Back

Terms of Use

Effective Date: September 10, 2025

PLEASE READ THESE TERMS OF USE BEFORE USING THE WEBSITE.

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and FLock Technology Holdings ("FLock," "Company," "we," "our," and/or "us"). The following terms and conditions, along with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to https://platform.flock.io/ (the "Website"), including, but not limited to, any content, functionality, and services provided specifically through this Website (together, the "Services"). These Terms of Service are a legally binding contract between you and FLock regarding your use of the Website.

Please read these Terms of Use carefully before you begin using the Website. By accessing or using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you accept and agree to be bound by these Terms of Use. These Terms of Use apply in addition to the main site Terms of Use, the main site Privacy Policy, and the FLock API Platform Privacy Policy specific to the Website, all of which are incorporated herein by reference.

These Terms provide that all disputes between you and FLock will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.

2. Who May Use the Website

The Website are only available to users in certain jurisdictions who can use the Website as permitted under Applicable Law (as defined below). Without limitation, you must be at least 18 years of age to use the Website. You may not attempt to access or use the Website if you are not permitted to do so. OUR WEBSITE IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A "RESTRICTED PERSON"). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE WEBSITE. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

  • In order to protect the integrity of the Website, we reserve the right, at any time, in our sole discretion, to block access to the Website from certain IP addresses and unique device identifiers.
  • We reserve the right to report any activity occurring using the Website to relevant tax authorities as required under Applicable Law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Website. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Website.
  • In addition to the other suspension and termination rights in these terms, we may suspend or terminate your access to the Website at any time in connection with any transaction as required by Applicable Law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating the terms of any third-party service provider or these terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Website, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Website being inaccessible to you at any time or for any reason. Such suspension or termination shall not be constituted a breach of these Terms of Use by FLock. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose limitations and controls on the ability of you or any beneficiary to utilize the Website. Such limitations may include rejecting transaction requests, freezing funds, or otherwise restricting you from using the Website, all to the extent of our ability to do so.

3. Use of the Website

As a condition to accessing or using the Website, you represent and warrant to the FLock the following:

  1. If you are entering into these Terms of Use as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them and if you are entering into these Terms of Use as an entity, then you must have the legal authority to accept these Terms of Use on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity;
  2. You are not a resident, national, or agent of Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Cote D’Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which the United States embargoes goods or imposes similar sanctions (collectively, "Restricted Territories");
  3. You are not on any sanctions list or equivalent maintained by the United States government (collectively, "Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions List Person;
  4. You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Website;
  5. You represent and warrant to us that you have obtained all required consents from any individual whose personal information you transfer to us in connection with your use of the Website;
  6. Your access to the Website is not:
    • (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over FLock, you or the Website, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, "Applicable Laws"); or
    • (b) contribute to or facilitate any illegal activity.

4. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

5. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.

6. Geographic Restrictions

The owner of the Website is based in Cayman Islands. We make no claims that the Website or any of its content is accessible or appropriate outside of Cayman Islands. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Cayman Islands, you do so on your own initiative and are responsible for compliance with local laws.

7. Services Overview

FLock operates a large language model aggregator where users may use this Website to access third-party application programming interfaces ("APIs") to use a variety of generative artificial intelligence models listed on the Website ("AI Models"). FLock may add or remove AI Models from the Services at any time.

8. Accounts and Registration

To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us or our authentication platform with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to verify your identity using a verification code sent to your email address. You are solely responsible for ensuring that your account information remains secure, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at legal@flock.io

9. Payment

(i) Pre-Paid Tokens; Refunds

Access to the Services, or to certain features of the Services, may require you to pay fees for pre-paid tokens that are linked to your account ("Tokens"). Before you pay any fees, you will have an opportunity to review and accept/reject the fees that you will be charged.

(ii) Currency; Payment Processing

FLock will charge the payment method you specify at the time of purchase. You authorize FLock to charge all sums as described in these Terms, for the Services you select, to that payment method. FLock accepts payment through our third-party payment processors, Stripe, Base Wallet so we are unable to cancel or refund transactions.

See Stripe’s payment terms and conditions here, https://stripe.com/en-hk/legal/ssa;
Base payment terms and conditions here, https://www.coinbase.com/legal/user_agreement/united_states#payment-services-purchase-sale-transactions-and-credit-transactions;

If you choose to pay using Base Wallet, you represent and warrant that the cryptocurrency and source of funds for the cryptocurrency you use do not constitute the proceeds of a financial crime or any other crime under applicable law.

(iv) Changes to Fees

If FLock changes the fees for the Services, including by adding additional fees or charges, FLock will provide you advance notice of those changes. If you do not accept the changes, FLock may discontinue providing the Services to you.

10. User Content

(i) User Content Generally; Training Data

You may provide input into the Services, which may include images, data, text, and other types of work ("Input") and receive an output from the Services based on your Input ("Output", and collectively, the Input and Output are "User Content"). You retain copyright and any other proprietary rights that you may hold in the Input. Your ownership rights in the Output are set forth in terms for each AI Model you use ("AI Model Terms") such as the Terms of Use for the Qwen model can be found here. Some AI Models may store your Inputs or use them for training to improve their models. In certain cases, you may or may not have the option to opt out of such training, as explained in the applicable AI Model Terms. Please note that FLock is not responsible for any errors, omissions, or misrepresentations contained in those AI Model Terms, and you should review the applicable terms directly to confirm how your Inputs may be used.

For FLock AI models, we will always obtain your consent before storing your Inputs or using them for training purposes and provide you with an option to opt out of training.

(ii) Opt-In License for Prompt Logging

If you have opted into prompt logging in your account settings, you grant FLock a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, adapt, translate, and prepare derivative works of, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for purposes of providing the Services to you and for our own commercial and business purposes. By way of example only, this license provides FLock permission to (a) log and store your Inputs, (b) log, copy, store, and distribute your Inputs and associated tokens for purposes of debugging, and (c) license or sell your User Content in anonymized form, where your User Content is not associated with you or your account.

(iii) License to Categorize Inputs

FLock uses a hosted model for categorizing Inputs, which does not store or log any Inputs provided to it. In using the Services, you grant to FLock a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to use, host, reproduce, and prepare derivative works of, your Inputs in anonymized form, solely for tracking and sharing user metrics on the Website on an ongoing basis. Unless explicitly opted in to prompt logging, we do not store your Inputs after categorizing them and do not associate the categorized Inputs with any specific user or organizational accounts.

(iv) Input Representations and Warranties

You are solely responsible for your Inputs and the consequences of providing Inputs. By providing Inputs, you affirm, represent, and warrant that: you are the creator and owner of the Inputs, or have the necessary licenses, rights, consents, and permissions to authorize FLock to use, reproduce, and distribute your Inputs as necessary to exercise the licenses granted by you in this section, in the manner contemplated by FLock, the Services, and these Terms; and your Inputs, and the use of your Inputs as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause FLock to violate any law or regulation.

(v) Input and User Content Disclaimer

We are under no obligation to edit or control Inputs that you or other users post or publish, and will not be in any way responsible or liable for Inputs. FLock may, however, at any time and without prior notice, screen, remove, edit, or block any Inputs that in our sole judgment violates these Terms or is otherwise objectionable or illegal. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against FLock with respect to the Inputs. We expressly disclaim any and all liability in connection with User Content. If notified by a user, content owner or AI Model that User Content allegedly does not conform to these Terms, we may investigate the allegation and elect to terminate your access to the Services, in our discretion. For clarity, FLock does not permit copyright-infringing activities on the Services.

(vi) Location of Originating Requests

We strive to accurately provide to the AI Models the country of your originating request when accessing the Website using APIs. However, due to limitations of currently available technology, it is not always possible to accurately represent your country of origin, and this limitation may affect your ability to use the Services. You understand and agree that FLock is not responsible for any incorrect location reporting to the AI Models.

11. Prohibited Conduct

BY USING THE SERVICES YOU AGREE NOT TO:

  • (i) use the Services for any illegal purpose, in violation of any local, state, national, or international law or in violation of any applicable AI Model Terms;
  • (ii) purchase Tokens with cryptocurrency when the source of funds for the cryptocurrency constitutes proceeds of a financial or other crime under applicable law;
  • (iii) create a false identity, misrepresent your identity, or create multiple accounts as a single user, for purposes of bypassing or circumventing use limits on the Website or Services or for any other reason;
  • (iv) develop, support or use software, devices, scripts, robots or any other means or processes (such as crawlers, browser plugins, add-ons or any other automated technology) to scrape or copy any information on the Website or the Services;
  • (v) bypass any technical measures implemented by FLock that are designed to prevent scraping;
  • (vi) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  • (vii) post, upload, or distribute any Input or other content that is unlawful, or is not in compliance with the Terms of Service for the AI Model or Provider you are using;
  • (viii) violate the Terms of Service for the AI Model or Provider you are using;
  • (ix) interfere with security-related features of the Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
  • (x) interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Services; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
  • (xi) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;
  • (xii) sell or otherwise transfer the access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Material; or
  • (xiii) attempt to do any of the acts described in this Section 11, or assist or permit any person in engaging in any of the acts described in this Section 11.

12. Termination of Use; Discontinuation and Modification of the Services

You may terminate your user account at any time by contacting customer service at hello@flock.io. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms, your permission from us to use the Services will terminate automatically, and any unused Tokens will not be refunded. In addition, FLock may in its sole discretion terminate your user account on the Services or suspend or terminate your access to the Services at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

13. Privacy Policy

Please read this FLock API Platform Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The FLock API Platform Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

14. Additional Terms

Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Services. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

15. Modification of these Terms

We reserve the right, at our sole discretion, to change these Terms of Use at any time and the updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

16. Intellectual Property Rights

The Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by FLock, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless otherwise marked, (a) all material, data, and information on the Website, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code are licensed under the Creative Commons Attribution 4.0 International License; and (b) all software or computer code are licensed under the MIT License.

17. Trademarks

The Company name, the terms FLock, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of FLock or its affiliates or licensors. You must not use such marks without the prior written permission of FLock. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

18. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services ("Feedback"), then you hereby grant FLock an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

19. Indemnity

You are responsible for your use of the Services, and you will defend and indemnify FLock and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "FLock Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

20. Disclaimers; No Warranties

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FLOCK ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE FLOCK ENTITIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE FLOCK ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICES USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OUTPUT YOUR RECEIVE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED WEBSITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. YOU UNDERSTAND AND AGREE THAT FLOCK IS NOT RESPONSIBLE FOR THE ACCURACY OR QUALITY OF ANY OUTPUT YOU RECEIVE THROUGH THE SERVICES. FLOCK TAKES NO RESPONSIBILITY FOR ANY ACTIONS YOU TAKE AS A RESULT OF ANY OUTPUT RECEIVED THROUGH THE SERVICES OR ANY CONSEQUENCES OF THOSE ACTIONS.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

21. Limitation of Liability

IN NO EVENT WILL THE FLOCK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FLOCK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE FLOCK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FLOCK FOR ACCESS TO AND USE OF THE SERVICES IN THE THREE MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $5.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND FLOCK UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FLOCK. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22. Governing Law

All matters relating to the Website and these Terms of Use 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 laws of Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of Cayman Islands or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in Hong Kong although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and FLock regarding your use of the Services. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of this Terms of Use, Sections 2, 9, 16-23 of this Terms of Use along with the FLock API Platform Privacy Policy will survive.

24. Dispute Resolution and Arbitration

(i) Miscellaneous

In the interest of resolving disputes between you and FLock in the most expedient and cost effective manner, you and FLock agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLOCK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(ii) Exceptions

Despite the provisions of this Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

(iii) Arbitrator

Any arbitration between you and FLock will be settled under the Arbitration Ordinance (Cap. 609) of Hong Kong and governed by the Hong Kong International Arbitration Centre (HKIAC) rules, as modified by these Terms. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC).

(iv) No Class Actions

YOU AND FLOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FLock agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(v) Enforceability

If this article is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section 24 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to these Terms.

25. Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

26. Contact Information

The Website is operated by FLock.io. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@flock.io