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Terms of Use

Last updated: August 19, 2022

Thank you for using or considering to use Flexbox Land. I built it to help you create beautiful layouts without frustration. To keep everything running smoothly, I have to put in place some Terms of Use.

When we say “Andy Jakubowski”, “we”, “our”, or “us” in this document, we are referring to Jędrzej Jakubowski.

When we say “Services”, we mean any product created and maintained by Jędrzej Jakubowski. That includes Flexbox Land, a paid guide accessed through a web browser at https://flexboxland.com.

When we say “You” or “your”, we are referring to all people interacting with Andy Jakubowski’s Services. This includes visitors and the people or organizations that own an account with one or more of our Services.

We may update these Terms of Use in the future. Typically it’s to clarify some of these terms. Whenever we make a significant change to our policies, we will refresh the date at the top of this page.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Use. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Use; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are and how we work, and keeping an open door to your feedback, at any time.

License

  1. Subject to your compliance with these Terms, Andy Jakubowski grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your personal, non-commercial use. For greater certainty, Josh W Comeau does not grant you or any other party any right, title or interest in the Websites and/or Services. We reserve all rights not expressly granted to you under these Terms.

Restrictions

Unless explicitly permitted by these Terms, you may not:

  1. Copy, sell, or otherwise redistribute the Services, or make paid Services available publicly.
  2. Modify, adapt, or hack the Services to falsely imply they are associated with Andy Jakubowski.
  3. Take any action that imposes an unreasonable or dispropiortionately large load on our infrastructure.

Account Terms

  1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend you set up two-factor authentication for added security whenever possible.
  2. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment and Refunds

  1. We are not responsible for any Invalid Payment Fees charged to you by your financial institution. When we say “Invalid Payment Fees”, we are referring to fees including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees.
  2. We will facilitate your payment of the applicable fees through a third-party payment processor. We reserve the right to change our third-party payment processor without notice to you.
  3. Bulk discounts may be available if your organization is wishing to purchase multiple licenses at once. If you’re in that situation, you can write us and request a bulk discount.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  5. If you’re not satisfied with any of the paid Services, you can request a refund within 30 days of your purchase. We may change this policy in the future, but we will honor the policy that was applicable at the time of your purchase.

Suspension and Termination

  1. All of your content will be permanently deleted from the Services immediately upon account termination. We cannot recover this information once it has been permanently deleted.
  2. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
  3. A suspension will last for as long as is needed for us to investigate the activity that resulted in the suspension.
  4. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the millions of potential or existing customers out there, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of our employees will result in immediate account termination.
  6. You can send us a request to terminate your Account at any time.

Modifications to the Service

  1. We make a promise to our customers to support our Services for as long as we possibly can. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services — but we do take their uptime seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that we may process your data as described in our Privacy Policy and for no other purpose.
  4. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  5. Under the California Consumer Privacy Act (“CCPA”), we are a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Use and Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use our Services in a way that violates the regulations.
  1. The Services we offer, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no licence or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the Services (“Feedback”), we are free to fully exploit such Feedback without obligation or compensation to you.
  2. All content other than the content uploaded by you is owned, controlled, and licensed by Andy Jakubowski. This includes, but is not limited to, text, illustrations, designs, symbols, code snippets, software, and data that are part of the Services.
  3. The way in which the content is put together—the selection, collection, arrangement, and assembly—is the exclusive property of Andy Jakubowski and is protected by European Union and international copyright laws.
  4. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
  5. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  6. The names, look, and feel of the Services are copyright© to Andy Jakubowski. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Andy Jakubowski. You must request permission to use Andy Jakubowski’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Use.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Andy Jakubowski.
  8. You must not modify another website so as to falsely imply that it is associated with the Services or Andy Jakubowski.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that Andy Jakubowski shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Andy Jakubowski has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Use or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our best to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and by caring about your and your personal development. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Use, please contact us.

Adapted from the Basecamp open-source policies / CC BY 4.0.