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Terms of Service (Beta)

Last Updated: 2025-08-15

These Terms of Service (“Terms”) set out the conditions for using the Flashvery website and app (the “Service”) operated by the Flashvery Operator Team (“we”, “us”). By using the Service, you agree to these Terms. Users — including creators, buyers, and viewers (collectively, “Users”) — must agree to these Terms before using the Service.

1. Scope & Changes

  1. These Terms apply to all use of the Service between you and us.
  2. We may modify these Terms. Material changes will be posted on the site or sent by email and will take effect as stated.

2. Operator

3. Accounts

  • Provide accurate, up-to-date information.
  • You are responsible for safeguarding your account and notifying us of any unauthorized use.
  • The Service targets users aged 16+. Users under 16 may use it only with parental consent where permitted by law.

4. Roles & Parties

  • Creators are the sellers of their content and are parties to the sale with buyers.
  • We provide the platform and payment facilitation and are not parties to user-to-user sales (except where required by law).

5. Fees, Charges & Payouts

  • Platform Fee: 15% per sale (subject to change). During Beta, announced promotions apply (e.g., first 30 sales at 0%).
  • Payment Processing Fees: Creators bear processor fees (e.g., Stripe). Chargebacks/refunds follow the processor’s rules.
  • Payouts: We settle payouts via Stripe or similar. Payout cadence, thresholds, and KYC requirements are defined in the dashboard/help.
  • Adjustments: In case of chargebacks, refunds, or suspected fraud, we may set off against your balance, create reserves, and pause or reverse payouts. If your balance is insufficient, we may initiate recovery.
  • Verification: Before payouts, we may request additional information for KYC/AML, sanctions screening, or fraud checks and may temporarily suspend payouts during review.
  • Taxes: Creators are responsible for pricing and taxes (e.g., VAT/GST). We may withhold/collect where required by law.

6. Content & IP

  • Ownership: Creators retain IP rights to their user-generated content (“UGC”), including guides, photos, and text.
  • License to Us: You grant us a non-exclusive, worldwide, royalty-free license to host, cache, display, and technically optimize your UGC (including compressing, transcoding, and generating thumbnails) to provide the Service.
  • Buyer License: Buyers receive a personal, non-transferable, non-commercial license to view purchased content. Redistribution/resale is prohibited.
  • Promotion: We will use UGC in promotions only with your consent or explicit setting.
  • Warranties: You represent and warrant that you have necessary rights and your UGC violates no laws, third-party rights, contracts, or venue rules.
  • Indemnity: You will defend, indemnify, and hold us harmless from losses and costs (including reasonable attorneys’ fees) arising from your UGC or conduct, to the extent permitted by law.

6.2 Notice & Takedown / Counter-Notice

Upon a rights complaint, we may remove or disable the content as needed. The uploader may submit a counter-notice to support@flashvery.com, which we will review appropriately.

7. Content Operations

  • Continuity: No expiry for sales. If at least one buyer exists, the guide cannot be deleted or hidden (updates allowed). Saved-only guides may be deleted.
  • Preview Protection: Previews may be protected via blur/dummy data until purchase.
  • Minimum Price: We may set minimum price thresholds for processing/fraud reasons.

8. Prohibited Conduct

  • Violating laws or third-party rights; disclosing personal or sensitive information without authorization
  • Encouraging dangerous activities; trespassing into restricted areas or private property
  • Hate speech or abusive behavior; adult, illegal, or inappropriate content
  • Scraping, reverse engineering, vulnerability probing/attacks
  • Lending or transferring accounts
  • Fake reviews and manipulating rankings
  • Redistribution or resale of content/guides
  • Violations of sanctions/export-control laws
  • Any other conduct we deem inappropriate

9. Refunds

Digital goods are generally non-refundable, unless required by law or permitted by a creator’s policy. We investigate fraud/duplicate charges.

10. AI Features

When using AI features (e.g., Story Builder), inputs, outputs, and metadata may be processed by AI providers. We do not warrant accuracy or fitness; review and edit before publishing.

11. Beta Specifics

During Beta, features, UI, pricing, and fees may change without notice. The Service may experience interruptions, data inconsistencies, or bugs, and we do not guarantee production-level availability. Feedback may be used royalty-free for product improvement (non-confidential).

12. Changes, Suspension, Termination

We may modify, suspend, or discontinue the Service in whole or in part. We will provide reasonable notice where materially impactful.

12.2 Interim Measures

Where there is a reasonable suspicion of rights infringement, fraud, or security risk, we may remove content and suspend or limit accounts and features without prior notice.

13. Disclaimer

The Service and content are provided “as is” to the maximum extent permitted by law.

14. Limitation of Liability

We are not liable for indirect or consequential damages, lost profits, lost data, or opportunity costs. Our aggregate liability shall not exceed the platform fees you paid to us in the last 12 months or JPY 10,000, whichever is greater, to the extent permitted by law. Consumer-law carve-outs apply where mandatory.

15. Third-Party Services

Use of Stripe and other third-party services is subject to their terms. You agree to comply with them.

16. Governing Law & Venue

These Terms are governed by Japanese law. Exclusive jurisdiction: Tokyo District Court, unless consumer protection laws require otherwise.

17. Language

The Japanese version prevails; this English version is provided for convenience.

18. Notices

We may notify you via site postings, in-app notices, or emails to your registered address. Notices are deemed received upon sending (subject to reasonable exceptions).

19. Force Majeure

We are not liable for delays/failures due to force majeure, including natural disasters, outages, cyberattacks, legal changes, government actions, labor disputes, or third-party service failures.

20. Assignment

We may assign our position/rights/obligations to a third party via merger, corporate split, or business transfer. You consent to such assignment.

21. No Promise on Rankings/Recommendations

We do not guarantee search results, ranking, highlights, or earnings outcomes. Algorithms may change over time.

22. Contact

Questions about these Terms: support@flashvery.com

Terms of Service (Beta) | Flashvery