Flinkwerk Marketplace Buyer Agreement
Effective date: February 2, 2022
Welcome to Flinkwerk Marketplace ("Marketplace")! We're happy you're here. Please read these Terms of Service ("Marketplace Terms") carefully before accessing or using Flinkwerk Marketplace. Flinkwerk Marketplace is a platform that allows you to select developer apps or actions (for free or for a charge) that can be used with your Flinkwerk.com account ("Developer Products"). Although offered by Flinkwerk, Inc. ("Flinkwerk", "we", "us"), Developer Products may be developed and maintained by either Flinkwerk or by third-party software providers. Your selection or use of Developer Products is subject to these Marketplace Terms and any applicable fees, and may require you to agree to additional terms as provided by the third party licensor of that Developer Product (the "Product Provider").
By using Marketplace, you are agreeing to be bound by these Marketplace Terms.
A. Flinkwerk.com's Terms of Service​
Marketplace is provided by Flinkwerk, and is governed by the Terms of Service ("Flinkwerk Terms"), as well as these Marketplace Terms. If you configure the Developer Products to work with one or more accounts on the Flinkwerk.com website, your use of the Developer Products will also be governed by your applicable Flinkwerk Terms. Any capitalized terms not defined in this document will be defined in your applicable Flinkwerk Terms.
You may not use a Developer Product to violate your applicable Flinkwerk Terms. Many of these Developer Products are used exclusively for performing automated tasks. In addition, multiple Users may direct the actions of a Developer Product. However, if you purchase and/or set up a Developer Product on your account, or you are an owner of an account with an integrated Developer Product, then you will be responsible for the Developer Product's actions that are performed on or through your account.
B. Use Requirements​
In order to use Marketplace, you must be 13 years of age or older (if you live in the United States; if you live in another country, you must comply with your country's minimum age laws), have a valid Flinkwerk account, and have agreed to your applicable Flinkwerk Terms and these Marketplace Terms.
If you are agreeing to these Marketplace Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity, its affiliates, and all users who access the Marketplace on its behalf to these Marketplace Terms. If you do not have authority, you must not accept these Marketplace Terms and you may not use the Marketplace services.
C. Developer Products and Product Providers​
If you install and/or purchase a Developer Product, then you are purchasing the Developer Products from Flinkwerk and you are required to make the related payments directly to Flinkwerk. However, you are receiving access to and the rights to use that Developer Product from a Product Provider, not from Flinkwerk (unless it's a Flinkwerk-owned Developer Product). The Product Provider is solely responsible for the Developer Product it provides, the content therein, and any claims that you or any other party may have relating to that Developer Product or your use of that Developer Product.
We are not a party to the agreement between you and the Product Provider with respect to that Developer Product. We are not responsible for that Developer Product, the content in it, or any claims that you or any other party may have relating to that Developer Product or your use of that Developer Product. However, we are a third party beneficiary of the agreement between you and the Product Provider for each Developer Product, and we will have the right (and will be deemed to have accepted the right) to enforce that agreement against you as a third party beneficiary.
D. Payment, Billing Schedule, and Cancellation​
All payments for Developer Products will go through Flinkwerk. The terms of your payment and fees will be governed by Section K. Payment, or the analogous section of your applicable Flinkwerk Terms. By using the Marketplace, you agree to pay Flinkwerk any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and Flinkwerk, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information.
Billing Schedule; No Refunds. Your payment schedule is determined by the payment schedule you chose when you created your Flinkwerk account (e.g. free, monthly, annual). For monthly or yearly payment plans, Marketplace purchases are billed in advance on a monthly or yearly basis respectively and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused; however, the service will remain active for the length of the paid billing period. If you would like to cancel the Developer Product services, you can do so by going into your Settings in the global navigation bar at the top of the screen.
If you would have a question, concern, or dispute regarding your billing, please contact info@flinkwerk.com.
E. Your Data and Flinkwerk's Privacy Policy​
Privacy. When you select or use a Developer Product, Flinkwerk may share certain Personal Information (as defined in the Flinkwerk Privacy Statement) with the Product Provider (if any such Personal Information is received from you) in order to provide you with the Developer Product, regardless of your privacy settings. Depending on the requirements of the Developer Product you choose, Flinkwerk may share as little as your user account name, ID, and primary email address or as much as access to the content in your repositories, including the ability to read and modify your private data. You will be able to view the scope of the permissions the Developer Product is requesting, and accept or deny them, when you grant it authorization via OAuth.
If you cease using the Developer Product and revoke access through your account settings, the Product Provider will no longer be able to access your account. The Product Provider is responsible for deleting your Personal Information from its systems within its defined window. Please contact the Product Provider to ensure that your account has been properly terminated.
Data Security and Privacy Disclaimer. When you select or use a Developer Product, the security of the Developer Product and the custodianship of your data, including your Personal Information (if any), is the responsibility of the Product Provider. You are responsible for understanding the security and privacy considerations of the selection or use of the Developer Product for your own security and privacy risk and compliance considerations.
F. Rights to Developer Products​
The rights granted to you to use any Developer Product are personal to you, and are not transferrable to any third parties, such as your end users. Any rights to provide or resell Developer Products to third parties must be granted directly by the Product Provider.
G. Updates to Developer Products​
From time to time, Flinkwerk.com may check with remote servers (hosted by Flinkwerk or by third parties) for available updates to Developer Products, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
H. Developer Product Blocking​
Flinkwerk may block a Developer Product from our servers, or disable its functionality, for legal or policy reasons. In the event that we must block or disable a Developer Product, we will work with the Product Provider to notify affected users.
I. Disclaimer; Limitation of Liability; Release and Indemnification​
Disclaimer. Your use of Marketplace and any Developer Products obtained through Marketplace is at your sole risk. Other than as expressly stated, Flinkwerk provides Marketplace and Developer Products “AS IS” and “AS AVAILABLE.” Flinkwerk does not make or imply any warranties or commitments about Marketplace and Developer Products, including but not limited to the specific functionality available through Marketplace and Developer Products, their reliability, availability, or ability to meet your need.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Marketplace (or any part of it) with or without notice.
Limitation of Liability. You understand and agree that Flinkwerk will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (i) your use or inability to use Marketplace or any Developer Products; (ii) any modification, price change, suspension or discontinuance of Marketplace or Developer Products; (iii) Marketplace generally or the software or systems that make Marketplace available; (iv) unauthorized access to or alterations of your transmissions or data; (v) statements or conduct of any third party, Product Provider, or Developer Product on Marketplace; (vi) any other user interactions that you input or receive through your use of Marketplace; or (vii) any other matter relating to Marketplace.
Release and Indemnification. If you have a dispute with one or more Product Providers, you agree to release Flinkwerk from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of Marketplace, including but not limited to your violation of these Marketplace Terms, provided that Flinkwerk (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Flinkwerk of all liability); and (3) provides to you all reasonable assistance, at your expense.
J. Miscellanea​
Governing Law. You agree that these Marketplace Terms and your use of the Developer Products are governed under California law and any dispute related to the Developer Products must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California.
Non-Assignability. Flinkwerk may assign or delegate these Marketplace Terms and/or the Flinkwerk's Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Marketplace Terms or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Severability, No Waiver, and Survival. If any part of these Marketplace Terms are held invalid or unenforceable, that portion of the Marketplace Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. The failure of Flinkwerk to exercise or enforce any right or provision of these Marketplace Terms shall not constitute a waiver of such right or provision. Our rights under these Marketplace Terms will survive any termination of these Marketplace Terms.
No Modifications; Complete Agreement. These Marketplace Terms may only be modified by a written amendment signed by an authorized representative of Flinkwerk, or by the posting by Flinkwerk of a revised version. These Marketplace Terms, together with Flinkwerk's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Marketplace Terms supersede any proposal or prior agreement oral or written, and any other communications between you and Flinkwerk relating to the subject matter of these terms.
Section Headings. Throughout these Marketplace Terms, each section includes titles of the following terms and conditions. These section titles are not legally binding.
License to Flinkwerk Policies. These Marketplace Terms are licensed under this Creative Commons Zero license.
Contact Us. Questions about the Marketplace Terms? Contact us at info@flinkwerk.com.