Terms of Service

1Eligibility & age requirements

You must be at least 13 years old to use Flick'd Up. By using the Service, you represent that you are 13 or older.

If you are between 13 and 17 years old, you represent that you have permission from your parent or legal guardian to use the Service, and that they have read and agreed to these Terms on your behalf. If you are a parent or legal guardian and you permit your child to use the Service, you agree to these Terms and are responsible for your child's activity on the Service.

Some features may be limited for users under 18. The Service is not available to anyone under 13. If we learn that an account belongs to a person under 13, we may suspend or terminate it and delete the associated data.

2Your account

• You sign in using your mobile phone number and a one-time verification code sent by SMS, or (where offered) with Sign in with Apple or Google. You are responsible for maintaining access to your phone number and sign-in method and for keeping your account secure;
• You agree to provide accurate information, including an accurate date of birth, and to keep it current;
• You are responsible for all activity that occurs under your account;
• One person, one account — do not impersonate others or create an account for anyone who is not you;
• You may not use the Service if you have previously been banned or removed, or if doing so would violate any law or sanction.

3How the Service works

Flick'd Up lets you and your friends form a group for a night or event, capture a limited number of "moments" (including dual-camera captures) during timed capture windows, and then relive the night together when the group's content is revealed at a scheduled time — by default, after a seal period of about 12 hours. Revealed content is visible for a limited window (currently about 24 hours) and is then automatically deleted unless it is saved to Memories. You can react to and comment on moments within your group, message people you're connected to, add friends, and optionally create or discover public events.

Features, timing windows, limits (such as how many nights you can save), and availability may change as the Service evolves. The Service is provided free of charge; there are currently no purchases, subscriptions, or virtual goods.

4License to use the app

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Flick'd Up app on an Apple-branded device that you own or control, solely for your personal, non-commercial use, and as permitted by the App Store Terms of Service. We reserve all rights not expressly granted. You may not copy, modify, distribute, sell, lease, reverse-engineer, or attempt to extract the source code of the app, except to the extent this restriction is prohibited by law.

5Your content

You keep ownership of the photos, captions, messages, and other content you create ("Your Content"). By posting Your Content to the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, and distribute Your Content solely as necessary to operate and provide the Service — for example, revealing it to the members of your group, delivering your messages, and showing it in Memories. This license ends when Your Content is deleted from the Service, except for (a) copies that may persist temporarily in backups, and (b) content retained as part of a safety report or as required to comply with law or enforce these Terms.

You are responsible for Your Content and represent that you have the necessary rights to share it, and that it does not violate these Terms or anyone else's rights. We do not claim ownership of Your Content and we do not sell it.

6Acceptable use

You agree not to:

• Post or share content that is illegal, harmful, harassing, hateful, threatening, sexually explicit, or that exploits, endangers, or sexualizes minors;
• Use the Service to bully, harass, stalk, threaten, defame, or harm anyone;
• Capture, upload, or share images of other people without their consent, or content that violates someone's privacy, publicity, or other rights;
• Impersonate any person or misrepresent your affiliation, identity, or age;
• Attempt to contact, solicit, or interact with minors in a manner that is inappropriate or unlawful;
• Upload viruses or malicious code, or attempt to hack, disrupt, overload, probe, reverse-engineer, circumvent security or rate limits, or gain unauthorized access to the Service or other users' accounts or data;
• Scrape, harvest, or collect other users' information, or use bots or automated means to access the Service;
• Use the Service for spam, advertising, or commercial solicitation without our permission;
• Violate any applicable law or these Terms.

We may remove content and suspend or terminate accounts that violate these Terms.

7Messaging & interactions with other users

Flick'd Up lets you message people you're connected to. Messages are not end-to-end encrypted, and we may access message content to operate the Service, enforce these Terms, respond to reports, or comply with law. You are interacting with other real people, and we are not responsible for the conduct of other users. Use good judgment — especially about sharing your whereabouts or meeting people in person. Remember that content on the Service can be screenshotted or re-shared by others even though it is designed to be ephemeral.

8Safety, blocking & reporting

Flick'd Up provides tools to block other users and to report users, moments, messages, or groups. We take safety seriously and maintain a policy of zero tolerance for content that sexualizes or endangers minors. Reports may be retained as safety and moderation records, which may include preserving reported content that would otherwise expire. If you encounter content or behavior that violates these Terms, please report it in the app or contact dpulido@flickdup.com. In an emergency, contact your local authorities.

9Content moderation & removal

We may, but are not obligated to, review, monitor, or moderate content. We may remove content or restrict, suspend, or terminate accounts at our discretion, including for violations of these Terms or to comply with law. Because most content is ephemeral, much of it is automatically deleted regardless of moderation.

10Copyright & DMCA

We respect intellectual property rights and expect you to do the same. If you believe content on the Service infringes your copyright, send a notice to dpulido@flickdup.com that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove allegedly infringing content and, in appropriate circumstances, terminate repeat infringers. Note that most content on the Service is short-lived and may expire before a notice can be processed.

11Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback for any purpose, without any obligation or compensation to you.

12Third-party services

The Service relies on and may interoperate with third-party services (for example, Apple, Google, Twilio, and Amazon Web Services). Your use of those services may be subject to their own terms, and we are not responsible for third-party services or their acts or omissions. The App Store is operated by Apple, and your download and use of the app is also subject to Apple's terms — see Apple App Store terms.

13SMS & notifications

By signing in with your phone number, you consent to receive SMS text messages containing one-time verification codes. These are transactional messages required to use the Service, not marketing messages. Message and data rates may apply, and message frequency varies. If you enable push notifications, you consent to receive service-related notifications, which you can turn off in your device settings.

14Termination

You may stop using the Service and delete your account at any time (Profile → Settings → Delete account). We may suspend or terminate your access at any time, with or without notice, if you violate these Terms, if we reasonably believe your conduct creates risk or legal exposure, if required by law, or if we discontinue the Service. Provisions that by their nature should survive termination — including content licenses already exercised, disclaimers, limitations of liability, indemnification, and the dispute-resolution terms — will survive.

15Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT CONTENT WILL BE PRESERVED (IT IS EPHEMERAL AND MAY BE DELETED), THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, CONTENT, GOODWILL, OR PROFITS, ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, THE CONDUCT OF OTHER USERS, OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM (WHICH IS TYPICALLY ZERO), OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17Indemnification

You agree to indemnify, defend, and hold harmless the operator from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or relating to your use of the Service, Your Content, your violation of these Terms, or your violation of any law or third-party right.

18Changes to the Service & these Terms

We may modify or discontinue the Service (in whole or in part) at any time. We may also update these Terms as the Service evolves or as required by law. We will revise the "Last updated" date and, where appropriate, provide notice in the app. Changes are effective when posted (or on the date we specify). Your continued use of the Service after a change takes effect means you accept the updated Terms; if you do not agree, stop using the Service.

19Dispute resolution — arbitration & class-action waiver

Please read this section carefully — it affects your legal rights.

Informal resolution first. Before starting a formal proceeding, you agree to try to resolve the dispute informally by emailing dpulido@flickdup.com with a description of your claim. You and the operator agree to negotiate in good faith for at least 60 days before initiating arbitration.

Binding arbitration. If the dispute is not resolved, you and the operator agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, except as provided below. The arbitration will be administered by a recognized arbitration provider under its applicable consumer rules, and may be conducted by phone, video, or written submissions where the rules allow. The arbitrator has exclusive authority to resolve disputes about the interpretation or enforceability of this arbitration agreement.

Class-action & jury-trial waiver. You and the operator agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. You and the operator waive any right to a jury trial.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property or address unauthorized access to the Service. Nothing here prevents either party from reporting matters to a government agency.

30-day opt-out. You may opt out of this arbitration agreement by emailing dpulido@flickdup.com with the subject line "Arbitration Opt-Out," along with your name and the phone number associated with your account, within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.

Applicability. This Section applies to the fullest extent permitted by applicable law. If you reside in a jurisdiction (such as the EEA or UK) where a pre-dispute arbitration agreement or class-action waiver is not enforceable against you, this Section does not apply to the extent prohibited, and disputes may be brought in the courts of your place of residence under your local law.

20Governing law

Except where prohibited by applicable law, these Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the United States and the State in which the operator resides, without regard to conflict-of-laws principles. Where the arbitration agreement in Section 19 does not apply, the state and federal courts located in the operator's state of residence will have exclusive jurisdiction, and you consent to their jurisdiction and venue — except that if you are a consumer residing outside the U.S., mandatory consumer-protection laws of your country of residence may still apply.

21Apple App Store terms

This Section applies to the Flick'd Up app obtained through the Apple App Store. You acknowledge and agree that:

• These Terms are between you and the operator only, not with Apple. Apple is not responsible for the app or its content;
• Your license to use the app is a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service;
• Apple has no obligation to provide maintenance or support for the app;
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app;
• Apple is not responsible for addressing any claims by you or a third party relating to the app or your use of it, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar law;
• If a third party claims the app infringes its intellectual property, the operator, not Apple, is responsible for the investigation, defense, settlement, and discharge of such a claim to the extent required by these Terms;
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not on any U.S. Government list of prohibited or restricted parties;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

22General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and the operator regarding the Service and supersede any prior agreements;
• Severability. If any provision is found unenforceable, the remaining provisions remain in full effect;
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later;
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets;
• No third-party beneficiaries, except Apple as described in Section 21;
• Export & sanctions. You agree to comply with all applicable export-control and sanctions laws;
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

23Contact

David Pulido — Flick'd Up
Email: dpulido@flickdup.com