Terms & Conditions

These General Terms apply generally to the use of the service Flip & Floss Incorporated (the "Service" or "Flip & Floss Incorporated"), and constitute a contract between you and the company providing the Service, Flip & Floss Incorporated ("The Company"). References to "The Company" or "Flip & Floss Incorporated" include The Parent Company and its wholly-owned subsidiaries, including Flip & Floss USA and Flip & Floss US.

Application Date: This policy is effective February 26, 2021. Published: October 28, 2020.

1. General

By using Flip & Floss Incorporated you agree to these General Terms and the Privacy Policy (collectively, "Terms"). Please read them carefully. If you don't agree to the Terms, you can't use Flip & Floss Incorporated.

We may change these Terms at any time. If a change is material, we'll let you know before it takes effect provided we have your correct email address. By using Flip & Floss Incorporated on or after that effective date, you agree to the new Terms. For paid Services or Content already purchased, we will notify you at least 30 days prior to any material changes, including price changes.

2. Age Limitation

Flip & Floss Incorporated is for anyone. However, if you are under the age of 18, you need parental consent to use our services. By using Flip & Floss Incorporated, you affirm that you are over 18 or a parent of legal age.

If we learn that someone under 18 is using Flip & Floss Incorporated without parental consent, we'll terminate their account. For use in educational settings, please contact us.

3. How You Can Use the Service

Commercial Use

Commercial use of Flip & Floss Incorporated as part of your own business offering requires one of our paid plans. Your use requires hardware, software and an Internet connection fulfilling certain recommended requirements.

Account Registration

To use certain parts of the Service, you will need to create a personal Flip & Floss Incorporated account. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not use an identity of another person with intent to impersonate. You must use a valid email address.

Account Responsibility

Your account is strictly personal and shall not be used by any other person without your supervision, nor assigned to any other person. You are solely responsible for use of the Service through your account. We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice.

4. Prohibited User Content

You are responsible for your use of Flip & Floss Incorporated, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you. Prohibited User Content includes, without limitation:

• Content that is offensive, or engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm.
• Pornographic, sexually explicit or otherwise indecent material.
• False or misleading information or illegal activities.
• Unauthorized copies of copyrighted work.
• Content that infringes on trademarks, copyright or legal rights.
• Content that shares personal information about others without their consent.

5. Charging for Use of the Services

The Service is available as a Free plan to sign up and access courses. To access premium features and gain other privileges, a paid plan must be obtained either by subscription or paying the amount for the course in full.

All payments shall be made in advance or otherwise as laid out on the Pricing page. If your payment is not successful, your account will be downgraded to the Free plan with access to paid features removed.

Upgrading to a paid plan starts a recurring subscription, billed monthly in advance on the day of month the subscription was first created. You can cancel at any time in the billing page, retaining access to paid features for the remainder of the paid month. Payment processing is provided by PayPal, subject to the PayPal Services Agreement.

6. Privacy and Personal Data

When delivering the Service, Flip & Floss Incorporated will collect and process personal data about you and your use of the Service. By using the Service, you agree that Flip & Floss Incorporated can use your personal data in accordance with our Privacy Policy and the consents you have given us.

7. Communication

Flip & Floss Incorporated may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other electronic communication, by posting a notice on the Website, or through other relevant channels.

8. Intellectual Property Rights

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Flip & Floss Incorporated, protected by copyright and other intellectual property rights.

You retain your rights to any Content you submit, post or display on or through the Service. By submitting User Content, you grant Flip & Floss Incorporated a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content.

AI Use of User Content: By submitting User Content, you acknowledge that Flip & Floss Incorporated may use such content to train and develop machine learning or artificial intelligence models. Flip & Floss Incorporated makes no warranty regarding the safety, accuracy, or non-discriminatory nature of any outputs derived from AI systems trained on Content.

9. Termination

You may stop using our Service by deleting your account in Settings. As a subscriber of a paid plan, you may terminate your subscription at any time, retaining access for the remaining pre-paid billing period.

The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice. Users of paid plans may be entitled to refunds to the extent described on our Support Center. No users are entitled to refunds upon termination due to breach of these Terms.

10. Miscellaneous

Disclaimer of Warranty

Flip & Floss Incorporated provides the Service "as is." You acknowledge that the Service is not error-free. Flip & Floss Incorporated makes no warranties, expressed or implied, with respect to availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service.

Limitation of Liability

Flip & Floss Incorporated shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service.

Indemnity

You agree to indemnify, defend and hold harmless Flip & Floss Incorporated and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) arising from your misuse of the Service in breach of the Terms or applicable laws.

11. Flip Academy Licenses

Annual Licenses

Access to certain Flip Academy products and services may be provided through the purchase of annual licenses.

Licenses may be purchased by:

• Individual educators
• Schools
• School boards
• Districts
• Educational organizations

A license grants access rights only and does not transfer ownership of the Services or intellectual property.

License Assignment

Institutional customers may assign purchased licenses to authorized educators within their organization.

Licenses are intended for use by a single authorized educator at a time unless otherwise specified in a written agreement.

Flip & Floss reserves the right to suspend access where license sharing or misuse is detected.

License Transfers

Schools and institutional customers may request the reassignment of licenses when:

• An educator leaves the organization
• Staffing changes occur
• Administrative changes require reassignment

Flip & Floss may facilitate license transfers while preserving classroom records, student progress, and educational reporting where technically feasible.

License Expiration

Unless otherwise stated in a written agreement, licenses expire at the end of the purchased term.

Upon expiration:

• Access to certain platform features may be restricted
• Educational data may be preserved for future restoration
• New student enrollments may be prevented
• Reporting access may be limited

Flip & Floss is not obligated to maintain expired accounts indefinitely.

Renewals

Customers are responsible for renewing licenses prior to expiration.

Flip & Floss may provide renewal notices; however, failure to receive a notice does not relieve customers of responsibility for maintaining active licenses.

Institutional Ownership

Where licenses are purchased by a school, district, or educational organization, the institution shall be deemed the owner of the license rights associated with that purchase.

Educators assigned a license receive a limited right to access the Services during the term of assignment.

Classroom and Student Records

Flip & Floss will make commercially reasonable efforts to preserve classroom records, student progress, and educational reporting during license renewals and transfers.

Flip & Floss does not guarantee indefinite retention of data and reserves the right to establish reasonable archival and retention policies.

Administrative Reporting

Institutional customers may access reporting tools and administrative dashboards made available by Flip & Floss.

The customer agrees to use such information solely for legitimate educational and administrative purposes and in compliance with applicable privacy laws.

Right to Modify Licensing Programs

Flip & Floss reserves the right to modify, discontinue, replace, or update licensing programs, pricing structures, and access models at any time. Any material changes affecting active customers will be communicated through reasonable notice.

12. Governing Law and Dispute Resolution

Governing Law

• For Canadian users: Governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
• For US users: Governed by the laws of the State in which the user resides.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved exclusively through binding arbitration rather than in court, conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration organization.

Class Action Waiver

Users agree that any dispute will be resolved on an individual basis only. Users waive the right to participate in any class action, collective, or representative proceeding.

Questions?

You will find answers to the most frequently asked questions about the Service on the Website, or contact our support team at info@flipandfloss.com. Most questions will be answered within 24 hours.