These Terms apply only to information we collect via the Application and in email, text or other electronic communications sent through or in connection with the Application.  These Terms DO NOT apply to information that:

• We collect offline or through any other websites or portals (unless such offline collection was initiated through or in related to your use of the Application);
• You provide to, or that is collected by, any third party; or that
• Originates from any other sources.

We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms at any time in order to conform them to our business practices.  All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. Your continued use of the Application thereafter constitutes your acceptance of such changes.

We reserve the right to withdraw or amend the Application, as well as any product, service or material we provide on or via the Application, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Application or any product, service or materials provided on or via the Application is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Application, the entire Application, or to users.

When using the Application, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current and complete. You are responsible for protecting the security of your account, and, other than authorized by you persons such as program administrators, family members or other caregivers, you must not disclose your account information to any other person or entity.

You agree to notify us immediately of any unauthorized access to or use of your login credentials or any other breach of security.  You should use particular caution when allowing others to use your Mobile Device so that others are not able to access the Application or view or record your login credentials or other personal information.  You should use the same degree of caution when accessing the Application through a public or shared device.  We are not responsible for the acts of third parties who may access the Application and your information through your Mobile Device or a public or shared device you used to access the Application. You should use all security features of your Mobile Device (e.g., password, locking, or encryption features) and completely log out of the Application after using a public or shared device to protect against unauthorized access and use of the Application and your information.

You are responsible for complying with these Terms at all times, and access to your account is subject to continued compliance with these Terms.  NFlyte may impose reasonable limits on your scope of access to the Application, including limits on time or number of materials accessed or devices used to access the Application, to prevent unauthorized third party access to or use of the Application.  Furthermore, we have the right to disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms.

You acknowledge that when you download, install, or use the Application, NFlyte may use automatic means to collect information about your mobile devices(s) owned or otherwise controlled by you (“Mobile Device”) and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to our collection, use and sharing of your information as described in the Privacy Policy.

Subject to these Terms and your compliance with the Terms, NFlyte is delighted to grant you a limited, personal, non-exclusive, non-transferable, terminable license to download, install, and use the Application for your personal, non-commercial use on your Mobile Device strictly in accordance with the Application’s documentation.

You may use the Application only for lawful purposes and in accordance with these Terms and the Privacy Policy.  You shall not use the Application:

1. in any way that violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal or sensitive information or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
4. To impersonate or attempt to impersonate NFlyte, an NFlyte employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm NFlyte or users of the Application or expose them to liability.

Additionally, you agree not to do any of the following:

1. copy the Application, except as expressly permitted by these Terms;
2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
5. view, copy, or procure content or information from the Application by automated means (such as scripts, bots, spiders, crawlers, or scrapers) or use other data mining technology or processes to frame, mask, extract data or other materials from the Application, unless formally authorized by NFlyte under a separate written agreement;
6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
8. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including its ability to engage in real time activities through the Application;
9. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
10. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application; or
11. attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

No right, title or interest in or to the Application or any content on the Application are transferred to you, and NFlyte reserves all rights not expressly.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any right, title, or other ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. NFlyte reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Unless otherwise explicitly specified by NFlyte, the Application and its entire contents, materials, features, and functionality, including but not limited past, present, and future versions, domain names, source and object code, software, logos, graphics, bibliographic information, icons, headers, stories, text, displays, photos, images, video and audio, and the design, selection and arrangement thereof and the “look and feel” of the Application (“Application Content”), are owned, controlled, or licensed by NFlyte, its licensors or other providers of such Application Content.  Application Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.  Any unauthorized use of Application Content is prohibited.  Any unauthorized use of the materials appearing in the Application may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in civil penalties.

Certain products, services or company designations for companies other than NFlyte may be mentioned or displayed on the Application for identification purposes only.  Third-party trademarks, trade names, logos, product or services names contained on the Application are the trademarks, registered or unregistered, of their respective owners.

NFlyte may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that NFlyte has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

1. the Application will automatically download and install all available Updates; or
2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of the Terms.

The Application offers features and services that are available to you via your Mobile Device.  These features and services may include, without limitation, the ability to upload content to the Application, access information provided via the Application, receive messages or notifications from the Application, download the application to your Mobile Device, or access features from the Application (collectively, the “Mobile Features”).  Standard messaging, data and other fees may be charged by your mobile carrier.  Carrier fees and charges may appear on your mobile bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or Mobile Device.  Contact your carrier with questions regarding these issues.

If you change or terminate your mobile account, you are responsible for promptly updating your NFlyte account information so that any messages or notices from NFlyte regarding the Application are sent to you and not to the person who is assigned your old number.

When you access and use the Application, you agree that:

1. the Application is made available to you via third parties, including Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store (collectively, the “Third-Party Outlets”);
2. this Agreement is between you and NFlyte only. Third-Party Outlets have no obligations to you or responsibility for the Application, including without limitation, any obligation to furnish any maintenance and support services for the Application.  NFlyte is responsible for addressing any claims of any user or any third party relating to the Application, including, but not limited to: (i) product liability claims; (ii) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
3. neither NFlyte nor the Third-Party Outlets will be liable for any third-party claim that the information you share via the Application or your use of the Application infringes, misappropriates, or otherwise violates such third party’s intellectual property rights; and
4. the Third-Party Outlets and their subsidiaries are third-party beneficiaries of this Agreement and that each Third-Party Outlet will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

You acknowledge and agree that we may contact you via electronic communication means, including email, telephone call, and SMS text messaging.  You may also opt in to receiving text message reminders from us.  We will not assess and charge for any calls or texts, but standard message and data charges or other charges from your wireless carrier may apply.  You may opt out of receiving text messages from us by replying “STOP.”

We will not ask for your personal information, account username and password, or any credit or debit card information via email or text message.  We will have no responsibility for any misuse of such information if you provide such information via email or text message.

Certain features of the Application may permit you to submit your own content or materials (collectively, “User Content”).  All User Content must comply with the User Content Standards set out in these Terms.

By submitting User Content to us, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Application. You waive any and all of your rights to any User Content you submit, post or display on or through the Application.

You represent and warrant that (a) the User Content is yours (you own it) or you have the right to use it and grant the license us the rights and license as provided in these Terms; (b) the submission of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (c) all of your User Content does and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not NFlyte, have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Application.

You agree that if the User Content you share include(s) personal data that such data will be subject to our Privacy Policy [HYPERLINK].

Any Content you submit must comply with all applicable laws and regulations and must not: 

1. Contain any material which is defamatory, violent, hateful, or promote sexually explicit or pornographic material, violence, or discrimination;
2. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
3. Impersonate any person, or misrepresent your identity or affiliation with any person or organization or otherwise be likely to deceive any person;
4. Promote any illegal activity, or advocate, promote or assist any unlawful act; or
5. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We have the right to (but not the obligation to):

1. Remove or refuse to post any User Content for any or no reason in our sole discretion;
2. Notwithstanding anything else to the contrary on the Application, disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy;
3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application; and/or
4. Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application.  YOU WAIVE AND HOLD HARMLESS NFLYTE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

If you believe that any User Content violate your copyright, please contact us at [email protected].

The information, material and content presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, materials and content. Any reliance you place on such information, materials and content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, materials and content by you or any other visitor to the Application, or by anyone who may be informed of any of their contents.

To the extent the Application may contain information, materials and content provided by a third party, including data, information, applications, and other products, services, materials, and or User Content, or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”).  All statements and/or opinions expressed in Third Party Materials, and all articles and responses to questions and other content, other than the content provided by NFlyte, are solely the opinions and the responsibility of the third party providing those materials. Third Party Materials do not necessarily reflect the opinion of NFlyte.

You acknowledge and agree that NFlyte is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. NFlyte does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

In no event will NFlyte be liable for any decision made or action taken in reliance upon the information provided through the Application.

The Application is governed by and operated in accordance with United States law and is intended solely for users use within the United States.  If you are located outside of the United States, you use the Application at your own risk.  Your information will be transferred to and processed in the United States.  By using the Application, you: (a) acknowledge that the data protection laws of other countries, including the United States, may provide a less comprehensive or protective standard of protection than those in your country, and (b) consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and applicable privacy laws.

1. The term of Agreement commences when you install the Application and will continue in effect until terminated by you or NFlyte as set forth in this Section 17.
2. You may terminate the Terms by deleting the Application and all copies thereof from your Mobile Device.
3. NFlyte may terminate the Terms at any time without notice. In addition, the Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of the Terms.
4. Upon termination:
5. all rights granted to you under the Terms will also terminate; and
6. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
7. Termination will not limit any of NFlyte’s rights or remedies at law or in equity.

The application is provided to you “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, nflyte, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, nflyte provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

To the fullest extent permitted by applicable law, in no event will nflyte or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content, any platform or application linked to it, or such other application or any services or items obtained through the application for direct, indirect, special, incidental, consequential or punitive damages, including but not limited to:

1. Death, personal injury, pain and suffering, or emotional distress;
2. Property damage;
3. Lost profits, lost revenue, cost of substitute goods or services, loss of goodwill; or
4. Loss of data, business interruption, computer failure or malfunction.

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or nflyte was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, california residents must, as a condition of the terms, waive the applicability of california civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the california civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

You agree to indemnify, defend, and hold harmless NFlyte and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the User Content you submit or make available through this Application.

If any provision of the Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Terms will continue in full force and effect.

Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against NFlyte, you agree to try to resolve the dispute informally by contacting [email protected].  We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) days of submission, you or NFlyte may bring a formal proceeding.

You and NFlyte agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of Charleston, South Carolina, subject to the mandatory arbitration provisions below. Both you and NFlyte consent to venue and personal jurisdiction in such courts. Although this Application is not intended for use outside the United States, if you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

If you’re a u.s. resident, you also agree to the following mandatory arbitration provisions:

1. We Both Agree To Arbitrate. You and NFlyte agree to resolve any claims relating to these Terms through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” Section (Section 24), including its enforceability, revocability, or validity.
2. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing [email protected] and stating your intention to opt-out within thirty (30) days of first using the Application. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
3. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
4. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. NFlyte will pay all arbitration fees for individual arbitration for claims less than $50,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. NFlyte will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
5. Exceptions to Agreement to Arbitrate. Either you or NFlyte may assert claims, if they qualify, in small claims court in Charleston, South Carolina or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Application, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Charleston, South Carolina to resolve your claim.
6. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” Section (Section 24) will be deemed void.

Any claim you may have arising out of or relating to these terms or the application must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.

These Terms constitutes the entire agreement between you and NFlyte with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.

The Application is operated by:

All notices regarding copyright should be sent as described in Section 14 above.  All other feedback, comments, requests for technical support, or other communications relating to this Application should be directed to [email protected].

The service is billed on a subscription basis, and you will be billed in advance on a recurring and periodic basis depending on the type of subscription plan you select when purchasing. Paid subscriptions cannot be terminated before the end of the period for which it is already paid. NFlyte will not refund fees that you have already paid. A missing payment allows NFlyte to deactivate an account.

If you do enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

Any promotions made available may be governed by rules that are separate from these terms.  If the rules for a promotion conflict with these terms, the promotion rules will apply.  At the end of the promotion period, we will begin billing the same payment method we otherwise have on file for your subscription at the current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion.

The subscription will start automatically following the end of the trial on a recurring basis and will continue without renewal notice until you cancel. You will be charged for the current subscription period according to your chosen subscription plan. It is your own responsibility to cancel your subscription.  You may cancel your subscription by contacting [email protected].

NFlyte reserves the right to change its pricing terms for subscriptions at any time.  NFlyte will make every effort to contact you in advance of such changes.  Pricing changes will not be retroactive and will only take place at a reasonable time after our best attempts to notify you.