tag or after the closing tag of the website or and the specific product box code at the desired display location.
3. User Registration and Account
3.1. To access our features of the Software, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
3.3. We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for any reason, including but not limited to a violation of these Terms.
4. Use of the Software
4.1. You agree to use the Software only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Software.
4.2. You are solely responsible for the content of the product boxes you add using the Software. You warrant that your content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights, and is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
4.3. You understand and agree that the display of your product boxes on your website is dependent on the correct implementation of the provided code snippets as instructed by the Software. We are not responsible for any display issues arising from incorrect code implementation or modifications to your website's code.
4.4. You are responsible for ensuring that your website is compatible with the Software and its generated code. We do not guarantee compatibility with all website platforms or configurations.
4.5. You acknowledge that the Software's functionality relies on the general code snippet being placed within the website or website template. Removing or incorrectly placing this code may result in the product boxes not displaying correctly or the Software not functioning as intended.
4.6. By implementing the provided codes and utilizing our service, you grant flauntopia.com permission to modify your website's content, specifically the HTML structure, to the extent necessary to display the product box as designed.
4.7. Users are responsible for ensuring that their website's existing structure and content are compatible with the embedded code and that they have appropriate backups of their website.
4.8. Users are responsible for correctly embedding the provided code into their websites. flauntopia.com is not responsible for errors or issues resulting from incorrect code implementation.
5. Intellectual Property Rights
5.1. The Software, including its design, features, and underlying code (excluding user-generated content), is owned by flauntopia.com and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Software in accordance with these Terms.
5.2. You retain all intellectual property rights to the content of the product boxes you add using the Software. However, by using the Software, you grant us a non-exclusive, worldwide, royalty-free license to host, display, and otherwise use your content as necessary to provide the Software's services.
5.3. You agree not to reproduce, modify, distribute, create derivative works of, publicly display, or publicly perform the Software or any part thereof without our prior written consent.
6. Data Privacy and Your Responsibilities
6.1. We are committed to protecting privacy. Our practices regarding the collection, use, and disclosure of personal data are described in our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy carefully.
6.2. Important Information Regarding Server Logs: You acknowledge and understand that Our hosting provider, GoDaddy, logs HTTP requests to their servers. When visitors access Product Boxes displayed on Your website (due to the integration of Our JavaScript link), these logs may automatically collect certain information, including the visitor's IP address, the date and time of the request, the pages accessed, browser type, and other technical information.
6.3. Your Role as Data Controller: When You embed Our JavaScript link on Your website and display Product Boxes, requests from Your website visitors' devices are sent to Our servers (hosted by GoDaddy) to retrieve the necessary data. In this context, You act as the data controller for the personal data of Your website visitors that is processed through the display of these Product Boxes.
6.4. Your Obligations to Your Website Visitors: As a data controller, You are solely responsible for ensuring that Your processing of Your website visitors' personal data complies with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) if You have visitors in the European Economic Area (EEA) or other relevant data protection laws in their jurisdiction. Your responsibilities include, but are not limited to:
Providing a clear, comprehensive, and easily accessible privacy policy on Your website that informs Your visitors about the processing of their personal data related to the display of Product Boxes. This must include information about the data collected by GoDaddy's server logs, the purposes of this processing (security, technical administration), the legal basis for processing, data retention periods (if available), and their rights under applicable data protection laws. - ( Godaddy server logs ).
Obtaining valid consent from Your website visitors for the processing of their personal data where required by law.
Ensuring You have a lawful basis for all processing activities related to the display of Product Boxes.
Implementing appropriate technical and organizational measures to secure the personal data of Your website visitors.
Responding to any requests from Your website visitors regarding their data protection rights (e.g., access, rectification, erasure).
6.5. Our Role as Data Processor: To the extent that We process any personal data You provide to Us directly through Your use of the Software (e.g., account information, content within Product Boxes), We act as a data processor. Our processing of this data is governed by our Privacy Policy and these Terms.
6.6. Brevo (Transactional Emails): We use Brevo (formerly Sendinblue) to send transactional emails related to Your account and the Software. Their processing of Your personal data is governed by their own privacy policy, which You should review.
6.7. Quill.js: The Quill.js library is used for the text editor functionality within the Software. We do not transmit the content You create using Quill.js to third parties except as necessary to provide the Software to You.
7. Data Storage and Security
7.1. We utilize third-party hosting services provided by GoDaddy to host the Software and store related data. While we strive to implement reasonable security measures to protect your data, we cannot guarantee absolute security. You acknowledge and agree that the security of your data is also dependent on the security measures implemented by GoDaddy.
7.2. We will implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of your data. However, no method of transmission over the internet or method of electronic storage is absolutely secure, and we cannot guarantee its absolute security.
7.3. You are responsible for taking your own precautions to protect the security of your account credentials and any data you transmit to or through the Software.
8. Use of Third-Party Services
Service Providers: Flauntopia.com utilizes various third-party services to operate and enhance the Software. These services may include, but are not limited to:
Third-Party Terms: Users acknowledge that their use of these third-party services is subject to the respective terms and conditions and privacy policies of those providers. flauntopia.com is not responsible for the actions or omissions of these third-party services.
Data Sharing: By using the Software, Users consent to the sharing of necessary information with these third-party service providers for the purpose of providing and maintaining the Software's functionality.
No Liability: flauntopia.com shall not be liable for any issues or damages arising from the use of these third-party services.
9. Payment (Future Implementation)
9.1. Currently, the Software is provided without any payment obligations.
9.2. In the future, we may introduce fees for the use of certain features or the Software as a whole. We will provide you with reasonable prior notice of any changes to our pricing or the introduction of payment obligations.
10. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SOFTWARE AT YOUR OWN RISK. WE MAKE NO WARRANTIES REGARDING THE SECURITY OR RELIABILITY OF OUR THIRD-PARTY HOSTING PROVIDER, GODADDY, OR THE STRIPE PAYMENT GATEWAY (WHEN IMPLEMENTED).
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAUNTOPIA.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED 5000rs. WE SHALL NOT BE RESPONSIBLE FOR ANY ISSUES, OUTAGES, OR DATA LOSS CAUSED BY OUR THIRD-PARTY HOSTING PROVIDER, GODADDY, OR THE STRIPE PAYMENT GATEWAY (WHEN IMPLEMENTED).
12. Indemnification
You agree to indemnify, defend, and hold harmless flauntopia.com and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Software; (b) your violation of these Terms; (c) your user content (including the product boxes you create); or (d) your infringement of any third-party rights.
13. Termination
We may terminate or suspend your access to the Software immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Software will immediately cease.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Software shall be resolved exclusively in the courts located Vadodara, Gujarat, India.
15. Modifications to These Terms
We reserve the right to modify or update these Terms at any time without prior notice. The updated Terms will be effective upon posting on the Software platform or our website. Your continued use of the Software after the posting of revised Terms constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
16. Entire Agreement
These Terms constitute the entire agreement between you and flauntopia.com regarding your use of the Software and supersede all prior and contemporaneous communications and proposals, whether oral or written.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
18. Contact Us
If you have any questions about these Terms, please contact us.
