Terms

FreeFly881 Mobile Application End User License Agreement

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and FreeFly881 Communications Inc. ("Company"). This Agreement governs your use of the FreeFly881 on the FreeFly881 mobile platform, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY CLICKING THE "AGREE"BUTTON, DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, OR INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:

(a) download, install and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and

(b) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

2. License Restrictions. Licensee shall not:

(a) copy the Application, except as expressly permitted by this license;

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application; or

(g) use the Application in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.

3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [www.freefly881.com/en/terms/privacy_policy]. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5. Content and Services. The Application may provide you with access to Company's website located at [www.freefly881.com/en] (the "Website") and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at [www.freefly881.com/en/terms/terms_of_service] and [www.freefly881.com/en/terms/privacy_policy], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

6. Geographic Restrictions. The Content and Services are based in the province of Ontario in Canada. You acknowledge that you may not be able to access all or some of the Content and Services outside of Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside Canada, you are responsible for compliance with local laws.

7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8. Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

9. Term and Termination.

(a) The term of Agreement commences when you download or install the Application and thereby acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 9.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of Company's rights or remedies at law or in equity.

10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

12. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that FreeFly881 Communications Inc. (or any of its parents, subsidiaries, or affiliates) assumes no responsibility for the content you submit or make available through this Application.

13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

14. Governing Law. This Agreement is governed by and construed in accordance with the laws of Ontario without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of Ontario located in Toronto and Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Entire Agreement. This Agreement, our Website Terms of Use, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

FreeFly881 Terms of Service

FREEFLY881 COMMUNICATIONS INC. (“WE”/“US”) HAS/HAVE DEVELOPED THE FREEFLY881 MOBILE APPLICATION (“APP”) AND WWW.FREEFLY881.COM (THE “SITE”) AS PART OF A SERVICE WHICH MAY ENABLE YOU, AS A USER (“YOU”), AND OTHER INDIVIDUAL USERS TOCREATE PUBLIC PROFILES (THE “ABOUT ME PROFILE"),WHICH MAY INCLUDE USER’S DOMAIN NAME(“MY LINK”), AND TO SEARCH AND BROWSE OTHER USERS’ ABOUT ME PROFILESAND TOMAKE VOICE CALLS AND LEAVE VOICE MESSAGES VIA MOBILE DEVICES OR COMPUTER OR IP PHONE SETS. THE APP MAY BE MADE AVAILABLE FOR DOWNLOAD OR USE VIA THE SITE OR THROUGH THIRD PARTY SITES OR SERVICES SUCH AS THE APPLE APP STORE. CONTENT MAY BECOME AVAILABLE THROUGH US OR THIRD PARTY SERVICES/CHANNELS.

THESE TERMS OF USE (“TERMS”) APPLY TO ALL USERS WHO USE/VIEW THE APP, SERVICES, SITE, AND/OR CONTENT (COLLECTIVELY REFERRED TO AS “FREEFLY881”, FOR CONVENIENCE, IN THESE TERMS). FREEFLY881MAY ONLY BE USED BY INDIVIDUALS WHO ARE AT LEAST 13 YEARS OLD.

BY USING/ACCESSING FREEFLY881 YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM DOWNLOADING, ACCESSING, OR OTHERWISE USING FREEFLY881 OR THE SITE. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND THE MOST CURRENT VERSION WILL BE POSTED ON THE SITE. IT IS ENTIRELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR FREEFLY881 USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ALL SUCH REVISED TERMS. ANY NEW FEATURES OR FUNCTIONS THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE, AND NOT REQUIRE SPECIFIC NOTICE OR CONSENT.

1. Accessing FreeFly881

FreeFly881may allow you and/or other users to generate and/or view and/or browse and/or search users’ About Me Profiles and make voice calls and leave voice messages. About Me Profiles may be generated and made public and viewed using FreeFly881and according to these Terms, and voice calls and voice messages may be made and received using FreeFly881and according to these Terms. You may, but may elect not to, register with FreeFly881using your Facebook, Twitter, Google+, or LinkedIn account.

In order to generate an About Me Profile on FreeFly881 or make voice calls or leave voice messages using FreeFly881, users are obligated to register with FreeFly881, and accept and abide by these Terms and our Privacy Policy [www.freefly881.com/en/terms/privacy_policy]. Users who under any circumstance view or browse or search or use the Site, App, or FreeFly881 without registering with FreeFly881, must still accept and abide by these Terms and our Privacy Policy [www.freefly881.com/en/terms/privacy_policy].
Users who download FreeFly881 must accept and abide by the Company’s Mobile Application End User License Agreement [www.freefly881.com/en/terms/end_user_licence_agreement] (“EULA”).

When you register with FreeFly881, you must:

▪ provide us with accurate and complete information, including without limitation, your first name, last name, country, gender, date of birth, email address, and mobile number; and
▪ update your registration information immediately upon any changes; and
▪ not use false identities or impersonate or associate yourself with any other person or entity.

When you register with FreeFly881, you may, but may elect not to, provide us with additional accurate and complete information, including without limitation, your region, city, company name, picture/avatar, domain name, and additional personal or biographical information for your About Me Profile.

You are responsible for safeguarding and maintaining the confidentiality of your FreeFly881account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your FreeFly881account, whether or not you have authorized such activities or actions. You agree to notify us of any unauthorized use of your account or any other breach of security immediately should such use become known to, or suspected by, you.

2. Restrictions on Use

In using the Site, App, and FreeFly881you shall not:

▪ copy any content from FreeFly881unless expressly permitted to do so;
▪ upload, post, email, transmit, or otherwise make available any material that:

▪ you do not have a right to make available under any law or under a contractual relationship;
▪ infringes any patent, trademark, trade secret, copyright, or other rights;
▪ is or contains unsolicited or unauthorized advertising or solicitation;
▪ contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site; or
▪ contains any falsehoods or misrepresentations or creates an impression that you know or ought to know is incorrect, misleading, or deceptive, or in any way harmful;

▪ impersonate any person or entity or misrepresent an affiliation with a person or entity;
▪ interfere with or disrupt the Site or App servers or networks connected to the Site or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
▪ intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
▪ collect or store personal data about other users or publish any private information of someone, like their address, phone number, email address, picture, likeness, and/or any similar information, without their explicit written permission;
▪ license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, App, or FreeFly881; or
▪ modify, translate, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of FreeFly881or any software provided as part of the Site or App, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

3. No Access to Emergency Services

Neither the App nor FreeFly881 will support or carry, under any circumstances, emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). You acknowledge and agree that we do not offer access to Emergency Services under any applicable local and/or national rules and FreeFly881 is not a replacement for your primary telephone service.

4. Intellectual Property Violations

We do not permit intellectual property-infringing activities and will move to remove any content and/or stem any activity we deem infringing on another’s intellectual property rights. If you are an intellectual property rights holder or an agent thereof and believe your rights are being violated, you may contact us via email support@freefly.com.

5. End User License

FreeFly881and the information and materials that it contains/displays, are the property of FreeFly881 Communications Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Users who download FreeFly881 must accept and abide by the Company’s EULA [www.freefly881.com/en/terms/end_user_licence_agreement]. Subject to these Terms and to those of the EULA, we grant you a non-transferable, non-exclusive, license to (a) use FreeFly881, and (b) download, install, and use one copy of the App on a mobile device that you legitimately own (the “License”). FreeFly881is licensed to you and not sold. Nothing in these Terms or those of the EULA gives you a right to use FreeFly881’s names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of FreeFly881shall be subject to the terms of these Terms and those of the EULA.

6. App Providers

The App may be provided by, accessed through, or downloaded from a third party (the “App Provider”). You acknowledge that the App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.

The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. You must also comply with all applicable third party terms of service when using the App.

7. Feedback

If you provide us with any suggestions, comments, or other feedback relating to any aspect of FreeFly881(“Feedback”), we may freely use such Feedback or in any other products or services without remuneration to you.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITE, APP, FREEFLY881, AND ALL MATERIALS PROVIDED BY FREEFLY881 ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FREEFLY881IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED, COMMUNICATED, ADVERTISED, OR OFFERED BY ANY THIRD PARTY THROUGH THE APP OR FREEFLY881 OR IN RESPECT TO ANY SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY, REGARDLESS OF WHETHER THAT PARTY IS A FREEFLY881USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF FREEFLY881.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE, APP, OR FREEFLY881, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, DATA, OR, INFORMATION, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF FREEFLY881, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE, APP, OR FREEFLY881, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU PAID US IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

10. INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD FREEFLY881 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH THESITE, APP, ORFREEFLY881 AND ANY VIOLATION BY YOU OF THESE TERMS.

11. Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access FreeFly881. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, the EULA [www.freefly881.com/en/terms/end_user_licence_agreement] or the Privacy Policy [www.freefly881.com/en/terms/privacy_policy], (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site or App (or any part thereof), and/or (e) unexpected technical, security, or legal issues or problems. Termination of your access to the Site or App may also include removal of some or all of the materials uploaded by you to the Site or App. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to this Site or App or for the removal of any of the materials uploaded by you to the Site or App. Any termination of these Terms by us shall be in addition to any and all other rights and remedies that we may have.

12. Availability & Updates

FreeFly881may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or for other reasons. We may periodically add or update the information and materials on the Site or App without notice.

13. Security

Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication via, to, or from FreeFly881or any representation or warranty regarding the interception by third parties of personal or other information. All personal data that you provide to us in connection with FreeFly881is collected, stored, used, and disclosed in accordance with our Privacy Policy [www.freefly881.com/en/terms/privacy_policy]. In addition, in common with most online services, we use “cookies” and Google Analytics to help us understand how people are using FreeFly881, so that we can continue to improve the service we offer.

14. Third Party Websites and Services

FreeFly881content and other information related to FreeFly881 and its use and users may be placed by you or other users and otherwise become available through third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, including without limitation, Facebook, Twitter, Google+, and LinkedIn(“External Services”).

FreeFly881does not have any control over External Services, and is not and cannot be responsible for their content, operation, or use, with regard to any FreeFly881content or any other content. FreeFly881does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services.

External Services may have their own terms of use and/or privacy policies, and may have different practices and requirements to those operated by FreeFly881. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to or incidental to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer and mobile device that may relate to or stem from using or accessing any External Services.

FreeFly881disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against FreeFly881with respect to the content or operation of any External Services.

15. Business or Asset Transfer or Sale

FreeFly881may be sold, might sell or buy businesses or assets of businesses, or FreeFly881might merge with another business. Normally, in the instance of such transactions, user information is one of the transferred business assets. In the event that FreeFly881, a line of business of FreeFly881, or substantially all the assets of FreeFly881are transferred as part of such a transaction, your information may well be one of the transferred assets. FreeFly881will make reasonable effort to provide notice on FreeFly881and to notify you via email to the most recent email address that you have provided to FreeFly881of any such change in ownership or control of your Personal Information.

16. General

These Terms, in conjunction with the EULA [www.freefly881.com/en/terms/end_user_licence_agreement] our Privacy Policy [www.freefly881.com/en/terms/privacy_policy], constitute the entire agreement between the parties relating to FreeFly881. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and this shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent.

These Terms are governed by the laws of the Province of Ontario and we both consent to the exclusive jurisdiction of the courts of the Province of Ontario in relation to these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted and the other provisions shall remain in effect.

17. Contact

If you have any questions about these Terms or if you wish to make a comment or complaint regarding FreeFly881, please contact us at: support@freefly881.com.

FreeFly881 Privacy Policy

FreeFly881 Communications Inc. (“we”/”us”) provides this Privacy Policy (“Policy”) to inform you, the user, (“you”) of our policies and procedures regarding the collection, use, and disclosure of personal information (“Personal Information”) and the data we collect, do not collect, store, and do not store, from users. FreeFly881 respects your privacy, and is committed to protecting such Personal Information.

This policy applies to you and all users who download/use/view the app (“App”), services, website (“Site”) and/or content (collectively referred to as “FreeFly881”, for convenience, in this Policy) while using/accessing the Site, App, and/or any third party websites or services. FreeFly881 may only be used by individuals who are at least 13 years old.

1. Information Collection

“Personal Information” is personally-identifiable information such as your name, address, email address, and avatar/picture. We collect Personal Information from you via the Site and/or App when you register to use FreeFly881. You have the option of registering using your Facebook, Twitter, Google+, or LinkedIn account, in which case such Personal Information, including your picture/avatar, will be “autofilled”, though you will have the option of changing it, including your picture/avatar. The Personal Information we hold about you may therefore include, but is not limited to: your name, email address, country, region, gender, birthday, mobile number, company name, domain name, and any and all information submitted for inclusion in your About Me profile. We may also collect Personal Information from time to time through other communications with you, information downloads, product or service purchases or downloads, and user support.

As you use the FreeFly881 App and/or navigate the Site, certain anonymous information may be passively collected (that is, gathered without you explicitly providing the information), including your device identifier, MAC address, Internet Protocol (IP) address, operating system, browser type, the address of a referring site, geolocation data, mobile number, email address, and your activity on FreeFly881. We use Google Analytics, and your Internet browser may, for instance, using small files called “cookies,” automatically transmit anonymous information to us, such as the date and time you access FreeFly881. We use such information to better understand how you interact with our services, while monitoring traffic to our services, with the aim of improving our services. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. While you may be able to disable cookies with your browser, doing so may affect FreeFly881’s functionality.

2. Information Sharing & Disclosure

We will not transfer your Personal Information to third parties without your permission, except we may transfer your Personal Information without your consent to the extent required to do so by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of law or comply with legal process served on us; (ii) protect or defend our rights or property; (iii) act in urgent circumstances to protect the personal safety, property, or privacy of our employees, users, or members of the public; or (iv) affect a transaction, restructuring or proceeding that transfers to a third party the assets or line of business to which the information pertains. In addition, we may send your Personal Information to other companies or people under any of the following circumstances: when we have your consent to share the information; or we need to share your information to provide the product or service you have requested; or we need to send the information to companies who work on our behalf to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose).

3. Changing or Deleting Your Information

You may review, update, correct, or delete Personal Information by contacting us. Please contact us should you desire a change, and we will strive to accommodate your request as quickly as possible if we do not have any legal obligation to retain the record. See below for privacy contact information.

4. Data Security

Your Personal Information is protected for your privacy and security. We safeguard the security and confidentiality of your data using physical, technical, and managerial procedures. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. While we strive to protect your Personal Information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

5. International Transfer

Your information may be transferred to, and maintained on, computers located outside of your jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. FreeFly881 may transfer Personal Information across the United States and/or Canada and process and/or store it there.

6. General

This Policy, in conjunction with our Terms of Service [www.freefly881.com/en/terms/terms_of_service], constitutes the entire agreement between you and us relating to Freefly881. If any part of this Policy is held to be unlawful, void, or unenforceable, that part shall be deemed severed and this shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under this Policy shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign any terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent.

7. Protection of Minors

Children under the age of 13 are not permitted to register for, or use, Freefly881.

8. Changes to this Privacy Policy

If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on www.freefly881.com/en/faq or by sending you a notice to the email address we have on file for you. You should periodically check www.freefly881.com/en/faq for updates.

Contact Information

If you have any questions, comments or concerns please contact us electronically at support@freefly881.com.

FreeFly881
8901 Woodbine Avenue, Suite 104
Markham, Ontario
L3R 9Y4

Last Updated: 25 August, 2014