Terms of Use for FlutLab portal

Last modified on: 16.10.2020

Hello,

These Terms of Use (‘Terms’) constitute a legally binding contract between you as a user (‘User’ or ‘you’) of the https://flutlab.io/ (‘FlutLab’) and https://widgetbay.flutlab.io (‘WidgetBay’) hereinafter collectively referred to as the ‘Website’ or ‘Services’, and us, CodeGemz S.R.O., registered under the laws of the Slovak Republic and located at Šancová 4007/48, 811 05 Bratislava, Slovakia, registration number 2024122925 (‘we’, ‘Company’, ‘us’) as the owner of the Website. If you accept these Terms on behalf of a legal entity (company, organization, etc.), you warrant that you have authority to act on behalf of the relevant legal entity. In this case, "you" and "your" refer to that legal entity.

The Terms govern your rights and duties concerning your use of the Website and services we provide via the Website. Please read these Terms carefully before using our Website. By accessing our Website, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, please do not use the Website.

Should you have any questions regarding the use of the Website, these Terms or any services provided by FlutLab, please drop us a line at support@codegemz.com.

Your use of the Website

Privacy. The Company is committed to protecting your privacy. To find out how we collect and process your personal data, and what are your rights regarding your personal data, please see our Privacy Policy and Cookies Policy.

Eligibility. You hereby confirm that you are an individual, or that you represent a legal person or other organization with the full capacity under the applicable law of your residence to be bound by the Terms. If you do not have the said capacity, you or your parents or principal (where applicable) shall undertake all the consequences resulting from your acceptance of the Terms. The Website is intended for persons above the age of legal majority. If you are under the age of 18 (or under other age of majority under the law of your country), you may use the Website only with the consent of your legal guardian (parents or principal). You represent and warrant that your legal guardian has read, understood and agreed to these Terms.

Description of the Services

The Website. Our Website is the online platform that covers FlutLab and WidgetBay Services. The Services include: the Website using, the Website maintenance, as well as the user support and other information services as described herein. FlutLab Services provide the integrated development environment for the developers working in the Flutter programming platform and allows the users to upload, store, edit, run, compile and execute their programs using FlutLab’s functional.

WidgetBay Services is an online marketplace for the ready-to-use users’ projects (collectively referred to as the ‘Projects’ and severally as the ‘Project’) which the users sell or provide for free to other users under one of the standard permissive licenses that they choose. WidgetBay is subject to WidgetBay Terms (‘WidgetBay Terms’). In case of discrepancies between these Terms and the WidgetBay Terms, the last one shall prevail.

FlutLab Android Installer (or FlutLab Installer) is an Android application, available on Google Play market. This application is an extension of FlutLab website to easy the process of installation of Android applications developed with the help of FlutLab services. It reduces the routine efforts of removing, updating and deleting of such applications on one or many Android devices.

The user can install it's own applications from its own source codes as well as applications created by other users of FlutLab developers.

The user can install and delete FlutLab installer as any other Android application.

The user can connect and disconnect his device to any existing project on FlutLab using both FlutLab website and FlutLab Installer.

User should explicitly accept any installations pushed by FlutLab Website. Also user can remove any applications installed with the help of FlutLab installer.

All the other terms and conditions described for FlutLab website are applied for FlutLab Installer also because it (FlutLab Installer) is the logical extension of other FlutLab services and automations.

Updates. The Company reserves the right to update the Services in any way at its sole discretion. These Terms will also apply to any updates, enhancements, and new features on the Services not expressly mentioned hereunder and implemented after these Terms became effective.

Account and scope of the Services

Scope of the FlutLab Services. The scope of FlutLab's services and features depends on the Plan chosen by the User. You can learn more about our Plans under this link.

  1. ‘Anonymous’. You can use some of FlutLab’s services for free as Anonymous without creating an account. In particular, under this Plan the User can (i) create one new Project from the FlutLab’s templates, (ii) edit the code of that Project and (iii) test the created Project code on several build architecture systems as of WEB, iOS and Android. The number of the Project build runs for the User is limited.
  2. ‘Registered’. Some of the services and features will only be available once you have created and logged in the User Account. You will get the extended, but still limited access to the features of FlutLab. Under this Plan you can (i) create no more than two Projects from FlutLab's templates, (ii) upload the existing Project of the User as a ZIP file, (iii) edit the code of the Projects, (iv) store Projects' files, (v) build executables for Android, iOS and WEB, (vi) run WEB executable in the preview popup window, (vii) create the team with two members, share the Project with the other member for review and shared editing and chat with that team member.
  3. ‘Premium’ and ‘Platinum’ hereinafter collectively referred to as the ‘Paid Plans’. Other Website's features and services are available to the User only after purchasing a subscription to one of the Paid Plans of the FlutLab. The difference between the Paid Plans is at the numbers of the Projects and checkpoints, number of the possible team members and the build priority.

FlutLab Services also include other features available on the https://flutlab.io/ (pop-up messages, online Project chat etc.).

Registration. In order to benefit from the Services, you need to create the User Account on the Website. Also, you can register the User Account through your account on third-party social networking services, such as Facebook or Google. After the User Account is created, you will have access to the User Profile.

The User Account created on https://widgetbay.flutlab.io and https://flutlab.io/ are synchronized. By registering on WidgetBay you also get access to FlutLab and vice versa.

Business Account. You have a possibility to create a business account on behalf of your company, organization or other legal entity ( ‘Legal Entity’) that allows you to unite up to multiple single regular users under one Business Plan ( ‘Business Account’).

By creating a Business Account, you represent that (i) you have the authority to bind the Legal Entity and (ii) the Legal Entity has all requisite right, power, and authority to enter into, perform its obligations, and grant the rights and authorizations provided hereunder.

You may authorize others to create a User Account associated with your Business Account or add the already existing User Accounts to the list of the associated users.

Removal of the User Account. You can delete your User Account (both ordinary User Account and Business Account) at any time. This option is available in the User Profile.

From the moment you delete your User Account, all your data and content will be removed, including the Projects shared with other users (except for the back-ups of your User Account which we store for 60 days before the ultimate removal). The exceptions are your Projects copied by other users within WidgetBay (as and if allowed by you through the respective license). After the removal of the User Account, you won’t be able to restore any information therein, you can only create a new User Account.

Amendments. We may change our subscription Plans and the scope and price of the Services from time to time; however, any price changes or changes to your subscription Plans will apply no earlier than 30 days following notice to you.

Disclaimers as to the Liability for the User Account. You must ensure your use of the User Account comply with these Terms. You are responsible for all activities that occur under your Business Account and any associated User Accounts, and must ensure your users comply with these Terms.

You should not disclose your sign-in information to any third parties and you are solely responsible for keeping such information secure and confidential. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account. You are solely responsible for all and any activities conducted through your User Account. You shall not assign or otherwise transfer your User Account to the third parties in any case.

We highly recommend you not to place within your User Account the not required personal data that may let other people identify you. We will not be responsible for any harm caused due to the fact that you have provided us with extra information at your own discretion.

Payments, changing Plan, refunds

FlutLab Payments for the Plan

Prices and taxes. The prices of the Plans are specified under this link. The prices do not include the amount of applicable taxes you should pay when buying the subscription to the Plan in accordance with the applicable laws of your country.

Payment through the intermediary. The FlutLab Services within a chosen Plan will become available for you only after the payment is made in full. You have to pay at least for one month (‘Billing Period’). However, you can also pay for a subscription to the Plan for several months in advance if you wish. In that case, you can use the Plan continuously throughout these months.

You may choose a payment method from those proposed on the Website. Please take into account that all payments are carried out by the intermediary services and not the Company itself. We recommend that you carefully read the terms of service provision of the selected financial intermediary, as well as its privacy policies. Please pay attention that your relations with such financial intermediaries are governed by a separate agreement.

You should bear all costs charged by your bank (or financial intermediary) as may be necessary to enable the respective transaction.

After each successful payment, our financial intermediary will send you a receipt. A failure of payment may lead to cancellation of your Plan without prior notice to you.

Changing Plan. You are free to change (both upgrade and downgrade) your Plan at any time. To do so, you need to log-in into your User Account and choose this option in the User Profile.

When you request us to upgrade your current Plan, we will charge you with the difference in price between your current and the newly chosen Plan, to provide you with the requested services as soon as possible. New Plan will become effective immediately after you make the necessary payment.

When you request us to downgrade your Plan, we will activate the downgrade without undue delay. Herewith, we will not refund you with the difference in price but hold the prepaid amount as a balance tied to your account and set-off it against the future payments on the pro rata basis.

If you change the Paid Plan to the free one or cancel your Plan, we will send you an email with the information how to refund the portion of the payment, which corresponds to the unused months of the relevant Paid Plan subscription.

Refunds and WIthdrawal. If the User is a resident of the European Union and pays for the Plan, the User is entitled to cancel the purchase within 14 days of the date the User made the order (‘Withdrawal Period’). However, this right will not apply where the User accesses and uses the services available under the Plan in any way before the end of the Withdrawal Period.

We give our Users an option to delete their User Account, even if they are subscribed to the Paid Plan, and get a refund. In such a case, the Paid Plan will be terminated on the day of the User Account removal, and we will refund a portion of the payment, which corresponds to the unused months of the Plan subscription.

We are not generally obliged to make a refund when:

  • your request is based on your mistake; or
  • you lack the expertise to use our Services; or
  • you have changed your mind regarding the use of the Services, or
  • you have breached these Terms.

Prohibited Conduct.

By using the Website, you agree not to:

  • upload any viruses or malicious code or do anything else that will negatively affect the Website, impair the functionality of the Website or compromise the data of the Company or other Users;
  • commercially exploit the Materials of the Website (as indicated above) in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way;
  • amend, disassemble or do derivative works provided on the Website;
  • use the Website in any unlawful manner, in particular, by violating the rights of the others;
  • perform acts aimed at breach of normal functioning of the Website or leading to the violation of applicable laws, both using software and through your direct acts within the Website, or perform any other illegal acts;
  • facilitate or support any of the actions described above.

You also agree not to access the Website using any means other than the interface provided by us unless you have been specifically allowed to do so in a separate agreement with the Company. You expressly agree not to access the Website through any automated means (including use of scripts, crawlers or similar technologies from time to time).

The content displayed and/or processed through your application or through other website utilizing the Services, as well as the content displayed when publishing the reviews, sending messages to other Users or to the Company etc. shall not contain any of the following types of content:

  • Content that infringes a third party's rights (e.g., copyright) according to applicable law;
  • Excessively profane content;
  • Hate-related or violent content;
  • Content advocating racial or ethnic intolerance;
  • Content intended to advocate or advance computer hacking or cracking;
  • Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  • Phishing;
  • Malicious content;
  • Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Intellectual property

Your Content. You own all right (including, all intellectual property rights) to the content (your Projects, source code files, pictures, technical documents, configuration files, access configuration files, video, sound files etc.) you create using the Website and/or any content you post to the Website (collectively,‘Your Content’).

Access to Your Content within the Website is available to you and the users with whom you voluntarily shared Your Content (your team members, WidgetBay users if you have posted Your Content there).

Your Content is also accessed by our team members in order to provide technical support and similar services to ensure the Website functions properly and the Services are provided on the high level. We take all the necessary organizational and technical measures to ensure that the members of our team do not use Your Content in any other way or for any other purposes. We also take the necessary technical measures to ensure that Your Content will not be made available to any third party without your consent. However, we cannot and will not be responsible for the actions of such third parties and cannot guarantee that Your Content will not be available to such third parties as a result of their illegal activities (hacking and other similar incidents). You upload Your Content to the Services at your own risk. We recommend making copies of Your Content where reasonable.

User License. You grant the Company a worldwide, non-exclusive, irrevocable and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use your data and Your Content collected by Company or provided by you by your use of the Website in order to provide, operate, develop, improve, and/or optimize of our Website, and otherwise as permitted by our Privacy Policy and Cookies Policy ('User License'). The User grants the User License to the Company for the term when the User uses the Website and 60 days after the deletion of the User Account.

Company’s Content. The Website is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (‘Materials’) provided by the Company are protected by intellectual property and other laws. All Materials included in the Website are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.

Company’s License. The Company grants you a non-transferable, non-exclusive, revocable, worldwide, limited license to access the Website and use the Services in the ways described in these Terms (‘Company’s License’). The Company grants the Company’s License for the term of the Website using subject to the terms of your Plan.

Back-ups

We are not responsible for the content published on the Website or provided by the User through the Website to other Users. In no event shall we be held liable for any loss of Your Content. It is your sole responsibility to maintain appropriate backup of Your Content.

Notwithstanding the preceding, in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a specific date and time when we may have backed up data for our own purposes (but not later than 60 days after removal of you User Account or any part of Your Content. We make no guarantee that the data you need will 100% be available.

Integrations: VCS and Figma

GitHub, Bitbucket and GitLab are supported Version Control System portals (VCS for short).

The Website is connected to VCS API to allow you to import, commit, and make pull requests to VCS repositories. You can import the whole repository or just separate Projects. The User can import data both from public and private VCS repositories, as well as export data to public and private VCS repositories.

Imported Projects will not automatically stay in sync with the VCS repository; you should take care of synchronization of your code with VCS

If you are a user of Figma, we can also provide you with the opportunity to upload your Projects from Figma to your User Profile; please note that unlike VCS, you cannot upload your Projects from User Profile to Figma.

If you want to use your Figma projects, we need the access to your Figma user token. To provide us access to your Figma token, you should copy and paste token code on the FlutLab. After this you can convert your project from Figma to Flutter code. We will not pass your Figma token to third-party or use it for the purposes other than importing the Projects to your User Profile from Figma.

Third-Party Links

You may have an opportunity to leave the FlutLab and WidgetBay Services via the links to third- party websites and services. For instance, we may provide you with links to our profiles in social media, repositories on VCS and Figma, or official documentation concerning programming tools and libraries we use.

Such third-party links are not under the control of the Company, and the Company is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by the Company of such third- party websites.

You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including conditions of the third party’s privacy and data gathering practices. We recommend you reading any such terms and policies carefully before using the respective third- party website.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (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; (d) Data; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence 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 defence of those claims.

General Disclaimers and Limitations of Liability

You use the Services at your own risk and subject to the disclaimers set in these Terms.

The Services are provided on an "as-is" and "as available" basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Website or Services on all platforms, for all devices or under certain specific conditions.

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Services. In addition, there is no warranty or condition as to the correspondence to description.

You use any such data and content and take any decisions based on themat your own risk. We disclaim any liability of the Company for such use of materials.

To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.

In case any claims or actions concerning breach by the User of their obligations hereunder are brought against the Company, the Company shall immediately inform the User of that. All costs and expenses related to settlement of the specified claims, actions and/or legal proceedings shall be borne by that User. The User shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to occurrence of the circumstances specified herein.

Amendments

The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check this Agreement periodically for changes. If you continue to use the Services after such amendments are made, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company by the applicable law to obtain your explicit consent to the amendments. The Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.

Applicable Law and Dispute Resolution

By visiting the Website, you agree that the laws of Slovak Republic will govern these Terms and any dispute of any sort that might arise between you and the Company.

All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Company at support@codegemz.comshall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of the Slovak Republic.

Termination

These Terms shall be valid until the provision of the Services is terminated either by you or us.

Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the Terms, or any of the obligation under these Terms or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.

Contact Information

Company name: CodeGemz S.R.O.
Šancová 4007/48, 811 05
Bratislava, Slovakia.

Email: support@codegemz.com