User’s Agreement

TERMS OF USE AGREEMENT

This Terms of Use Agreement (the “Agreement” or “Terms”) is a legal agreement between “You” and ALEAS Group (represented by the ALEAS Hungary Ltd.) (“ALEAS,” “We” or “Us”) and governs your use of the Service. The “Service” means (i) ALEAS’ proprietary software application, which includes compiled software code, images, music, media, templates, data, a user interface, any documentation accompanying the program, and any updates or supplements of such software and documentation (collectively, the “App”); and (ii) ALEAS’ proprietary software and related media accessible at www.fligby.com, including all related subdomains (the “Website”).

The Service is provided by ALEAS for the purpose of providing a smart entertaining learning and development platform. The Service may also provide information and links related to other ALEAS products and services and third-party products and services. If You are under the age of 18 years of age or the age of majority in your location, You may use the Service only with the involvement of a parent or legal guardian.

IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALEAS IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.

THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE, WHICH PROVIDES FOR A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. UNLESS YOU TIMELY OPT OUT OF THIS ARBITRATION CLAUSE, YOU AND ALEAS AGREE THAT ANY DISPUTE RELATING TO THIS AGREEMENT MUST BE RESOLVED BY INDIVIDUAL MANDATORY ARBITRATION.

  1. This Agreement governs your relationship with ALEAS and your use of and access to all services and products provided by ALEAS (collectively, the Services). You agree that by accessing or using any part of the Services You are bound by the terms of this Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein.
  2. You may not use the Services unless all of the following apply to You, and You affirm that all of the following apply to You:
    1. You are either an adult over the age of 18 years old, an emancipated minor, or You have express permission from your parent or legal guardian to use the Services;
    2. You are legally allowed to use the Services where You live;
    3. You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless You have the authority to bind that entity to these Terms;
    4. You have not been banned by ALEAS from using the Services;
    5. You will view the Digital Content for which You are authorized and for the time period and for the time period in such subscription or membership (“Viewing Period”).
  3. Digital Content. The Service may allow You to: (i) access Digital Content on a subscription basis for viewing during a limited period (“Subscription Digital Content”), (ii) rent Digital Content for on-demand viewing over a limited period of time (“Rental Digital Content”), (iii) purchase Digital Content for on-demand viewing over an indefinite period of time (“Purchased Digital Content”), (iv) purchase Digital Content for pay-per-view viewing over a limited period of time (“PPV Digital Content”), and/or (v) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time (“Free Digital Content”). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, PPV Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license granted herein.
  4. Subscriptions/Memberships. Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, to the extent of available Subscription Digital Content, and the specific titles available through subscription services may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the then next subscription period. If You do not agree to a subscription change, You may cancel your subscriptions or memberships as indicated herein. The pricing for subscriptions or memberships may include VAT and/or other taxes. Where applicable, such taxes will be collected by ALEAS or a third party. We make no guarantee as to the availability of specific Subscription Digital Content available in any subscription. Some of the subscription services we offer are from third parties. Third parties that provide subscription services may change or discontinue the features of their services or the content in their services. ALEAS is not responsible for the content contained in any third-party subscription service or the features of those services.
  5. Cancellation of Subscriptions/Memberships. You may cancel your subscription or membership at any time by visiting Your Account and adjusting your membership settings. We do not provide refunds for the cancellation of your subscriptions or memberships. All transactions for Subscription Digital Content, Rental Digital Content, Purchased Digital Content, and PPV Digital Content are final. You may cancel an order for Digital Content, Rental Digital Content, or Purchased Digital Content within 48 hours of purchase or rental (or, for customers in the UK and European Union, within 14 days from the date of purchase or rental by clicking “Cancel Your Order”, except that You may not cancel an order for Digital Content, Rental Digital Content or Purchased Digital Content once You have started viewing or downloading such Digital Content.
  6. Payment Methods.
    1. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for You.
    2. If You purchase a subscription or membership or start a free trial for a subscription or membership, your subscription or membership will automatically continue, and You authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription or membership fee including any taxes, using any payment method we have on file for You.
    3. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO RENEW, YOU UNDERSTAND THAT ANY CONTINUING SUBSCRIPTION OR MEMBERSHIP YOU AGREED TO WILL AUTOMATICALLY RENEW AUTOMATICALLY AND YOU AUTHORIZE US (WITHOUT ANY NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION OR MEMBERSHIP FEE INCLUDING ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON FILE FOR YOU.
    4. If all payment methods we have on file for You are declined for payment, your subscription or membership will be canceled unless You provide us with a new payment method. If You provide us with a new payment method and are successfully charged before your subscription or membership is canceled, your subscription or membership period will be based on the original billing date and not the date of the successful charge. You can use the “Your Account” settings to update your designated payment method(s).
  7. Promotional Trials. We sometimes offer eligible customers various trials or other promotional memberships which are subject to this Agreement except as otherwise stated in the trial. We reserve the right, in our sole discretion, to determine your eligibility for any trial or other promotional membership. Trial members may at any time (through Your Account) choose not to continue to a paid subscription or membership at the end of a trial period.
  8. Limited License to Digital Content. Subject to payment of any charges to rent, purchase or access Digital Content, and your compliance with all the terms of this Agreement, ALEAS grants You a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, for personal, non-commercial use.
  9. ALEAS Privacy Policy. The ALEAS Data Policy is located at https://fligby.com/data-policy/ and is incorporated herein by reference (“Data Policy”). The Data Policy provides information about your privacy rights and explains how ALEAS protects and handles your personal information. You agree to the terms of the Data Policy, including the transfer of information to other countries for storage, processing, and use, if applicable.
  10. Proprietary Rights. The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to ALEAS. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of ALEAS is granted to You hereunder other than the right to display the ALEAS marks that are placed on the Service and any ALEAS messages when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by ALEAS.
  11. Assessment Measurements. The Service provides an assessment report from the interactions with the Digital Content. The information and data received from You will be used in accordance with the Data Policy.
  12. General Restrictions. You may not (i) transfer, copy, or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
  13. Copyright infringement is not allowed on the Services, and ALEAS will, in appropriate circumstances, terminate the account of any repeat infringer. If your copyright has been infringed by any content on the Services and You did not grant a license for this use by uploading your copyrighted work to the Services, You may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C 512(c)(3), to our Copyright Manager at info@fligby.com. Your notice must include: (1) an electronic or physical signature of the copyrighted work owner (or a person authorized by the copyright owner), (2) a description of the copyrighted work, including the URL where the infringing content is available, or a copy of it, (3) contact details of the person submitting the notice, including email address, telephone, and mailing address, (4) statement in “good faith belief” that the work is not authorized by the copyright owner, and (5) a statement by the sender that all of the above information is accurate, and that the person sending the notice is either the copyright owner or is authorized to act on behalf of the copyright owner. Upon receiving a notice satisfying these requirements, ALEAS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
  14. We may terminate your access to the Service, including any subscription or membership available as part of the Service, at our discretion without notice (except as may be required by applicable law) if You violate any of the terms of this Agreement and without any refund of any fees. In such an event, You must delete any and all copies of Digital Content that You have downloaded.
  15. Communications. We may send You communications which may include phone, email, text message, push notifications, or other means of communication and You hereby consent to receive those communications (unless You are a customer in the UK, European Union, Turkey, or Brazil, in which case You separately decide whether or not You wish to receive those communications).
  16. Explicit Content. By using the Services, You may encounter content that may be offensive, indecent, or objectionable and which may or may not have been identified as having explicit language or other attributes. Nonetheless, You agree to use the Service at your sole risk, and ALEAS has no liability to You for any content. Content types, genres, categories, and descriptions are provided for convenience and ALEAS does not guarantee their accuracy.
  17. The Service comes with no express or implied warranties, except those that cannot be disclaimed under the law. ALEAS DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY ALEAS “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. ALEAS CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE IS AT YOUR OWN RISK. ALEAS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALEAS makes no representation or endorsement of the function of the Services or any content available through the Services. ALEAS has no responsibility or liability to You arising from your use of the Services. ALEAS has no responsibility or liability to You arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause You to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, ALEAS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES, OR; (c) ANY CONTENT OBTAINED FROM THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALEAS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID ALEAS, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND SHALL FURTHER APPLY WHETHER OR NOT ALEAS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  18. Modifications of Service. ALEAS may from time to time, in its sole discretion, make updates, modifications, supplements, or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches, and feature improvements. We highly recommend that You enable automatic updating on your mobile or satellite device or that You promptly install all updates as they appear. ALEAS disclaims any and all liability relating to Your failure to install any updates to the Service. Notwithstanding the foregoing, ALEAS does not have any obligation to provide any bug fixes, modifications, updates, or technical or end-user support for the Service.
  19. You shall defend, indemnify, and hold harmless ALEAS and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) your use of the Service; (ii) any dispute between You and any other user or users; (iii) your violation or breach of this Agreement, or (Iv) the infringement by You, or any other user of Your username or account, of any intellectual property or right of any person or entity.
  20. Applicable law. The laws of Hungary without regard to conflict of law provisions will govern these Terms and any Dispute that arises between You and ALEAS. These Terms will not limit any consumer protection rights that You may be entitled to under the mandatory laws of your residence.
  21. Dispute Resolution, Class Action Waiver, and Arbitration.
    1. For purposes of this Agreement, the term “Dispute” will be given the broadest possible meaning allowable under applicable law and shall mean any claim, dispute, action, or other controversies between You and us concerning this Agreement, the subject matter of Your agreements with ALEAS, or any product, service or information We make available to You, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, except for claims, disputes, and controversies relating to the enforcement or validity of our intellectual property rights. In the event of a Dispute, You or ALEAS must give the other party a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by postal. mail or courier to: ALEAS Hungary Ltd., 1112 Budapest, Nevegy utca 28. We will send any Notice of Dispute to You by U.S. Mail or courier to your address if we have it or otherwise to your email address on file with ALEAS. You and ALEAS will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. We may choose to provide You with a final written settlement offer after receiving your Notice of Dispute (“Final Settlement Offer“). After sixty (60) days, either You or ALEAS may commence an arbitration proceeding to resolve the Dispute, as set forth below.
    2. Disputes are to be Filed Within One Year. To the extent permitted by applicable law, arbitration of any Dispute must be initiated within one (1) year from the date the cause of action accrued. If a Dispute is not initiated within one (1) year, it will be permanently barred.
    3. Equitable Relief. You agree that we would be irreparably damaged if the terms of this Agreement are not specifically enforced. Therefore, in addition to any other remedy that We may have at law, and notwithstanding our agreement to arbitrate Disputes, We will be entitled, without bond or other security or proof of damages, to seek appropriate equitable remedies with respect to Your violation of this Agreement in any court of competent jurisdiction.
  22. Other Agreements. This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and ALEAS with respect to Your use of the Service and any and all other written or oral agreements or understandings previously existing between You and ALEAS with respect to such use are hereby superseded and canceled. This Agreement is not intended to supersede or replace any other agreements entered into with ALEAS by You or Your company that expressly supersedes clickwrap terms. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy, or documentation, the following order of precedence will apply for resolving such conflicts or inconsistencies: (i) any Agreement between ALEAS and You or Your Company that expressly supersedes clickwrap terms shall control; then (ii) this Agreement; and then (iii) any other agreements, policies, or documentation.
  23. Void Where Prohibited. Although the Service is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Service are available to all persons or in all geographic locations or appropriate or available for use outside the United States. ALEAS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Service is void where prohibited. If You choose to access the Service from outside the United States, You do so on your own initiative and You are solely responsible for complying with applicable local laws.
  24. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. ALEAS’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by ALEAS of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between ALEAS and You or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

Last Updated: March 11, 2023