Terms of Use

These Terms of Use are effective on June 03, 2016.

By accessing or using the Shortcut Labs Products, the Shortcut Labs service, or any applications (including mobile applications) made available by Shortcut Labs, however accessed, you agree to be bound by these terms of use ("Terms of Use"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

Arbitration notice: except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and shortcut labs will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. Definitions
Shortcut Labs Products shall mean the Shortcut Labs hardware products, the Shortcut Labs service, or any applications (including mobile applications) made available by Shortcut Labs.
Product Failure shall mean any sort of error or failure that results in Shortcut Labs Products not working as intended or as expected.
Service shall mean the Shortcut Labs service, or any applications (including mobile applications) made available by Shortcut Labs.

2. Basic Terms
2.1 You are responsible for keeping your password secret and secure.
2.2 You may not use Shortcut Labs Products for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Shortcut Labs Products.
2.3 You must comply with Shortcut Labs Privacy Policy, available here: https://shop.flic.io/#privacy
2.4 We reserve the right to modify or terminate the Shortcut Labs service, or any applications (including mobile applications) or your access to the Shortcut Labs service for any reason, without notice, at any time, and without liability to you.
2.5 Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
2.6 We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
2.7 We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.8 We reserve the right to force forfeiture of any username for any reason.

3. Disclaimer of Warranties
3.1 The Service is provided on an "as is", "as available" and "with all faults" basis. to the fullest extent permissible by law, neither Shortcut Labs nor any of their employees, managers, officers or agents (collectively, the "Shortcut Labs parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to the service.
3.2 The Shortcut Labs parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.

4. Product Usage and Indemnity
4.1 Shortcut Labs is not responsible for how you use Shortcut Labs Products, how this might affect you, and the risks that you are exposed to due to the usage of Shortcut Labs Products, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected to your use of Shortcut Labs Products.
4.2 You acknowledge and agrees that Shortcut Labs Products and Service are not manufactured, designed or authorized for use and shall not be used, sold for use, or incorporated into modules for use in any medical application or life support or safety equipment or any application where performance of the product (either by itself or in conjunction with other components) can result in personal injury or death. Any use or sale or incorporation into modules of Shortcut Labs products shall be fully at your own risk.
4.3 You agree to NOT use Shortcut Labs Products where Product Failure might lead to personal injuries, deaths, damage to or destruction of tangible property, or where Product Failure risks your or anyone else’s personal health in any way.
4.4 You confirm that you are aware of and understand that Shortcut Labs Products will NOT function at all times and that Product Failure will occasionally occur. (For example, you confirm that you understand that using the Flic button will not always trigger your desired action or functionality.) This includes, but does not limited to, use of Shortcut Labs products in relation to health or safety.
4.5 Shortcut Labs strongly advise you to always verify that the use of Shortcut Labs Products gives you the expected results.
4.6 You shall indemnify and hold harmless Shortcut Labs and any of its employees, directors, officers or agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees), which are caused by, are related to, or arise out of usage of Shortcut Labs Products, claims of Shortcut Labs Products liability or similar claim regarding the marketing, manufacturing, performance or design of Shortcut Labs Products, including, but not limited to, any failure or alleged failure to warn of a hazard, defect, or alleged hazard or alleged defect of a Product, which results in personal injury, including death, or damage to or destruction of tangible personal property. You will cooperate as fully required by Shortcut Labs in the defense of any claim. Shortcut Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Shortcut Labs.

5. Limitation of Liability; Waiver
5.1 Under no circumstances will the Shortcut Labs parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) your use of, inability to use, or the performance of the Service or Shortcut Labs Products; (c) any action taken in connection with an investigation by the Shortcut Labs parties or law enforcement authorities regarding your or any other party's use of the service; (d) any action taken in connection with copyright or other intellectual property owners; (e) any errors or omissions in the service's operation; or (f) Product Failure. In no event will the Shortcut Labs parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the Shortcut Labs parties total liability to you for all damages, losses or causes or action exceed one hundred united states dollars ($100.00).

6. Governing Law and Arbitration
6.1 These Terms of Use shall be governed by and construed in accordance with Swedish law, except from its principles of choice of law.
6.2 Any dispute, controversy or claim arising out of or in connection with These Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of three (3) arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.
6.3 Any arbitration award shall be final and binding and may, if necessary, be enforced by any court or authority having jurisdiction. The arbitration award and the arbitration proceedings shall be governed by confidentiality.
6.4 You undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of Shortcut Labs hereto. In case These Terms of Use or any part of it is assigned or transferred to a third party, such third party shall automatically be bound by the provisions of this arbitration clause.