Terms of Use Shortz

TERMS AND CONDITIONS OF USE
Terms and Conditions of Use ("Terms") of Website/Mobile App ‘Shortz’ (“Website/App”).
Last updated: April 25, 2024
We, FMPROJECT LIMITED (ex Profitechnics Systems Limited), limited liability company with registration number HE 411991, existing under the laws of the Republic of Cyprus and whose registered office is situated at 38B Ampelakion, Potamos Germasogias, Limassol 4046, Cyprus (the “Company”), provide services (“Services”) and set forth in the Terms.
Using our Website/App, you, the end user, agree to the Terms and all other operating rules, policies and procedures that may be published from time to time by the Company. At our sole discretion, we reserve the right to change, modify, add/or remove portions of the Terms at any time. It is your responsibility to check the Terms for changes. If you do not agree to the Terms, you should not use our Website/App and, if applicable, you should arrange to cancel your user account(s) or subscription with us.
By using the Services, you agree that you are of the legal age of majority and are legally able to enter into a contract. If you are under the legal age of majority where you reside, then you shall not use the Website/App.
By registering an account with Website/App or using our Services in any other way, you accept and agree to the Terms. Therefore, it is crucial that you carefully read through these Terms. If you do not consent to these Terms, you should not register with Website/App.
1. Scope of Terms & Conditions
Unless explicitly stated otherwise, the Terms apply to your use of all Company's technologies related to the Website/App which are owned or operated by the Company. This scope includes our - Company’s - affiliates. For the purposes of these Terms, "Affiliates" is defined as any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with the Company and their respective subsidiaries and Affiliates.
2. General Terms & Conditions
Through the use of this Website/App, you agree to abide by and to be legally bound by the following terms and conditions as if you had signed this agreement. We reserve the right, if applicable, to terminate your password, user account, and/or access to this Website/App (or any part thereof).
If you fail to comply with these Terms at any time, at our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website/App, including, but not limited to:

restricting the time the Website/App is available;
restricting the amount of use permitted;
restricting or terminating any user's right to use the Website/App.

You agree that any termination or cancellation of your access to, or use of, the Website/App may be affected without prior notice. If you do not follow the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately delete or deactivate your user account and all related information and files in your user account and/or bar any further access to such information and/or files or our Website/App. Furthermore, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Website/App.
We may occasionally add conditions to these Terms, which may relate to specific content, events, or activities ("Additional Terms"). Additional Terms may be added to the Website/App to be studied in connection with specific content, features, activities, or events and shall be labeled as such.
3. Restrictions on Use of Materials
We provide you with a revocable, non-transferable, non-exclusive, limited right to access and display this Website/App and the material provided hereon for your personal, non-commercial use only; provided you comply fully with the provisions of the Terms.
You acknowledge that this Website/App contains information, software, photos, video, text, music, sounds, graphics, questions, messages, creative suggestions, feedback notes, drawings, articles, and other materials (collectively, "Content") that are protected by copyrights, patents, database rights, trade secrets, trademarks, and other proprietary rights, owned, created, purchased or licensed by us. These rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.
All copyrightable Content is copyrighted under the applicable copyright laws, including European Union and Cypriot copyright laws and (if applicable) similar laws in additional jurisdictions. We own a copyright in the coordination, selection arrangement, and enhancement of such Content.
All trademarks appearing on this Website/App are trademarks of their respective owners. Our commercial partners, advertisers, suppliers, sponsors, licensors, contractors, and other third parties may also have additional proprietary rights in the Content they make available on this Website/App.
You are prohibited from reproducing, modifying, publishing, distributing, transmitting, broadcasting, performing, participating in the transfer or sale, creating derivative works of, or in any way exploiting, any of the Content, in whole or in part.
You do not obtain any ownership interest in Content when such Content is downloaded to your computer, mobile, tablet, or any other device; modification of the Content or use of the Content for any other purpose, including using any Content in printed form or on any other Website/App or networked computer environment. The actions mentioned above are strictly forbidden unless you receive our prior written consent.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Website/App or vice versa.
4. Becoming a User
Becoming a user on our Website/App is free. You do not need to sign up as a user to use the application(s). You need to sign up as a user to use the website. Failure to register on application(s) may mean you are blocked from using certain products, resources, or features of our Website/App. You must follow the instructions to register successfully. You can find the list of instructions on our Website/App.
Should you choose to become a user on our Website/App, you agree to provide truthful and complete information about yourself ("User Data") and maintain, promptly update User Data and any other information you provide to us for accuracy maintenance.
You also consent to the usage of your User Data in accordance with our Privacy Policy. Without limiting any other provision of these Terms, if you provide any information that is knowingly untrue, incomplete, or inaccurate, or we have reasonable grounds to suspect such an action, we reserve the right to terminate or suspend your user account and refuse any current or future use of our Website/App (or any portion thereof).
You hereby agree not to transfer or assign or sublicense your user rights as a user of this Website/App. You additionally agree not to register for more than one account, create an account for another person or create a misleading or false identity to use on this Website/App. Finally, should your registration be revoked, you agree not to register or subscribe again with our Website/App using another username or through any other means. Should we have reason to suspect such an action, it is our sole discretion to terminate your account. We reserve the right to cease any new accounts you have registered without any notice to you or exercise any other remedies available to us under the Terms or by law.
5. Shortz Subscription
This section only applies when you purchase and/or subscribe to Shortz Premium or other paid products. By paying the subscription fee, you get access to Shortz Premium when your subscription is valid, subject to these Terms. The terms and conditions of Google Play Store or Apple App Store, from which you originally downloaded the App, will apply with respect to the said purchase and any payments will be processed through the relevant app store. You can access the applicable in-app purchases rules and policies directly from the relevant app store.

All subscriptions that give access to Shortz Premium shall be paid in advance.
You may terminate your subscription/membership at any time, in which case your subscription/membership will still be valid for the subscription time you have already paid for. If you made an in-app purchase via Apple's Store, Google Play Store, or any other such service provider, you could only cancel your subscription through the use of their services. You can find subscription fees in the mobile application. The Company reserves the right to change the subscription terms and fees from time to time.
We will charge your subscription to your App Store or Google Play Store account. At the end of the term, unless auto-renewables subscriptions are disabled, your subscription will automatically renew in your App Store or Google Play Store account. You understand and acknowledge that the Company only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider. You will be charged for the regular price of your subscription before the end of the current term. You can turn off automatic renewal in your App Store or Google Play Store account settings before the end of the current term. Refunds will not be provided for the unused portion of any term. Please note that deleting your Shortz account does not cancel any subscription you may have. All refund requests should be carried out directly with Apple or Google as they charge your account.
6. Privacy and Security
All personal data collected from you will be handled in accordance with our Privacy Policy as we are committed to protecting your privacy and security.
Our Privacy Policy, which you should review, is incorporated into these Terms by this reference.
7. Standards and Conduct Guidelines
You acknowledge that the sole responsibility of the content posted lies with the person who made such postings. This includes all content posted, e-mailed, or otherwise transmitted to or on this Website/App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"). In turn, this translates as you acknowledge being entirely responsible for all Postings that you post, e-mail, or otherwise transmit to the Website/App.
We do not guarantee the accuracy, quality, or integrity of such Postings as we do not control the postings e-mailed, posted, or otherwise transmitted to our Website/App. As such, you may be exposed to Postings that are offensive or objectionable.
However, we have adopted standards and conduct guidelines for our Website/App users (as described below). Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, transmitted or otherwise e-mailed to or through this Website/App.
You agree not to use this Website/App to:

E-mail, post or upload or otherwise transmit any Postings or material that are unlawful, harmful, abusive, threatening, tortuous, defamatory, obscene, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (at our sole discretion);
Solicit or otherwise attempt to gain any information from a minor, harm minors in any way;
Impersonate any person or entity, including, but not limited to, any user of this Website/App, a director, employee, officer, shareholder, representative or agent of the Company, or our Affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Company, our Affiliates or any other person or entity;
Manipulate identifiers to disguise the origin of any Postings or other materials transmitted to or through this Website/App such as forging headers;
Upload, post, transmit, or otherwise e-mail any Postings or other materials that you do not own, or that you do not have a right to upload, post, e-mail, or otherwise transmit under any law or contractual or fiduciary relationships (such as proprietary and confidential information insider information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Post, upload, transmit, or otherwise e-mail any Postings or other materials that infringe upon any trademark, copyright, patent, trade secret, right of privacy or publicity, or other proprietary rights of any party;
Upload, post, transmit, or otherwise e-mail any unsolicited or unauthorized promotional materials or advertisements, not limited to but including "spam," "junk mail," "chain letters," "Ponzi schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
Upload, post, transmit, or otherwise e-mail any Postings or other materials that contain any computer code including software viruses, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Act in a manner that negatively affects or otherwise lowers the quality of another user's experience of this Website/App;
Disobey any requirements, procedures, policies, or regulations of networks connected to the Website/App; Interfere with or disrupt this Website/App or networks or servers connected to this Website/App;
Violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law Intentionally or unintentionally;
"Stalk" or otherwise harass any user or employee of this Website/App;
Obtain, collect or post personal data or attempt to obtain, collect or post personal data about other users of the Website/App (including usernames or passwords) or any other third party;
Attempt to access or access another user's account without his/her consent.

The use of this Website/App is a privilege, not a right as such, and depends on you adhering to the conduct guidelines and standards outlined in the Terms.
Should violations be brought to our attention, we reserve the right to revoke your privileges to use a portion of this Website/App or the entirety of the Website/App and/or take any other appropriate measures to enforce these standards and conduct guidelines. Furthermore, if you fail to follow our standards and conduct guidelines, or these Terms, we may terminate, at our sole discretion, your use of or participation in the Website/App.
In case you see any content on this Website/App which might violate laws and regulations, you shall have the right to contact the Company with a link to such content.
8. Submissions
If upon our request or on your own, you send, e-mail, post, or otherwise transmit to us or this Website/App any content (collectively, the "Submissions"), you grant our successors and us and assigns a royalty-free, irrevocable, perpetual, non-exclusive right (including any moral rights or, depending on the laws of your jurisdiction, waive any moral rights) and license, including the right to sublicense, (as well as consent) to use, modify, reproduce adapt, publish, translate, create derivative works from, distribute, communicate to the public, display and perform any Submissions (in whole or in part and with or without the use of your name); worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or developed later, for the entire term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions; for any purpose: commercial, advertising or otherwise.
You also warrant that:

you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to provide, upload, post input, or submit the Submissions;
to the extent that you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above;
that each person depicted in any images, photos, and/or videos contained in your Submission (if any) has consented to the use of such photos, images, and/or videos under the above license.

You further acknowledge that we and/or our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial, or otherwise, without the need to compensate the provider of the Submissions in any way.
You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Website/App for personal use. Subject to the preceding, the owner of a Submission placed on this Website/App retains all and any rights that may exist in such Submission.
Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
9. Copyright

The Company is committed to respecting and protecting the legal rights of copyright owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to the Website/App, or all of the foregoing. As such the Company follows the notice and takedown policy described below.

In case you believe that any Content or Postings infringes your copyright or other intellectual property rights, you should inform us in writing of such copyright infringement by sending a notice at info@flingfm.com. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

The said notice must include the below information:

1. provide your physical or electronic signature;
2. identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;
3. identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located we can find it;
4. provide us with a way to contact you (such as address, telephone number, or email);
5. provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law; and
6. provide a statement that the information you provide in your notice is accurate, and that under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.
10. Children/Minors
This Website/App is not intended to be used by children/minors, and its Content is not directed at children/minors. This Website/App is intended for use by those who are of the legal age of majority or older only.
11. Links
The Terms are only applicable to this Website/App and not to any websites and/or apps of any other person/entity.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse (and are not responsible or liable for) any advertisements, content, products, or other materials on or available from such third-party websites, apps, and other resources; as we may provide, or third parties may provide, links to other external worldwide websites, apps, and other resources. If you decide to access any of the third-party sites linked to the Website/App, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
You also further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on, any content, advertisements, products or other resources available on any third-party websites, apps, and other resources (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). Should you have any concerns, you can direct them to our Website's/App's administrator or webmaster.
12. Password and User Account Security
As a user you are entirely responsible for the security and confidentiality of your password and account information.
In the event of any known or unauthorized security breach regarding the use of your account, any known breach of another user's account, or the unauthorized disclosure of other user's passwords, you agree to notify us immediately. The responsibility for all and any activities which take place under your user account lies with you. Therefore, you agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
13. Disclaimers of Warranties
Please, note the following important disclaimers of warranties:
The products, content, offerings, and materials on this Website/App are provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose, compatibility, security, completeness, usefulness or accuracy.
Neither Company, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Website/App or any function contained in this Website/App will be uninterrupted or error-free, that defects will be corrected, or that this Website/App or the servers that make this Website/App available are free of viruses or other harmful components.
Any content, product, offering, or material downloaded or otherwise obtained through the use of this Website/App is done at your own risk, and you will be solely responsible for any damage to your computer system/device or loss of data that results from the download of any such product, offering, content or material.
Neither Company, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content, and materials in this Website/App in terms of their correctness, accuracy, reliability, or otherwise.
Furthermore, please note that no information or advice obtained by you from our personnel or through this Website/App shall create any warranty not expressly provided for in these Terms.
These disclaimers apply to the fullest extent permitted by law.
14. Limitation of Liability

You expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:

(a) the use or the inability to use the Website/App;
(b) the use of any content or other material on the Website/App or any website/app or websites/apps linked to the Website/App;
(c) 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 this Website/App;
(d) unauthorised access to or alteration of your transmissions or data;
(e) statements or conduct of any third party on the Website/App; or;
(f) any other matter relating to the Website/App.

Save in respect of personal injury or death due to the negligence of the Company, in no event shall the total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Website/App.

If you are dissatisfied with any feature/content of the Website/App or with any of these terms & conditions, your sole and exclusive remedy is the discontinuation of your use of this Website/App.

These exclusions of liability apply to the fullest extent permitted by law.

15. Indemnification
You agree to indemnify, hold harmless, and, at our option, defend the Company and our Affiliates, and our and their officers, directors, employees, stockholders, agents, and representatives from any third party claims, damages, liability, and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of this Website/App or our offerings or products, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other rights of any person or entity.
16. Governing Law and Choice of Forum
Residents of the European Union, European Economic Area, Switzerland ("EU/EEA/CH").
If you reside in an EU/EEA/CH ("Member") country, these Terms shall be governed and construed under the laws of the Republic of Cyprus. You agree that any action at law or in equity arising out of or relating to your use of this Website/App or the Terms shall be filed in the competent court of the Republic of Cyprus and you hereby consent and submit to the jurisdiction of such court to litigate any such action.
Residents outside the European Union, European Economic Area, Switzerland ("Third Country").
If you reside in a Third Country, these Terms shall be governed and construed under the laws of the Republic of Cyprus, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website/App or these Terms shall be filed in courts of the Republic of Cyprus, and you hereby consent and submit the personal jurisdiction of such courts to litigate any such action.
17. Termination

We reserve the right to terminate your license to use the Services and to block your access and use of the Website/App, with immediate effect at our sole discretion, including when we reasonably consider that: i) you violate, have violated or intend to violate this agreement and/or the applicable law; ii) we are unable to provide the Services to you due to technical, legal and/or economic reasons.
18. Miscellaneous Terms
Recovery: In any legal action against us that stems from the use of this Website/App, the successful party will be entitled to recover complete legal expenses connected with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
Severability: If any provision of these Terms shall be void, unlawful, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement: The Terms, along with our Privacy Policy and the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein.
Prevailing Terms: Should a subscriber to one of our online subscription offerings or products find themselves in any conflict between these Terms and the Subscription Agreement, the Subscription Agreement will override the Terms.
Modifications: These Terms may be modified. Accordingly, each time you access this Website/App, you will be deemed to have accepted any such changes through our posting of changes to the Terms on this Website/App.
Assignment: You are not entitled to assign or transfer any rights and obligations under these Terms. We shall have the right to assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns, and licensees.
Waiver: The failure of either party to insist upon or enforce the strict performance of the other party concerning any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Third Party Rights: Unless expressly provided for in the Terms, no third party shall have any right hereunder.

Survival: Upon termination or expiration of the Agreement, any provision which by its nature should survive, will survive such termination or expiration.
The Company operates this Website/App, and if you have any questions or concerns, you may contact us by e-mail at info@flingfm.com or by post at the address above.