Terms of use

These Terms of Use (the “Agreement”) govern the relationship between you (“User,” “you,” or “your”) and Flynn Labs Inc. (“Flynn Labs,” “we,” or “our,” and together with “User,” the “Parties,” and each a “Party”), and apply to your use of the Services (as defined below).

Please read this Agreement and our Privacy Policy carefully before using the Services. By accessing the Flynn Labs platforms, currently located at meetflynn.ai, ads.meetflynn.ai, app.meetflynn.ai, and other pages and user interfaces provided by Flynn Labs (the “Platform”), or registering, enabling, or using any of the Services, you become a User and agree to be bound by this Agreement. If you do not agree to this Agreement, you must not use the Platform or the Services.

If you have entered into this Agreement on behalf of a company or other entity, you represent that you have been duly authorized with the authority to enter into this Agreement on behalf of that entity.

SECTION 14 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER. SECTION 9 CONTAINS WARRANTY DISCLAIMERS AND A LIMITATION OF OUR LIABILITY. BY USING THE PLATFORM OR THE SERVICES, YOU AGREE TO THESE PROVISIONS.

1. The Services; Changes to the Services

Flynn Labs operates a suite of tools for developers and businesses to automate and optimize the marketing and monetization of their platforms by enabling the placement of advertisements on digital properties (including mobile apps) using various technologies, including our Software and SDKs (collectively, the “Services”). Flynn Labs currently provides Services primarily to customers in the United States and China.

• Registration: You must provide us with accurate, complete, and up-to-date account information, including email addresses. You are solely responsible for all activities that occur under your account.
• Updates: We may from time-to-time update, improve, or modify the Platform or the Services (e.g., bug fixes, new software modules). We may also suspend, restrict, or stop the Services at any time.
• Changes to this Agreement: We may modify this Agreement. If we do, we will post the revised Agreement. By continuing to use the Platform after modifications, you agree to be bound by the revised Agreement.

2. Your Use of the Platform and the Services

Advertisers’ Use of the Platform

Advertisers, media buyers, or ad agencies (collectively, “Advertisers”) may provide content, including text links, videos, and graphics (“Advertisements”). If you use the Services as an Advertiser, you must comply with Flynn Labs' Demand Policies. You grant Flynn Labs a perpetual, irrevocable, sublicensable, worldwide, royalty-free license to use, adapt, and display Advertisements to provide the Services.

Publishers’ Use of the Platform

Developers and other businesses (“Publishers”) may list digital properties, including mobile applications (“Properties”), for the display of Advertisements. If you use the Services as a Publisher, you must comply with Flynn Labs' Publisher Policies. Publishers may not generate or authorize any invalid activity, invalid traffic, or fraudulent impressions. Flynn Labs determines what constitutes valid impressions, and payments may be withheld for suspected invalid activity.

Your Access to Our Software

You may have access to software development kits (SDKs for iOS, Android, and Flutter), APIs, documentation, and libraries made available by Flynn Labs (the “Software”). Your use of the Software is governed by this Agreement and provided solely for accessing the Platform.

3. Proprietary Rights & Restrictions

We and our licensors retain all legal right, title, and interest in and to the Platform, the Services, and the Software. You agree not to:

• Modify, decompile, reverse engineer, or extract source code from the Platform or Software.
• Copy, distribute, lease, or sublicense the Platform to any third party.
• Circumvent any software protection mechanisms.

4. Data Privacy and Data Sharing

To the extent that any Personal Data is shared hereunder, the processing shall be governed by our Data Processing Agreement (DPA). You represent and warrant that:

• You will comply with all applicable data protection laws (including US privacy laws and the PIPL in China, if applicable).
• You maintain a clearly labeled privacy policy detailing the use of SDKs and third-party data collection.
• You will obtain all necessary end-user consents required by law before sharing information with Flynn Labs.

5. Prohibition on Apps Targeted to "Children"

You may not provide Flynn Labs with data from children or use the Services in connection with an end user who qualifies as a “child” under applicable laws (such as COPPA in the U.S.). You are solely responsible for determining whether an end user qualifies as a child and ensuring your Properties comply with all age-related regulatory requirements.

6. Fees and Payments

A. Advertisers

Spend Limits & Invoicing: Advertisers are subject to daily spend limits or monthly invoicing. Flynn Labs will charge your designated payment method based on the numbers in Flynn Labs' online system. All amounts must be paid in U.S. Dollars.

Past Due Accounts: If an account becomes past due, Flynn Labs may suspend the account, offset amounts from Publisher earnings (if applicable), and refer the balance to collections.

B. Publishers

Payments: Flynn Labs will pay you monthly earnings for valid impressions filled by Flynn Labs, subject to a minimum payment threshold.

Invalid Activity: Flynn Labs will, in its sole discretion, determine what constitutes valid impressions. Invalid activity (e.g., bot traffic, click farms, incentivized clicks without approval) will result in withheld payments or account termination.

Net Revenue: Payments are calculated based on Net Revenue actually received by Flynn Labs from Advertisers, less taxes and fees.

C. Taxes

You are responsible for paying all direct or indirect local, state, federal, or foreign taxes, levies, or duties arising from your use of the Services.

7. Confidentiality

“Confidential Information” includes all Software, technology, pricing, and non-public business information of Flynn Labs. You agree not to disclose Confidential Information without our prior written consent, except as required by law.

8. DMCA and Trademark Policy

We respect intellectual property rights and respond to notices of alleged trademark or copyright infringement consistent with the US Digital Millennium Copyright Act (DMCA). Contact us at hello@meetflynn.ai for any claims.

9. Warranty Disclaimers and Limitation of Liability

WARRANTY DISCLAIMER: YOU ACCESS THE PLATFORM, SERVICES, AND SOFTWARE AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS" AND "AS AVAILABLE." FLYNN LABS EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY: TO THE FULL EXTENT PERMISSIBLE BY LAW, FLYNN LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR DATA). FLYNN LABS’ AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF (A) $10,000 USD OR (B) THE TOTAL AMOUNT PAID/PAYABLE TO OR BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You will indemnify, defend, and hold harmless Flynn Labs, its officers, directors, and employees against any claims, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services; (b) your breach of this Agreement; (c) your violation of third-party rights; or (d) your violation of applicable laws.

11. Termination

By Us: We may suspend or terminate your account or access to the Services at any time, for any reason, without notice.

By You: You may terminate this Agreement by ceasing all use of the Services and removing our Software/SDKs.

Effect: Upon termination, you must promptly remove all Software and pay any outstanding amounts. Sections regarding Confidentiality, IP, Liability, and Arbitration shall survive.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, United States, without reference to its choice of law rules.

13. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

• Informal Resolution: The Parties agree to attempt to resolve disputes informally for sixty (60) days by contacting hello@meetflynn.ai.
• Binding Arbitration: If unresolved, all disputes arising out of this Agreement shall be determined by binding arbitration administered by JAMS in Santa Clara County, California, under its Comprehensive Arbitration Rules & Procedures. The arbitration shall be conducted in English.
• Class Action Waiver: YOU AND FLYNN LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
• Exceptions: Claims regarding payment obligations, intellectual property infringement, or preliminary injunctive relief may be brought in the state or federal courts located in Santa Clara County, California.

14. Miscellaneous

• Entire Agreement: This Agreement, along with our Privacy Policy and relevant DPA, constitutes the entire agreement between you and Flynn Labs Inc.
• Severability: If any provision is found invalid, the remaining provisions will remain in effect.
• Assignment: You may not assign this Agreement without our written consent. We may freely assign it.
• Contact: For any questions regarding this Agreement, please contact us at hello@meetflynn.ai.