1. Introduction
Welcome to DecisionFlip! These Terms of Service ("Terms") govern your access to and use of the DecisionFlip website and all related services, features, content, and applications (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms and entering into a legally binding contract with DecisionFlip. If you do not agree to these Terms, do not access or use the Service.
2. Acceptance of Terms
By accessing or using the Service, you affirm that you are at least 13 years of age or older. If you are under the age of 13, you may not use the Service under any circumstances.
If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
3. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on the Service and updating the "Last Updated" date at the top of these Terms. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
It is your responsibility to review these Terms periodically. We encourage you to review the Terms whenever you access or use the Service.
4. Access and Use of the Service
DecisionFlip grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes. This license is subject to these Terms and does not include:
- Any resale or commercial use of the Service or its contents;
- Any collection and use of any product listings, descriptions, or prices;
- Any derivative use of the Service or its contents;
- Any downloading or copying of account information for the benefit of another merchant; or
- Any use of data mining, robots, or similar data gathering and extraction tools.
You agree not to:
- Use the Service in any way that violates any applicable local, state, national, or international law or regulation;
- Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
- Use the Service to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; or
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm DecisionFlip or users of the Service, or expose them to liability.
5. User Accounts
Currently, DecisionFlip does not require user accounts to access most of our tools and generators. However, if we introduce account features in the future:
You may need to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
6. User Content
Our Service primarily consists of tools that process data within your browser. Most of the content you input or generate using our tools ("User Content") is not transmitted to or stored on our servers.
However, for any User Content that you may submit to our Service (such as feedback or comments):
- You retain any ownership rights you have in such User Content, but you grant DecisionFlip a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute it in any media.
- You represent and warrant that you own or have the necessary rights to such User Content and that it does not violate the rights of any third party.
- DecisionFlip has the right, but not the obligation, to monitor, edit, or remove any User Content.
7. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by DecisionFlip, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
8. Third-Party Websites and Content
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by DecisionFlip. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DECISIONFLIP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DECISIONFLIP DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
10. Limitation of Liability
IN NO EVENT SHALL DECISIONFLIP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless DecisionFlip, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
12. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.