Terms and Conditions

Introduction

Fluttr is a new kind of dating App intended to create a safer and more trusted way to date “online”. The new Fluttr App is brought to you by Fluttr Ltd., a UK registered company, Company number 13056432 and an address of 1 Mereside Alderley Park, Nether Alderley, Macclesfield, Cheshire, England SK10 4TG.

The following Terms of Use outline what the App does, how to interact with it and what your and our responsibilities are to each other.

Age restrictions

All users of this App (whether subscriber users or those just ‘Browsing’) must be 18 years of age or above. We are able to verify subscription users age through the Apps verification process. However, those who are not subscribers are expected to stop using the App if they are not 18 years or older yet.

App Subscriptions

The App works on a paid subscription basis. By charging for people to use the App we can avoid having to make money by selling user data at targeted advertising.

Subscriptions are charged on a monthly basis and automatically renewed until you decide to cancel. We try to make the process of cancelling as straightforward as possible because we are thrilled that people use our App but even more thrilled when they find their match and no longer need the App. For more information about pricing, how to get a subscription and how to cancel please click [here].

Creating an account

Although we welcome people to download and take a look at the App before subscribing (i.e. ‘window shop’), we do ask that all users create a user account. To get full access to the App and all of its functions though, you must create a verified account and pay a monthly subscription.

Limited Account:
To create a limited access account, you will need to provide some basic, mandatory information:
– Name
– Email address
– Date of birth
– Gender

Verified Account:
To ensure the safety and comfort of our users, we require all users who want full access to the App to be verified through the ID verification service Yoti. (For more information about Yoti, their terms and privacy policy please click [here].

The verified information, including your name, date of birth and picture will become set on your account and cannot be removed, changed or hidden from your account profile. You will be able to block your profile from being viewed by some users but you cannot block this information from any user you want to interact with.

The App will ask you more information about you and your preferences. Although providing some of this information is entirely voluntary. The more information you give the more able the App will be in showing you appropriate matches.

The App implements Artificial Intelligence (“AI”) in many of its features including perfecting your profile. Some of the information provided by you will be modified to ensure your preferences are clearly communicated to prospective matches.

The information you provide will form part of your profile. Some information will solely be viewable by you but other information will be available to other users. Some information that cannot be made private is you real name and the photo that was used to verify your identity. This type of information is important to ensuring that the people using the App are who they say they are and do not mislead other users. This avoids one of the biggest issues on dating apps in general; “Catfishing” or using other people’s identity to attract and even defraud people.

Searches

As a subscription user, you will be able to search the App for other users with as many or as few filters as you would like. Your search criteria will not be seen by other users so there is no cause for embarrassment or for users to feel judged by not meeting your preferences.

You will only be shown users who meet the criteria you have set in your searches. If you want to see more or fewer matches you will need to modify your search criteria accordingly or wait for the right user to join the App who is a match for what you are looking for.

You may set multiple searches and save them in your account. Again, these searches and their filters will only be seen by you and no other users.

Matches

When someone comes up in your search results you can view their profile and connect if you wish to by clicking on the Fluttr fly.

When you click on the Fluttr fly, a notification is sent to that user and they are given the option to match with you or to decline.

If you match, you can then send instant messages via the App or via voice/video call using our audio and video calling service.

If the other user declines the match then neither you nor that user will see each other’s profile in the App.

Notifications

You can turn notification on or off through the setting in the App at any time.
If notifications are turned on you will receive notifications when you match with someone as well as other updates from the App.

Complaints and reporting abuse/inappropriate behavior

We strive to make the App a safe and fun environment for all users. We ask that all users do their best to be respectable and kind to other users. To help our users we have provided a user guide which outlines some behaviors which are discouraged and could lead to temporary blocking of a user’s account from the App or permanent removal.

If you as a user are offended or upset by the behavior of another user you will always have the option to block that users from viewing your profile and interacting with you. However, if you feel that user’s behavior should be reported so that others who use the App can be protected we encourage you to make a complaint through the App.

As a user if you make a complaint against another user that user will automatically be blocked from viewing your profile if you have not blocked them yourself. You will also no longer be able to view their profile in the App.

Complaints will be handled according to the complaints process established by Fluttr. Responses to complaints may vary depending the severity of the behavior, the number of complaints or the repetition of the same behavior multiple times by the same user.

A person who has received a complaint may be warned against repeating the behavior in the future, temporary blocked from using the App or in the most serious situations blocked from the App permanently.

The App may also introduce from time-to-time other features to ensure the safety of its users such as a traffic light system with green for users who have not received a complaint and amber for those who have received complaints but not serious enough to be removed from the platform.

Third party resources and links to other sites

Links to other Sites may be included or be embedded into our App. Unless expressly stated, these Sites are not under the control of Fluttr.

Fluttr neither assumes nor accepts responsibility or liability for the content on third-party Sites.

The inclusion of a link to another Site is for information purposes only and does not imply any endorsement of the Sites themselves or of those in control of them.

Acceptable use policy

This Site must only be used in compliance with these Terms and Conditions.

You must not use this Site in a manner that is unlawful or fraudulent. You must not knowingly cause harm to the Site by uploading, sending or in any other way transmitting data that contains any form of virus or malware or any other code designed to adversely affect computer, hardware, software, or data of any kind.

You must not knowingly cause harm to any other user of our App.

Intellectual property

With the exception of content a user adds to the App, all content included on the App, including copyright or trademark material or other intellectual property, belongs to, or is licensed by Fluttr. Such content is protected by Intellectual Property laws and regulations and may not be copied, reproduced or used in any way without express permission of Fluttr.

User Content – As a user, you may upload content such as pictures and messages through the App. By uploading this content or showing this content with other users you do not give away your intellectual property rights to that content. If another user shows you their photos or writes you a message that DOES NOT give you the right to use those photos, messages or any other content of theirs without that user’s express permission. The term “show” is used instead of the normal “share” here to emphasise the fact that viewing photos and other content on this App (or indeed on any social media type app) does not mean the person “showing” the content is giving you any right to use it yourself.

Any user found to be using content of another user without their express consent will be subject to suspension or possible termination from the App.

Indemnity

As a user, you shall defend, indemnify and hold harmless Fluttr against claims, actions or proceedings for losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with your use of the Fluttr App.

Limitation of liability

Fluttr strives to make a safe and fun environment for its users. However, it accepts no liability for any damages that may be caused to a user either directly or indirectly through the use of the App. Any liable Fluttr does have to any user is limited to the amount paid by the user in Subscription fees up to a six-month period.

Nothing in these Terms seed to exclude or limit Fluttr’s liability for death or personal injury caused by negligence (including negligent actions taken by employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation by Fluttr. Nor does it limit any liabilities otherwise required under law.

Warranties

Fluttr makes no representations, warranties or guarantees that the App will meet any specific user’s needs or requirements, that it will not infringe rights of third parties, that it will always be fully functional and available, that it is compatible with all mobile systems or hardware or that it is secure. Fluttr only warrants that it will use reasonable care and skill to make the App meet users’ needs and that it is safe and secure. For more information about your rights as a user, please contact either Citizens Advice Bureau or the Trading Standards Office.

Changes to these terms and conditions

Fluttr may alter these Terms and Conditions at any time. If Fluttr decide to do so, any such changes will become binding on all visitors on their first visit to the App after the changes have been made.

All visitors are therefore encouraged to check this page and read our Terms and Conditions upon every visit to our App.

Data protection, privacy and cookies

These Terms and Conditions have been drafted in line and in accordance with the Data Protection Act 2018.

Use of this App is governed by our Privacy and Cookie Policy which can both be found here (Privacy Policy and Cookie Policy). These policies are incorporated into these Terms and Conditions by reference.

Severability

If any provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, these provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

Law and jurisdiction

These Terms and Conditions, and the relationship between Fluttr and visitors or users of our App (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.

Any disputes concerning these Terms and Conditions, the relationship between visitors, users and Fluttr, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the court of England and Wales.

Contact us

If you have any questions or concerns in regards to these Terms and Conditions please feel free to email us info@Fluttrdating.com

Welcome to Fluttr. We hope you have a fantastic time on our dating App. We politely ask you to read over our Ts & Cs. As soon as you have registered with us you’ll be bound by these Terms so we want to make sure you are happy with them.

1. Introduction: 

By installing and subscribing to the Fluttr App you accept the terms and conditions of use as set out below. In order to be granted access to the App and its content you must provide proof of your real identity via a YOTI account or by providing photographic evidence of your identity via a Document Scan e.g. passport or driving licence. Our sign-up process also requires biometric information in the form of a 3D face or fingerprint scan on your mobile device. Without access to a camera for verification you will be unable to subscribe to the Fluttr App. 

2. Privacy:

We encourage you to read our Privacy Policy and use it to help you make informed decisions regarding your use of the Fluttr App.  Fluttr Ltd.  reserves the right to update and/or change its policies as they see fit. 

3. Permission to use the Fluttr App:  

As a member of the Fluttr App you have ownership of all content and information posted by you. As a member you grant Fluttr Ltd. a non-exclusive licence as follows: 

A worldwide, transferable and sub-licensable right to use, copy, modify, distribute publish and process information that you give Fluttr Ltd., and the services of others, without any further consent, notice and/or compensation to you. 

The exceptions are

  • if you shared the content with others and said others shared, copied or stored the content and
  • the reasonable amount of time it will take to remove the content from the Fluttr App system. 
  • The Fluttr App will never share your content in relation to advertisements or third parties. Anybody wishing to share data with a third party will be solely responsible for this action themselves. 
  • You agree to only submit content that is lawful and categorically does not violate any person’s rights, including intellectual property rights. You also agree to provide truthful and accurate subscription information. 
  • In certain countries Fluttr Ltd.may be required, by law, to remove certain content. 
  • You and Fluttr Ltd.are in complete agreement that content, including personal data, is subject to our privacy policy. 
  • Fluttr Ltd.has the right to limit how you interact on the App and to terminate your account if deemed necessary. 

4. Other social media platforms: 

The Fluttr App may contain links to third party websites. Clicking through those links or connections may allow third parties to collect, process and store your personal information. We are not responsible for data processing by these third parties and this Privacy Notice does not cover such websites. We encourage you to read the privacy notice of every external website or platform you use in order to understand how your data is collected, processed and stored. 

5. Restricted Content

Fluttr Ltd.does not tolerate bullying, abuse or any form of intimidating behaviour. Once we are aware of it, we will remove any content which we deem to be of this nature, and we reserve the right to disable the account of anyone who is bullying another or abusing our safe standards.  

 Rules about your content:  We will not tolerate content which we deem may be malicious, harmful or hateful to others. We will impose restrictions on certain content: 

  • Taking screenshots of images without permission 
  • Images that have been altered to mislead.
  • Sharing personal information to blackmail or harass people.
  • Posting any photos of a pornographic, exhibitionist, or indecent nature  
  • Using inappropriate language when creating or replying to a message.
  • Photos or videos of violent actions  
  • Incitement of violence or violent acts 
  • Any attempt to trick or circumvent our ID verification system 
  • Any use of the Fluttr App in an illegal, dishonest, malicious and/or discriminatory manner 
  • Encouragement of any illegal activity including, without limitations, terrorism, racial hatred or the submission of which, in itself, committing a criminal offence
  • Sexually explicit content 
  • Racism 
  • Extreme political views and rhetoric 
  • Extreme religious views 
  • Homophobia, transphobia 
  • Self-harm or suicide content 
  • Animal cruelty 
  • Child abuse, cruelty or exploitation 
  • Promotion of illegal activities 
  • Advertising or promotion of content, goods or services outside of the Fluttr ecosystem 
  • Stalking and / or harassment
  • involves the transmission of “junk” mail or “spam” mail or messages
  • the creation/operation of any pyramid scheme, fraud or other similar practices
  • Content containing any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Fluttr or otherwise.
  • Fluttr Ltd. operates a zero-tolerance policy for this kind of content.
  • All messages will be checked by our AI filters as well as human moderators. If any content is deemed inappropriate it will be removed.

If you breach our rules regarding posting restricted content it may constitute a breach of our terms. If you are found to be in breach you will be liable (without prejudice) of the deletion of your account and a ban of using our App.

Any activity or content posted on the App which is in breach of local or international laws will also be subject to deletion and the account of any linked members may be reported to legal authorities and may lead to further criminal proceedings. 

6. Registration and accounts:   

Account Eligibility and Subscription

To maintain safety and transparency and to promote personal accountability throughout the Fluttr App, everybody’s identity will go through an ID verification process.  Every account and its activity can always be traced back to a real individual regardless of whether a different photo or nickname have been used on the profile account. 

  • In order to create an account you must be at least 18 years old
  • You must go through our ID verification process. This process includes a photo ID document check, such as passport or driving license and biometric face match.  

Purchase of a subscription allows access to the full list of features and functionalities on the Fluttr App.

  • You must be legally permitted to use the Fluttr App by the laws of your own country.
  • No other person is permitted to use your account. It is your responsibility to have adequate protection in place to prevent this from happening. 
  • Notification of account misuse. Using the reporting links within the App, you can report breaches of our terms and conditions, such as bullying, inappropriate content, illegal activities and copyright infringements. These are reviewed by the Fluttr App moderators.  
  • As a member you take full responsibility for your use of the App including what you share on your profile and the content of your messages to other users.

7. Member login details: 

It is important that we hold up-to-date and accurate information about you. Therefore, please inform us if your personal information changes during our relationship with you. 

We may, from time to time, require you to refresh your ID check with our verification system if we detect that personal identity details may have changed. For example, a change in your name or a change of gender. 

8. Cancellation and Suspension of account

Termination of Your Account: 

Any violation of these General Terms and Conditions or any use which may present a risk (legal, technical or other) may result in the deletion of your profile which is the origin thereof. Should this occur, no compensation for the paid subscription fee will Apply.   

In the case of any dispute, Fluttr is free to decide to block or deactivate your profile and thereby your access to the Fluttr App, and this is at the sole discretion of, and without prior notice by, Fluttr. 

Cancellation of Your Subscription:

Please be aware that if you subscribe to services on a monthly basis, then the terms of your subscription will be automatically renewed for additional periods of the same duration, unless you cancel your subscription in accordance with our clauses below:

You can terminate your subscription at any time. Please note that if you cancel your subscription in the middle of your contract you will still be eligible to use the App for the duration of said contract. However, some functionality may be restricted depending on the date of your cancellation.

How to Request a Refund or Cancel Your Subscription :

You will need to access your account with the Apple and Google store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

Suspension of Your Account:

 Fluttr Ltd.will restrict your account if you do not have a current, active subscription. Messages, data, photographs and content will be deleted if your account is not reactivated within 6 months, but we will maintain your contact list and history for up to 12 months should you wish to have a short break and re-activate your account later. 

9. Member Communication

You are accepting entire responsibility for any action, content, information or data which you may upload, download, post, send, or keep within the scope of the use of the Fluttr App.  

The information provided must be accurate, and a true reflection of reality. The content provided by you must be lawful and must not infringe upon the rights of third parties. Fluttr Ltd.cannot be held liable for inaccuracies or the erroneous character of content provided by you and any consequences which may arise as a result. 

You will be required to compensate Fluttr Ltd. for any damages, losses or expense caused by your words or actions. 

You do not have any rights in relation to other members’ content, and you may only use other Fluttr members’ personal information to the extent that your use of it matches Fluttr’s purpose of allowing people to meet one another. You may not use other members’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other members’ information.

You are responsible for providing accurate information within your profile page and keeping it up to date. In the event that your access to the Fluttr App has been suspended, interrupted or somehow blocked or removed by Fluttr Ltd., you are not allowed to create a new member profile. 

10. Our rights to use your content:  

There may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content, including content exchanged between members in direct messages. 

  1. You are responsible for your use of the Fluttr App and for any content and information you make available through your account (“Content” and “Information”), including compliance with all Applicable laws, rules and regulations. 
  2. You should only upload Content and Information you are comfortable sharing with others. 
  3. You warrant and represent that you own all of the Content and Information you post on the Fluttr App. You have full control over how your content and information is shared through your Fluttr App privacy settings. 
  4. You retain your rights to any Content and Information you submit, post or display on the Fluttr App. For content that is covered by intellectual property rights, like photos and videos (IP Content), you grant Fluttr Ltd a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, license to use, copy, process, display or distribute any IP Content that you post on Fluttr (IP License). In this respect, you warrant and represent that you have all the rights, powers and authority necessary to grant the rights relating to any IP Content that you submit to Fluttr. 
  5. This IP License shall terminate when you delete your IP Content on your account unless your IP Content has been shared with others, and they have not deleted it. Any deleted IP Content may persist in backup copies or cache for a reasonable period of time (but will not normally be available to others). 
  6. Fluttr reserve the right to remove any content which infringes copyright law. 

An online dating site, by its very nature, is used to share content and information. Therefore, Fluttr requires you to provide certain legal permissions in order for the App and you to utilise that content. 

Most specifically, when any content that is posted, shared or uploaded it is covered by intellectual property rights (such as videos or photos) on or in connection with Fluttr’s products.

As a Fluttr member you give us a world-wide licence to be able to translate, copy, host, use, modify or adapt, run and create imitative works. You also give Fluttr non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. 

12. Limited warranties:  

Use of the Fluttr App is at the individual’s own risk. Furthermore, we give no guarantee as to the absence of errors, interruptions to service, slow running of the App, imperfections, or attacks on the rights of third parties within the scope of the operation of the Fluttr App. This Applies in particular as a result of events on the internet outside of our control. 
Fluttr Ltd. cannot be held liable for malfunction, disturbance, or reduced access to the Fluttr App resulting from failure attributable to the internet network. Furthermore, Fluttr cannot be held accountable for malfunction, disturbance or reduced access due to failure attributable to an internet service provider, to the operating system, browser and/or device of the member. Furthermore, Fluttr cannot be held liable for any event attributable to a case of force majeure. 
Access to and use of the Fluttr App may be temporarily interrupted due to maintenance or technical updates. 

Fluttr Ltd.accepts no responsibility for any indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of the Fluttr App, its content and/or the illicit use by a third-party of the data or other rights of the Fluttr App member, i.e. you. 

13. Limitations and exclusions of liability:  

      13.1 Limitation of Liability. FLUTTR LTD. IS FULLY SUPPORTED TO THE MAXIMUM EXTENT OF THE LAW WITH REGARDS TO THEIR LIMITATION OF LIABILITY.IN ABSOLUTELY NO EVENT SHALL FLUTTR LTD, OR ANY OF ITS SUPPLIERS, BE IN ANY WAY LIABLE OR ACCOUNTABLE FOR THE FOLLOWING –INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR EXEMPLARY/PUNITIVE DAMAGES WHATSOEVER BECAUSE OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR YOU, THE FLUTTR APP MEMBER, USE OF OR INCAPABILITY TO USE THE SERVICES, INFORMATION AND FLUTTR LTD. PRODUCTS AND CORRECTLY.  

    13.2 FURTHERMORE, FLUTTR LTD IS IN NO WAY LIABLE FOR THE PURVEYANCE OR FAILURE TO PROVIDE SUPPORT SERVICES TO YOU, THE MEMBER. THIS INCLUDES, BUT IS ABSOLUTELY  NOT LIMITED TO, THE LOSS OF CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PROFIT, BUSINESS INTERFERENCE OR DISTURBANCE, PERSONAL INJURY, A  FAILURE TO MEET ANY DUTY OR RESPONSIBILITY (INCLUDING THOSE OF REASONABLE CARE OR GOOD FAITH), LOSS OF PRIVACY, ANY FORM OF NEGLIGENCE, COSTS OF APPROPRIATION OF REPLACEMENT GOODS OR SERVICES, OR ANY OTHER CLAIM FOR MONETARY OR OTHER LOSS WHATSOEVER. FLUTTR IS IN NO WAY LIABLE FOR ANY CLAIM OR DEMAND AGAINST A YOU ( A FLUTTR  MEMBER) BY ANY THIRD PARTIES. THIS APPLIES EVEN IF FLUTTR LTD HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY DESPITE ANY NON-FULFILLMENT OF  VITAL PURPOSE OF ANY LIMITED RECTIFICATION. 

    13.3 NOTWITHSTANDING ANY DAMAGES YOU, AS FLUTTR MEMBER, MIGHT BE SUBJECT TO FOR WHATEVER REASON (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES CITED IN THE ABOVE  PARAGRAPH AND ALL DIRECT OR GENERAL DAMAGES), THE TOTAL LIABILITY OF FLUTTR LTD AND ANY OF ITS SUPPLIERS UNDER ANY ARRANGEMENTS OF THIS AGREEMENT AND YOUR EXCLUSIVE RECOURSE FOR ALL OF THE PRECEDING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE INFORMATION, PRODUCT(S) AND SERVICES, OR £1.00. THE ANTERIOR DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT GRANTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 

    13.4 The remaining provisions of this Agreement will remain in effect even if any provision of this agreement is proclaimed unenforceable or, for any reason, invalid. Fluttr Ltd. has the right to modify these terms and conditions at any time. 

14. Indemnity 

You agree to defend, indemnify, and hold harmless, Fluttr Ltd., subsidiaries, and affiliates, and each of their respective officers, directors, attorneys and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you, the Fluttr member, of these Terms and Conditions or Privacy Policy or arising out of a breach of your obligations, representation and warranties under these Terms and Conditions. You, the member, agree to indemnify, defend, protect and hold harmless all of the Fluttr, and or from and against all losses, claims, and expenses (including attorneys’ fees and costs) arising out of or relating to: (1) your breach of any terms of this Agreement, (2) the determination by a jurisdiction that you have improperly utilised the Services of Fluttr Ltd. to violate the laws and regulations of the jurisdiction; (3) your use of the App or your failure to pay any sums due Fluttr Ltd. or any local government; or (4) you supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect use of the Fluttr App and / or which result from the information displayed by the Fluttr App. 

14.1 As a Fluttr member, you shall agree to indemnify, defend and hold harmless Fluttr Ltd.and affiliates and their respective officers, employees and agents, and each of Fluttr Ltd.’s software, App and or Application partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that your acts or omissions, including claims arising out of your use of the App; you or your submission, posting or transmission of Content or his or her violation of the Terms and Conditions. 

    14.2 You agree to indemnify and defend Fluttr Ltd. and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) the use of the Fluttr App by yourself; (b) the violation of these Terms and Conditions by Member or anyone using your account; or (c) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by yourself or anyone using your account. Fluttr Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. If we do assume the defence of such a matter, you will reasonably cooperate with Fluttr Ltd. in such defence. 

    14.3 You agree to defend, indemnify and hold Fluttr Ltd. and or the Fluttr App harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or in any way related to your failure to comply with these Terms and Conditions or use of the Fluttr App. 

    14.4 The Parties agree that Fluttr Ltd. is not an insurer and no insurance coverage is offered herein. Fluttr Ltd. is not assuming liability and therefore shall not be liable to you for any loss or injury sustained by you as a result of any cause whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by the Fluttr App negligent (including gross negligence) performance to any degree or failure to perform any obligation or strict products liability. You agree to release Fluttr Ltd. from any claims for contribution, indemnity or subrogation. 

    14.5 If anyone other than yourself, including your insurance, asks Fluttr Ltd., or representatives to pay for any loss, damage, cost or expense (including economic losses, property damage, personal injury, or death) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including (1) the active or passive, sole, joint or several negligence of any kind or degree of Fluttr Ltd., or any of its representatives, (2) the improper operation of the Fluttr App, (3) a breach of contract, or (4) any claims for subrogation, indemnification or contribution, you agree to defend, indemnify and hold Fluttr Ltd. or its representatives harmless (without any condition that Fluttr Ltd., or representatives first pay) from any and all such loss, damage, cost and expense, including attorneys’ fees, which may be asserted against or incurred by Fluttr Ltd. or any of the representatives in connection with any and all such claims to the fullest extent permitted by Applicable law. Your duty to indemnify, including the cost and duty to defend and hold Fluttr Ltd. and its representatives harmless shall include all of Fluttr Ltd.’s personnel-related costs, overhead, experts’ fees, actual attorneys’ fees, court costs and all related expenses, including all fees and costs incurred to enforce and establish rights under this indemnification provision.  

15. Intellectual Property 

The Fluttr logo and brand is protected by copyright, trademark, and other intellectual property laws. Fluttr Ltd. grants you a limited, non-exclusive, non-transferable license to view, copy and display Fluttr graphics and assets solely in connection with your permitted use of the Fluttr App. Any rights to our intellectual property not expressly granted are reserved. Any unauthorised use of Fluttr’s logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited. 

16. Variation

Fluttr Ltd. may modify these Terms of Use from time to time. Fluttr Ltd.will notify you of any changes to our Terms that materially (that means quite significantly) alter your rights or responsibilities by email and by posting a notice on our Site or in our App, as Appropriate. If you continue to use the Fluttr App after this notification, you are consenting to those changes and agree to be bound by those changes to our Terms. Remember, you can stop using the Fluttr App at any time you like.

17. Severability: 

  1. Termination 
  2. Fluttr Ltd. reserves the right to terminate this Agreement at any time for any reason without notice. You may terminate this Agreement at any time without notice to Fluttr Ltd. by discontinuing the use of the App and stopping monthly subscription payments.  Fluttr Ltd. reserves the right, in its sole discretion, to terminate your access to the App or any portion thereof at any time, without notice. Fluttr Ltd.’s obligation to provide /Services shall terminate automatically as of the date the Fluttr App is disabled and or uninstalled by you on a Member device or equipment.  This Agreement is for an indefinite period of time and may be terminated by either party for any reason or no reason at all. Fluttr Ltd. reserves the right to suspend access to the Fluttr App at any time for any reason. 
  3. If you no longer accept these Terms and Conditions, or any future modification to these Terms and Conditions, you must cease using the Fluttr App. Continued use of the Fluttr App indicates your continued acceptance of these Terms and Conditions. 
  4. If, for any reason, we believe that you have not complied with these Terms and Conditions, we may, at our sole discretion, cancel your access and or use of the Fluttr App immediately and without prior notice. Fluttr Ltd. may at any time discontinue, suspend, or change any aspect of the Fluttr App without informing you beforehand. 
  5. We shall have no liability to you and/ or any third party resulting from Fluttr Ltd.’s termination of the App or this Contract. You acknowledge that in the event of termination of this contract, we have no further duty to yourself. 
  6. Fluttr Ltd.’s RESPONSIBILITY AND OBLIGATIONS TO THE YOU CEASE IMMEDIATELY WHEN THIS AGREEMENT IS TERMINATED OR THE SERVICES ARE SUSPENDED AN OR CANCELED OR THE APP IS DISCONTINUED. THE PROVISIONS OF THIS CLAUSE DO NOT IN ANY WAY DEROGATE FROM THE EXEMPTIONS FROM LIABILITY CONTAINED ELSEWHERE IN THIS AGREEMENT. 
  7. If any provision of this Contract is unenforceable, it shall not affect the enforceability of the remaining provisions of this Contract. 
  8. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. 
  9. You agree that this consent is severable from this Agreement and shall Apply even in the event of termination of the Agreement. 
  10. Following termination of these Terms and Conditions, limitations on Fluttr Ltd.’s liability and indemnification by you shall survive termination and continue to Apply. 

18. Third Party Rights:  

From time to time, we might need to involve other third parties in delivering the services that our Fluttr App provides you. We reserve the right to transfer, assign, subcontract or deal in any other manner with our rights and obligations under these terms and conditions without your prior written Approval. Please note that you may close your account, stop using our Fluttr App and terminate these terms and conditions at any time.   

19. Entire agreement:  

These Terms, and any others, such as our Privacy Policy that we may refer to in these Terms, are the complete set of agreements between Fluttr Ltd. and you as the end member of our services. These Terms supersede and control with respect to any other agreement. If any part of these Terms is found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If Fluttr Ltd. fails to enforce any part of these Terms, that failure does not constitute a waiver of our ability to enforce those provisions. 

20. Law and Jurisdiction: 

The laws of the United Kingdom govern this set of Terms, as well as any dispute, claim, or controversy that may arise between you and Fluttr Ltd., despite claims to the contrary regarding conflict of provisions of law. Should a dispute need to be adjudicated between us, the only proper venue for such a dispute will be a court of law within the United Kingdom. 

21. No Class Action or Multi-Party Lawsuits.

If you have a dispute with Fluttr Ltd., you may only work to resolve that on an individual basis. You are acting on your own behalf 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 consolidations with other arbitrations are not permitted as a condition of you using our service whether for free or through purchase. 

Our details: 

The Fluttr App operator is Fluttr Ltd. 

Registered address: Fluttr Ltd, The Glasshouse, Alderley Park, Congleton Rd, Nether Alderley, Macclesfield. SK10 4TG, UK. 

info@Fluttrdating.com