improvement purposes and customer service.

13. Personal data

13.1. Flinne.io has a Privacy Policy.

13.2. Flinne.io processes personal data in accordance with the GDPR (for Users residing in the European Union), the UK GDPR (for Users residing in the UK), and the CPRA (for Users residing in California, the United States).

13.3. Flinne.io’s and the User’s responsibilities with regard to personal data processing are set out in the Privacy Policy.

13.4. The User agrees to comply with all applicable laws related to privacy and data protection with respect to its use of the Services, its processing of personal data, and any processing instructions it issues to Flinne.io.

14. Confidential Information

14.1. As per the Terms, the parties agree to mutually protect their confidential information, which is all information that is confidential, proprietary, or relates to Flinne.io or the User and is clearly labeled or conveyed as such, or information that would be regarded as confidential by a reasonable business person (“Confidential Information”).

14.2. Each party agrees to take all reasonable steps to ensure that any Confidential Information obtained from the other party in the course of the relationship will be kept Confidential. Each party, its employees, or agents will not disclose or distribute any Confidential Information in violation of the Terms.

14.3. While Flinne.io and the User have access to Confidential Information under these Terms, Confidential Information does not include information that:

14.4. This clause will survive termination of these Terms for any reason.

15. Modifications

15.1. Flinne.io reserves the right to modify these Terms at any time, refine or change the Services’ features, modify functionality, or suspend or terminate the Service or the Website.

15.2. The User will be informed of such changes at least 1 (one) month before they come into force if Flinne.io was reasonably able to foresee such changes. If the change was not foreseeable, Flinne.io reserves the right to make the change without prior notice. The User will be informed about these changes in a reasonable manner, generally either through the e-mail address provided in the Account or during the Order, in the Account, or on the Website.

15.3. The amended Terms will apply as of the date stipulated in the amended Terms.

15.4. If the User does not agree with the amended Terms or the changes to the Services, he may unsubscribe from the Services per the terms and conditions specified in the “Term of Services, Termination” article.

15.5. Any User who uses the Services after the coming into force of the amended Terms or after the changes to the Services are effective is deemed to have accepted these modifications.

16. Applicable law and jurisdiction, general provisions

16.1. These Terms, the Agreement, and all other relations between Flinne.io and the User in connection with the provision of the Services are governed by Czech law.

16.2. In the event of any dispute regarding the validity, interpretation, and/or execution of these Terms, the Agreement, or any other relations between Flinne.io and the User in connection with the provision of the Services, the parties agree that the courts of the Czech Republic shall have exclusive jurisdiction. However, the parties agree that any disputes shall be primarily resolved amicably.

16.3. Where these Terms mention an action has to be taken in writing, this condition is fulfilled by sending an e-mail. Such e-mail is deemed to be delivered on the date of transmission, excluding situations when a party receives a notification e-mail stating a delivery failure.

16.4. Any provision of these Terms that is deemed to be prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from these Terms, all without affecting the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

16.5. In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be English in case of a contradiction or dispute regarding the meaning of any term or provision.

The following "Terms of Service" were put into effect on January 6th, 2023.

Your Flinne.io Team.