Flempo Terms of Service

The terms are here to protect me and all the fair users against evil people. With the honest users I can always come to an agreement.

If these Terms are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.

By using the flempo.com or flempo.cz web sites (from here on the "Service"), a service provided by Livispace (IN: 28513240, Praha 6, Střešovice, Hládkov 920/12, PSČ 16900), you are agreeing to be bound by the following terms ("Terms of Service").

Livispace reserves the right to update and change the Terms of Service from time to time without notice. Any modification to the Service that will enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after such modifications shall constitute your consent to such changes.

General Terms and Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. You are responsible for maintaining the privacy and security of your account. Livispace will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
  3. Accounts registered through the use of automated methods are not permitted.
  4. You guarantee you are who you say you are. The real name and email you provide upon registration must be real and valid.
  5. Each username is tied to a single person. Sharing accounts is not permitted.
  6. You are responsible for all your activity and content you post. You may not use the Service for any illegal or unauthorized purpose.
  7. Technical support is only guaranteed to paying account holders.
  8. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Livispace.
  9. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are not suitable for our service (including content violating copyright laws).
  10. You must not upload, post, host, or transmit unsolicited content (including “spam” messages). You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Livispace) of other Flempo customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. Livispace does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that Livispace shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Livispace has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
  14. The failure of Livispace to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service sets forth the entire understanding between you and Livispace as to the Service and supercedes any prior agreements between you and Livispace (including, but not limited to, any prior versions of the Terms of Service).

Payment, Refunds, Upgrading and Downgrading Terms

  1. You can pay for the Service by making a wire transfer or through PayPal. In the latter case you need a valid PayPal account. No payment is required for the Free plan.
  2. Any paid plan can be started with 30 days of a free trial. After these 30 days you either need to make a payment, or downgrade or cancel your account. Each user is allowed to use the free trial only once.
  3. An upgrade from the free plan to any paid plan will end your free trial. You will be asked to pay immediately upon upgrading. If you pay by wire transfer, your plan will be not be upgraded immediately, but only after the payment is received.
  4. You can prepay one, three, six, or twelve months of the Service. Once the payment is made, it is non-refundable. There will be no refunds or credits for partial months of service, one or more months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  5. If you change your plan within the period you have prepaid, the amount left will be substracted from your new payment.
  6. All fees are exclusive of all taxes imposed by taxing authorities, and you shall be responsible for payment of all such taxes.
  7. You will not be able to downgrade to a lower plan if you go over the limit of the plan to which you want to downgrade. It is your responsibility to delete content from your account in order to meet those limits.
  8. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. You understand this and acknowledge Livispace could not be considered liable for such loss.

Cancellation and Termination

  1. You cannot cancel your account yourself. You want to do so, request the cancellation through a support request. Once your account is cancelled, any information about associated to your user (account information, tasks, teams, task attributes, and possibly other) will be deleted and cannot be recovered.
  2. Livispace, in his sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Livispace reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Fees

  1. Livispace reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  2. Livispace reserves the right to change the monthly fees upon 30 days notice from him. Fee change notices may be posted to the Service or on the Flempo website (http://flempo.com).
  3. Livispace shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly or partially shared, you agree to allow others to view and share your Content.
  2. Livispace does not pre-screen Content, but Livispace and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.