Terms of Use

1. Introduction

Welcome to https://www.flycode.com/ (“Site”), the website of FlyCode Inc. (“FlyCode”, “we”, “our”, “us”)!

These Terms of Use (“Terms”, “Terms of Use”) constitute a legal agreement between you and us and govern your access and use of our Site, and the information and materials you obtain on or in connection with the Site. For the purposes of these Terms, unless otherwise indicated, references to the “Site” include all subdomains of the Site.
‍
Our Privacy Policy governs how we collect and use information from and about visitors to our Site. You can find it at https://www.flycode.com/policy/privacy

You acknowledge that you have read and understood the Terms and our Privacy Policy, and agree to be bound of them. If you do not agree with (or cannot comply with) the Terms and the Privacy Policy, then you should not, and may not access and use the Site.

We may amend Terms at any time by posting the amended terms on the Site. It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of the revised Terms means that you accept and agree to the changes.

2. Access to the Site

Subject to these Terms and your compliance with them, you may enter the Site, view the content and use the features which we make freely available on our Site. This does not include features, functionality, content and services which we make available subject to others terms and conditions, such as the FlyCode Terms of Service (“FlyCode Platform”). Use and access of the FlyCode Platform is governed by the FlyCode Platform Terms of Service, available here[embed link]. We reserve the right to restrict, require agreement to additional terms and conditions for, or charge fees for, access and use of the Site or any portion of the Site. We will notify you of any fees we charge for any use of the Site in advance.

By signing up and providing payment method (card-on-file), you agree to receive automated transactional text messages updates (e.g. payment issues) at the phone number provided. Messages and data rates may apply.

3. Restrictions

You may not, directly or indirectly, or encourage any other person or entity, to access or use the Site:

(a) In any way that violates any law, regulation or court order.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate FlyCode or any FlyCode employee or representatives, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm or offend FlyCode or other users or expose FlyCode or other users to liability.

Additionally, you agree not to, and not to encourage any third party to:

(a) Copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute or Share (as defined below) the Site.
(b) Reverse engineer, decompile, disassemble or in any other manner decode, or otherwise attempt to discover the source code of any software made available on the Site;
(c) Use Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of Site, including their ability to engage in real time activities through the Site.
(d) Use any robot, spider, or other automatic device, process, or means to access Site for any purpose, including monitoring or copying any of the material on the Site.
(e) Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
(f) Use any device, software, or routine that interferes with the proper working of Site.
(g) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(h) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Site, the server on which the Site is stored, or any server, computer, or database connected to Site.
(i) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
(j) Take any action that may damage or falsify our or the Site’s rating or rankings.
(k) Impose a large load or otherwise interfere or attempt to interfere with the proper working of the Site, as determined in our sole discretion.

References to the Site in this Section 3 refer to the Site and any portion of the Site

4. Intellectual Property Rights; Changes to the Site

You agree that the Site and all information, materials and content on or transmitted by or by FlyCode or anyone on its behalf to you in connection with the Site is and shall be owned by FlyCode and its applicable licensors. We reserve the right to withdraw or amend the Site, and any FlyCode Materials, in our sole discretion without notice. Except for the limited permissions granted in these Terms, no rights or licenses are granted to you in connection with the Site, any portion thereof or any of the above.

5. Content You Share

You may be permitted to upload, post, link, store, transmit, display or share and otherwise make available through the Site or to us (“Share”) certain information, text, graphics, videos, or other material (“User Content”) on or through the Site. You hereby grant us a non-exclusive license to copy, modify, publicly display and perform, broadcast, distribute, Share, create derivative works based upon, the User Content you Share in order to provide and make available the Site and the applicable features and functionality of the Site or other relevant services we offer. This license includes the right to make your User Content available to other users of the Site and do any of the above as permitted by the features and functionality of the Site.
‍
You are responsible for the User Content that you Share, including its legality, reliability, and appropriateness. By Sharing User Content, you represent and warrant that: (i) you exclusively own or have the right to Share and grant us the rights set forth above, and (ii) Sharing the posting of your User Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person or entity. We reserve the right to terminate the permissions and licenses granted herein, the account, of or use and access of the Site by anyone we determine to be Sharing User Content in violation of these Terms.

You retain any and all of your rights to any User Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts or Shares on or through the Site. FlyCode has the right but not the obligation to monitor and edit all Content provided by users.

Error Reporting and Feedback

You may provide us either directly at fly@flycode.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) FlyCode may have development ideas similar to the Feedback; (iii) Feedback does not (and you agree never to claim that Feedback does) contain confidential information or proprietary information from you or any third party; and (iv) FlyCode is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant FlyCode and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

7. Links To Other Web Sites

8. Disclaimer Of Warranty

These Site, And All Content, Materils And Information We Make Available To You (Collectively, Including The Site, “Flycode Materials”), Are Provided On An “As Is” And “As Available” Basis. We Make No Representations Or Warranties Of Any Kind Regarding The Flycode Materials Or Otherwise, Whether Express, Implied Or Statutory, Including, Without Limitation, Warranties Of Merchantibility, Fitness For A Particular Purpose, Non-Infringement, Title, Warranties Which May Arise From A Course Of Dealing Or Usage Of Trade, Warranties As To The Operation Of The Site, Or The Completeness, Security, Reliability, Quality, Accuracy, Or Availability Of The Flycode Materials. You Expressly Agree That Your Access And Use Of Flycode Materials Is At Your Sole Risk, All Of Which Are Hereby Disclaimed.

We Do Not Represent Or Warrant, And Disclaim Any Warranty That The Flycode Materials Are Or Will Be Error-Free, Or Uninterrupted, That Defects Will Be Corrected, That The Services Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components Or That The Services Or Any Services Or Items Obtained Through The Services Will Otherwise Meet Your Needs Or Expectations.

The Foregoing Does Not Affect Any Warranties Which Cannot Be Excluded Or Limited Under Applicable Law.

9. Limitation of Liability

Notwithstanding Anything To The Contrary, (A) Flycode And All Flycode’s Affiliates (Defined Below) And Its And Their Employees, Contractors, Licensors, And Agents (Collectively The “Flycode Group”) Shall Not Be Liable For Any Consequential, Incidental, Special, Punitive Or Exemplary, Or Indirect Damages Or Losses Of Any Kind, Or Lost Profits, Business, Revenues Or Savings, Lost Data, Damage Or Losses To Goodwill, Reputation Or Business, Of Use Or Interruption Thereof, Or The Cost Of Procuring Substitute Goods Or Services, , Arising Out, In Connection With, Or Related To, These Terms, The Subject Matter Thereof, Your Ability To Access Or Use The Site Or Any Portion Thereof Or Any Flycode Materials (Collectively, “Agreement Subject Matter”); And (B) The Total Cumulative Liability Of The Flycode Group In Connection With The Agreement Subject Matter Shall Not In Any Event Exceed The Greater Of Us$100.00, Or The Fees Actually Paid To Us By You During The Six (6) Months Prior To The Event Giving Rise To The Claim. The Above Limitations And Exclusions Shall Apply To The Maximum Extent Permitted By Law And Regardless Of The Foreseeability Or Whether Any Person Or Entity In The Flycode Group Was Advised Or Aware Of The Possibility Of The Damages Or Losses, And Regardless Of The Form Of Action Or Theory Of Liability (Whether In Tort, Breach Of Contract Or Otherwise).

10. Termination

You may cease to access and use the Site at any time. We may terminate or suspend your access and use of the Site (and all permissions or licenses granted to you) immediately, without prior notice or liability, under our sole discretion, for any or no reason whatsoever and without limitation, including but not limited to due to your breach of these Terms.
‍
Except for the licenses and permissions granted to you, including those granted in Section 2, all provisions of these Terms shall survive any termination or expiration of these Terms.

11. Disputes; Governing Law; Jurisdiction

Governing Law. These Terms and all disputes relating to the Terms, the Site or any FlyCode Materials shall be governed, construed, and adjudicated in accordance with the laws of State of New York without regard to its conflict or choice of law rules or principles. The UN Convention on Contracts for the International Sale of Goods does not apply to these Terms or the subject matter thereof.
‍
Jurisdiction; Venue. You agree to the exclusive jurisdiction of the competent courts located in New York Country for the adjudication of any such disputes, and waive and agree not to assert any objections to such jurisdiction, venue and forum, including on the basis of inconvenient forum (forum non conveniens). Notwithstanding the foregoing, you agree that we may seek relief or enforcement of these terms in any jurisdiction worldwide.
‍
Litigation Costs. The Prevailing Party In Any Action In Connection With These Terms Shall Be Entitled To Reasonable Attorneys’ Fees Form The Other With Respect To Such Action.
‍
Limitation In Time. Any Claim Or Cause Of Action You May Have Arising Out Of Or Related To These Terms, The Site Or Any Flycode Materials Must Be Filed Within One Year After Such Claim Or Cause Of Action Arose Or Be Forever Barred.
‍
Type Of Relief. Any Claim By You That May Arise In Connection With These Terms, The Site Or Flycode Materials Will Be Compensable By Monetary Damages And You Will In No Event Be Entitled To Injunctive Or Other Equitable Relief.
‍
Waiver Of Class Actions. Each Of You And Flycode May Only Bring Actions, Claims, Litigastion Or Disputes Against The Other In An Individual Capacity, And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Proceeding, Including, Without Limitation, A Federal Or State Class Action Lawsuit. The Foregoing Does Not Limit Either Your Or Flycode’s Right To Bring A Lawsuit Against The Other As An Individual Plaintiff.

12. Assignment

You may not assign or delegate these Terms, in whole or in part, or any rights or obligations hereunder to any other party, without our written consent. FlyCode may do so without your consent or any other restriction. Any assignment or delegation in violation of the above shall be null and void. Subject to the foregoing, these Terms shall bind and benefit the parties and their respective successors, heirs and assigns.

13. Entire Agreement; Amendments To Terms

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

14. Waiver; Severability; Interpretation

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Headings are for convenience and shall not be used in interpreting these Terms. Any right or remedy set forth in these Terms is, unless stated otherwise, without exclusion of, or limitation to, other rights or remedies available to a party.

In these Terms, “Affiliate” means, with respect to any person, organization or entity (a “party”), any person, organization or entity controlling, controlled by or under common control with, such party, where “control” means (i) the possession, directly or indirectly, of the power to direct or cause the direction of the activities, management or policies of a person, organization or entity, whether through the ownership of voting securities, by contract or otherwise; (ii) owning more than fifty percent (50%) of the outstanding voting stock or other ownership interest of the other organization or entity, or (iii) the power to directly or indirectly elect or appoint more than fifty percent (50%) of the members of the governing body of the other organization or entity.

15. Legal Notices

You must deliver notices and other communications pursuant to these Terms, or regarding the exercise of any rights you may have against us, in writing and to the following address: Yigal Alon 94, Tel Aviv.. Such notices shall be deemed to have been duly made as of the date delivered or transmitted, and shall be effective upon receipt. Notwithstanding the foregoing, you must also deliver a copy of any such notices to by email to hello@flycode.com, and no notices shall be deemed to have been duly made until such notice has also been electronically delivered to such email address. We may deliver notices to you at any address at which you reside, work, maintain a place of business, or which you provide to us, or otherwise make publically available, include by email or other electronic means of contacting you.