These TERMS OF SERVICE (these "Terms") govern your access to and use of FlipperLog, a web-based software-as-a-service (SaaS) platform ("FlipperLog", or "Platform") provided by 2743499 Alberta Inc., operating under the DBA Lotpoint ("Company", "we", "us", "our", or "Service Provider").
By accessing, browsing, or using FlipperLog, including all associated features, tools, and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Service and must discontinue access immediately.
1. COMPANY INFORMATION AND SERVICE DESCRIPTION
1.1. Legal Entity: 2743499 Alberta Inc. (DBA Lotpoint)
1.2. Service Name: FlipperLog
1.3. Product Type: FlipperLog is a web-based SaaS platform designed specifically for resellers and flippers to track inventory items, manage expenses, calculate profit margins, analyze days-in-inventory, and generate financial dashboards to understand true profitability.
1.4. Jurisdiction: These Terms are governed by the laws of the Province of Alberta, Canada, without regard to conflict of law principles. However, if you are a consumer resident in your jurisdiction, certain mandatory consumer protection laws may apply regardless of this governing law clause.
1.5. Support Contact: support@flipperlog.com
2. SUBSCRIPTION TERMS AND BILLING
2.1. Subscription Model
FlipperLog is offered exclusively as a monthly subscription service. By subscribing, you agree to the following terms:
2.1.1. Pricing - The monthly subscription fee is Nineteen USD ($19.00). All prices are exclusive of applicable taxes unless otherwise stated. You are responsible for all applicable taxes, including but not limited to sales tax, Value-Added Tax (VAT), Goods and Services Tax (GST), Harmonized Sales Tax (HST), and any other mandatory taxes applicable in your jurisdiction, unless you provide a valid tax exemption certificate.
2.1.2. Billing Currency: All billing is conducted exclusively in United States Dollars (USD). If you are accessing the Service from a jurisdiction with a different currency, you are responsible for any currency conversion fees, foreign exchange charges, or bank fees imposed by your financial institution. FlipperLog is not responsible for and does not assume liability for fees or charges related to currency conversion, foreign transaction fees, or any charges imposed by your payment service provider.
2.1.3. Free Trial - New users are eligible for a complimentary seven (7) day trial period. During the trial period, you have full access to all features of FlipperLog at no cost. A valid credit card or other accepted payment method is required to initiate the free trial. To continue using the Service after the trial period expires, you must provide valid payment information and affirmatively consent to being charged the monthly subscription fee on a recurring basis.
2.1.4. Automatic Renewal - Following the expiration of your free trial period, your subscription will automatically renew on a monthly basis on the anniversary date of your subscription start date each calendar month (the "Billing Cycle") unless you cancel your subscription prior to the end of your trial period or the end of any subsequent Billing Cycle. By proceeding with your subscription after the trial period, you authorize FlipperLog to charge your payment method for each subsequent Billing Cycle.
2.2. Cancellation Policy
2.2.1. You may cancel your subscription at any time by contacting support@flipperlog.com or by using the account cancellation feature available within the Service.
2.2.2. Cancellation requests must be submitted prior to the end of your current free trial period or billing period to avoid being charged for the subsequent Billing Cycle.
2.2.3. Once your cancellation request is processed, your subscription will terminate at the end of the current billing period, and you will retain full access to the Service until that date.
2.2.4. No refunds will be issued for partial months, unused portions of your subscription, or any fees already charged.
2.3. Refund Policy
2.3.1. No Automatic Refunds: Charges that are successfully processed and completed are final and not subject to automatic refund under any circumstances. This includes, but is not limited to, refunds for voluntary cancellation of your subscription, unused or partially used subscription periods, technical difficulties experienced during your subscription term, service interruptions, changes of mind regarding your purchase, or any other reason.
2.3.2. Case-by-Case Review: Notwithstanding the foregoing policy, if you believe you have extraordinary grounds for a refund, you may submit a written request to support@flipperlog.com describing your circumstances in detail. All refund requests will be reviewed on an individual, case-by-case basis at the sole and exclusive discretion of FlipperLog. FlipperLog makes no guarantee that any refund request will be approved. If a refund is approved, it will be processed and credited to your original payment method within thirty (30) calendar days of approval. The decision of FlipperLog regarding refund requests is final.
2.4. Payment Methods and Failed Payments
2.4.1. You authorize us to charge your designated payment method (including credit card, debit card, or other payment processor accepted by FlipperLog) for the subscription fee, any applicable taxes, and any other charges incurred through your use of the Service.
2.4.2. If your payment method fails, is declined, or cannot be processed, your subscription may be suspended or terminated without further notice.
2.4.3. You are responsible for maintaining current, accurate, and valid payment information in your account at all times. If payment cannot be processed, you may be required to update your payment method before you can continue to use the Service.
2.5. Pricing Changes
2.5.1. FlipperLog reserves the right to modify subscription pricing at any time. For price increases, we will provide you with at least thirty (30) days' advance written notice via email at the address associated with your account or through in-app notifications.
2.5.2. The price increase will take effect on the start date of your next Billing Cycle following the notice period.
2.5.3. If you do not agree to the new pricing, you may cancel your subscription prior to the price increase taking effect without penalty. Continued use of the Service after the effective date of a price increase constitutes your acceptance of the new pricing terms.
3. USER ACCOUNT AND RESPONSIBILITIES
3.1. Account Registration and Accuracy
By creating a FlipperLog account, you agree to:
3.1.1. Provide accurate, truthful, complete, and current information during the registration process and maintain the accuracy of this information at all times. FlipperLog relies on the accuracy of registration data to provide the Service correctly and to comply with applicable laws. You agree to promptly update your account information if any details change.
3.1.2. Maintain the strict confidentiality of your account login credentials, including your email address, password, and any other authentication information. You are solely responsible for all activity that occurs under your account, whether authorized by you or not.
3.1.3. Accept full responsibility for all activities, transactions, and actions conducted under your account, including any unauthorized access or use.
3.1.4. Notify support@flipperlog.com immediately of any suspected unauthorized access, security breach, or fraudulent activity involving your account.
3.2. Data Accuracy and Responsibility
FlipperLog is a data tracking and management platform that depends entirely on the accuracy of information you provide. You acknowledge and agree that:
3.2.1. You are solely and exclusively responsible for the accuracy, completeness, truthfulness, and legality of all data, information, inventory records, expense logs, financial calculations, and any other content you enter, store, or upload into the Service.
3.2.2. You have verified that all information you provide is correct, complete, and does not contain errors or misrepresentations.
3.2.3. You are responsible for ensuring that all information you provide through the Service does not infringe upon or violate any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
3.2.4. All data you enter is your sole responsibility, and FlipperLog does not verify, audit, or validate the accuracy of your data entries. Errors in data entry may result in inaccurate calculations, reports, or profit analysis.
3.3. Compliance with Applicable Laws
You agree to use the Service in full compliance with all applicable laws, regulations, statutes, ordinances, and industry standards in your jurisdiction and internationally. This includes, but is not limited to:
3.3.1. Reselling and Commerce Laws: If you use FlipperLog to track resale, reselling, or reseller activities, you are responsible for complying with all applicable laws governing the purchase, resale, taxation, licensing, and permitting of goods in your jurisdiction. This includes compliance with consumer protection laws, product safety regulations, and any required business licenses or permits.
3.3.2. Tax Compliance and Reporting: You are solely responsible for maintaining accurate tax records, filing all required tax returns, remitting all applicable taxes to relevant authorities, and complying with all tax laws in your jurisdiction. FlipperLog does not provide tax advice, assist with tax compliance, calculate tax obligations, or serve as a substitute for professional tax guidance. You are encouraged to consult with a qualified tax professional regarding your tax obligations.
3.3.3. Anti-Fraud and Illegal Activity: You agree not to use the Service for fraudulent, illegal, unethical, or prohibited purposes, including but not limited to money laundering, fraud, theft, dealing in prohibited goods or services, or facilitating illegal transactions.
3.3.4. Intellectual Property and Rights: You agree not to use the Service in any manner that infringes, violates, or infringes upon the intellectual property rights, privacy rights, publicity rights, moral rights, or other legal rights of any person, entity, or organization.
3.4. Prohibited Conduct
You agree not to use the Service in any manner that:
3.4.1. Violates any applicable law, regulation, statute, court order, or governmental directive.
3.4.2. Infringes upon, violates, or interferes with the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
3.4.3. Is defamatory, false, libelous, slanderous, offensive, obscene, abusive, threatening, harassing, or harmful to any person or entity.
3.4.4. Attempts to gain unauthorized access to the Service, its systems, databases, or any component thereof, or to bypass security measures or authentication protocols.
3.4.5. Introduces, uploads, or transmits viruses, worms, malware, ransomware, spyware, or other malicious code or harmful programs.
3.4.6. Interferes with, disrupts, or negatively impacts the normal operation, functionality, or stability of the Service or its infrastructure.
3.4.7. Harasses, bullies, discriminates against, intimidates, or threatens any other user or employee of FlipperLog.
3.4.8. Impersonates another person, entity, or organization, or misrepresents your identity, affiliation, or credentials.
3.4.9. Engages in phishing, spoofing, social engineering, or other deceptive practices.
3.4.10. Attempts to reverse engineer, decompile, disassemble, decrypt, or discover the source code, algorithms, business logic, or underlying proprietary technology of the Service.
3.4.11. Resells, sublicenses, redistributes, or makes the Service available to third parties without written authorization from FlipperLog.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Company Ownership of Service
4.1.1. FlipperLog, including all software code, databases, algorithms, user interface design, graphics, logos, trademarks, service marks, trade names, visual design elements, features, functionality, documentation, and all other content and materials comprising the Service, is the exclusive property of the Company.
4.1.2. All these materials are protected by international copyright laws, trademark laws, patent laws, and other intellectual property laws. The FlipperLog name, logo, and all associated marks are trademarks or registered trademarks of the Company and are used with authorization.
4.2. Limited License Grant
4.2.1. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use FlipperLog solely for your personal or legitimate business use in tracking inventory, expenses, and profit margins related to resale activities. This license is strictly personal to you and may not be assigned, delegated, transferred, or sublicensed to any third party under any circumstances.
4.3. Restrictions on Use of Service
You agree not to:
4.3.1. Reproduce, copy, distribute, transmit, modify, create derivative works of, or make any adaptation of FlipperLog or any component thereof.
4.3.2. Rent, lease, loan, sell, auction, or offer FlipperLog to any third party or provide it as a service to others.
4.3.3. Use FlipperLog to provide services to third parties, including reselling the Service, white-labeling it, or providing unauthorized access to the Service.
4.3.4. Reverse engineer, disassemble, decompile, decrypt, or attempt to derive the source code, algorithms, trade secrets, or underlying proprietary technology of the Service.
4.3.5. Remove, alter, obscure, or tamper with any copyright notice, trademark notice, proprietary mark, license key, or other proprietary notice displayed on or contained in FlipperLog.
4.3.6. Use FlipperLog in any manner that directly or indirectly competes with FlipperLog's business or facilitates the development of a competing service or product.
4.4. User Data Ownership and License
4.4.1. You retain full ownership of all data, information, inventory records, expense logs, and other content you provide to FlipperLog ("User Data"). However, by uploading, storing, or providing User Data to FlipperLog, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, copy, process, store, analyze, and display your User Data solely for the purposes of providing the Service to you and improving our offerings.
5. LIMITATION OF LIABILITY AND DISCLAIMERS
5.1. Service Provided "As-Is"
5.1.1. FlipperLog is provided to you on an "as-is" and "as-available" basis without any warranties, representations, or guarantees of any kind, whether expressed, implied, statutory, or otherwise.
5.2. Disclaimer of Warranties
5.2.1. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO:
a. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR OPERATE WITHOUT DEFECTS.
c. WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR TRUTHFULNESS OF ANY INFORMATION, DATA, CALCULATIONS, REPORTS, OR CONTENT PROVIDED THROUGH THE SERVICE.
d. WARRANTIES THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
e. WARRANTIES REGARDING THE QUALITY, VALUE, OR SUITABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE.
5.2.2. Some jurisdictions do not permit the disclaimer of implied warranties. To the fullest extent permitted by applicable law, the foregoing disclaimers apply to you. In jurisdictions that do not permit such disclaimers, implied warranties are limited in duration to the minimum period legally permissible.
5.3. Limitation of Liability
5.3.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIPPERLOG, 2743499 ALBERTA INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO:
a. LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS.
b. LOSS OF DATA, BACKUP INFORMATION, BUSINESS RECORDS, OR USER DATA.
c. LOSS OF USE, FUNCTIONALITY, OR ACCESS TO THE SERVICE.
d. COST OF REPLACEMENT SERVICES, GOODS, OR DATA.
e. INTERRUPTION OF SERVICE, BUSINESS ACTIVITIES, OR OPERATIONS.
f. DATA CORRUPTION, LOSS OF CONFIDENTIALITY, OR SECURITY BREACHES.
g. BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR REPUTATIONAL HARM.
h. ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES.
5.3.2. This limitation of liability applies regardless of the form of action or basis of the claim (whether arising in contract, tort, strict liability, negligence, or otherwise) and even if FlipperLog has been advised of the possibility of such damages.
5.4. Cap on Liability
5.4.1. Except for breaches involving confidentiality obligations, indemnification obligations, or as prohibited by law, the total aggregate liability of FlipperLog to you for any and all claims, demands, or causes of action arising from, related to, or connected with these Terms or the Service shall not exceed the total amount of subscription fees actually paid by you in the twelve (12) months immediately preceding the claim or One Hundred USD ($100), whichever is greater.
5.5. No Professional Advice
5.5.1. FlipperLog provides software tools for tracking inventory, expenses, and financial data. FlipperLog explicitly does not provide:
a. Accounting advice, tax advice, or auditing services.
b. Legal advice or legal services of any kind.
c. Financial planning, investment advice, or financial consulting services.
d. Business consulting, management advice, or business strategy services.
5.5.2. The information, data, calculations, and reports generated by FlipperLog are provided solely for your reference and informational purposes. You are solely responsible for verifying all calculations, consulting with appropriate licensed professionals (certified public accountants, tax advisors, attorneys, and financial advisors), and making informed business decisions based on your own independent analysis and professional consultation. FlipperLog does not replace professional advice.
6. INDEMNIFICATION
6.1. You agree to indemnify, defend, hold harmless, and assume all responsibility and liability for FlipperLog, the Company, its successors, assigns, directors, officers, employees, agents, and representatives from and against any and all third-party claims, demands, causes of action, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, court costs, and settlement amounts) arising from, related to, or connected with:
6.1.1. Your access to, use of, or misuse of the Service.
6.1.2. Your violation of any provision of these Terms or any applicable law, regulation, or statute.
6.1.3. Your infringement, violation, or infringement of any third-party intellectual property rights, privacy rights, publicity rights, or other legal rights.
6.1.4. Any User Data, information, content, or material you create, upload, transmit, or store through the Service.
6.1.5. Any fraudulent, illegal, unethical, or unauthorized activity conducted through your account.
7. INTERNATIONAL USE AND COMPLIANCE
7.1. Worldwide Availability with Restrictions
7.1.1. FlipperLog is offered to users worldwide. However, the Service is subject to export control laws of Canada and the United States, as applicable to international transactions. You acknowledge that FlipperLog may not be legally available in all countries or to all persons or entities due to comprehensive embargoes, sanctions regimes, export restrictions, or other legal limitations.
7.2. Jurisdictional Restrictions and Representations
By using FlipperLog, you represent and warrant that:
7.2.1. You are not located in, and do not have significant business operations in, any country subject to a comprehensive embargo or sanctions regime (including but not limited to Iran, Cuba, North Korea, Syria, and similar jurisdictions as determined by Canadian, U.S., or international authorities).
7.2.2. You are not listed on any government denied parties list, including the U.S. Department of Commerce Denied Parties List, the U.S. State Department's Specially Designated Nationals list, the Canadian denied parties list, or equivalent government lists.
7.2.3. You will not use the Service to facilitate the sale of prohibited goods or services, to engage in illegal activities, or to circumvent any trade restrictions or embargoes.
7.3. Jurisdiction-Specific Terms
7.3.1. For European Union, European Economic Area, Swiss, and United Kingdom Residents
If you are a resident of the EU, EEA, Switzerland, or the United Kingdom, your use of FlipperLog is subject to the General Data Protection Regulation (GDPR) (EU 2016/679), ePrivacy Directive, and all applicable local data protection laws. Your privacy rights and our data processing obligations are further detailed in our separate Privacy Policy. We process your personal data lawfully, transparently, and in compliance with GDPR principles.
7.3.2. For California Residents
If you are a California resident, your use of FlipperLog is subject to the California Consumer Privacy Act (CCPA) (California Civil Code §§ 1798.100 et seq.) and the California Privacy Rights Act (CPRA). Your privacy rights, including the right to know, delete, opt-out, and non-discrimination rights, are outlined in our separate Privacy Policy.
7.3.3. For Canadian Residents
If you are a Canadian resident, your use of FlipperLog is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) and all applicable provincial privacy legislation (including PIPA in Alberta and British Columbia). We comply with all privacy obligations under PIPEDA and provincial laws. Your privacy rights are detailed in our separate Privacy Policy.
7.3.4. For Residents of Other Jurisdictions
Users in other jurisdictions are solely responsible for ensuring that their use of FlipperLog complies with all applicable local, state, national, and international laws, regulations, and statutes, including taxation laws, data protection laws, consumer protection laws, and business conduct regulations.
8. TERM AND TERMINATION
8.1. Term of Service
8.1.1. These Terms of Service take effect immediately when you first access the Service and continue throughout your subscription period unless terminated earlier in accordance with these Terms.
8.2. Termination by User
8.2.1. You may terminate your subscription at any time by:
a. Contacting support@flipperlog.com with a written termination request, or
b. Using the account cancellation feature available within the Service.
8.2.2. Termination will become effective at the end of your current billing period. No refund will be issued for the partial or remaining subscription period. You will retain access to the Service until the end of the current billing cycle, at which time your access will be terminated.
8.3. Termination by FlipperLog
8.3.1. FlipperLog may suspend or terminate your access to the Service immediately, without prior notice, if:
a. You violate any material provision of these Terms.
b. You engage in illegal activity, fraud, or violate any applicable law or regulation.
c. You abuse the Service or our systems, including excessive resource usage, attempted system disruption, or security breaches.
d. Your account is used for fraudulent purposes, money laundering, or to facilitate illegal transactions.
e. You fail to pay subscription fees.
f. We are required to do so by law, court order, or governmental directive.
g. We discontinue the Service, your product tier, or FlipperLog entirely.
8.4. Effects of Termination
8.4.1. Upon termination of your subscription or access to the Service:
a. Your right to use the Service immediately ceases.
b. You must discontinue all use of the Service.
c. Your account and associated User Data will be retained for thirty (30) calendar days to allow for account recovery or data export, after which your data will be permanently and securely deleted.
8.4.2. Provisions that survive termination, including indemnification, liability limitations, intellectual property rights, governing law, and dispute resolution, shall continue indefinitely.
9. MODIFICATIONS TO SERVICE AND TERMS
9.1. Changes to the Service
9.1.1. FlipperLog reserves the right to modify, update, enhance, improve, or discontinue any feature, functionality, or component of the Service at any time, without prior notice. Such modifications may include changes to pricing, features, user interface, technical specifications, or service availability. Your continued use of the Service following any modification constitutes your acceptance of the changes.
9.2. Modifications to These Terms
9.2.1. FlipperLog may modify, update, amend, or revise these Terms at any time. Material changes to these Terms will be communicated to you via email at the address associated with your account or through prominent in-app notifications at least thirty (30) calendar days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.
9.2.2. If you do not agree with any modified Terms, your sole remedy is to cancel your subscription before the modifications take effect. You will not be charged for any billing cycle after the effective date if you cancel before the changes become effective.
10. DATA BACKUP AND DISASTER RECOVERY
10.1. User Responsibility for Backups
10.1.1. While FlipperLog implements reasonable security measures and maintains the integrity of data stored on our servers, you acknowledge that no service or system is immune to data loss, corruption, or destruction due to technical failures, server outages, accidents, natural disasters, cyber attacks, security breaches, or other unforeseen events. We strongly recommend that you maintain regular, independent backups of all important User Data and information outside the FlipperLog Platform.
10.2. Limitation on Data Recovery
10.2.1. FlipperLog is not responsible for recovering lost, deleted, corrupted, or damaged data except where such loss results directly and solely from FlipperLog's gross negligence or willful misconduct. FlipperLog maintains industry-standard disaster recovery and business continuity procedures, but we do not guarantee recovery of all data in all circumstances, and recovery may be incomplete or delayed.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. Governing Law
11.1.1. These Terms and any disputes, claims, or controversies arising from or relating to them shall be governed by and construed exclusively in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles or rules that would apply the laws of another jurisdiction.
11.1.2. However, you acknowledge that consumer protection laws, privacy laws, and other mandatory statutory protections in your jurisdiction may provide rights that cannot be waived by agreement, and such mandatory protections shall apply regardless of this governing law clause.
11.2. Informal Dispute Resolution
11.2.1. In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Service, you agree to first attempt informal resolution by contacting support@flipperlog.com and describing your dispute in reasonable detail. Both parties agree to work together in good faith to resolve the matter informally and amicably within thirty (30) calendar days.
11.3. Formal Dispute Resolution
11.3.1. If informal resolution is unsuccessful within thirty (30) days, either party may pursue formal legal proceedings in the courts of Alberta, Canada. By agreeing to these Terms, you consent to the exclusive jurisdiction and venue of the courts of Alberta, and you waive any objection to venue or claim of inconvenient forum.
11.3.2. Notwithstanding the foregoing, either party may seek injunctive, equitable, or other provisional relief in any court of competent jurisdiction to prevent irreparable harm.
12. GENERAL PROVISIONS
12.1. Severability
12.1.1. If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision shall be severed and reformed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by applicable law.
12.2. Entire Agreement
12.2.1. These Terms, together with our Privacy Policy and any other policies, terms, or guidelines referenced herein, constitute the entire agreement between you and FlipperLog regarding the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral.
12.3. No Waiver
12.3.1. The failure of FlipperLog to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of FlipperLog to be valid and binding.
12.4. Assignment
12.4.1. These Terms are personal to you and may not be assigned, transferred, delegated, or sublicensed to any third party without our prior written consent. Any attempted assignment without written consent is void. We may assign its rights and obligations under these Terms to any successor, affiliate, or assign without notice to you.
12.5. Notices
12.5.1. Any notices required under these Terms must be in writing. Notices to FlipperLog should be sent to support@flipperlog.com. Notices to you will be sent to the email address associated with your account. Notices are deemed received upon transmission if sent by email or five (5) business days after mailing if sent by physical mail.
12.6. Force Majeure
12.6.1. FlipperLog shall not be liable for any failure or delay in performance under these Terms caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, pandemics, epidemics, government actions, regulatory actions, infrastructure failures, or telecommunications failures. During such events, we will make commercially reasonable efforts to resume performance.
13. CONTACT US
13.1. For technical support, questions about these Terms, privacy inquiries, refund requests, complaints, or general customer service, please contact:
13.1.1. Email: support@flipperlog.com
13.1.2. Company: 2743499 Alberta Inc. (DBA Lotpoint)
13.1.3. Jurisdiction: Alberta, Canada
13.2. We will endeavor to respond to inquiries within forty-eight (48) business hours where practicable.
14. ACKNOWLEDGMENT
14.1. By clicking "I Agree" creating an account, accessing the Service, or using FlipperLog in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You further acknowledge that you have had the opportunity to consult with legal counsel regarding these Terms and that you accept all rights, obligations, and liabilities contained herein.
14.2. If you do not agree with these Terms, you must not access or use FlipperLog.