Terms of service

www.flashme.io

Date of Last Update: July 31, 2015.

FlashMe is brand owned and operated by MEEMENTO / Flash Me.
13 Bis Avenue de la Motte-Picquet
75007 Paris

France

FlashMe designs accessories, products and tools that allow its owner to easily share digital information in a business, social or medical context. These Terms of Service (“Terms”) govern your use of our products, our websites, including www.Flashme.io, the software embedded in FlashMe devices, the FlashMe Setup Page, the FlashMe modules/applications, memberships and other FlashMe services (collectively, the “FlashMe Service”).
You must accept these Terms to create a FlashMe account and to use the FlashMe Service. If you do not have an account, you accept these Terms by visiting www.flashme.io or using any part of the FlashMe Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.FLASHME.IO OR USE THE FlashMe SERVICE.

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.Flashme.io. We will notify you by email, through the FlashMe Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the FlashMe Service after a modification is posted, you are telling us that you accept the modified terms.

Read Our Privacy Policy

Any information that FlashMe collects through your use of the FlashMe Service is subject to the Flash Me Privacy Policy, which is part of these Terms.

Who Can Use FlashMe?

You may use the FlashMe Service if you are over 5 years of age and are not barred from receiving services under applicable law.

Creating an Account

Full use of the FlashMe Service requires that you create an account by providing us with a valid email address. You are responsible for all activity that occurs in association with your account. FlashMe is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the FlashMe Service. These communications are part of the FlashMe Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

Necessary Equipment

Full use of the FlashMe Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the FlashMe Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The FlashMe Service

You may post photos, videos, text, external links to any web site, business details, basic medical information, and other content (“Your Content”) to the FlashMe Service. You retain all rights to Your Content that you post to the FlashMe Service. By making Your Content available on or through the FlashMe Service you grant to FlashMe a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the FlashMe Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the FlashMe Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions

that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:

  • Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
  • Do not post profane or explicit content.
  • Do not post profile pictures that might be considered inappropriate.
  • Do not post communications that could be interpreted as threatening or harassing.
  • Do not post, advertise, or promote products or services commercially.

FlashMe’s Rights

“FlashMe Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the FlashMe Service to you. Except for Your Content, FlashMe Content, the FlashMe Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FlashMe Service.

What You Can Do On The FlashMe Service

The FlashMe Service is intended for your personal, non-commercial use. FlashMe grants you a limited, non-exclusive, non-transferable, non- sublicensable license to (1) access, view and make accessible the FlashMe Content, (2) access and use the software and mobile applications provided by the FlashMe Service, and (3) use the software that is embedded into FlashMe products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the FlashMe Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FlashMe Content, FlashMe Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual

property rights owned or controlled by FlashMe or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The FlashMe Service

Except to the extent permitted by law, you may not do any of the following while accessing or using the FlashMe Service: (1) use, display, mirror or frame the FlashMe Service or any individual element within the FlashMe Service, FlashMe’s name, any FlashMe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FlashMe’s express written consent; (2) access or tamper with non-public areas of the FlashMe Service, FlashMe’s computer systems, or the technical delivery systems of FlashMe’s providers; (3) test the vulnerability of any FlashMe system or breach any security or authentication measures; (4) circumvent any technological measure implemented by FlashMe or any of FlashMe’s providers or any other third party (including another user) to protect the FlashMe Service or FlashMe Content; (5) access the FlashMe Service or FlashMe Content through the use of any mechanism other than through the FlashMe Service or FlashMe API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that FlashMe provides to you or any other part of the FlashMe Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the FlashMe Service, FlashMe Content, or Your Content or to review or edit any FlashMe Content or Your Content, but we have the right to do so for the purpose of operating the FlashMe Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the FlashMe Service, any FlashMe Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the FlashMe Content, Your Content, or your use of the FlashMe Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the FlashMe Service.

Use The FlashMe Service At Your Own Risk

Our goal is to provide helpful and accurate information on the FlashMe Service, but we make no endorsement, representation or warranty of any kind about any FlashMe Content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the FlashMe Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any FlashMe Content or the FlashMe Service, you do so solely at your own risk.

Consult Your Doctor Before Using The FlashMe Service

The FlashMe Service is not intended to diagnose, treat, cure, or prevent any disease. It’s sole purpose is to make basic medical information available if need be.If you start to experience redness or skin irritation on your wrist, remove your device. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist.

Use Common Sense

Use of the FlashMe Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your FlashMe product or service.

DMCA/Copyright Policy

FlashMe respects copyright law and expects its users to do the same. It is FlashMe’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.

Additional Policies Apply To Product Orders

FlashMe’s Terms of Sale and Return Policy and Warranty apply to purchases made through the FlashMe store. All orders placed are subject to FlashMe’s acceptance. We may accept, decline, or place limits on your order for any reason.

Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by FlashMe, or obtained from sources other than you.

Contests And Giveaways

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by FlashMe and its partners. It is your responsibility to carefully review those terms and conditions.

You Agree to Receive Alerts And Notifications

As part of your use of the FlashMe Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

We Are Not Responsible For Third-Party Links On The FlashMe Service

The FlashMe Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under FlashMe’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third- Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

FlashMe Does Not Control Third-Party Services That You Link With Your FlashMe Account

The FlashMe Service may provide the opportunity for you to link your FlashMe account, FlashMe data, or the FlashMe Service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third- Party Services that you use in connection with the FlashMe Service are not part of the FlashMe Service. You acknowledge that these Terms and the FlashMe Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes To The FlashMe Service

FlashMe may change or discontinue, temporarily or permanently, any feature or component of the FlashMe Service at any time without notice. FlashMe is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the FlashMe Service. We reserve the right to determine the timing and content of software updates,

which may be automatically downloaded and installed by FlashMe products without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the FlashMe Service or your account, the following provisions of these Terms will survive: Posting Your Content On The FlashMe Service; FlashMe’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The FlashMe Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE FlashMe SERVICE AND FlashMe CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the FlashMe Service or FlashMe Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the FlashMe Service or any FlashMe Content. You acknowledge and agree that if you rely on any FlashMe Content or the FlashMe Service, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless FlashMe and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the FlashMe Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

NEITHER FlashMe, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FlashMe SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FlashMe SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FlashMe HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FlashMe’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FlashMe SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FlashMe FOR USE OF THE FlashMe SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FlashMe, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FlashMe AND YOU.

Dispute Resolution

You agree that any dispute between you and FlashMe arising out of or relating to these Terms of Service, the FlashMe Service, or any other FlashMe products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of Paris, France without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against FlashMe, you agree to try to resolve the Dispute informally by contacting contact@flashme.io. We’ll try to resolve the Dispute informally by contacting you through email. If a

dispute is not resolved within 15 days after submission, you or FlashMe may bring a formal proceeding.
We Both Agree To Arbitrate: You and FlashMe agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting contact@flashme.io. within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

No Class Actions: You may only resolve Disputes with FlashMe on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the FlashMe products or FlashMe Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between FlashMe and you regarding the FlashMe Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FlashMe and you regarding the FlashMe Service and FlashMe Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without FlashMe’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FlashMe may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by FlashMe under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the FlashMe Service. For notices made by e- mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

FlashMe’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FlashMe. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact Us

Please contact us if you have any questions about these Terms. MEEMENTO / Flash Me.
13 Bis Avenue de la Motte-Picquet
75007 Paris
France
contact@flashme.io