Terms of Service

Flameingo LLC Mobile Application Terms of Service

Last Updated: May 10, 2026

These Terms of Service (the “Terms”) are entered into between you (“you,” or “User”) and Flameingo LLC (“Jetpac,” “Company,” “we,” “us,” and “our”). These Terms govern your access to and use of our mobile applications, including Jetpac and any other mobile applications directly owned by, or operated by or on behalf of, the Company and where these Terms are linked (the “Application”). The Application is published, owned, and operated by the Company. This Application applies to you as a Consumer (defined below), Jetpac User (defined below), or a Visitor (defined below).

By accessing, browsing, submitting information to and/or using the Application, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not download, install or use the Application.

1. Purpose of the Application; Consumers, Jetpac Users and Visitors.

The Application is provided to connect individuals socially by sharing audio, text, photos, videos and other media with Jetpac Users across the platform. The purpose of these Terms is to provide you with information about our Application and inform you of permissible and prohibited uses on our Application. As a user of the Application, you can either be a Consumer, Jetpac User or Visitor. A “Visitor” is someone who simply visits our Application and browses information about us and our platform. A “Jetpac User” is someone who creates an account on our Application (“Account”). A “Consumer” is a Jetpac User who may purchase products, services, features and Paid Features (defined below) on the Application. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products, services and Application.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other Visitor to the Application, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Application shall be handled in accordance with the Mobile Application’s Privacy Policy located at: https://help.jetpac.app/privacy-policy, which is hereby incorporated by reference.

1. Privacy Policy.

These Terms are incorporated by reference and should be read in conjunction with Company’s Privacy Policy located at: https://help.jetpac.app/privacy-policy.

1. Use of the Application.

The Company grants you a non-exclusive right to access and use the Application and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. You agree to use the Application only for lawful purposes, to comply with all rules governing any transactions on and through the Application, and to comply with applicable laws.

1. Jetpac User Account Responsibility.

If you are given, or if you create, an Account (including any password) to access the Application, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an Account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your Account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your Account or your password.

Unverified Accounts. After creating an Account, you must verify your registered email address within 7 days. Accounts that remain unverified after 7 days will be automatically and permanently deleted, along with all associated data, without further notice. The Company is not responsible for any loss of content or data resulting from such automatic deletion. If your account is deleted due to non-verification, you may re-register at any time.

1. Prohibited Uses. You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) and these Terms.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To threaten, bully, harm, harass, exploit or attempt to exploit other Jetpac Users, including asking for personally identifiable information or any other violation of our Community Guidelines (outlined below).
• To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Application
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.
• For any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming, without our express written consent.

Additionally, you agree not to:

• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
• Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
• Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring, scraping, data-mining, extracting, or otherwise collecting or copying any of the material on the Application.
• Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Application.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Application.

Advertising on Your Accounts. All Jetpac Users are individually responsible for disclaiming advertisements (including those for commercial products or services) featured on your Accounts. All advertisements shall follow the requirements outlined in these Terms and our Community Guidelines. PLEASE NOTE THAT WE ONLY PROVIDE OUR APPLICATION FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

1. Community Guidelines

We are committed to fostering a positive and respectful community. You agree to abide by our Community Guidelines located at: https://help.jetpac.app/community-guidelines, which are incorporated into these Terms by reference. Violations of the Community Guidelines may result in the suspension or termination of your account.

1. Push Notifications.

You may receive push notifications in accordance with the features and policies of the Application. You can control these tools on your mobile devices. To modify the push notifications you get from the Application, you can alter your preferences in your profile. You may not be able to use the Application to its full extent by disabling certain features and tools.

1. Third-party Websites.

The Application may contain links to websites and platforms controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Application, including any delivery of and payment for goods and services.

1. Third-party Applications.

You acknowledge that your access and use of any third-party applications or software on our Application and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.

1. Paid Features and Fees

As a Consumer, you may access certain features on the Application, including but not limited to Jetpac BOOST!, by submitting a fee payment, (“Paid Features”). We will clearly indicate on the Application Paid Features. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. Paid Features and billing may auto-renew unless you cancel. You may cancel at any time.

Paid Features, such as Jetpac BOOST! provide you access to enhanced content, features and functionality on the Application (e.g., custom profile shapes, text color, backgrounds and badges). By signing up for and using the Paid Features, including signing up for Free Trials of Paid Features, you agree to pay any fees or other incurred charges that apply to the Paid Features (including ongoing subscription fees). As a Consumer, you will receive new features and updates as they are released.

Subscriptions & Cancellations. We offer a monthly subscription for Paid Features available on the App Store for iOS and Google Play Store for Android. The subscription will automatically renew each month unless canceled at least 24 hours before the end of the current period. Your Account will be charged for renewal within 24 hours prior to the end of the current period.

You can cancel the Paid Features at any time. Once you have canceled your Paid Feature and received confirmation, no other changes can be made to your Account. The cancellation of a Paid Feature will go into effect at the end of your current billing cycle, and you will have the same level of access to the Paid Feature through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Paid Feature through the end of that month.

Refunds. While you may cancel any Paid Feature at any time, you will NOT be issued a refund except in our sole discretion, or if legally required. Some of the Paid Features offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.

Fee Changes. We may change the fees for the Paid Features or services on the Application, including by adding additional fees or charges, on a going forward basis, at any time. We will provide you with advance notice of these fee changes via email or in-Application notifications. New fees will not apply retroactively. If you do not agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Feature before your next payment date.

1. Intellectual Property Notices.

The Application and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Application or Content in any manner, except as expressly permitted by the Company in these Terms. The Application and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

Copyright. You should assume that everything you see or read on the Application is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Application will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Application is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Application. Any unauthorized use of any content, images, photographs, videos, audio or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your Content. Any Content you create or own or to which you have a license and use on the Application is Your Content. In sharing Your Content on the Application, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Application services as described in these Terms and in any posted policies on the Application. The Application services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Application. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Questions regarding the use of any intellectual property provided on the Application should be directed to jetpac.support@jetpac.app.

1. Digital Millennium Copyright Act Compliance.

Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;

(iv) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) a statement that the information in the notification is accurate; and

(viii) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter Notification. If you elect to send our copyright agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(i) a physical or electronic signature;

(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) adequate information by which we can contact you, including your name, address, and telephone number; and

(v) a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter notice. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

The Company’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:

Flameingo LLC Attn.: Jetpac Designated Agent 6304 NW Barry Rd PO Box 901655 Kansas City, MO, 64190 785.320.9017 (phone) ip@flameingo.net

A summary of the DMCA can be obtained from the U.S. Copyright Office.

1. United States Only.

The Company is based in the state of Missouri in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

1. Disclaimer.

We take reasonable steps to provide secure, timely, accurate and complete information on the Application. However, it is possible that information contained or made available on the Application may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Application will be uninterrupted or error free or that the Application, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

If you notice any errors or omissions in the information contained on the Application or other concerns, please report them to us for investigation.

YOUR USE OF THE APPLICATION AND THE CONTENT PROVIDED ON THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION AND THE CONTENT PROVIDED ON THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE APPLICATION OR THE CONTENT PROVIDED ON THE APPLICATION, OR ANY HYPERLINKS ON THE APPLICATION TO OTHER INTERNET RESOURCES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

1. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APPLICATION, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APPLICATION OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APPLICATION, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONALLY YOU AGREE THAT ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE APPLICATION; (II) ANY CHANGES WHICH WE MAY MAKE TO THE APPLICATION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE Products, SERVICES OR ANY FEATURES WITHIN THE Application; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE APPLICATION; (IV) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR APPLICATION, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE APPLICATION.TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE APPLICATION, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

BY ACCESSING THE APPLICATION SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO VENDOR FOR THE APPLICATION IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.

1. App Store/ Google Play Sourced App Representations.

Notice regarding Apple.

• Scope. With respect to the Application accessed or downloaded from the Apple App Store (“App Store Sourced App”), you will use the App Store Sourced App only on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that you own or control, and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Company reserves all rights in and to the Application and software not expressly granted to you under these Terms.
• Acknowledgment. You acknowledge and agree that (i) the Terms are valid between you and Company only, (ii) Apple is not a party to this agreement other than as a third-party beneficiary as contemplated below, and (iii) Company, not Apple, is solely responsible for the App Store Sourced App content.
• Scope of License. The license granted to you for the App Store Sourced App is limited to a non-transferable license to use the App Store Sourced App on any Apple device that you own or control and only as permitted by the Usage Rules.
• Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced App. Company is solely responsible for providing any maintenance and support services with respect to the App Store Sourced App, as specified herein or as required under applicable law.
• Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App Store Sourced App to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
• Product Claims. Notwithstanding anything to the contrary herein, and subject to these Terms, you and Company acknowledge that Company, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App Store Sourced App or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. You and Company acknowledge and agree that if the App Store Sourced App, or your possession and use of the App Store Sourced App, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims. Company is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Terms regarding App Store Sourced Apps, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Agreement regarding App Store Sourced Apps against you as a third-party beneficiary thereof.

Google Play Notice.

• Scope. With respect to the Application accessed or downloaded from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”) (“Google Play Sourced App”), you will use the Google Play Sourced App only on an Android product that you own or control, and as permitted by (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”). Company reserves all rights in and to the Application and software not expressly granted to you under these Terms.
• Acknowledgment. You acknowledge and agree that (i) the Terms are valid between you and Company only, (ii) Google is not a party to this agreement other than as a third-party beneficiary as contemplated below, and (iii) Company, not Google, is solely responsible for the Google Play Sourced App content.
• Scope of License. The license granted to you for the Google Play Sourced App is limited to a non-transferable license to use the Google Play Sourced App on any Android device that you own or control and only as permitted by the Google Play Terms.
• Maintenance and Support. You acknowledge that Google has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Google Play Sourced App. Company is solely responsible for providing any maintenance and support services with respect to the Google Play Sourced App, as specified herein or as required under applicable law.
• Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Google Play Sourced App to conform to any applicable warranty, you may notify Google and Google will refund the purchase price of the Google Play Sourced App to you, if applicable. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Google Play Sourced App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
• Product Claims. Notwithstanding anything to the contrary herein, and subject to these Terms, you and Company acknowledge that Company, not Google, is responsible for addressing any of your claims or any third-party claims relating to the Google Play Sourced App or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Google Play Sourced App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. You and Company acknowledge and agree that if the Google Play Sourced App, or your possession and use of the Google Play Sourced App, infringes on a third-party’s intellectual property rights, you will not hold Google responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims. Company is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-Party Beneficiary. You acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of this subsection of the Terms regarding Google Play Sourced Apps, and that, upon your acceptance of the terms and conditions of this agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this subsection of the agreement regarding Google Play Sourced Apps against you as a third-party beneficiary thereof.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Name and Address. The Application Owner’s name and contact information is provided under the Company Contact Information section below.

Third-Party Terms of Agreement. You acknowledge and agree that you must comply with all applicable third-party terms of agreement when using the App Store Sourced App/ Google Play Sourced App.

1. Indemnity.

You agree to defend, indemnify and hold harmless Flameingo LLC from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by Flameingo LLC arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Application (including the Community Guidelines), or from any other misuse of the Application. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against Flameingo LLC, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Application, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.

1. Termination and Restriction of Access.

In its sole discretion, the Company may terminate or suspend your access to the Application for breach of these Terms or for any reason whatsoever, with or without notice. The Company shall not be liable for any losses or damages arising from any such termination of service.

Automatic Deletion of Unverified Accounts. Without limiting the foregoing, the Company automatically deletes accounts where the associated email address has not been verified within 7 days of registration. This automatic deletion includes all account data stored in the Company’s systems. The Company shall not be liable for any loss of data or content resulting from such automatic deletion.

1. Limitation on Time to File Claims.

Any cause of action or claim you may have arising out of or relating to these Terms or the Application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

1. Governing Law & Jurisdiction.

All matters relating to the Application and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule.

For any claims not subject to arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in the City of Kansas City and County of Jackson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. PURSUANT TO ARTICLE 6 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES AGREE THAT THE UN CONVENTION WILL NOT APPLY TO THIS AGREEMENT.

1. Changes to these Terms of Use.

The Company may update or change these Terms from time to time to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Application after any such change is communicated shall constitute your consent to such change(s).

1. General.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Application, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1. Company Contact Information.

We value your opinions and welcome your feedback. To contact us about these Terms, please contact us at:

Phone: 785.320.9017

Email: jetpac.support@jetpac.app

Mail: Flameingo LLC Attn.: Jetpac Support 6304 NW Barry Rd PO Box 901655 Kansas City, MO, 64190.