<br/>Terms of Service

Terms of service.

Welcome!

Welcome to the Terms of Service for your use of the Flip Group Limited

(“trygiddy.com”) Website and Giddy App (together, our “Platform”). We are thrilled you’ve

decided to use Flip to find new dates.

These Terms of Service explain the rules governing your relationship with us. We

understand the pain of reading legal mumbo jumbo and have tried to use as little

legalese as possible while drafting these Terms of Service. You are encouraged to read

the Terms of Service carefully as it is a binding contract between you and Flip. If you

have any questions or concerns about the Terms of Service, please write to us

at contact@trygiddy.com. By using our Platform, you agree to abide by and be bound by

the Terms of Service. If you don’t want to abide by the Terms of Service, then please don’t

use our Platform.

ARBITRATION NOTICE: You will read about an ARBITRATION CLAUSE a little later on. YOU AND FLIP AGREE THAT ANY DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND FLIP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO ADJUDICATION IN A COURT OF LAW FOR ANY PURPOSES OTHER THAN TO ENFORCE THE ARBITRATION CLAUSE OR ANY ARBITRATION DECISION.

1. Who can use the Platform

No one under 18 is allowed to create an account or use the Platform. Please

read all terms carefully. By using the Platform, you represent to us that:

o You can form a binding contract with Flip.

o You are not a person who is barred from receiving the Platform under the

laws of the United States or any other applicable jurisdiction—meaning

that you do not appear on the U.S. Treasury Department’s list of Specially

Designated Nationals or face any other similar prohibition.

o You will comply with the Terms of Service and all applicable local, state,

national, and international laws, rules, and regulations.

o You have never been convicted of a felony.

o You are not required to register as a sex offender with any state, federal

or local sex offender registry.

2. Rights We Grant You

Flip grants you a personal, worldwide, royalty-free, non-assignable,

nonexclusive, revocable, and non-sublicensable license to access and use the

Platform. This license is for the sole purpose of letting you use and enjoy the

Platform’s benefits in a way that the Terms of Service and our usage policies

allow. You may not copy, modify, distribute, sell, or lease any part of our Platform, nor

may you reverse engineer or attempt to extract the source code of that

software, unless you have our written permission to do so.

3. Content on the Platform

Types of Content: In addition to content created by users, you will also see on

the Platform content from Flip or third-party advertisers.

o Ownership of Content: Our Platform let you create, upload, post, send,

receive, and store content. When you do that, you retain whatever

ownership rights in that content you had to begin with. But you grant us

a worldwide royalty-free license to store that content.

o Responsibility of Content: Except for content placed by Flip, any

content you see on the Platform is the sole responsibility of the person

that submitted it. Although Flip reserves the right to review or remove

all content that appears on the Platform, we do not necessarily review all

of it. So we cannot — and do not — take responsibility for any content

that others provide through the Platform.

o Content Subject to Deletion: While we’re not required to do so, we may

access, review, screen, and delete your content at any time and for any

reason, including if we think your content violates the Terms of Service.

You alone, though, remain responsible for the content you create,

upload, post, send, or store through the Terms of Service.

o No Guarantee of Good Content: While we do not want the Platform put

to bad uses, we do not review all content and cannot guarantee that

content on the Platform will always conform to our Terms of Service or

user guidelines.

o Advertisement Notice: You may see advertisements on the Platform. In

consideration for access to and right to use the Platform, you agree that

we and our third-party partners may place advertising on the Platform.

Because the Platform contains content that you and other users provide

us, advertising may sometimes appear near your content.

4. Content and Behavior Not Allowed on Flip

Flip respects the rights of others and so should you. You therefore may not use

the Platform in a manner that:

o violates or infringes someone else’s rights of publicity, privacy,

o bullies, harasses, or intimidates;

o defames; or

o spams or solicits our users.

You must also respect Flip’s rights. The Terms of Service does not grant you

any right to:

o use branding, logos, designs, photographs, videos, or any other

materials used in our Platform;

o copy, archive, download, upload, distribute, syndicate, broadcast,

perform, display, make available, or otherwise use any portion of the

Platform or the content on the Platform except as set forth in the Terms

of Service; or

o use the Platform, any tools provided by the Platform, or any content on

the Platform for any commercial purposes without our consent.

In short: You may not do things on the Platform that the Terms of Service does

not allow you to do. Nor may you help anyone else in doing so.

5. Safety

We try hard to keep our Platform a safe place for all users. But we can’t

guarantee it. That’s where you come in. By using the Platform, you agree that:

o You will not use the Platform for any purpose that is illegal or prohibited

in the Terms of Service.

o You will not use any robot, spider, crawler, scraper, or other automated

means or interface to access the Platform or extract other user’s

information.

o You will not use or develop any third-party applications that interact

with the Platform or other users’ content or information without our

written consent.

o You will not use the Platform in a way that could interfere with, disrupt,

negatively affect, or inhibit other users from fully enjoying the Platform,

or that could damage, disable, overburden, or impair the functioning of

the Platform.

o You will not use or attempt to use another user’s account, username, or

password without their permission.

o You will not solicit login credentials from another user.

o You will not post content that contains pornography, graphic violence,

threats, hate speech, or incitements to violence.

o You will not upload viruses or other malicious code or otherwise

compromise the security of the Platform.

o You will not attempt to circumvent any content-filtering techniques we

employ, or attempt to access areas or features of the Platform that you

are not authorized to access.

o You will not probe, scan, or test the vulnerability of our Platform or any

system or network.

o You will not encourage or promote any activity that violates the Terms of

Service.

We also care about your safety while using our Platform. So we encourage you

to use the same caution in disclosing details about yourself to third parties,

online or offline, as you would under any other circumstances:

o Do not display any personal contact or banking information on your

individual profile page whether in relation to you or any other person (for

example, names, home addresses or postcodes, telephone numbers,

social security number, email addresses, URLs, credit/debit card or

other banking details).

o If you do choose to reveal any personal information about yourself to

other users, whether via email or otherwise, it is at your own risk.

Flip will never send you an email asking for your username and password

information. Any such request for information should be reported immediately.

6. Your Account

You are responsible for any activity that occurs in your Flip account. It’s

important that you keep your account secure. One way to do that is to select a

unique password that you don’t use for any other account.

By using the Platform, you agree that, in addition to exercising common sense:

o You will not create more than one account for yourself.

o You will not create another account if we have already disabled your

account, unless you have our written permission to do so.

o You will not buy, sell, rent, or lease access to your Flip account without

our written permission.

o You will not share your password.

o You will not log in or attempt to access the Platform through

unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please

immediately reach out to us at contact@trygiddy.com.

7. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our

Platform, including text-messaging and data charges. If you’re unsure what

those charges may be, you should ask your service provider before using the

Platform.

8. Modifying the Platform and Termination

We’re relentlessly improving our Platform and may add or remove features,

products, or functionalities, and we may also suspend or stop the Platform

altogether. We may take any of these actions at any time, and when we do, we

may not provide you with any notice beforehand.

o Your Right to Terminate: You'll have great fun on Flip, but if you feel the

need to leave, you can delete your account at any time by going to the

'Settings' page.

o Termination by Us: Flip may also terminate the provision of services to

you at any time, for any reason, and without advanced notice. That

means that we may stop providing you with any services, or impose new

or additional limits on your ability to use our Platform. For example, we

may deactivate your account due to prolonged inactivity, and we may

reclaim your username at any time for any reason.

o What Happens to Your Account After Termination: Please expect that

it may take a little while for content authored by you to be completely

removed from the Platform or the applicable mobile app. Additionally,

we will save your profile information in case you realize you miss us and

you decide to restore your account.

o Effect of Termination: Regardless of who terminates the Terms of

Service, both you and Flip continue to be bound by those sections of

these Terms of Service which by their context should be reasonably

expected to survive termination.

9. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold

harmless Flip, our affiliates, directors, officers, stockholders, employees,

licensors, and agents from and against any and all complaints, charges,

claims, damages, losses, costs, liabilities, and expenses (including attorneys’

fees) due to, arising out of, or relating in any way to: (a) your access to or use of

the Platform; (b) your content; and (c) your breach of the Terms of Service.

10. Disclaimers

Our mission is to keep the Platform up and running and free of annoyances.

But we make no promises that we will succeed.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT

PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NON-INFRINGEMENT. IN ADDITION, WHILE FLIP ATTEMPTS TO PROVIDE A GOOD

USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE

PLATFORM WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE PLATFORM

WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS;

OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR

THROUGH THE PLATFORM WILL BE TIMELY OR ACCURATE.

FLIP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT

THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS,

SENDS, RECEIVES, OR STORES ON OR THROUGH OUR PLATFORM. YOU

UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT

BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF

WHICH FLIP WILL BE RESPONSIBLE FOR.

11. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE

YOU AND FLIP TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH

BINDING INDIVIDUAL ARBITRATION.

o Applicability of Arbitration Terms of Service. You and Flip agree that all

claims and disputes (whether contract, tort, or otherwise), including all

statutory claims and disputes, arising out of or relating to the Terms of

Service or the use of the Platform that cannot be resolved in small

claims court will be resolved by binding arbitration on an individual

basis, except that you and Flip are not required to arbitrate any dispute

in which either party seeks equitable relief for the alleged unlawful use

of copyrights, trademarks, trade names, logos, trade secrets, or patents.

To be clear: The phrase “all claims and disputes” also includes claims

and disputes that arose between us before the effective date of the

o Arbitration Rules. The Federal Arbitration Act governs the interpretation

and enforcement of this dispute-resolution provision. Arbitration will be

initiated through the American Arbitration Association (“AAA”) and will

be governed by the AAA Consumer Arbitration Rules, available here as of

the date of the Terms of Service. If the AAA is not available to arbitrate,

the parties will select an alternative arbitral forum. The rules of the

arbitral forum will govern all aspects of this arbitration, except to the

extent those rules conflict with the Terms of Service. The arbitration will

be conducted by a single neutral arbitrator. Any claims or disputes

where the total amount sought is less than $10,000 USD may be

resolved through binding non-appearance-based arbitration, at the

option of the party seeking relief. For claims or disputes where the total

amount sought is $10,000 USD or more, the right to a hearing will be

determined by the arbitral forum’s rules.

o Location. Any arbitration held pursuant to this Terms of Service will be

administered in New York, New York.

o Additional Rules for Non-appearance Arbitration. If non-appearance

arbitration is elected, the arbitration will be conducted by telephone,

online, written submissions, or any combination of the three; the

specific manner will be chosen by the party initiating the arbitration.

The arbitration will not involve any personal appearance by the parties

or witnesses unless the parties mutually agree otherwise.

o Authority of the Arbitrator. The arbitrator will decide the rights and

liabilities, if any, of you and Flip. The dispute will not be consolidated

with any other matters or joined with any other cases or parties. The

arbitrator will have the authority to grant motions dispositive of all or

part of any claim or dispute. The arbitrator will have the authority to

award monetary damages and to grant any non-monetary remedy or

relief available to an individual under law, the arbitral forum’s rules, and

the Terms of Service. The arbitrator will issue a written award and

statement of decision describing the essential findings and

conclusions on which the award is based, including the calculation of

any damages awarded. The arbitrator has the same authority to award

relief on an individual basis that a judge in a court of law would have.

The award of the arbitrator is final and binding upon you and Flip.

o Waiver of Jury Trial. YOU AND FLIP WAIVE ANY CONSTITUTIONAL AND

STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A

JUDGE OR A JURY. You and Flip are instead electing to have claims and

disputes resolved by arbitration. Arbitration procedures are typically

more limited, more efficient, and less costly than rules applicable in

court and are subject to very limited review by a court. In any litigation

between you and Flip over whether to vacate or enforce an arbitration

award, YOU AND FLIP.DATING WAIVE ALL RIGHTS TO A JURY TRIAL, and

elect instead to have the dispute be resolved by a judge.

o Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES

WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE

ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS

BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE

ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF

ANY OTHER CUSTOMER OR USER.

o Opt-out. You may opt out of this arbitration agreement. If you do so,

neither you nor Flip can force the other to arbitrate. To opt out, you must

notify Flip in writing no later than 30 days after first becoming subject

to this arbitration agreement. Your notice must include your name and

address, your username and the email address you used to set up your

Flip account (if you have one), and an unequivocal statement that you

want to opt out of this arbitration agreement.

o Arbitration Terms of Service Survival. This arbitration agreement will

survive the termination of your relationship with Flip.

12. Limitation of Liability

When permitted by law, Flip and our directors, officers, stockholders,

employees, licensors, and agents, will not be liable for any indirect, incidental,

special, consequential, punitive, or multiple damages, or any loss of profits or

revenues, whether incurred directly or indirectly, or any loss of data, use,

goodwill, or other intangible losses, resulting from: (a) your use of the Platform

or inability to use the Platform; (b) your access to or inability to access the

Platform; (c) the conduct or content of other users or third parties on or

through the Platform; or (d) unauthorized access, use, or alteration of your

content, even if Flip has been advised of the possibility of such damages.

13. Exclusive Venue

To the extent that the Terms of Service allows you or Flip to initiate litigation in

a court, both you and Flip agree that all claims and disputes (whether contract,

tort, or otherwise), including statutory claims and disputes, arising out of or

relating to the Terms of Service or the use of the Platform will be litigated

exclusively in the State of New York.

14. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of New

York, other than its conflict-of-laws principles, govern the Terms of Service and

any claims and disputes (whether contract, tort, or otherwise) arising out of or

relating to the Terms of Service or its subject matter.

15. Severability

If any provision of the Terms of Service is found unenforceable, then that

provision will be severed from the Terms of Service and not affect the validity

and enforceability of any remaining provisions.

16. Respecting Copyright

Flip honors the requirements set forth in the Digital Millennium Copyright Act.

We therefore take reasonable steps to remove from our Platform any infringing

material that come to our awareness. If you believe that anything on the

Platform infringes a copyright that you own or control, please contact us at:

email: contact@trygiddy.com.

If you file a notice with our Copyright Agent, it must comply with the

requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

o contain the physical or electronic signature of a person authorized to

act on behalf of the copyright owner.

o identify the copyrighted work claimed to have been infringed.

o identify the material that is claimed to be infringing or to be the subject

of infringing activity and that is to be removed, or access to which is to

be disabled, and information reasonably sufficient to let us locate the

material.

o provide your contact information, including your address, telephone

number, and an email address.

o provide a personal statement that you have a good-faith belief that the

use of the material in the manner complained of is not authorized by

the copyright owner, its agent, or the law.

o provide a statement that the information in the notification is accurate

and, under penalty of perjury, that you are authorized to act on behalf of

the copyright owner.

17. We May Change this Terms of Service from Time to Time

We may make changes to this Terms of Service from time to time, for reasons

such as to reflect changes of the law, new features, or changes in business

practices. We may notify you via email or by posting the new Terms of Service

on our Platform, each time we make material changes to this Terms of Service.

However, you are encouraged to regularly check for the most recent version.

The most recent version is the version that applies. If you continue to use the

Platform after the changes become effective, then you will be deemed to have

accepted those changes. The date of the current version of the Terms of Service

is noted at the top of the Terms of Service.

We always love to hear from our users. If you volunteer feedback or

suggestions, no compensation is given for Information collected from users in

such a manner and the data can be used for internal research, analytics or

other features to improve the Platform and our products. Should you have any

comments, please email us at contact@trygiddy.com.