Terms of Service

1. Agreement and acceptance

These Terms of Service (the “Terms”) are a binding agreement between you and Flagged (“Flagged,” “we,” “us,” or “our”) and also serve as the end-user license agreement (“EULA”) for the Flagged mobile application. They govern your use of our website at getflagged.fyi and the Flagged app (together, the “Services”). By creating an account, downloading, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

The Services are provided by Flagged.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that you are not barred from using them under the laws of your jurisdiction or any U.S., UK, or EU export/sanctions rules.

3. Your account

The app requires an account. You agree to provide accurate information, keep your credentials secure, and be responsible for activity under your account. Tell us promptly at hello@getflagged.fyi if you suspect unauthorized use. You can delete your account at any time from within the app (Settings → Account → Delete Account) or by emailing us.

4. What Flagged is — and what it is not

5. Your content and acceptable use

“Your Content” means the screenshots, images, and text you submit. You keep ownership of Your Content. You grant Flagged a limited, worldwide, royalty-free license to host, transmit, and process Your Content solely to operate the Services and deliver the analysis you request (including transmitting it to our third-party AI provider, as described in the Privacy Policy). We do not claim ownership of Your Content and do not use it for advertising.

You represent and agree that:

• You have the right to submit Your Content and to have it analyzed, and doing so does not violate the law or anyone’s rights.
• You are responsible for complying with laws on recording, screenshotting, and sharing communications, which differ by location (including “two-party consent” and wiretapping rules). Obtain any consent the law requires.
• You will not use the Services to harass, stalk, surveil, defame, or harm anyone; to violate privacy or intellectual-property rights; to upload unlawful content; or for any unlawful, abusive, or fraudulent purpose.
• You will not attempt to reverse-engineer, scrape, overload, disrupt, or circumvent security or usage limits of the Services, or use them to build a competing product.

We may remove content or suspend accounts that we reasonably believe violate these Terms or the law.

6. Subscriptions, billing, and auto-renewal

Some features require a paid auto-renewing subscription, sold and processed through Apple’s App Store and your Apple Account. The price, billing period, and any free-trial or introductory terms are shown at the point of purchase.

• Auto-renewal: your subscription automatically renews for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• Billing: payment is charged to your Apple Account at confirmation of purchase and at each renewal. If a free trial is offered, any unused portion is forfeited when you purchase a subscription, where applicable.
• Manage or cancel: you manage and cancel subscriptions in your device’s App Store / Apple Account settings — not by deleting the app. Cancellation takes effect at the end of the current billing period.
• Price changes: we may change subscription prices; changes apply to future periods and, where required, only after notice and any consent the App Store rules require.
• Refunds: purchases are handled by Apple, and refunds are subject to Apple’s policies. Requests are generally made through Apple. Nothing here limits non-waivable refund or cancellation rights you have under local law.

7. EU/UK consumers — right of withdrawal

If you are a consumer in the EU or UK, you generally have a 14-day right to withdraw from a purchase of digital services. By starting to use a paid digital feature immediately, you request that we begin performance during the withdrawal period and acknowledge that you lose the right to withdraw once the service has been fully performed. This does not affect your statutory rights if the Service is faulty or not as described. Refunds for App Store purchases are processed through Apple.

8. Apple App Store terms

These terms apply to the app obtained through Apple’s App Store and form part of the EULA between you and Flagged:

• This EULA is between you and Flagged only, not Apple. Flagged — not Apple — is solely responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• Your license is a non-transferable license to use the app on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, costs, or expenses attributable to a failure to conform are Flagged’s responsibility.
• Flagged, not Apple, is responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, and consumer-protection claims, and any third-party claim that the app or your use of it infringes intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
• You must comply with applicable third-party agreements (for example, your wireless data plan) when using the app.

9. Intellectual property

The Services, including software, design, text, and the Flagged name and logos, are owned by Flagged or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. All rights not expressly granted are reserved.

10. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services or any analysis will be accurate, reliable, uninterrupted, secure, or error-free.

Some jurisdictions do not allow the exclusion of certain warranties or statutory consumer guarantees (including in the UK, EU, and certain U.S. states); to that extent, the above exclusions may not apply to you, and you may have additional rights that these Terms do not limit.

11. Limitation of liability

To the maximum extent permitted by law, Flagged and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or for harm arising from your reliance on any analysis or from interactions with any third party. Our total liability for all claims relating to the Services will not exceed the greater of the amount you paid us for the Services in the 12 months before the claim or USD $50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for death or personal injury caused by negligence, for fraud, or for any non-waivable consumer rights.

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold Flagged harmless from claims, losses, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Services, or your violation of these Terms or the law. This does not apply to the extent a claim results from our own breach or wrongdoing, or where local law does not allow it.

13. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or the law, or to protect the Services or other users. Sections that by their nature should survive termination (for example, content licenses you have granted, disclaimers, limitation of liability, and dispute terms) will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws rules, and you and Flagged agree to the exclusive jurisdiction of the state and federal courts of California for disputes that are not subject to arbitration. If you are a consumer outside the United States, this choice of law and forum does not deprive you of the protection of the mandatory consumer-protection laws of your country of residence, and you may be entitled to bring proceedings in your local courts.

15. Changes to these Terms

We may update these Terms from time to time. We will update the “Last updated” date and, for material changes, provide additional notice (for example, in the app or by email). Changes are not retroactive, and your continued use of the Services after an update means you accept the revised Terms.

16. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and Flagged regarding the Services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms: hello@getflagged.fyi