Terms and conditions

End-User License Agreement (EULA) and Privacy Policy
 (collectively - "the Agreement")

Last updated: 24 May 2021
Please read carefully this EULA and Privacy Policy ("Agreement") carefully before clicking the "I Agree" button, downloading and / or using “FLAP” ("the Application").
By clicking the "I Agree" button, downloading and / or using the Application, you are agreeing with, and agree to be bound by all, the terms and conditions of this Agreement.
If you (may be referred as “User” hereinafter) do not agree to all the terms of this Agreement, do not click on the "I Agree" button, and / or do not download or use the Application.
1.	Description of services
1.1.	Novum Information Technology (License no.950335) registered at Al-Hudaiba Awards Building Block A Dubai, United Arab Emirates (“Company”) provides software services accessed via mobile devices for the purpose of sharing, updating, storing, accessing and otherwise using your own contact information and the contact information of other people in your network through the Application (the “Services”), subject to the following Agreement. 
2.	License
2.1.	The Company grants you a non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
2.2.	When providing content via the Application, User grants the Company a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that content works better within the Applicable), communicate, publish, publicly display, publicly perform and distribute the content for the limited purposes of allowing the Company to provide, improve, promote and protect the Services.
3.	Use of the Application
3.1.	When opening User account, you agree to provide us with accurate, complete, and updated information for your business digital business card. 
3.2.	You may provide us with content, including without limitation information, data, text, logo, profile image, videos, email address, office address or other material (“Content”). When you submit the Content to the Application, you still own it. However, you give us permission to use it in the ways mentioned in this Agreement and allowed by the Governing Law.
3.3.	You are responsible for obtaining and maintaining any equipment and services needed to connect to, access or otherwise use the Service. You are responsible for ensuring that such equipment and services are compatible with the Service and complies with all the Company’s configurations and specifications.
3.4.	The Company is not liable for any injuries, damages, losses and/or cost suffered by users, incurred in any way in association with the Application, including, without limitation, any recommendation, guideline provided or acquired by or accessed / derived through and from the Application.
3.5.	Application is provided with no warranties. Any information that you obtain from use of the Application may not be suitable, accurate, complete or reliable. The Company and/or its licensor do not accept any responsibility for accuracy and / or completeness of information.
4.	Users’ responsibilities 
4.1.	You are solely responsible for the Content that you publish, post, upload, send or otherwise use (“Transmit”) via the Application. User must follow the Agreement and applicable law and, without prejudice to any other provisions hereof, shall not engage into submission, distribution or use of any information which may under any applicable laws be considered or recognised to be illegal, indecent or inappropriate. 
4.2.	User represents that User owns all rights to the Content or otherwise have (and will continue to have) all rights and permissions to legally Transmit the Content via the Application. 
4.3.	If the Company uses the Content, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. 
4.4.	Content on the Application may be protected by others' intellectual property or other rights, and you agree not to copy, upload, download or share content unless you have the right to do so. You are responsible for your conduct and the Content. 
4.5.	The Company may review the Content for compliance with the Agreement. The Company has the right to determine what may be considered unsuitable (illegal, indecent or inappropriate) material and to refuse to produce your digital business card, in such circumstances. The Company is not responsible for the Content. 
4.6.	The Services let you share the Content with others, including without limitation on social media and the open web. The Company is not responsible for what you share via the Services.
4.7.	Your digital business card may have their own visitors and users. User understands and agrees that User’s digital business cards and any persons making the use thereof are User’s responsibility, and User is solely responsible for compliance with any laws or regulations related to digital business cards and users. 
5.	Third Party Services & Sites
5.1.	The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We are not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof.

5.2.	The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for those sites.
5.3.	We have not reviewed and cannot review all the content made available via the Services. The Services may contain content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we do not represent or imply that we endorse content provided therein, or that we believe such content to be accurate, useful or non-harmful. We are not a publisher of, and we are not liable for, any content uploaded, posted, published or otherwise made available via the Services. You are responsible for taking precautions to protect yourself, and your computer or network, from content accessed via the Services.
6.	Restrictions
6.1.	You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, copy or otherwise commercially exploit the Application or make the Application available to any third party. You also agree not to, and you will not permit others to republish material, sell, rent, sub-license, reproduce, duplicate, copy or redistribute the content from the Application.
6.2.	You acknowledge and agree that all right, including title, and interest to, and all copyrights, patents, trade secrets and/or any other intellectual property rights in, the Application are and will remain solely the property of the Company and/or the Company’s licensors (or affiliates). You are granted no title or ownership rights in the Application. You acknowledge that the Company considers the Application to contain trade secrets of the Company and/or its licensors. Such trade secrets include, without limitation, the source code version of the Application, the specific design, structure and logic of individual programs, their interactions with other portions of programs, both internal and external, and the programming techniques employed therein.
7.	Modifications to Application
7.1.	The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice to you or to any other person.
8.	Privacy.
8.1.	The Company collects the personal data as may be required for creating the User’s account, the provision of services associated with the Application, as well as to communicate with the User about the Company’s services. The Company may share personal data only as provided for by the Governing Law and under this Agreement.
8.2.	If the Company privacy policy changes, the Company will post an updated version of the relevant regulations.
8.3.	The Company may collect personal data which the User voluntarily submits to the Company, which information may include:
(i)	User’s name, company name, phone number, address, email address and telephone number (for the purpose of registration of the User and availing the use of the personal account);
(ii)	Additional information about the User such as name, email address, phone number, the contents of the message and any other information you may choose to provide (for the provision of the Services);
(iii)	Other information that the User is asked to provide and the reasons why the User is asked to provide will be made clear to the User at the point the Company asks the User to provide information.
8.4.	The Company may share your personal data with third parties if you give us your consent to do so, including if we notify you on the Application that the personal data you provide will be shared in a particular manner and you provide such information.
8.5.	You share your personal data with other users and receive the personal data of those other users.  When you invite another user to connect with you, either via the interface of the Application, or by sharing a QR code, link or other personal identifier generated by the Application, your personal data will be provided to people who view or access such code, link or identifier.  You can control which information you share via the settings provided within the Application.
8.6.	The Company employs third party contractors to perform various functions on its behalf in connection with the Application. Such contactor services may include but are not limited to: customer information management; analysing data; developing, hosting and maintaining our software and databases. Those contractors are required to sign contracts in which they promise to protect personal data using procedures reasonably similar to the Company’s.  
8.7.	The Company may also disclose personal data as permitted by applicable law, including:
(i)	as required by law, such as to comply with a court order or any other legal process;
(ii)	when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and/or
(iii)	where we have otherwise obtained your consent.
8.8.	Under the aforementioned circumstances, your personal data may be transferred out of the UAE to third parties located in countries that have different levels of data protection laws. 
8.9.	The Company utilizes the applicable data security tools to protect User’s personal data. Unfortunately, even with these measures, we cannot guarantee the security of personal data. Bu using Application, you acknowledge and agree that we make no such guarantee, and that you use Application at your own risk.
8.10.	Application may contain links to other sites or applications. The Company does not control or monitor the privacy practices of those websites and applications. The Company shall not be responsible for the content and/or practices of any websites and applications.
8.11.	We keep your data for as long as you use the Application and for a period of one (1) year thereafter in line with our legal rights and obligations. 
8.12.	The User has the right to:
(i)	access your personal data;
(ii)	require corrections to inaccurate data;
(iii)	require deletion of your personal data;
(iv)	request the restriction of processing of your data;
(v)	object to the processing of your personal data;
(vi)	request the copying of your personal data;
(vii)	other rights set forth in the applicable law. 
Withdrawing your consent will not affect the lawfulness of any processing we carried out prior to your withdrawal, nor will it affect processing of your personal data carried out in reliance on other lawful grounds other than consent. If you want to exercise any of your rights, please contact info@novum.az .  We have one month to respond to your request. 
8.13.	Minors’ information
The Services are not directed to children under the age of 18. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
The Company does not knowingly collect any personal data from children under the age of 18. If you think that your child provided this kind of information on the Application, we strongly encourage you to contact us immediately at info@novum.az and we will do our best efforts to promptly remove such information from our records.
8.14.	The company during collection and processing of personal data ensures the lawfulness and safety of collection and processing of personal data, uses any personal data only in cases and as provided for, and protects personal data in accordance with the requirements of the applicable legislation.
9.	Disclaimer of Warranties and Limitation of Liability 

9.1.	Warranties. User waives any and all claims it may have against the Company arising out of the performance or non-performance of the services and/or products associated with the Application, except for the cases of willful misconduct or gross negligence. THE COMPANY IS PROVIDING, AND USER ACCEPTS, THE APPLICATION, SERVICES AND/OR PRODUCTS “AS-IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT DOWNLOAD OR USE OF THE APPLICATION SERVICES, PRODUCTS, AND/OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.
9.2.	Limitation of Liability. The Company shall not be responsible for and/or liable to User and/or any third party for any loss or damage caused by the services and/or products associated with the Application or by the Company’s performance under this Agreement, except for the cases of willful misconduct or gross negligence. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT. USER AGREES THAT THESE LIMITATIONS ON WARRANTY AND LIABILITY ARE REASONABLE AND THAT THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT USER’S EXPRESS AGREEMENT AS TO THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF THE COMPANY’S LIABILITY.
9.3.	Indemnity by User. USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ALL LOSSES, DAMAGES, LIABILITIES, DEBTS, DEMANDS, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, CHARGES AND EXPENSES, INCLUDING LEGAL FEES AND ANY AMOUNT PAID TO SETTLE ANY ACTION OR TO SATISFY A JUDGMENT, IN ANY WAY INCURRED BY OR MADE AGAINST THE COMPANY, WHICH RESULT FROM OR RELATE TO (A) ACCESS TO OR USE, BY USER OR PERMITTED BY USER, OF THE APPLICATION, SERVICE OR USER ACCOUNT, OR (B) ANY OF USER ACTS OR OMISSIONS, INCLUDING BREACH OR NON-PERFORMANCE OF THIS AGREEMENT AND ANY VIOLATION OF THIRD PARTY RIGHTS.
10.	Term and Termination
10.1.	This Agreement shall remain in effect until terminated by You or by the Company. 
10.2.	The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
10.3.	This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
10.4.	Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
11.	Severability
11.1.	If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
12.	Governing Law and Dispute resolution 
12.1.	Governing Law. This Agreement shall be governed by the laws of the United Arab Emirates. 
12.2.	Dispute Resolution. The Parties will use their best efforts to resolve any controversy or claim arising out of or relating to this Agreement through good faith negotiations. Any claim, whether based on contract or other legal theory, arising out of or relating to this Agreement, including its interpretation, performance, breach or termination, not resolved by good faith negotiations, shall be resolved by the relevant courts of United Arab Emirates
13.	Amendments to this Agreement
13.1.	The Company reserves the right, at its sole discretion, to modify, amend or replace this Agreement at any time. If a revision is material, we may provide at least 1 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.