Terms of Service

By installing the app you agree to these terms. If you do not agree to these terms do not install the app.

1. About us and our Services

flaim is a mobile application (the App) operated by EQUIIS Technologies Switzerland AG, a company incorporated in Switzerland, whose registered office is at Technoparkstrasse 1, 8005, Zurich, Switzerland www.EQUIIS.com (flaim, we, us, our).
The App is designed to allow users of the App (user, you, your) to:
● send secure one to one text messages;
● secure one to many text messages;
● make secure one to one calls;
● two-way burning of messages; and
● make secure conference calls with up to fifteen people;
(the Services);

The extent of the Services available to you will depend on the country in which your mobile service provider is established.

2. Who can use the Services

No one under the age of 16 can download the App, create an account or use the Services.
The App and the Services are intended for personal use only.  

3. By using our App you accept these Terms

IMPORTANT NOTICE: These terms of service (Terms) and the Privacy Policy http://flaim.com/privacy give you information about the legal terms and conditions on which we provide the App. These Terms and the Privacy Policy apply to all uses of the App. By downloading or using the App, you agree that you have read and agree to these Terms and the Privacy Policy. These Terms include, in particular, the limitations of liability in section 15.
If you do not agree to these Terms or the Privacy Policy, you must not download or use the App, or should stop using the App and delete it from your device.
You should print a copy of these Terms for future reference.

4. We may make changes to these Terms

We may amend the Terms from time to time to reflect changes in law or best practice, or to deal with additional features which we introduce. Every time you wish to use the App, please check the Terms to ensure you understand the Terms that apply at that time. The most current version of these Terms can be accessed at any time at https://flaim.com/terms. These Terms were most recently updated on 17 October 2018.
Your acceptance of these Terms is given when you continue using the App. If you do not accept any changes to the terms, you are free to terminate these Terms as under section 16 (Termination).  

5. We may make changes to, suspend or withdraw the App

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
We do not guarantee that our App or the Services will always be available or be uninterrupted. We may change, suspend or withdraw or restrict the availability of all or any part of the App or the Services for business and operational reasons. We will try to give you reasonable notice before we do this.

6. Your Account

To use this App, you must register to create an account (Account). You may register directly via the App by completing the fields presented to you when the App first loads on your device. We will create your Account based upon the information that you provide to us. More detail about our collection of your personal information is set out at section 8 (Personal Information).
(Personal Information).  
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; and
● notify us immediately by email to privacy@flaim.com if you suspect that someone other than you has gained (or has tried to gain) access to your Account.
You must not:
● create more than one account; or
● create another account without our permission if we have suspended your account.

We have the right to disable your Account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.  

7. Address Book information

You agree to provide us with access to the names and mobile telephone numbers of the contacts in the address book on your mobile device.

8. Personal information

The personal information you submit to us and that we otherwise collect in connection with your use of the App and/or Services is governed by the Privacy Policy. To the extent there is an inconsistency between these Terms and the Privacy Policy, the terms of the Privacy Policy shall prevail.

9. Licences granted by you

When we receive information from you or content which is otherwise generated in connection with your use of the App, you grant to us a royalty-free, perpetual, non-exclusive, worldwide, fully and freely transferable and sub-licensable, irrevocable licence to use such information and content. This licence shall continue forever, even after termination of these terms.

10. Licences granted by us

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you in accordance with the Clause 10. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
While you comply with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use the App (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use the App for anything else.
You must not:
● infringe our intellectual property rights or those of any third party in relation to your use of the App or Services, including by the submission of any material (to the extent that such use is not licensed by these terms).  You must have the necessary rights to such material that you submit in relation to your use of the App or Services.
● use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (e.g. by hacking into or inserting malicious code, viruses or harmful data, into the App or any operating system);
● transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Services;
● use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
● collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App or our systems;
● rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
● not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
● not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
● use the App or the Services for business or commercial purposes; or
● use the App or the Services in such a way as to bully, harass, or intimidate others.

11. Our right to review and delete content

We reserve the right to review and delete content which breaches these Terms.  However, as we do not guarantee to review any content, you remain responsible for any content you upload.
You acknowledge that as we may not review all content, we are not responsible for any content uploaded by a third party.

12. Mobile phone charges

You agree that you are responsible for all call, SMS, and data charges incurred by you while using the App.  Please check with your mobile service provider before using the App if you unsure what charges will apply.

13. Rewards

When you use the App to review advertising content, you may have the ability to earn rewards from us or our partners.

14. Disclaimers

Please check that the facilities and functions of the App and the Services (as described on the app store site) meet your requirements.
The App and the Services have not been developed to meet your individual requirements and are provided on an "as-is" basis without any express or implied warranties including, without limitation, warranties relating to satisfactory quality, fitness for purpose, or freedom from viruses or harmful code.
We do not warrant the App or the Services will be error free or will operate without disruption or delay or that any information you obtain through the use of the Services will be accurate.
We are not responsible for the use of the App or the Services or by third parties, or for content uploaded by you or any third party.

15. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are responsible to you for foreseeable loss and damage caused by us up to the financial limit set out in this Clause 15. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you whatsoever, including, without limitation, for any loss of revenue, any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
The use of the App and/or its contents is at your own risk. The contents of the App could include technical inaccuracies or typographical errors.
Our aggregate liability relating to or in connection with the App, the Service or under or in connection with these Terms shall in no event exceed the greater of €50 or the amount you have paid us in last twelve months.
Nothing in these Terms is intended to affect or limit your rights under the law.

16. Your responsibility for loss or damage suffered by us

You agree, to the extent permitted by law, to indemnify, defend and hold harmless flaim, our affiliates, directors, officers, stockholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

17. Termination

We can terminate these Terms or stop providing any of the Services to you at any time and for any reason, including if you fail to comply with these Terms.
You can terminate these Terms at any time by deleting your Account.
On any termination of these Terms, your right to use the App and the Services will cease and we may terminate your access to and use of the App and Services and invalidate all or any relevant access details.
Termination for whatever reason of these Terms, will not affect: (a) any rights, liabilities or obligations which accrued before such termination; or (b) any of these Terms that are intended to continue to have effect after such termination.

18. Third-Party Service Providers

We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply location, map, and places information, process payments, help us understand how people use the Services, market the Services, help you connect with businesses using the Services, conduct surveys and research for us, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues. For more information about how we use your data, please refer to our Privacy Policy https://flaim.com/privacy.

19. Third-Party Services

We allow you to use our services in connection with third-party services. If you use our services with such third-party services, we may receive information about you from them; for example, if you choose to access our Services through a mobile carrier's or device provider's promotion of our services. Please note that when you use third-party services, their own terms and privacy policies will govern those services.

20. General

flaim makes no claims that the App and/or its contents are appropriate or may be downloaded and/or used outside of the Switzerland. Access to and use of the App and/or its contents may not be legal by certain persons or in certain countries.  
If you access, use and/or download the App and/or its contents from outside Switzerland, you do so at your own risk and are responsible for compliance with your local laws.

21. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Switzerland. We and you irrevocably agree that the courts of Switzerland will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.

22. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

23. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the terms of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

24. Third party rights and dealings

A person who is not a party to these Terms will not have any rights to enforce its terms.
We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms but you may not do so without our prior written consent.

25. Entire agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of flaim on the App, these Terms and our Privacy Policy https://flaim.com/privacy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into these Terms, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or in our Privacy Policy.

26. Contact Us

To contact us for any reason, including because you have any complaints, please email us at privacy@flaim.com.