These Terms establish a binding agreement between you and Flawless; please read them carefully, as they describe your legal rights, obligations, and available remedies.

IF YOU RESIDE IN THE UNITED STATES, BY ACCEPTING THESE TERMS, YOU AGREE TO SETTLE ALL DISPUTES WITH FLAWLESS, EITHER IN SMALL CLAIMS COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR HAVE CLAIMS DECIDED BY A JURY, AS DESCRIBED IN THE DISPUTE RESOLUTION SECTION.

Flawless wants to improve people’s lives through education. Our platform lets those who want to share knowledge create content (Crowd Instructors) and allows learners to access that content (Crowd Students). This is the right thing to do, threaded with each path of learning and abilities. To maintain a sound and effective environment for everybody, we have laid down the law on how to treat our platform and services.

If you publish a course to Flawless, the instructor terms shall apply. Further, we describe how we conduct our affairs with students and instructors in our Privacy Policy. If you get access to Flawless as part of the learning and development program of Flawless Business developed by your employer, you need to refer to the Flawless Business Privacy Statement. These Terms incorporate by reference the Instructor Terms, Privacy Policy, and any other relevant Flawless policies.

Our site and applications will communicate with third-party service providers that work with Flawless about your browsing activities and usage trends. For these communications to occur, you must accept them by using our services. 

Table of Contents

1. Accounts
2. Content Enrollment and Lifetime Access
3. Payments, Credits, and Refunds
4. Content and Behavior Rules
5. Flawless’s Rights to Content You Post
6. Using Flawless at Your Own Risk
7. Flawless’s Rights
8. Subscription Terms
9. Generative AI Terms
10. Miscellaneous Legal Terms
11. Dispute Resolution
12. Updating These Terms
13. How to Contact Us

1. Accounts

In order to engage in most activities on our platform, which include the purchase, access, or submission of content for publication, a user account is required. Accurate and complete account information must be provided when creating and maintaining the account, which includes and requires a current email address. You assume complete responsibility for your account and for any activities associated with it, including any harm or damage to us or others resulting from unauthorized use. One should keep in mind that a password has to be kept safe. You are not allowed to transfer your account to anyone or use someone else’s account. Any request to access an account will only be fulfilled upon providing sufficient evidence establishing ownership of that account. The account of a deceased person will be closed. 

You must not share your username and/or password with anyone. You are responsible for all actions taken through your account, and Flawless will not intervene in disputes between students and/or instructors who use shared credentials. If you think your account is being used without your permission (or suspect any security problems), inform our Support Team without delay. We may ask for some details in order to check that the account really belongs to you. 

In accordance with our rules and regulations, students and instructors need to be at least 18 years of age while using Flawless services or setting up an account. If you are not 18 but are of an age where permission to use online services is allowed in your country (such as 13 in the United States or 16 in Ireland), you cannot set up an account yourself. We, therefore, encourage you to have a parent or guardian set up an account from which you can learn under their guidance. If you are below the age of legal consent, you may not set up an account or use our services, even with parental or guardian consent. Whenever we find any account that breaks this particular rule, we will have to terminate it. In addition, under Instructor Terms, you might also be required to prove your identity before you upload any content for publication on Flawless. 

You can close your account at any time by following all steps outlined [here]. Kindly refer to our Privacy Policy to know what happens after the termination of an account. 

2. Content Enrollment and Lifetime Access

Flawless grants a license to access and view any course or content on its platform and services upon registration, restricted to purely personal use, and cannot in any way be transferred and/or sold. In most situations, lifetime access is given unless this is revoked when required for legal or policy reasons or on enrollment made through Subscription Plans. 

Per our Instructor Terms, instructors have given Flawless a license to put up their content in delivery to students. This is to denote that Flawless has a right to sublicense to students enrolled. By your enrollment in either a free or paid course, you are granted by Flawless a license to access and view that course through our platform. Flawless remains the licensor of the content. You are permitted access to view the content, but no ownership is guaranteed to you, and this will not allow the resale or sharing and distribution of such (i.e., sharing of account details with someone else or any illegal downloading and distributing of the content). 

In legal terms, Flawless grants the student a limited, nonexclusive, nontransferable license to access and view the paid content expressly for private, noncommercial educational purposes, as permitted through our platform under these Terms and any further limitations set by Flawless or the content provider. Any other uses are strictly prohibited. You will not be able to copy, share, distribute, modify, sell, broadcast, rent, lend, or create any derivative of the content without the previous explicit written permission of an authorized Flawless representative. This also applies to content accessed through our APIs. 

Usually, once you enroll in a course, you will have lifetime access to this information. However, we reserve the right to revoke this access if, after careful evaluation, we conclude that the content has to be deleted due to a legal matter or in accordance with a policy, such as copyright claims or any other violations of our Trust and Safety Guidelines. Lifetime access will not apply to enrollments made through Subscription Plans, nor will it include any additional features or services associated with the content. An instructor, for example, might simply stop providing Q&A support or teaching assistance at any time. Lifetime access only applies to the course content itself and not to the instructor in any way whatsoever. 

Some other permission of instructors to students to license the direct agreements is not allowed. Any agreement for direct licensing between an instructor and a student is invalid and violates these Terms. 

3. Payments, Credits, and Refunds

When making payments, you commit to using a valid payment method. If you are not content with your purchase, Flawless allows for a refund or credit within 30 days for most purchases of content. 

3.1 Pricing

Pricing The content prices on Flawless are set in accordance with the Instructor Terms and our Promotions Policy. For certain items, the pricing provided on Flawless’s site might differ slightly from the price shown on mobile or TV apps because of the price-setting systems of mobile platform providers and their sales and promotion practices. 

We have ongoing promotional sales on content items and allow selected items to be purchased at discounted prices for a limited period of time. The price for the content will be the cost charged at checkout at the time you purchase the content. 

Furthermore, certain potential prices may vary depending on whether you are logged into your account, pursuant to some of our promotions only targeted at new users, for instance. With an account, the currency you see is based on your location upon account creation. Without an account, that currency price is based on where you reside. We do not allow users to view prices in alternative currencies. 

If you are a student in a jurisdiction impacted by sales tax, goods, and services tax, or value-added tax on sales to consumers, we have to collect and remit that tax to the appropriate tax authorities on your behalf. Henceforth, the displayed price you see will include those taxes either by virtue of your location or, should it be imposed, they will be charged at checkout.

3.2 Payments

You agree to pay the fees for content you purchase and authorize us to charge your debit or credit card or process other means of payment, such as Boleto, SEPA, direct debit, or mobile wallet. Flawless works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. For further details, check out our Privacy Policy. 

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within 30 days of being notified by us. Flawless reserves the right to disable access to any content for which we have not received an applicable payment. 

3.3 Refunds and Refund Credits

If you are not satisfied with the content purchased, you may, within 30 days of your purchase, request a refund to be applied to your Flawless account. Refund Policy does not extend to Subscription Plan purchases, which are addressed in Section 8.4 (Payments and Billing) below. We consider applying for your refund as either a credit to your account or to the payment method used in the original transaction based on the discretion of the company and factors beyond its control, including the type of your payment service provider, the type of platform used for your purchase (website, mobile, or TV app), and others. If the period for requesting your refund has elapsed 30 days, no refund will be owed to you. However, if you purchased content and it was subsequently disabled for certain legal or policy reasons, you are entitled to a refund even in excess of the 30-day limit. Otherwise, Flawless reserves the right to issue refunds for students if account fraud is suspected or confirmed, even after the 30-day limit has passed. 

To request a refund, follow the steps here. As covered in the Instructor Terms, instructors accept that students also have a right to receive such refunds. 

When credits for refund are being given to your account, they will be automatically applied to your next content purchase from our website; however, they are not applicable to purchases made from our mobile or TV applications. Refund credits may expire without use within the specified timeframe, hold no cash value, and will have no exceptions unless it is mandated otherwise by applicable law. 

Provided we find that you are misusing our refund policy—for example, if you have consumed a not insignificant part of the content in question or if you have ever refunded some of our content before reserve the right at our sole discretion to deny your refund, bar you from any further refunds in the future, suspend your account, and/or restrict any or all future access and use of the Services. You will not be eligible for a refund should we ban your account or block your access to the content we provide as a result of your violating these Terms or our Trust & Safety Guidelines. More information on our refund policy can be found here.

3.4 Gift and Promotional Codes

Flawless or its partners may determine whether to make gift codes and promotional codes available to students. Some codes may be redeemed for gift or promotional credits in your Flawless account to then purchase eligible content from our platform under the terms provided with your codes. Other codes may be directly redeemable for specific content. These gift and promotional credits cannot be used to make purchases on our mobile or TV applications. This means that those codes and credits can also have any promotional value lost from them should they be unused within the time indicated in your Flawless account. 

Gifts and promotional codes from Flawless can only be paid for in cash after giving out specific rules within the terms attached to the codes or if required to do so by law. Gifts and promotional codes offered by a partner are subject to that partner’s refund policies. If you have a number of saved credits, Flawless may choose which of your credits to apply against your purchase. Visit our Support Page and the terms included with your codes for more detailed information.  

4. Content and Behavior Rules

Use Flawless only for rightful purposes. You will be responsible for the content you publish on Flawless. The reviews, questions, posts, courses, and all other content uploaded must be in accordance with our Trust & Safety Guidelines and the law and must respect the intellectual property rights of others. For continuous or serious infractions, we may ban your account. If you think someone has infringed your copyright on our platform, let us know.

You may not access or use the Flawless services or create an account for any unlawful purpose. Your use of the Flawless services and any behavior on this platform must comply with the applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, this service allows you to ask questions to the instructor of any courses or other content for which you are enrolled and post reviews of that content. For certain content, your instructor may ask you to submit that content as “homework” or tests. Do not post or submit anything that is not yours.

If you’re an instructor, you can submit content for publication on the platform, and you can also communicate with the students who have enrolled in your courses or other content. In both cases, you must abide by the law and respect the rights of others. You cannot post any course, question, answer, review, or any other content that violates applicable local or national laws or regulations of your country. You alone are responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Understand all the copyright restrictions expressed in the Instructor Terms before putting in any content. 

You are hereby put on notice that if your course or content is to be found illegal or violating the rights of other people (for example, running into trouble because of infringing an intellectual property or image right of others or being about illegal activity), if we find any violation of our Trust & Safety Guidelines in your content or behavior, or if we have any good faith belief that your content or behavior is in any way illegal, inappropriate, or objectionable (including impersonation with intent for personal gain), we may take down your content from our platform. 

Flawless herewith uses discretion in complying with copyright dictates set out in various laws. Visit our Intellectual Property Policy for more information. Flawless may, at its discretion, enforce said Terms and further issue Notices with respect to any of the Trust & Safety Guidelines. Broadband may, with or without notice, restrict or terminate your permission to use our platform and Services, or ban your account, at any time and for any or no reason, including, but not limited to: for any violation of these Terms; for failure to promptly pay us any fees due; for fraudulent chargeback requests; at the request of law enforcement or government agencies; for extended periods of inactivity; for unexpected technical issues or problems; if we suspect you are engaging in fraudulent or illegal activities; or for any other reason in our sole discretion. 

If terminated for any reason, we may disconnect your account and content and deny you any further access to the platforms and the use of our services. Such content may still be available on the platforms even if your account was terminated or suspended. You agree that we will have no liability to you or any third party for the termination of your account, removal of your content, or blocking of your access to our platforms and services. 

5. Flawless’s Rights to Content You Post

When you post any content on the platform, including courses and reviews, you give authorization to Flawless to use the content and sell it to monetizers, promote it anywhere they want, including ads on other websites, and showcase that content to anyone. 

The content you publish really belongs to you, whether you are a student or an instructor. By posting the course material and other kinds of content, you make it possible for Flawless to reproduce and share it, yet you will not lose ownership rights that you may have in connection to the material. Instructors, especially, should make themselves aware of the provided content licensing terms framed in the Instructor Terms. 

When you post content, questions, ideas, suggestions for new features or improvements, or comments and reviews onto our servers, you are giving permission for Flawless to use and share that content and distribute and promote it any way they want. 

By submitting or posting content on or through the platform, you grant Flawless a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed, including without limitation television, the internet, and other related media) that you approve of and use your content for marketing purposes. Besides, you waive any rights of privacy, publicity, or other rights of a similar nature applicable to all such uses to the extent allowable under applicable law. You represent and warrant that you have all rights, power, and authority necessary to authorize us to use any content that you submit. 

6. Using Flawless at Your Own Risk

Flawless lets anyone create and publish content and interact with instructors and students in teaching and learning. Like other platforms where everybody can post content and interact, there is the possibility of something going wrong, and the decision to use Flawless is taken entirely at your own risk. 

Our platform model means that we have not reviewed or edited the content for any legal issues, and we indeed cannot determine any legality of the content. We do not exercise any editorial control over the content that is available on the platform, and hence in no way do we guarantee the reliability, validity, accuracy, or truthfulness of the content. If you access any of that content, you rely on any information provided by an instructor at your own risk. 

Your access to the services may expose you to content that you might find offensive, indecent, or objectionable. Flawless has no responsibility to keep that content from you or to bear such liability concerning any of your access or enrollment in any particular course or other content to the extent permitted by law. The same applies to all content regarding health, wellness, and physical exercise. You acknowledge the natural risks and dangers in the strenuous nature of these types of content; by accessing such content, you voluntarily choose to assume those risks, including illnesses, bodily injury, disability, or even death. You assume full responsibility for your choices before, during, and after you access the content. 

If you interact directly with a student or an instructor, you have to be cautious about the types of personal information you share. While we limit the types of information instructors may impose upon students, we do not control what students and instructors do with the information they obtain from other users on the platform. Thus, do not share your email or other personal information yourself for your safety.

We do not hire or employ instructors or are responsible and liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

While using our services, links to other websites that we do not own or control are included. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies. 

7. Flawless’s Rights

We own the Flawless platform and Services, which include the website, current or future apps and services, the logos, API, code, and content created by our employees. Do not tamper with them or use them without authorization.  

Simply by way of example, title, and interest in and to the Flawless platform and Services, including the website, the existing or future applications, the APIs, databases, and the content submitted or provided by our employees or partners through our Services (except content provided by instructors and students), shall remain the exclusive property of Flawless and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of the United States and other countries. You have no right to use the Flawless name, any of the trademarks of Flawless, any of the logos, any of the domain names, or any of the other distinctive brand features of Flawless. Any feedback, comments, or suggestions you provide about Flawless or the Services are entirely voluntary; we are free to use the feedback, comments, or suggestions as we deem fit without any obligation to you.

You may not do any of the following while accessing or using the Flawless platform and services: 

• access, tamper with, or use non-public areas of the platform (including content storage), Flawless’s computer systems, or the technical delivery systems of Flawless’s service providers. 
• Disable, interfere with or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems. 
• Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Flawless platform or services. 
• Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the services. 
• In any way, use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Flawless) or interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services. 

8. Subscription Terms

This section contains any other definitions that apply to your conduct with our Subscription Plans related to collections as a student. Under Subscription Plans, you agree to the extra terms included in this frame. Note that Flawless Business is governed by a contract between Flawless and the subscribing organization, which is not governed by these Terms. 

8.1 Subscription Plans

During the subscription to a Subscription Plan, you receive a limited, nonexclusive, non-transferable license from us for accessing and viewing the content included in that Subscription Plan through the Services. Except for the lifetime access license granted above, the terms that apply to enrollments through Subscription Plans are set in the section “Content Enrollment and Lifetime Access.” 

Your Subscription Plan may include access to interactive environments, such as workspaces (“Interactive Sessions”). Interactive Sessions may be provided by a third party, subject to its own agreement or terms and conditions, and subject to usage limitations outlined on our Support Page. You’re responsible for complying with the terms and conditions of any third party provider. 

Your Subscription Plan may also include access to our GenAI Features (defined below). Your use of these subsections is subject to the terms included in the Generative AI Terms section below. 

The subscription you buy or renew picks the scope, features, and price of your access to a Subscription Plan. You cannot transfer, assign, or share your subscription with anyone else. 

We maintain our right to revoke any of the above content into the Subscription Plans, legally and per policy, at any time and in our sole discretion, in case we no longer hold the right to supply the content through a Subscription Plan. Further information concerning our right to revoke consists of the “Content Enrollment and Lifetime Access” section.

8.2 Account Management

You may cancel your subscription by following the steps outlined on our Support Page. If you decide to cancel your Subscription Plan, your access to that plan will automatically end on the last day of your billing period. There will be no refunds or credits given for any fees already paid upon cancellation, unless required by applicable law. Just for clarity, it’s worth mentioning that canceling a Subscription will not terminate your Flawless account. 

8.3 Free Trials & Renewals

When a subscription is created, a free trial may or may not start during that time. The duration of the free trial period for your subscription would be mentioned during sign-up. Flawless is solely responsible for deciding eligibility for the free trial and may limit access, eligibility, or duration. 

We reserve the right to terminate the free trial and suspend your subscription if we determine you’re not eligible. Your subscription will automatically renew according to your Subscription settings (e.g., monthly or annually) unless you cancel your subscription before the end of that free trial period. We will charge you the subscription fee for your next billing cycle at the end of the free trial period. For applicable fees and date ranges of your free trial period, refer to our Support Page for further info. 

8.4 Payments and Billing

The fees applied to your subscription, as well as their dates, will be displayed when you purchase it, and you can visit our Support Page to learn more. We may also be required to apply taxes on your subscription fee, as per the “Payments, Credits, and Refunds” section mentioned above. Payments for subscription plans are non-refundable and do not grant any refunds or credits for partially used periods unless required by applicable law. Depending on where you are based, you might qualify for a refund. For details, refer to our Refund Policy for Subscription Plans. 

To subscribe to a Subscription Plan, it is required that you provide payment information. When you subscribe to a Subscription Plan and provide your billing information during checkout, you grant us and our payment service providers the right to charge your then-current payment method for the applicable subscription fees. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method to collect the then-applicable fees. 

In the event we use information provided by our payment service provider to update your payment method, you allow us to continue charging the then-applicable fee to your new updated payment method. 

Should we fail to collect payments through any valid method we have on record for you, or should you file for a chargeback against a charge to your payment method that is ruled in your favor, we may suspend or even terminate your subscription. 

We retain the sole power to change our Subscription Plans or adjust pricing for our services at our full and exclusive discretion. Price changes or changes to your subscription will take effect following a notice provided to you unless otherwise required by applicable law.  

8.5 Interactive Session Restrictions

To access or use the Interactive Sessions, the user shall not:

• use the Interactive Sessions for purposes other than performing the activities as prescribed by Flawless’s labs;
• provide web, database, or forum access or engage in cryptocurrency mining, whether through or on the Interactive Sessions;
• exceed the usage limitations as detailed on its Support Page;
• access or use the Interactive Sessions in any commercial production environment;
• take any action on the Interactive Sessions leading to disruption or interruption of our Service or compromising the infrastructure stability; or
• use any data or information other than simulated, anonymous, nonpersonal, nonlive data or information when accessing or using the Interactive Sessions. These restrictions are additional to those stated in other sections of these Terms, including but not limited to the sections entitled “Content and Behavior Rules” and “Flawless’s Rights” above.

8.6 Subscription Disclaimers

We do not guarantee the availability of any specific content within a Subscription Plan or even the presence of any minimum content amount within a Subscription Plan. In the future, we reserve the right to either provide additional features to or discontinue such features from any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. We will not be responsible for the preservation and storage of any content you input while using any Subscription Plan. These disclaimers are in addition to the ones specified below in the “Disclaimers” section.

9. Generative AI Terms

This section talks about other terms that apply to your use of generative AI features in our Services (“GenAI Features”). By accessing or using any GenAI Feature, you agree with the additional terms set forth in this section. 

9.1 Inputs and Outputs

You use or upload content (input”). The GenAI Features are intended to generate output (text and so on) within the services; it will process the input to produce output (text and so on). You own the input you create and are assigning Flawless the rights described in the above-mentioned section, Flawless’s rights with respect to Content You Posted, which permits us to use the input just the same as any other part of content you deliver or post on or through our platform. Flawless gives you a license, which is limited or not transferable, non-sublicensable to access GenAI features and output in accordance with these terms and only for personal, non-commercial, educational uses in and through the Services. 

9.2 No Model Training or Fine-tuning

Flawless does not use your personal data for training or fine-tuning the generative AI models used for the GenAI Features. In the event that this was to ever change, Flawless would only use your personal data to train or fine-tune the generative AI models if we had an appropriate legal basis for so doing. In certain cases, we would depend on your consent and afford you the ability to withdraw that consent. In others, we may rely on other legal bases, like legitimate interest or contractual necessity, providing you an opportunity to opt-out. 

9.3 GenAI Feature Restrictions

You cannot do any of the following while accessing or using the GenAI features: 

• Use the GenAI tools or output in a manner that violates or could reasonably lead to the violation of the Terms or any applicable laws or regulations, including the infringement, misappropriation, or violation of the rights of others. 
• Represent that the output was human-generated when it was not. 
• Submit any input that contains personal or sensitive information. 
• Deceive, mislead, harass, or harm others in any way. 
• Automatically or programmatically extract data or output. 
• Use the GenAI features or output to develop models or for machine learning or model training purposes that compete with Flawless. 
• Circumvent any restrictions or protective measures of the GenAI features; or use the GenAI features or output to make, or as a substantial factor in making, consequential decisions in areas affecting material or individual rights or well-being, such as finance; legal; educational; employment; healthcare; housing; insurance; or social welfare. 

These restrictions are in addition to those contained elsewhere in these Terms: The Content and Behavior Rules and Flawless’s Rights sections above. 

9.4 GenAI Feature Disclaimers

To the extent permitted by law, we disclaim, with respect to these and all other matters, any liability for damages whatsoever that might occur from your use of the GenAI Features or Output. You acknowledge and agree that the GenAI Features could produce Output that is not valuable, that is incorrect or misleading, with you being responsible for the review process that a given Output must go under before being relied upon. The Output may not be unique, as others use the GenAI Features and may generate the same or similar Output. At any point in the future, we expressly reserve the right to limit, suspend, terminate, or otherwise modify your access to the GenAI Features at our sole option. In addition to the list of disclaimers contained in the “Disclaimers” section below, there are these with different purposes.

10. Miscellaneous Legal Terms

And, though extremely boring, these Terms contain nevertheless some significant legal terms, akin to any other contract, which shall protect us from any of the numerous unforeseen possibilities as well as clarify our relations with you in a legal sense. 

10.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Flawless. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services. 

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. 

Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the English language will control if there is any conflict. 

These Terms contain all agreements between you and us (which include, if you are an instructor, the Instructor Terms, Promotions Policy, and Instructor GenAI Policy). 

If any Part of these Terms is deemed invalid or unenforceable by applicable law, such provision will be deemed to supersede in a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

Even if we are late to the party regarding our rights or fail to exercise a right in a particular case, this does not mean that we have waived our rights under these Terms, and we may choose to enforce any of them in the future. If we choose to waive any of our rights regarding that instance, this does not constitute a waiver of our rights in general or in the future. 

10.2 Disclaimers

From time to time, our platform could go down, be it for planned maintenance or due to a server failure. An instructor may be guilty of making inaccurate claims in their material. Security issues, among other matters, may come up. These are just examples of the types of things that might have happened. You accept not to have any proof against us in all the cases above where things do not play out for the best. In legal, full-length: Services and their content are provided on the basis of “as is” and “as available.” We, and our affiliates, suppliers, partners, and agents, make no representation or warranty whatsoever with respect to the suitability, reliability, availability, timeliness, security, freedom from error, and accuracy of the Services or their content, and we disclaim any warranties or conditions, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We, and our affiliates, suppliers, partners, and agents, make no warranty that you will get some specific results from the use of the Services. Your use of the Services, including any content, is exclusively at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 

We may decide to stop the availability of certain features of the Services at any time, for any reason. In no event shall Flawless, its affiliates, suppliers, partners, or agents be liable for any damages from such interruptions or unavailability of such features. 

We are not liable for delays by causes of acts of war, hostility, or sabotage; natural disasters; electrical, internet, or telecommunication outages; or restrictions being imposed by a government. 

10.3 Limitation of Liability

Inevitably, there are risks associated with using our Services, including but not limited to physical injury arising from the use of yoga, meditation, and any other health and wellness materials profiled on our platform. By using the Services, you fully assume all such risks and will have no recourse for recovery of damages against us with respect to any loss or injury incurred or sustained, directly or indirectly, whether or not we were advised in advance therefor. To the extent permitted by applicable law, we (including our group companies, suppliers, partners, and agents) shall not be responsible for any indirect, incidental, punitive, or consequential damages that may occur, including but not limited to loss of data, revenues, profits, or opportunities, personal injury, or death, arising from contract, warranty, tort, product liability, or otherwise, and even if we have been advised of the possibility of such damages beforehand. Our liability and that of our group companies, suppliers, partners, and agents is limited under all circumstances to the higher of $100 USD or the amount you have paid us in the 12 months preceding the circumstances giving rise to your claims. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages; therefore, some of the above limitations may not apply to you.

10.4 Indemnification

Indemnification. When you do something that creates a problem for us, we may take a legal recourse against you. You agree to indemnify, defend, and hold harmless Flawless, our group companies, and their officers, directors, suppliers, partners, and agents from any third- party claims, demands, losses, damages, or expenses ( including reasonable attorney fees) resulting from: ( a) the content you post or submit; ( b) your use of the Services; ( c) your violation of these Terms; or ( d) your violation of any rights of a third party. Your indemnification obligation will survive until the termination of these Terms and your use of the Services. 

10.5 Governing Law and Jurisdiction

Whenever in the Terms reference is made to’ Flawless,’ it refers to that Flawless entity with which you are contracting. If you are a student, your contracting entity and the governing law will follow your residence country mainly. 

Except with respect to the specific situations highlighted below, if you loaded these Terms and are a student located in India, you will be contracting with Flawless India LLP and these Terms will be governed by the laws of India without regard to its choice or conflict of laws principles, and any of you consents to the exclusive jurisdiction and venue of the courts in Delhi, India.

If you are a student situated in a world location other than India, if you access our Services through one of our mobile applications (such as Flawless’s Android or iOS application) and the payment is processed through a mobile platform provider’s payment system; or if you access our Services in the capacity of an instructor, you will contract with Flawless, Inc., and these Terms shall be governed by the laws of the State of California, USA, without reference to its choice or conflict of law principles. In instances where the below “Dispute Resolution” clause does not apply to you, you consent to the exclusive jurisdiction of the state and federal courts of Austin, Texas 78731, for the purpose of conducting any litigation or hearing proceedings related to any dispute with us or between you and us.

10.6 Legal Actions and Notices

A party cannot bring forth any action under this Agreement, irrespective of its nature, after one year has elapsed since the reason for submitting such action came into existence unless the law provides otherwise.

Any notice or other communication regarding this matter will be sent in writing by registered or certified mail with return receipt requested, or by email (by us to the email connected to your account or by you to info@flawless-ed.com).

10.7 Relationship Between Us

The parties agree, no joint venture, partnership, employment or contractual relationship, or agency relationship exists between us.

10.8 No Assignment

You are not to assign or transfer these Terms in any way or form (including the rights and licenses granted under them) to any other person. For example, if you registered an account as an employee of a company, your account cannot be transferred to any other employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third party. You agree that your account is nontransferable and that upon your death, everything is automatically extinguished for this account and any associated rights to it under these Terms. 

10.9 Sanctions and Export Laws

You warrant that you (either yourself or as a representative for any entity on whose behalf you are using the Services) aren’t located in or are not a resident of any country to which applicable U.S. trade sanctions or embargoes apply, including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions. You also warrant that you are not any individual or entity named on any U.S.-specifically designated national or denied-party list. 

If at any time during the duration of any agreement with Flawless you become subject to such a restriction, you must notify us within 24 hours of receiving such restriction, and we shall have a right to terminate any further obligations to you immediately without incurring further liability to you, except for any outstanding obligations owed to Flawless. 

You may not, directly or indirectly, access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials in violation of the laws, rules, and regulations governing United States and other applicable country export control and trade sanctions. You promise that you will not upload any content or technology, including information about encryption, whose export is specifically controlled under such laws.

10.10 Recommendation Systems

Our recommendation systems suggest content that we think may be of interest to you based on factors such as content you’ve interacted with and searches you’ve made on our platform, content other users have interacted with on our platform, and information you’ve provided us while interacting with our website or apps. 

11. Dispute Resolution

In the event of a dispute, our Support Team will gladly assist you in the settling of the dispute. In case of that failing, users located in the United States or Canada may proceed with either a small claims action or with a binding individual arbitration to settle their claims; users cannot proceed with such claims in a different court or take part in a class action lawsuit against us as a class member with respect to the claim. 

This Dispute Resolution section (“Dispute Resolution Agreement”) only applies to residents of the United States or Canada. Most disputes will be resolved, but, prior to instituting any legal proceedings, make sure to contact our Support Team first. 

11.1 Dispute Resolution Overview

Flawless from the very start has been very willing to go the extra mile in trying to resolve any dispute concerns raised by its users as informally as possible without filing any formal legal cases. Wherever possible, Flawless and its users shall use good faith principles in trying to resolve their dispute fairly and equitably by the mandatory informal dispute resolution procedure. Sometimes a neutral third party might be of help in getting our dispute resolved. This is to say that this Dispute Resolution Agreement limits the manner in which any such dispute can be settled. 

YOU AND Flawless AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES THAT MAY ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE FORMALITY OF THESE TERMS, THE BREACH THEREOF, THE TERMINATION THEREOF, THE VALIDITY THEREOF, THE ENFORCEMENT THEREOF, OR WITH RESPECT TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH Flawless, SHALL BE RESOLVED BY DISPUTES THAT HAVE NOT BEEN SOLVED INFORMALLY SOLELY IN SMALL CLAIMS COURT OR BINDING INDIVIDUAL ARBITRATION, AND BY AGREEING TO WAIVE THE RIGHT OF A TRIAL BY JURY AND ANOTHER COURT WHERE A CASE IS TO BE FILED.

The parties and Flawless have further agreed that all disputes between them should not be heard in a group capacity beyond an individual dispute, whether on judicial or arbitration terms. 

The parties and Flawless agree this Dispute Resolution Agreement applies to all of us and to all of our agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for or on behalf of you and Flawless. This Agreement is binding on both your and Flawless’s respective heirs, successors, and assigns and is governed by the Federal Arbitration Act. 

11.2 Mandatory Informal Dispute Resolution Process

The claiming party must first send to the other a short, written statement (hereinafter referred to as the “Claim Statement”) containing their complete name, mailing address, and email address, to include the following: (a) A brief description of the nature and particulars of the Dispute; and (b) Any proposal for resolving such a Dispute, including a statement of any money being claimed and the method by which such dollar amount was derived. The sending of a Claim Statement stays the running of any applicable statute of limitations for a period of 60 days beginning with the date of receipt of the Claim Statement. You must send your Claim Statement by email to Flawless at info@flawless-ed.com. You can also send it by certified mail to Flawless, Attn: 5900 Balcones Drive, STE 100, Austin, Texas 78731. Flawless shall likewise send Claim Statements and respond to you at the email address associated with your Flawless account, unless you request otherwise. Upon receipt by either of us of a Claim Statement, the parties shall attempt in good faith to resolve such a Claim Statement informally. If, however, no mutual acceptable terms are then obtained within 60 days from receipt thereof, each of us actively retains the express right to initiate a formal claim against the other in either small claims court or individual arbitration, subject to the provisions of this Dispute Resolution Agreement. 

In the event of failure to fulfill such an informal resolution process, such will amount to material breach of the Terms, and therefore no court or arbitrator shall possess any jurisdiction to hear and resolve any Disputes between you and Flawless.

11.3 Small Claims

Disputes which are raised and are not resolved through the required informal dispute resolution process may be brought in small claims court in: (a) Austin, Texas; (b) the county where you reside; or (c) another location that we both agree on. We each waive the possibility of bringing any Disputes between us in courts other than small claims courts, including courts of general or special jurisdiction.

11.4 Arbitration

As the only alternative to small claims court, you and Flawless will have the right to resolve Disputes by means of individual arbitration. While there will be no judge or jury in an arbitration, the arbitrator has power over awarding just as same individual relief, and must carry out our agreement which should equally apply as a court. In the event one of us wishes to lodge a Dispute in any venue bar small claims court, the other may then ask a court to compel both of us to arbitration. Either party may also request a court to stay court proceedings while arbitration is pending. To the extent a cause of action or a claim for relief cannot be addressed in arbitration, you and Flawless will mutually agree, and the parties very much like it, that all court proceedings be stayed during arbitration over all arbitrable causes of action and claims for relief. Nothing in this Dispute Resolution Agreement shall limit the individual relief available to either party in arbitration or small claims court. 

In the event that Flawless and yourself hold divergent opinions as to whether an arbitrable Dispute exists, as to the precise scope and powers of the arbitrator, or as to the legality or validity of any feature of this Dispute Solution Agreement, all of such disagreements shall be resolved only by the arbitrator, to the largest extent allowed by law; including, but not restricted to, the disputes over or pertaining to the inception, state of legality, understanding, and legality of this Dispute Solution Agreement. This clause will not impact the processes for contesting any arbitration which does not commence properly. 

Any court of competent jurisdiction has the authority to confirm this Dispute Solution Agreement requirements to stop from filing or continuing litigations to pursue arbitration and any assessment of fees incurred in any arbitration/mediation that is not within the boundaries of this Dispute Solution Agreement. 

Should for any reason the AAA or another arbitration organization or arbitrator be unable to officiate on any required arbitration under this Dispute Resolution Agreement, you and Flawless will negotiate in good faith on the substitution of another organization or individual that will officiate on the arbitration. Should you and Flawless fail to agree on a substitution, either of you may seek an order from a competent jurisdiction to appoint an organization or individual to officiate on the arbitration in a manner consistent with this Dispute Resolution Agreement for a cost that will rival such organization or arbitral authority designated. 

11.5 General Arbitration Rules

Depending on whether your claim is pursued individually or as part of a Mass Arbitration, the arbitration process will differ. Except in the case of Mass Arbitration, the general arbitration rules outlined in this section (“General Arbitration Rules”) shall control.

All arbitrations shall be handled by a sole arbitrator. Except as otherwise provided in this Dispute Resolution Agreement, a party choosing arbitration must initiate proceedings by filing an arbitration demand with the AAA. Arbitrations of consumers will be governed by these Terms along with the AAA Consumer Arbitration Rules & AAA Consumer Due Process Protocol. On the other hand, arbitrations involving all others, including instructors, will follow these Terms along with the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. In case of any conflict between these Terms and any of the applicable AAA rules and protocols, these Terms will apply.

Disputes involving claims for less than $15,000 USD in compensatory or statutory damages (excluding attorneys’ fees as well as incidental, consequential, punitive or exemplary damages, and any damage multipliers) must be decided exclusively and decidedly through binding, non-appearance-based individual arbitration based solely on the written submissions of the parties involved. All other arbitrations will be conducted by phone, video conference, or based solely on written submissions. The judgment on an arbitrator’s award may be entered by any court that has jurisdiction to do so.

The claiming party must send a letter constructively outlining the Dispute and demanding arbitration to America’s AAA Case-Filing Services, 1101 Laurel Oak Road; Suite 100; Voorhees, NJ 08043, or file a request online through the AAA website.

11.6 Mass Arbitration Rules

If claims on behalf of a Mass Arbitration claimant individual or their lawyer reach or come close to 25 cases against Flawless with similarities in material terms, and representation by the same lawyer or coordination of representation across the cases raised, special rules will come into play for Mass Arbitration. 

Each such Mass Arbitration claimant shall first undertake the informal dispute resolution process set forth herein in this This Dispute Resolution Agreement. Counsel for the claimants shall present one Claim Statement on behalf of all the Mass Arbitration claimants, detailing the putative list of all Mass Arbitration claimants and including their full names, mailing addresses, and email addresses. 

The Mass Arbitration claimants shall proceed to arbitration under “bellwether procedures” which allow a group of up to 10 claimants to arbitrate their claims, all to be followed by a mandatory mediation process that would grant the resolution of the Disputes over the Mass Arbitration claimants. From the date the Mass Arbitration claimants submit their Claim Statement until close of the mandatory mediation process, all statutes of limitation applying to the Mass Arbitration claimants’ Disputes shall be tolled. Both Mass Arbitration counsel and counsel for Flawless shall separately select up to five possible claimants for bellwether arbitration that shall not exceed a total of 10, for timely determination in separate bellwether-arbitrated cases, with each case assigned to its own arbitrator, performed under the General Arbitration Rules. Such cases that follow with filing for arbitration need to be dismissed without prejudice” before progression to the bellwether arbitration process may commence. Each carrying out its bellwether arbitration, linked arbitration between their bellwether contestants must be settled in no longer than 120 days, during which time no demands for arbitration from any other by Mass Arbitration claimants may commence until the marching forward bellwether arbitration, which shall follow a mandatory mediation process. 

The parties shall first engage in nonbinding private mediation with the AAA according to the AAA’s then-current Mediation Procedures for at least 60 days in good faith in order to resolve all Disputes of Mass Arbitration claimants after the resolution of the 10 bellwether cases. This mediation will only be directed by the AAA or fair and mutual arbitration, mostly involving Flawless and the Mass Arbitration claimants, relating to another mediator and/or mediation procedure. 

Mediation is expected to occur over a period of at least 60 days by mediation under the AAA rules and should be conducted by AAA according to its then-current Mediation Procedures, but the parties-heralded here as Flawless and Mass Arbitration claimants-may mutually agree to designate another mediator and/or mediation process. 

In case the bellwether arbitrations and subsequent mediation do not settle the Disputes of all Mass Arbitration claimants, then those remaining unresolved shall just pursue their stake in dispute on an individual basis either in small claims court or FairClaims, Inc. (“FairClaims”), and not with AAA or any other arbitrational organization or arbitrator under FairClaims’ Small Claims Rules & Procedures, and to the maximum further extent possible, should some action that causes claim relief be impossible to adjudicate under FairClaims’ Small Claims Rules & Procedures, you and Flawless concur that it shall be held in abeyance all court proceedings between claimants of Mass Arbitration and Flawless until the final arbitration resolution about all such arbitrable actions and claims for relief are done with FairClaims.

11.7 Fees and Costs

The parties agree that in the event of a dispute, each shall bear its own costs and attorney’s fees, except that either party may recover fees and costs as allowed by applicable law. If a court or arbitrator finds that the arbitration has been undertaken or threatened in bad faith or that the demands are frivolous or brought for improper purposes, they may, to the full extent permitted by law, award attorney’s fees to the defending party just as any court may.

11.8 No Class Actions

Except as expressly described for you in connection with the Mass Arbitration Rules, the parties mutually agree to permit only individual claims against each other. This means, in short: a) neither of us may be a plaintiff or class member in a formed class action or consolidated action or as a representative; b) an arbitrator will not have the ability to combine claims from multiple parties into one case or run any consolidated, class, or representative action; and c) an arbitrator’s decision or award of a particular case can only decide the disputes of that particular user. actionable item: Consider holding any disputes through binding arbitration in a class-action-free environment.

11.9 Changes

You may reject any change to this “Dispute Resolution” section if Flawless makes any amendment to it after the date you last indicated acceptance to these Terms, by providing Flawless written notice of such rejection by either mail addressed to Flawless Attn: 5900 Balcones Drive, STE 100, Austin, Texas 78731 or delivery to Flawless, or by email from the email associated with your Flawless account to info@flawless-ed.com within 30 days of the date such change became effective, as indicated by the “last updated on” language set forth above. Such notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting such change, you agree to arbitrate any and all disputes between you and Flawless according to this “Dispute Resolution” section as it existed at the time you last accepted these Terms.

11.10 Improperly Commenced Arbitration

If either party believes that the other has instituted-or threatens to institute-an arbitration in violation of this Dispute Resolution Agreement, or either party has reason to believe an improperly commenced arbitration is imminent, then the party against whom such arbitration has been or will be commenced may obtain from the court of competent jurisdiction an order restraining the filing or continuation of such arbitration, and awarding all fees and costs incurred by that party-including reasonable attorneys’ fees-in connection with seeking such order.

12. Updating These Terms

These Terms may be updated from time to time to clarify our practices or to reflect new ones or different ones as when we build new features Flawless reserves the right solely, at its own discretion, to change these Terms at any time. In case we make any material changes, we will notify you through personal notification, such as through email notice sent to your account or other prominent means, including but not limited to posting a notice through our Services. Modifications will become effective on the day they are posted within the Services unless stated otherwise. 

Your continued use of our Services after changes take effect signifies your acceptance of those changes. Any revised Terms will apply to and override any prior Terms.

13. How to Contact Us

The best way to reach us is via the Support Team. We’d love to hear from you about any questions, comments, or suggestions concerning our services. 

Thank you for teaching and learning with us!