TERMS OF SERVICE

Last Updated: 05/03/2024

ACCEPTANCE OF OUR LEGAL TERMS

Welcome to Find My Phone by Clap & Flash ("App","Company," "we," "us," "our").

We operate , as well as any other associated products and services linked to or referenced by these legal terms (collectively, the "Services").

You can reach us via email at findmyphone.support@gmail.com.

These Legal Terms establish a binding agreement between you, whether individually or on behalf of an entity ("you"), concerning your access to and utilization of the Services. By accessing the Services, you acknowledge that you have read, understood, and consent to adhere to all these Legal Terms. IF YOU DISAGREE WITH ANY PART OF THESE LEGAL TERMS, YOU MUST NOT USE THE SERVICES AND SHOULD CEASE USAGE IMMEDIATELY.

Additional terms and conditions or documents posted on the Services periodically are specifically incorporated into these Legal Terms. We reserve the right, at our sole discretion, to modify or alter these Legal Terms for any reason and at any time. Any changes will be communicated by updating the "Last Updated" date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed about any updates. Your continued use of the Services after any revised Legal Terms are posted signifies your acceptance of such changes.

We suggest you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided through the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use contravenes the law or regulations or requires our registration within that jurisdiction or country. Thus, individuals who access the Services from other locations do so at their own discretion and are solely responsible for compliance with local laws where applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the rightful owner or licensee of all intellectual property rights within our Services. This encompasses source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics found in the Services (referred to as the "Content"), along with trademarks, service marks, and logos (collectively known as the "Marks") present therein.

The Content and Marks are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws and treaties globally, including in the United States.

The Content and Marks are provided in or through the Services "AS IS" solely for your personal, non-commercial use or internal business purpose.

Your Use of Our Services

In accordance with compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services;

• Download or print a copy of any part of the Content to which you have rightfully accessed;

For the purpose of your personal, non-commercial use or internal business purpose.

Except as stated in this section or elsewhere in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for any commercial purpose without our explicit prior written consent.

If you desire to utilize the Services, Content, or Marks beyond what is outlined in this section or elsewhere in these Legal Terms, please submit your request to: [Contact Address]. If we grant permission for you to post, reproduce, or publicly display any segment of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that copyright or proprietary notices are displayed upon posting, reproduction, or display of our Content.

We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.

Any infringement of these Intellectual Property Rights will be considered a significant breach of our Legal Terms, and your right to utilize our Services will be immediately terminated.

Your Submissions

Before utilizing our Services, please carefully review this section and the "PROHIBITED ACTIVITIES" section to comprehend (a) the rights you extend to us and (b) the obligations you assume when posting or uploading any content via the Services.

Submissions: Upon directly transmitting us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You acknowledge that we shall own these Submissions and have the unrestricted right to use and disseminate them for any lawful purpose, commercial or otherwise, without any acknowledgment or compensation to you.

Responsibility for Your Submissions: By sending Submissions via any part of the Services, you:

• Confirm your agreement with our "PROHIBITED ACTIVITIES" and pledge not to post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceptive, or misleading;

• To the extent permitted by applicable law, waive any and all moral rights pertaining to any such Submission;

• Warrant that your Submissions are original or that you possess the requisite rights and licenses to submit such Submissions and have full authorization to grant us the aforementioned rights concerning your Submissions;

• Warrant and guarantee that your Submissions do not constitute confidential information.

You are exclusively accountable for your Submissions and explicitly agree to reimburse us for any and all losses that we may incur due to your violation of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By utilizing the Services, you warrant and affirm that:

• You possess the legal capacity and consent to abide by these Legal Terms;

• You are not a minor in the jurisdiction of your residence;

• You will not access the Services through automated or non-human methods, such as bots, scripts, or any other means;

• You will not utilize the Services for illegal or unauthorized purposes;

• Your usage of the Services will not contravene any applicable law or regulation.

Providing any untrue, inaccurate, outdated, or incomplete information authorizes us to suspend or terminate your account and decline any and all current or future usage of the Services (or any part thereof).

4. PROHIBITED ACTIVITIES

The Services may only be accessed or employed for the intended purposes we provide. The Services should not be employed for any commercial activities except for those explicitly endorsed or approved by us.

As a user of the Services, you are prohibited from:

• Systematically extracting data or content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written consent from us.

• Deceiving, defrauding, or misleading us or other users, including attempting to acquire sensitive account information such as user passwords.

• Bypassing, disabling, or otherwise interfering with security features of the Services, including those that restrict copying or use of any Content or enforce limitations on Service usage and/or Content use.

• Disparaging, tarnishing, or causing harm to us and/or the Services in our judgment.

• Using any information from the Services to harass, abuse, or harm another person.

• Engaging in improper use of our support services or submitting false reports of misconduct or abuse.

• Using the Services in a manner inconsistent with applicable laws or regulations.

• Engaging in unauthorized framing or linking to the Services.

• Uploading or transmitting (or attempting to do so) viruses, Trojan horses, or other harmful materials, including overuse of capital letters and spamming (continuously posting repetitive text), causing disruption to any party’s seamless use of the Services or modifying, impairing, disrupting, altering, or interfering with Service use, features, functions, operations, or maintenance.

• Engaging in automated system use, such as sending comments or messages via scripts, data mining, robots, or similar tools for data gathering and extraction.

• Removing copyright or proprietary rights notices from any Content.

• Attempting to impersonate another user or person or using the username of another user.

• Uploading or transmitting (or attempting to do so) any material that serves as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or similar devices (sometimes called "spyware" or "passive collection mechanisms" or "pcms").

• Interfering with, disrupting, or creating excessive burden on the Services, associated networks, or services.

• Harassing, intimidating, annoying, or threatening our employees or agents providing Services to you.

• Attempting to circumvent measures preventing or restricting Service access or using the Services for any revenue-generating purpose or commercial endeavor except as permitted by applicable law.

• Any other actions inconsistent with the intended use and purpose of the Services.

5. USER-GENERATED CONTRIBUTIONS

The Services do not support user submission or posting of content. However, we might offer you the opportunity to generate, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, which may include but is not limited to text, writings, videos, audios, photographs, graphics, comments, suggestions, personal information, or other materials (referred to as "Contributions"). These Contributions may be visible to other users of the Services and third-party websites. 

6. CONTRIBUTION LICENSE

Both you and the Services agree that we may access, store, process, and utilize the information, personal data, and preferences you provide.

When you submit suggestions or feedback about the Services, you concede that we can employ and distribute such feedback for any purpose without compensating you.

We do not claim ownership over your Contributions. You retain full ownership of your Contributions, along with any associated intellectual property rights. We shall not be liable for any statements or representations within your Contributions made by you in any area of the Services. You bear full responsibility for your Contributions on the Services and agree to release us from any liability and refrain from any legal action against us for your Contributions.

7. SERVICES MANAGEMENT

We hold the right, though not the obligation, to:

• Monitor the Services for violations of these Legal Terms.

• Initiate appropriate legal action against any individual who violates the law or these Legal Terms, which may include reporting the user to law enforcement.

• Refuse, limit access to, disable, or restrict availability of any of your Contributions or parts thereof at our discretion.

• In our discretion and without liability, notice, or limitation, remove or disable files and content that overly burden our systems in size or any other manner.

• Manage the Services to protect our rights, property, and ensure proper functioning.

8. TERM AND TERMINATION

These Legal Terms remain in full effect while using the Services. HOWEVER, WE RETAIN THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF REPRESENTATIONS, WARRANTIES, COVENANTS IN THESE LEGAL TERMS, OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU POST AT ANY TIME WITHOUT WARNING OR EXPLANATION AT OUR DISCRETION.

Should we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account using your name, a fake name, or the name of any third party, even if you act on behalf of the third party. Besides termination or suspension of your account, we may take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive remedies.

9. MODIFICATIONS AND INTERRUPTIONS

We hold the right to change, modify, or remove any content within the Services at our discretion and for any reason without notice.     However, we are not obligated to update any information on the Services. We bear no liability to you or any third party for modification, suspension, discontinuation, or price changes in the Services.

We cannot ensure the continuous availability of the Services. Hardware, software, or other issues, as well as maintenance related to the Services, may cause interruptions, delays, or errors. We hold the right to change, revise, update, suspend, discontinue, or modify the Services at any time or for any reason without prior notice to you. You understand and agree that we will not be held liable for any loss, damage, or inconvenience due to your inability to access or use the Services during downtime or discontinuation. The contents of these Legal Terms do not obligate us to maintain and support the Services or provide corrections, updates, or releases.

10. GOVERNING LAW

These Legal Terms are governed by and construed in accordance with the laws of Vietnam. Both Vietnam and you consent to the exclusive jurisdiction of the courts in Vietnam for the resolution of any dispute arising from these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations:

The Parties agree to engage in informal negotiations for at least fourteen (14) days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration:

Any Dispute arising from or related to these Legal Terms shall be referred to and finally resolved by arbitration under the VIAC (Vietnam International Arbitration Center) Rules. The number of arbitrators shall be three. The place of arbitration shall be Vietnam. The language of the arbitration shall be Vietnamese. The governing law of these Legal Terms shall be the substantive law of Vietnam.

Exclusions:

The following Disputes are not subject to the aforementioned informal negotiations and binding arbitration: (a) disputes related to or arising from intellectual property rights; (b) disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any provision is deemed illegal or unenforceable, it shall not affect the validity of the remaining provisions.

12. CORRECTIONS

There may be errors, inaccuracies, or omissions in the information on the Services. We retain the right to rectify any errors, inaccuracies, or omissions and modify or update Service information without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE SERVICES, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, OR OTHER LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.

14. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US OR [ALTERNATIVE AMOUNT OR ENTITY]. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising from your use of the Services, breach of these Legal Terms, or violation of any third-party rights.

16. USER DATA

While we perform regular data backups, you are solely responsible for any data you transmit or that relates to any activity you undertake using the Services. You agree that we are not liable for any loss or corruption of such data and waive any right of action against us regarding any such loss or corruption.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements for written communication. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES, OR OTHER LAWS IN ANY JURISDICTION THAT REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Legal Terms shall not be deemed a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is unlawful, void, or unenforceable, that provision or part shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. These Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the absence of physical signatures by the parties.

19. CONTACT US

To address complaints about the Services or to seek additional information regarding Service use, contact us at findmyphone.support@gmail.com.

These terms are effective from the "Last updated" date provided at the beginning of this document. By accessing or using the Services, you confirm that you have read, understood, and agreed to these Legal Terms. If you do not agree with these terms, you are prohibited from using the Services.