Terms of Service

FlashCat Terms of Service

Last Updated: October 2, 2025

This website is operated by FlashCat LLC, a Wyoming limited liability company. Throughout the site, the terms “we”, “us” and “our” refer to FlashCat. FlashCat offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (these “Terms”), including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the current site or store will also be subject to these Terms. Our store is built on WordPress, which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Online Store Terms

• (a) By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are the age of majority and you allow any minor dependents to use this site, you affirm that you have given your consent for such use.
• (b) You must not use our products for any illegal or unauthorized purpose, and you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• (c) You must not transmit any worms, viruses, or any code of a destructive nature.
• (d) A breach or violation of any of these Terms will result in an immediate termination of your services.

General Conditions

• (a) We reserve the right to refuse service to anyone for any reason at any time.
• (b) You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. (Credit card information is always encrypted during transfer over networks.)
• (c) You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service (or any contact on the website through which the Service is provided), without express written permission from us.
• (d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Not Financial Advice

The information provided on this site and through our services is for informational purposes only and should not be construed as financial advice. Always seek the advice of a qualified financial advisor with any questions you may have regarding a financial decision.

Accuracy, Completeness, and Timeliness of Information

• (a) We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
• (b) This site may contain certain historical information which, by nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Website Subscription and Purchase Agreement

If you purchase FlashCat’s Website Service Subscription (for example, through our localize.flashcat.io platform), you also agree to the separate Website Service Agreement specific to that subscription. That Website Service Agreement is incorporated into these Terms by reference and forms part of your binding agreement with us.

Client-Specific Agreements

• FlashCat may, from time to time, provide client-specific service agreements, project scopes, licensing terms, or royalty structures (collectively, “Client Agreements”). Each Client Agreement is identified by a unique Contract Reference ID and/or a unique contract URL (for example, flashcat.io/contract-[ID]).
• Any such Client Agreement is hereby incorporated by reference into these Terms of Service and becomes part of the binding agreement between you (the client) and FlashCat. These Client Agreements govern the relationship with the identified client in addition to these general Terms.
• In the event of a conflict between a specific Client Agreement and these Terms, the Client Agreement will control for that particular client and project (with respect to that client’s services, fees, royalties, licensing terms, or other deal-specific obligations). By submitting payment or otherwise accepting services under a Client Agreement, you acknowledge and agree to be bound by both these general Terms of Service and your specific Client Agreement.

Modifications to the Service and Prices

• (a) Prices for our products and services are subject to change without notice.
• (b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
• (c) We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services

• (a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
• (b) We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that your computer or device’s display of any color will be accurate.
• (c) We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion, and we reserve the right to discontinue any product at any time. (Any offer for any product or service made on this site is void where prohibited.)
• (d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

• (a) We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
• (b) You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information (including your email address, credit card numbers, and expiration dates) so that we can complete your transactions and contact you as needed.
• (c) For more details on returns, exchanges, or cancellations, please review our Refund Policy (available on our site).

Optional Tools

• (a) We may provide you with access to third-party tools (for example, software or integrations) over which we neither monitor nor have any control or input.
• (b) You acknowledge and agree that we provide access to such third-party tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
• (c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms provided by the relevant third-party provider(s) before using any optional tool.
• (d) In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Any new features and/or services shall also be subject to these Terms of Service.

Risk Acknowledgement

• (a) By using our services, you acknowledge and accept the inherent risks associated with digital marketing, including but not limited to data breaches, data loss, and the actions of third-party freelancers or service providers.
• (b) While we strive to mitigate such risks, we cannot guarantee absolute security. FlashCat is not liable for any damages or losses resulting from these inherent risks (except to the extent caused by our gross negligence or willful misconduct, if applicable law requires such an exception).
• (c) – Financial Risk and Loss: You acknowledge that digital marketing involves financial risk and that you could lose your entire investment. Our services are not a get-rich-quick scheme, and marketing and advertising budgets can be costly. There is no guarantee of results from our campaigns or services.

Authority and Creative Control

By subscribing to our digital marketing plans, you acknowledge and agree to the following terms regarding our authority and creative control over your project:

• (a) You grant us full authority to focus on the aspects of your business that we believe will yield the best results in your marketing and growth.
• (b) We retain creative control to execute the strategies and tactics we deem most effective for your project.
• (c) Our decisions are guided by data-driven insights, personal experience, business intuition, and industry best practices, all with the goal of optimizing your business results.
• (d) While we value your input and encourage collaboration, our strategies will be prioritized based on what we believe will provide the best outcome for your goals.
• (e) We hold the right to cancel services at any time, and we will not be liable for any damages or claims arising from the cessation of service. (If we choose to stop service, we do so without further obligation or liability to you beyond refunding any prepaid amounts for unused service, if applicable.)
• (f) For our “done-for-you” service plans, we will assign a digital marketing manager to oversee your project. This manager may be an in-house employee or a contracted freelancer/subcontractor working with FlashCat.
• (g) We have the right to hire any freelancers, subcontractors, or other service providers we deem necessary for your project. We will choose providers and services that we believe best fit your project needs. (The use of outside specialists may sometimes mean fewer internal hours spent on your plan, but it allows for specialized expertise when needed.)

Credit Card Authorization and Use

By providing FlashCat (Bad Media LLC) with your credit card information for handling expenses, advertising spend, or other related services, you agree to the following terms. This agreement is governed by applicable federal, state, and local laws regarding credit card transactions and financial services:

• (a) Authorization for Charges: You authorize FlashCat to charge your credit card for agreed-upon expenses related to our services, including (but not limited to) advertising costs, software subscriptions, and other marketing-related expenses. These charges may be billed to your card as they are incurred.
• (b) Expense Management: FlashCat will manage and oversee the expenses incurred on behalf of your business (for example, purchasing advertising space, paying for third-party services, or other necessary expenses to optimize your marketing strategy). You agree to provide accurate and up-to-date credit card information to facilitate these transactions.
• (c) Monthly Reconciliation: FlashCat will provide invoices as necessary or as they become available. If you believe you have not received an expected invoice, please notify us, and we will obtain and provide it within 14 business days.
• (d) Limits on Spending: You may set a maximum monthly spending limit for your credit card. FlashCat agrees to adhere to this limit and will notify you if expenses are projected to exceed it. Any increase in the spending limit must be authorized by you in writing. (Note: We reserve the right to go up to 15% over the agreed-upon budget to cover additional services as needed, unless otherwise strictly prohibited, to account for unexpected but necessary expenses.)
• (e) Responsibility to Update Budget: It is your responsibility to inform us in writing of any changes to your budget or spending limits. If we discuss budget changes in a phone conversation, we may update our records based on that conversation, but we are not responsible for applying the change unless you also confirm the update in writing.
• (f) Fraud and Security: FlashCat takes the security of your credit card information seriously and uses secure, encrypted methods to process transactions. However, you acknowledge that there are inherent risks in providing credit card information online. FlashCat is not responsible for any unauthorized transactions or security breaches that occur beyond our control.
• (g) Cancellation and Refunds: If you choose to cancel services provided by FlashCat, you must notify us in writing. Any outstanding expenses incurred up to the cancellation date will still be charged to your credit card. Refunds for services already rendered will be handled in accordance with our Refund Policy.
• (h) Disputes and Chargebacks: In the event of a dispute regarding a charge, you agree to first contact FlashCat to resolve the issue before initiating a chargeback with your credit card company. We will make reasonable efforts to resolve any billing disputes in a timely and fair manner.
• (i) Responsibility for Charges: You are responsible for all charges made to your credit card, including any fees or interest charged by your card issuer. FlashCat is not responsible for any additional fees or interest your credit card company imposes as a result of transactions made on your behalf.
• (j) Changes to Credit Card Information: You agree to notify FlashCat immediately if your credit card information changes (for example, card number, expiration date, billing address, or cardholder name). Failure to provide updated information may result in delays or interruptions in the services. You agree to indemnify and hold us harmless from any claims or liabilities resulting from your failure to update your information (including, for example, any claims under the Telephone Consumer Protection Act (TCPA) or similar laws if we attempt to contact you at an outdated phone number you provided).
• (k) Outstanding Balances: You are responsible for any outstanding balances or expenses incurred on your behalf. If any expenses are billed on our card (or if charges to your card are declined or do not go through), you remain responsible for those amounts. We reserve the right to seek repayment through lawful means, which may include charging any secondary card you have provided, invoicing you directly, or using third-party collection services. You agree to cover any additional costs (including reasonable collection fees) incurred by us in recovering these funds.
• (l) Termination of Authorization: You may terminate the authorization for FlashCat to use your credit card at any time by providing written notice. Upon termination, any outstanding expenses already incurred will be charged to your card, and FlashCat will cease using your card for new transactions.
• (m) Compliance with Laws: FlashCat will comply with all applicable laws and regulations regarding credit card transactions and financial services. By providing your credit card information, you agree to abide by all relevant laws and regulations as well.

By providing your credit card information to us, you acknowledge that you understand and agree to the terms outlined above. If you have any questions or need further clarification regarding these credit card authorization terms, please contact us.

Missed Appointments and Cancellations

• (a) If you no-show (fail to attend without notice) for a scheduled appointment or meeting, you will not be able to rebook another session for that same week (or month, as applicable). The missed session will be considered forfeited for that period.
• (b) If you miss an appointment or meeting, we will continue to perform ongoing digital marketing efforts for you (if applicable to your service) during that time, even if the meeting did not occur. In other words, your project work may continue even if a consultative session is missed.
• (c) Consulting sessions can only be rescheduled if you cancel and request a reschedule with at least 48 hours’ notice before the appointment.
• (d) If you miss an appointment without prior communication or late notice and later want to reschedule that missed session, we reserve the right to bill you for the missed session time. (If your plan includes a set number of hours, the missed session may count toward those hours or be billed additionally if no hours remain for that month.)
• (e) We understand emergencies happen and we may attempt to accommodate a rescheduling in special circumstances; however, we are not obligated to reschedule missed sessions. Missed appointments (and cancellations) will be recorded in your user profile for our records.
• (f) We strongly encourage you not to miss appointments. If special circumstances arise that will prevent you from attending a meeting, please communicate with us as soon as possible so we can adjust plans accordingly.
• (g) After two cancellations (even if you provided 48-hour notice for those), a third cancellation will be considered a “missed” appointment and will be subject to the missed appointment terms outlined above (meaning it may not be rescheduled in that billing period and could be billed or counted against your plan hours).

Service Flexibility

• (a) The specific services provided each month under your plan may vary based on our ongoing assessment of your business needs and what will drive the best results.
• (b) Our goal is to deliver the best results as quickly as possible, and we will prioritize tasks and services accordingly. This means in some months we might focus heavily on certain areas that we believe will have the biggest impact.
• (c) You may not receive every type of service every month. The services we provide are at our discretion and will be based on your business’s unique needs at that time. (For example, one month might involve more advertising work and another more content creation, depending on strategy.)
• (d) We will use our professional judgment to determine the most effective allocation of our time and resources to achieve your desired outcomes.
• (e) You agree to allow us full authority in how your budget is used. We will do our best to meet any monthly hourly quotas in your plan, but the distribution of hours among various tasks is at our discretion based on what we feel is needed.
• (f) We may hire freelancers, subcontractors, or other service providers for various tasks as part of delivering your services. These third parties may be paid different rates based on their expertise and the task at hand.
• (g) If we determine that your project requires a specialized freelancer or subcontractor with a higher cost, we reserve the right to allocate your plan’s resources accordingly. This could result in fewer internal hours spent (to compensate for the higher external cost) either for one month or over an extended period. You understand and agree that the number of hours allotted in your plan is flexible and may vary up or down as needed to accommodate the best resources for your project.

Additional Meetings or Consultations

If you request additional meetings or consultation sessions that are not included in your current plan, you will be billed for that extra time. We may apply the extra meeting time against any available hours in your plan (if applicable), or invoice you separately if no hours remain for that month. In some cases, we might recommend upgrading to a larger plan if you regularly need additional meetings beyond what your current plan provides.

Legal Documentation and Liability

By engaging FlashCat to assist in the creation of any legal documentation or contracts (including but not limited to Terms of Service, contracts, privacy policies, or other legal documents), you acknowledge and agree to the following:

• (a) No Legal Advice: FlashCat is not a law firm and does not provide legal advice. Any legal documentation or contracts we help create are for informational and drafting purposes only. You are solely responsible for having any such documents reviewed and approved by a qualified licensed attorney to ensure they are legally sound and compliant with all applicable laws.
• (b) Review by Legal Counsel: It is your responsibility to have any legal document or contract that we assist in creating reviewed by your own legal counsel before you use it. FlashCat assumes no liability for the legality, enforceability, or regulatory compliance of any documents we assist you in drafting.
• (c) No Liability: FlashCat shall not be held liable for any errors, omissions, or legal consequences arising from the use of any documentation we assist in creating. This includes, but is not limited to, Terms of Service, contracts, privacy policies, or any other legal documents. You use these documents at your own risk.
• (d) Indemnification: You agree to indemnify, defend, and hold harmless FlashCat and its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of any legal documentation or contracts created (in whole or in part) by FlashCat.
• (e) Assumption of Risk: By using our services to create or assist with legal documentation, you assume all risks associated with the use of those documents. FlashCat does not guarantee any particular legal outcome and is not responsible for any legal disputes or issues that result from the use of a document we helped draft.
• (f) AI Assistance: You acknowledge that FlashCat may utilize AI and other automated tools to assist in the drafting or creation of legal documentation. While these tools can increase efficiency, they are not a substitute for professional legal advice and thorough legal review.
• (g) Additional Contracts: When enrolling in certain services, you may be required to sign additional contracts or agreements before we begin providing digital marketing services. These additional agreements will outline specific terms, responsibilities, and expectations of both parties. They are incorporated into our overall agreement with you, and you are equally bound by those additional terms. (Note: In some cases, there may be a fee associated with drafting or executing certain legal agreements, such as a Business Associate Agreement for HIPAA compliance — see the “HIPAA Compliance” section below.)

SMS and Autodialer Marketing

By providing your phone number and email address at checkout or by opting in on our website, Facebook page, or through any third-party app, you agree to receive marketing text messages (SMS), emails, and phone calls from FlashCat (Bad Media LLC). This section of our Terms is intended to comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related regulations, as well as other applicable laws regarding electronic communications:

• (a) Consent to Contact: By entering your phone number and email address and opting in, you consent to receive automated marketing SMS messages, emails, and telephone calls from us about our products, services, promotions, and updates. These communications may be sent via an automatic telephone dialing system, AI-driven automation, or other technology as permitted by law.
• (b) Opt-Out Rights: Message and call frequency will vary. You may receive messages or calls related to your orders, promotional offers, announcements, or other marketing content. You can opt out at any time. To stop receiving SMS messages, reply “STOP” to any message. To opt out of calls, follow any provided opt-out instructions during the call. To unsubscribe from emails, click the “unsubscribe” link in the email. After you opt out, you might receive one final confirmation message/email/call to verify your opt-out. After that, you will not receive further marketing communications via that channel unless you opt back in.
• (c) Charges and Fees: Message and data rates may apply to SMS messages, and phone call minutes may be used according to your telephone plan. These charges are determined by your mobile phone provider and will be deducted from your prepaid balance or appear on your monthly bill. FlashCat is not responsible for any messaging, data, or call charges incurred by you.
• (d) Delivery Not Guaranteed: The frequency of SMS, email, or calls may vary based on your interactions and our marketing campaigns. We reserve the right to adjust how often we contact you to improve your experience or our strategy. We do not guarantee successful delivery of SMS messages, emails, or calls. Delivery depends on many factors (for example, your mobile provider’s network and systems). We are not liable for delays or failures in the receipt of communications, as delivery is outside of our control.
• (e) Accurate Information and Change of Number: You are responsible for providing us with accurate contact information. If you change or deactivate the phone number or email address you provided, you agree to promptly update us with your new contact information. Failure to do so could result in messages or calls being sent to someone else who acquires your old number or email. You agree to indemnify us for any claims or liabilities arising out of your failure to update your contact information (for example, if someone else claims we contacted them without consent because you did not tell us you changed numbers).
• (f) Privacy: We respect your privacy. We will use your phone number and email only in accordance with our Privacy Policy. (Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.)
• (g) TCPA Compliance: By opting in to receive SMS messages, emails, or calls, you acknowledge and agree to the terms outlined in this section, and you confirm that our practices are in compliance with the TCPA and other applicable laws. You also agree that you, as the recipient of these communications, will comply with any relevant laws (for example, you won’t use our communication system for any unlawful purpose).
• (h) Use of AI and Automation: Our SMS, email, and call outreach may utilize AI and automated technologies to personalize content and optimize the timing and relevance of our messages. These technologies help us tailor our communications to your interests and improve your overall experience with our brand.
• (i) Contact for Help: If you have any questions about our SMS/email/call marketing, or if you need assistance, please contact us at flashcatdigital@gmail.com. We’re here to help.

No Class Actions

• You agree that any claims or disputes you bring against FlashCat must be brought solely on an individual basis. You waive any right to pursue FlashCat as a plaintiff or class member in any purported class action, collective action, or representative proceeding.
• Unless we expressly agree otherwise in writing, no arbitrator or judge may consolidate or join the claims of more than one person or party, and may not otherwise preside over any form of a consolidated, representative, or class proceeding involving FlashCat and you.
• The arbitrator or court (as applicable) is limited to awarding relief only to the individual party before it. The arbitrator/judge cannot award relief that would affect other FlashCat users or clients. In other words, your case cannot result in relief for anyone other than you (and your direct affiliates, if applicable).

Transfer of Data

• In the event that FlashCat (or substantially all of its assets) is sold or transferred to another company, you agree that your personal data and information collected through our services may be transferred to the acquiring entity. FlashCat will make reasonable efforts to notify users of such a transfer (for example, by posting a notice or contacting you) and, if applicable, provide you the opportunity to opt out of our services before your data is transferred. After any such transfer, the acquiring entity will assume the rights and obligations regarding your data as set forth in these Terms.
• We may also share data about you with certain third parties or companies we are affiliated with, consistent with our Privacy Policy and applicable law (for example, sharing data with a parent or sister company, or with service providers who assist us in operating our business).

Indemnity and Waiver

• (a) By agreeing to these Terms of Service, you waive and release any and all claims, liabilities, demands, actions, or causes of action (existing now or arising in the future) against all past and present owners of the FlashCat assets, to the extent such claims relate to the use of our program or services and any related activities. This waiver includes claims related to any actions, omissions, or obligations by previous owners of the business assets, whether those occurred before or after the transfer of ownership to FlashCat.
• (b) You acknowledge that when FlashCat acquired certain assets or business operations, FlashCat (as the new owner) assumes responsibility only for the obligations tied to those assets going forward. No claims or disputes related to the conduct of the program’s previous owners shall be attributed to FlashCat. You agree that you will not hold FlashCat responsible for any actions or omissions of any prior owner of the business or assets. Furthermore, you agree to indemnify and hold harmless all past and present owners of the assets from any claims or liabilities arising from your use of the program or services.
• (c) The above waiver and indemnification are intended to provide a full and final resolution of any claims or disputes related to the program’s ownership prior to FlashCat. In plain terms, by using our services you agree that neither FlashCat nor any previous owners of this business can be held liable for issues that arose under previous ownership, and you’ll indemnify (protect) all such parties from any such claims.
• (d) You also agree to indemnify, defend, and hold harmless FlashCat, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, assignees, and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, or expenses (including reasonable attorneys’ fees) made by any third party arising out of or relating to:
  • Your breach of these Terms of Service or your use of the Service in a manner not expressly permitted by these Terms (this includes any use of the Service’s content, services, or products other than as authorized in these Terms).
  • Your use of any information or content obtained from the Service (for example, claims that you misused or misinterpreted information from our website).
  • Any dispute or issue between you and any third party (for instance, a dispute between you and a customer of yours, that involves our services or tools).
• (e) Additionally, you agree to indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the contact or account information you have provided. This includes, but is not limited to, any claim or liability under the Telephone Consumer Protection Act (47 U.S.C. §227 et seq.) or similar state and federal laws, arising from our attempting to contact you at the mobile telephone number (or email/address) you provided us if that information was changed without notice.

Dispute Resolution (Arbitration)

• (a) Agreement to Arbitrate: To the fullest extent permitted by law, you and FlashCat agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the services we provide (including disputes regarding breach, termination, enforcement, interpretation, or validity of the Terms, or the determination of the scope or applicability of this agreement to arbitrate), shall be resolved by binding arbitration. This agreement to arbitrate includes disputes brought against FlashCat’s employees, agents, or any third-party service providers acting on our behalf to transmit mobile messages or other services within the scope of these Terms. The arbitration will take place in Phoenix, Arizona, before a single arbitrator.
• (b)Arbitration Procedures and Terms: The parties agree to conduct the arbitration in accordance with the following procedures and rules:
  • Governing Rules: The arbitration shall be administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect, except as modified by these Terms.
  • Applicable Law: The arbitrator shall apply the substantive law of the Federal Judicial Circuit where FlashCat’s principal place of business is located (i.e., applicable federal law or Arizona state law, as appropriate), without regard to conflict of laws principles.
  • Arbitrator Selection: Within ten (10) calendar days after one party serves a demand for arbitration, both parties will attempt to jointly select an arbitrator who has at least five years of experience as an arbitrator and experience with the subject matter of the dispute. If we cannot agree on an arbitrator within those 10 days, either party may request that the AAA appoint an arbitrator, who must meet the same experience criteria.
  • Arbitrability and FAA: The arbitrator shall have the power to determine issues of arbitrability and to interpret and enforce the provisions of this arbitration agreement. The arbitration shall be governed by the U.S. Federal Arbitration Act (FAA), and the arbitrator shall apply the FAA to any issues relating to the scope or enforceability of this arbitration agreement.
  • Emergency Relief: The AAA’s rules governing Emergency Measures of Protection shall apply to the arbitration. This means that if a party needs immediate relief (like an injunction), the arbitrator can grant emergency relief under AAA rules, instead of going to court for a temporary injunction.
  • Final and Binding Decision: The arbitrator’s decision or award shall be final and binding on both parties. The parties agree that there will be no appeal from the arbitrator’s decision, except as allowed by Section 10 of the FAA (which provides very limited grounds for court review of an arbitration award).
  • Arbitration Fees: Each party will bear its own costs of arbitration, including its share of the arbitrator’s fees and the AAA’s administrative fees, unless the arbitrator decides to award one party a portion or all of those fees in the final decision. (The arbitrator has the authority to order one party to pay all or part of the arbitration fees as part of a well-reasoned decision if the law or these Terms allow it.)
  • Attorneys’ Fees: The arbitrator may award attorneys’ fees to the prevailing party only if a statute or contract specifically authorizes such an award. Otherwise, each party will bear its own attorneys’ fees.
  • No Punitive Damages: The arbitrator has no authority to award punitive or exemplary damages (i.e., damages intended to punish), and both you and FlashCat waive any right to recover punitive damages in any arbitration.
  • No Class Arbitration: You and FlashCat agree that all arbitrations shall be conducted on an individual basis only, and not on a class, collective, or consolidated basis. The arbitrator shall have no authority to hear an arbitration as a class or collective action, or to join or consolidate the claims of multiple individuals into one proceeding, except if all parties explicitly agree in writing to allow such a proceeding (which is highly unlikely).
  • Confidentiality: The arbitration (including its existence, any proceedings, briefs, documents, and the outcome) shall be confidential. Neither party nor the arbitrator may disclose information about the arbitration to any third party, except as may be required by law or to enforce or challenge the arbitration award in a court of law.
  • Severability of Arbitration Terms: If any part of this arbitration agreement is found to be invalid, unenforceable, or illegal in a given jurisdiction, that part shall be severed (removed) for that jurisdiction, and the rest of the arbitration agreement shall remain in effect. The invalidity of a provision in one jurisdiction does not invalidate that provision in any other jurisdiction.
  • Court and Jury Waiver: If for any reason a dispute proceeds in court rather than arbitration, both you and FlashCat waive any right to a jury trial. You also agree that such a court proceeding would be conducted solely on an individual, not a class-wide, basis (consistent with the “No Class Actions” section above).
  • Survival: This arbitration agreement survives the termination of your relationship with FlashCat. Even if you are no longer our customer or these Terms end, you and FlashCat are still bound to arbitrate any qualifying disputes that arise from or relate to your time using our services.

Intellectual Property Rights

• (a) The Services (including our website, courses, and any other platforms we offer) and all content and materials available through the Services are the property of FlashCat or our licensors and are protected by intellectual property laws. This includes, but is not limited to: online lectures, speeches, video lessons, presentation materials, programs, software, code, designs, text, layouts, arrangements, displays, illustrations, documents, graphics, audio and video clips, HTML/CSS/JS code, files, as well as the overall design, selection, and arrangement of such content (collectively, the “Content”). All such Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• (b)Permitted Use & Restrictions: We grant you a limited license to access and use the Services and Content for your personal or internal business use in accordance with these Terms. However, you must NOT:
  • Reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any of the Content or Services (unless explicitly allowed by these Terms). You also must not attempt to access or derive the source code of any software within the Services.
  • Extract or use any images, photographs, video or audio segments, or graphics from the Services separately from the accompanying text or context provided by us. (In other words, you can’t take our images or media and use them in isolation for your own purposes without permission.)
  • Remove, obscure, or alter any copyright notices, trademark legends, or other proprietary rights notices that are displayed on material from the Services. Any copies of the Content you are permitted to make must retain all such notices.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the Services or Content to any third party. You also cannot make the Services (or any content or feature of the Services) available on any networked environment where it could be used by multiple devices or people at the same time without our permission.
  • Circumvent or disable any copy protection, digital rights management, or security features of the Services. You must not attempt to hack, reverse-engineer, or otherwise undermine the security or integrity of the Services or Content.
• (c) No Commercial Use Without Consent: You must not access or use any part of the Services or Content for any commercial purpose not expressly permitted by FlashCat. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Services will stop immediately. In such case, you must, at our option, return or destroy any copies of the materials you have made. Please note that your use of the Services does not transfer any ownership rights to you. FlashCat and its licensors retain all right, title, and interest in and to the Services, Content, and associated intellectual property. All rights not expressly granted to you in these Terms are reserved by FlashCat (and its licensors). Using the Services in any way not expressly allowed by these Terms is a breach and may violate copyright, trademark, and other laws.
• (d) Trademarks: The FlashCat name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks owned by FlashCat (or its affiliates or licensors). You must not use any of these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners, and they may not be used without permission from those owners.
• (e) Reservation of Rights & Feedback: FlashCat and its affiliates/licensors reserve all rights in the Services and Content that are not expressly granted to you in these Terms. From time to time, we may include sample code, templates, or technical instructions within our Content – any such materials are provided “as is” for educational or illustrative purposes only, and remain subject to these Terms (including the warranty disclaimers and liability limitations herein). If you send or transmit any communications, feedback, suggestions, ideas, or other materials to us, whether by email, posting on our website, or otherwise, suggesting or recommending changes to the Services or Content (collectively, “Feedback”), you hereby grant FlashCat the right to use such Feedback freely and as we see fit, without any restriction or compensation to you. This means we can use, implement, disclose, or exploit any Feedback without any obligation to you.

Subscription Terms

• (a) Billing and Cancellation: By enrolling in one of our subscription-based offerings (e.g., courses, consulting programs, or ongoing digital marketing plans), you understand that your subscription will be billed automatically on a recurring basis (e.g., monthly) until you cancel. No refunds will be provided for subscription payments that have already been processed. If a payment is missed or declined, access to services may be paused until payment is made and your account is brought current. You may cancel your subscription at any time; however, cancellation will not retroactively refund any charges, and you will continue to have access to the service until the end of the current billing period. If you cancel your subscription before the end of a billing period, we will continue to fulfill the service (for example, continue working on your account) until the period concludes. FlashCat is not liable for any interruption of services or failure to perform work if you remove our access to your systems or due to circumstances beyond our control.
• (b) Copyright and Use of Materials: You may not copy or distribute any course materials, service deliverables, or digital marketing tools provided through your subscription. All such content is protected by copyright and remains FlashCat’s intellectual property (or that of our licensors). Unauthorized use, reproduction, or distribution of any materials we provide is strictly prohibited and may result in termination of your access, as well as legal action.
• (c) Personal, Non-Transferable License: Your subscription grants you a personal, non-transferable, non-exclusive license to access and use the course materials, private communities, digital marketing services, consulting sessions, and related offerings provided under your plan. You agree not to share your login credentials with any third party or otherwise provide any unauthorized person access to the subscription content or services. If we discover that you have shared content or access in violation of these Terms (for example, posting course videos publicly or allowing others to use your account), we may terminate your access immediately with no refund, and you may face further legal action for copyright infringement or breach of contract.
• (d) Additional Terms for Specific Services: Some services or programs included in your subscription may come with their own specific terms or requirements (for example, an additional agreement for one-on-one coaching or a usage guideline for a software tool). Any such additional terms will be provided to you at the time those services are initiated and are hereby incorporated by reference into this agreement. You agree to adhere to those specific terms just as you agree to these overall Terms of Service.
• (e) Changes to Subscription Terms: FlashCat reserves the right to modify the terms of its subscriptions (including pricing, inclusions, features, or these Subscription Terms themselves) at any time. Any changes will become effective immediately upon being updated in these Terms of Service and/or on our website. We will make an effort to notify subscribers of significant changes (for example, major price changes or scope changes) via email or through the service. Your continued use of the subscription after changes are posted constitutes your acceptance of those changes. If you do not agree with the changes, you must cancel your subscription before the next billing cycle.
• (f) Termination by FlashCat: We reserve the right to terminate your subscription and access to any course materials, online communities, digital marketing efforts, consulting programs, or related services at our sole discretion. If we terminate your subscription early (and you have not violated these Terms), we will refund any prepaid amounts for the remaining period on a prorated basis. If your access is terminated due to a breach of these Terms, you will not be entitled to any refund for payments already made, and you may be barred from re-enrolling in the future.

Third-Party Links

• (a) Certain content, products, and services available via our Service may include materials from third parties (for example, embedded videos, third-party widgets, or links to external websites).
• (b) Third-party links on this site may direct you to websites or services that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, or practices of any third-party websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
• (c) We are not liable for any harm or damages that occur as a result of your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. If you access a third-party site or service through a link on our site, you do so at your own risk. Please review the third-party’s own policies and terms before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party in question.

User Comments, Feedback, and Other Submissions

• (a) If, at our request, you send certain specific submissions (for example, contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials without a request from us (whether online, by email, by postal mail, or otherwise) (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us in any medium. We are and shall be under no obligation to:
  1. Maintain any comments in confidence. (We are not required to treat your unsolicited ideas or feedback as proprietary or confidential.)
  2. Pay compensation for any comments. (You will not be compensated if we use the feedback or ideas you provide.)
  3. Respond to any comments. (We are not obligated to reply or give feedback on any submission.)
• (b) We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. Users are solely responsible for the content they post or submit.
• (c) You agree that any comments or content you submit will not violate any rights of any third party. This includes copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful material, abusive or obscene material, or any malware or viruses that could affect the operation of the Service or any related website. You must not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information

Your submission of personal information through the store or Service is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our services, you consent to the handling of your information in accordance with our Privacy Policy.

Use of Data for Client Success Proof

• (a) By engaging our services, you grant FlashCat the right to use your business name, logo, and non-sensitive performance data as part of our client success stories or testimonials. Specifically, we may highlight percentage increases or improvements (for example, “a 50% increase in leads” or “doubled traffic in 3 months”) resulting from our work with you. We may also mention that we consulted with or provided services to your business (which could include using your logo) in our marketing materials, on our website, or in presentations to prospective clients. We will not disclose exact financial figures or any sensitive business details without your explicit permission.
• (b) Any specific financial metrics or sensitive data that we use in testimonials or case studies will be presented anonymously or in aggregate unless you give us explicit permission to use identifiable figures. We take care not to reveal confidential details about your business in our marketing content. For example, we might say “client doubled their monthly revenue” rather than stating the revenue amount.
• (c) If we showcase your business (e.g., using your logo or a description of your success) and you prefer that we do not do so, please notify us at admin@flashcat.io (our marketing/admin contact email). Upon receiving such a request, we will promptly remove or stop using your information in any future marketing materials. Our intention is to proudly share successes, but we respect your right to privacy and will honor any request to refrain from using your business as a public example.

Advertising Management Fees

• (a) FlashCat manages various paid advertising campaigns on platforms such as Google Ads, Facebook/Meta Ads, TikTok Ads, as well as other media like programmatic TV channels, print media, radio, and billboards. If we manage advertising campaigns for you, our management fee of 12% will apply to your total ad spend exceeding $4,000 per month across those platforms. If your total ad spend in a given month is below $4,000, no 12% management fee will be applied for that month. (In such cases, our compensation is effectively built into your plan fee.)
• (b) FlashCat will also manage other paid outreach efforts, such as influencer marketing campaigns, email software and list rentals, and guest post placements. A 12% management fee applies to spending on these services when the total spend on them exceeds $1,500 in a month. If the combined spend on these types of services is below $1,500 in a month, we do not charge the 12% management fee on those services for that period.
• (c) Our 12% management fee does not apply to payments for freelancers or outsourced hourly work, nor to software subscriptions beyond standard email marketing tools. In other words, if your project requires hiring a contractor or paying for specialized software (like a CRM system, design software, analytics tools, web hosting, etc.), those costs are outside the scope of the ad spend management fee. Those expenses will typically be handled separately as part of your plan or billed at cost, as they are operational costs rather than advertising spend.
• (d) Additionally, FlashCat’s ad management services do not cover the cost of general business tools or subscriptions that are not specific to advertising campaigns. For example, lead generation platform subscriptions, project management software, or other operational tools are not included in our 12% advertising fee and would be your responsibility if required for the project.
• (e) The 12% management fee on ad spend will be invoiced monthly, based on the actual advertising spend in the previous month. FlashCat reserves the right to auto-bill this fee at the end of each billing cycle using your payment method on file, unless we have agreed in writing to an alternate billing arrangement. We will provide a breakdown or summary of ad spend and the corresponding management fee for transparency.
• (f) It is important to pay advertising management fees on time. Failure to pay the management fees when due may result in a suspension of our services, including pausing your ad campaigns. Late payments may incur interest or late fees as described in our payment terms. Specifically, a late fee or interest of 7% per annum (accrued and calculated monthly) may be applied to any overdue amounts, or the maximum rate permitted by law – whichever is lower. We will notify you of any late payment issues and attempt to work out a resolution, but repeated failures to pay may result in termination of services.

Errors, Inaccuracies, and Omissions

• (a) Occasionally, there may be information on our site or in our Service materials that contains typographical errors, inaccuracies, or omissions. These could relate to product descriptions, pricing, promotions, offers, transit times, availability, or other content. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted an order).
• (b) We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or “refresh” date applied in the Service (or on any related site) should be taken to indicate that all information on the Service or related site has been modified or updated. In other words, if you see that some content hasn’t changed recently, it doesn’t mean it is up to date – it might simply not have been updated yet. Always double-check important details independently.

Marketing Language and FDA Compliance

• (a) Responsibility for Compliance: If you operate in a regulated industry (for example, pharmaceuticals, medical devices, healthcare, nutrition, etc.), it is your responsibility to ensure that all marketing content we create or distribute on your behalf complies with all relevant regulations, including guidelines set forth by the U.S. Food and Drug Administration (FDA) and any other applicable regulatory bodies. FlashCat will make a good faith effort to produce compliant content, but ultimately you must review and approve all content for regulatory compliance.
• (b) Review and Verification: You are responsible for reviewing and verifying that all marketing materials we produce (including advertisements, social media posts, website content, emails, and any promotional materials) meet the legal standards of your industry. This includes ensuring that any claims made are truthful, not misleading, and supported by evidence as required by law, and that any required disclaimers or warnings are appropriately included. You should have qualified personnel (or legal counsel) examine the content if you are in a regulated field.
• (c) Indemnity and Liability: You agree that FlashCat will not be held liable for any fines, penalties, or legal actions arising from non-compliance with FDA regulations or other applicable laws in the content we produce for you. By using our services, you assume responsibility for the compliance of the content with all regulations applicable to your business. You agree to hold FlashCat harmless and indemnify us for any claims or damages that result from regulatory non-compliance, to the extent that such non-compliance was based on your failure to review or adjust the content we provided. (In summary, we’ll do our best to follow the rules you give us, but you need to double-check everything in highly regulated industries.)

HIPAA Compliance

• (a) Responsibility for Compliance: If you are a medical or healthcare-related company and our work for you involves protected health information (PHI) or any sensitive patient data, it is your responsibility to ensure that all services we provide are used in a manner that complies with the Health Insurance Portability and Accountability Act (HIPAA) and any other applicable privacy laws. We will strive to follow HIPAA guidelines and implement best practices for privacy and security, but you must review our work and ensure that it meets your compliance requirements. This includes making sure any software, platforms, or methods used in your project are HIPAA-compliant if they handle PHI.
• (b) Business Associate Agreement (BAA): If you are a covered entity under HIPAA (for example, a healthcare provider, health plan, etc.), you will likely need to sign a Business Associate Agreement (BAA) with FlashCat. A BAA is a contract that outlines how we will handle PHI on your behalf and ensure its protection. We are willing to sign a BAA, but please note that depending on the scope of our work, there may be an administrative fee associated with reviewing or executing a custom BAA. The BAA will formalize our responsibilities and yours when it comes to protecting patient data.
• (c) Software Upgrades and Compliance: Many times, maintaining HIPAA compliance requires using specific software versions or configurations (for example, using a higher tier of a service that offers HIPAA compliance, or enabling certain security features). If FlashCat is building or managing a platform for you that involves patient data, it is your responsibility to ensure that you are subscribed to the necessary software plans or have made the required upgrades to maintain compliance. For instance, if a particular CRM or email system requires a HIPAA-compliant tier, you must have that tier in place. FlashCat is not responsible for any compliance failures that result from your use of non-compliant software versions or from your decision not to obtain a recommended upgrade or plan.
• (d) Indemnity and Liability: You agree to hold FlashCat harmless and indemnify us for any HIPAA violations, data breaches, or legal consequences that arise from your failure to maintain compliance or to follow through on compliance-related recommendations. This includes, but is not limited to, not updating software, not adhering to recommended security policies, or not conducting necessary internal reviews. Ultimately, compliance with HIPAA and similar laws is your responsibility as the covered entity. By using our services, you acknowledge that FlashCat is assisting with marketing or technical services and is not acting as your legal compliance officer. We will sign a BAA and follow it, but we rely on you to manage your overall compliance program.

Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are strictly prohibited from using the site or its content for any of the following:

• Any unlawful purpose. You may not use our site or Service to engage in any activity that violates any law, statute, ordinance, or regulation.
• Soliciting others to perform or participate in unlawful acts. You may not use our Service to encourage or facilitate others to commit illegal acts.
• Violating any international, federal, provincial/state regulations or local ordinances. This includes (but is not limited to) export control laws, data sovereignty laws, etc.
• Infringing upon or violating intellectual property rights. You may not use our content or site to infringe on our intellectual property or the intellectual property rights of others.
• Harassing or harming others. You may not use our site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. Hate speech and personal attacks are strictly forbidden.
• Submitting false or misleading information. You must not provide information you know is incorrect or deceptive through our site (for example, in creating an account, making a purchase, or in any forms or communications).
• Uploading or transmitting viruses or malicious code. You must not upload, transmit, or distribute any virus, worm, malware, or any other destructive code that could affect the functionality or operation of the Service, any related website, other websites, or the Internet.
• Collecting or tracking personal information of others without consent. Scraping or harvesting others’ data (such as email addresses or personal details) from our site without authorization is prohibited.
• Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping. You cannot use our Service for any of these deceptive or unauthorized marketing/data-gathering purposes. (In short, no use of automated means to access the site for illegitimate reasons, and no email/text scams involving our name.)
• Any obscene or immoral purpose. Using our site to publish or disseminate obscene, pornographic, or morally objectionable content is not allowed.
• Interfering with or circumventing security features. You must not try to bypass or interfere with the security features of our Service, related websites, other websites, or the Internet in general. This includes probes, scans, or tests for vulnerabilities of our site or network, or breaching authentication measures without proper authorization.

We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses listed above (or any other provision of these Terms). Engaging in any of these prohibited activities may also expose you to legal liability, either from us or from governmental authorities or affected third parties.

Disclaimer of Warranties

• The Service and all products and content provided through the Service are offered on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied. FlashCat and its suppliers expressly disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that might arise from course of dealing or usage of trade.
• We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We make no warranty that the functions or content on our site will always be available or free of errors, or that defects in the Service will be corrected.
• We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Any information or recommendation provided through the Service is for general informational purposes, and we do not guarantee any specific outcomes based on that information.
• You understand that we cannot and do not guarantee that any files or content available for downloading from the internet or the Service will be free of viruses, malware, or other harmful components. You are responsible for implementing sufficient safeguards (like antivirus software and data backup routines) to satisfy your requirements for safety and accuracy of data input and output.
• No oral or written information or advice given by FlashCat or its authorized representatives shall create a warranty. You acknowledge that you have not relied on any warranty, representation, or guarantee other than those expressly stated in these Terms.
• You expressly agree that your use of (or inability to use) the Service is at your sole risk. You assume full responsibility for any risk of loss or damage that may arise from using the Service. This includes (to the maximum extent allowed by law) any damage to your computer system, loss of data, or other harm that results from accessing or using the Service.
• Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions may not apply to you. In such jurisdictions, warranties are disclaimed to the fullest extent permitted by law. Nothing in this section is intended to limit any non-waivable statutory warranties (including certain implied warranties) that apply under applicable law.

Limitation of Liability

• To the fullest extent permitted by applicable law, in no event shall FlashCat, its subsidiaries, affiliates, or their officers, directors, employees, agents, or suppliers be liable for any amount greater than the amount you paid to FlashCat for the applicable product or service in the six (6) months immediately preceding the event giving rise to the claim, or ten U.S. dollars ($10) – whichever amount is greater. This cap on liability applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
• This limitation of liability is cumulative and not per incident. This means that multiple claims or incidents will not increase the total amount recoverable from us – the cap remains the same.
• Certain state laws (or country laws) may not allow the limitation of liability in the manner described here. If you are in such a jurisdiction, some of these limitations may not apply to you, and you may have additional rights. In any case, our liability will be limited to the greatest extent permitted by law.
• To the fullest extent permitted by law, FlashCat and its subsidiaries, affiliates, and their officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service. This limitation applies even if we have been advised of the possibility of such damages.
• We shall not be liable for any alleged damages based on the amount or duration of your use of the Service or products – for example, we are not liable for “diminution in value” or “loss of use” type damages if the Service is unavailable or not performing to your expectations for a period of time.
• We shall not be liable for any loss or damage caused by: (i) your reliance on any information obtained through the Service; (ii) any interruption, error, or omission in the Service’s operation; or (iii) any viruses, malware, or other technologically harmful material that may infect your electronic equipment due to your use of our Service or any websites linked to it.
• Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
• Time limit on claims: Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. (This means if an issue comes up, you must pursue it promptly, or you waive the right to do so.)

Indemnification

You agree to indemnify, defend, and hold harmless FlashCat, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms of Service, the documents incorporated by reference, or your violation of any law or the rights of a third party. This means that if your actions (in using our Service or otherwise) lead to someone else suing us or making a claim against us, you will cover our costs and losses. We will notify you of any such claim and may require your assistance (at your expense) in defending it.

Severability

• (a) Basic Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed (removed) from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
• (b) Advanced Severability: If any provision (or part of a provision) of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions (or the remaining parts of that provision) shall remain in full force and effect. Furthermore, the invalid or unenforceable provision will (to the extent permitted by law) be deemed replaced by a valid, enforceable provision that comes closest to the intention of the original provision. In other words, we agree to reformulate any problematic clause in a way that maintains its original intent and economic effect, to the extent a court or arbitrator would allow.

Termination

• (a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. (Any fees owed, or any provisions which by their nature should survive – such as indemnities, arbitration agreements, etc. – will remain in effect after termination.)
• (b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
• (c) If in our judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice to you. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services (or any part thereof). Termination for cause will not limit our other rights and remedies available at law or in equity.

Entire Agreement

• (a) Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If we delay or omit to enforce a right, we can still enforce it later.
• (b) These Terms of Service, along with any policies or operating rules we post on this site or in respect to the Service, constitute the entire agreement and understanding between you and us, and they govern your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and us, including but not limited to any prior versions of the Terms of Service. In short, this document (and referenced documents like policies) is the definitive contract between us regarding your use of our website and services.
• (c) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. (This means if something is unclear, it won’t automatically be interpreted in our favor just because we wrote these Terms. Both parties will have an equal say in how ambiguous terms are interpreted, under standard legal principles.)

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States and the State of Arizona, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the services provided by FlashCat must be instituted exclusively in the federal or state courts located in Phoenix, Arizona. You waive any objection to the venue of such courts (meaning, you agree Phoenix, AZ is a convenient and appropriate location).

Changes to Terms of Service

• The most current version of these Terms of Service will always be available on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes.
• Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If we make significant changes, we may also notify you by email or by placing a prominent notice on our site, but it remains your duty to stay informed of the current Terms.

Contact Information

If you have any questions or concerns about these Terms of Service, you may contact us by email at admin@flashcat.com. For general inquiries or support, you can also reach out to admin@flashcat.com.

Mailing address or further contact information (if needed) can be provided upon request. We value your questions and feedback and will do our best to respond promptly.

Your Acceptance of These Terms

By using our Services (including this website and any products or services offered through it), you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. These Terms, along with our Privacy Policy and any additional terms referenced herein, form a binding agreement between you and FlashCat. If you do not agree with these Terms, you must not use our site or services.

Thank you for reading our Terms of Service. We appreciate your business and look forward to working with you under these guidelines and policies.