Terms of Service

Overview

This website and the software and digital products offered through it are operated by Aqua Flamingo Labs Inc., a corporation incorporated under the laws of Ontario, Canada ("Aqua Flamingo Labs", "we", "us" or "our"). We offer this website at aquaflamingolabs.com, and all information, software, applications (including MatchCut FCP and, once launched, Chord Finance), digital products, tools and related services available from it (together, the "Services"), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, downloading or using our software, or purchasing something from us, you agree to be bound by these Terms of Service (the "Terms"), including any additional terms, licences and policies referenced here or available by hyperlink. These Terms apply to all users of the Services, including browsers, customers and purchasers.

Please read these Terms carefully before accessing or using the Services. If you do not agree to all of these Terms, you may not access the website or use the Services. Any new features or tools we add are also subject to these Terms. We may update, change or replace any part of these Terms by posting changes on our website. It is your responsibility to check this page periodically. Your continued use of the Services after changes are posted means you accept them.

The Learning to DJ brand, which is operated by Aqua Flamingo Labs Inc. under a registered trade name, is governed by its own terms and privacy policy. These Terms apply to Aqua Flamingo Labs Inc.'s software and other Services, and where Learning to DJ's own terms conflict with these Terms for Learning to DJ products, Learning to DJ's terms apply to those products.

1. Online terms

By agreeing to these Terms, you represent that you are at least the age of majority in your province, state or territory of residence, or that you are the age of majority there and have given us your consent to allow any of your minor dependants to use the Services.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws) in your use of the Services.

You must not transmit any worms, viruses or code of a destructive nature.

A breach or violation of any of these Terms will result in the immediate termination of your access to the Services.

2. General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is processed by our payment providers and is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without our express written permission.

The headings used in these Terms are for convenience only and do not limit or affect them.

3. Software, end user licence agreements and intellectual property

Each software product we offer is licensed to you, not sold, under its own end user licence agreement ("EULA"), which you accept when you purchase, activate, download or install the product. The EULA sets out the licence grant, restrictions and product-specific terms. If these Terms and an EULA conflict regarding your use of that software, the EULA governs; these Terms govern everything else, including our website, purchases, refunds and payments.

All rights, title and interest in the Services, including software, designs, text, graphics, logos and trademarks, belong to Aqua Flamingo Labs Inc. or its licensors. Nothing in these Terms transfers any ownership to you. Third-party and open-source components included in our software remain subject to their own licences.

You keep ownership of your own files, media and financial records that you use with the software. We do not claim ownership of them.

4. Accuracy, completeness and timeliness of information

We are not responsible if information made available through the Services is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on the material is at your own risk. We may modify the contents of the Services at any time but have no obligation to update any information.

5. Modifications to the Services and prices

Prices for our products are subject to change without notice. We may modify or discontinue the Services (or any part) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

6. Products, orders and refunds

Our products are digital. No physical goods are shipped.

Refunds. We offer a 30-day refund on purchases made directly from us or through our storefronts. To request a refund, email hello@aquaflamingolabs.com within 30 days of purchase with your order details. After a refund, your licence or access to the refunded product ends. We may decline refund requests we reasonably believe to be abusive or fraudulent. Where a purchase was made through a third-party platform, such as the Apple App Store, that platform's refund terms and process may apply instead of, or in addition to, ours.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction, and to limit quantities. All product descriptions and pricing are subject to change at any time without notice. We may discontinue any product at any time. Any offer is void where prohibited.

Except as stated in these Terms, we do not warrant that the quality of any product, Service, information or other material you obtain will meet your expectations or that any errors in the Services will be corrected.

7. Accuracy of billing and purchase information

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. If we change or cancel an order, we may try to notify you using the email address or other contact information provided at the time of the order. We may limit or prohibit orders that appear to be placed by resellers or distributors.

You agree to provide current, complete and accurate purchase information for all purchases, and to promptly update it (including your email address and payment details) so we can complete your transactions and contact you.

8. Payments and third-party providers

Payments are processed by third-party providers, including Lemon Squeezy and Gumroad, and by Apple for software purchased through the App Store. Licences may be activated through Lemon Squeezy or the App Store, and software may be downloaded directly from GitHub. Each platform's own terms and privacy policy also apply. We do not store your full payment card details. The providers' own terms and privacy policies apply to their handling of your payment information and purchases, and we are not responsible for their acts or omissions.

We also use third-party services to operate the Services, including Hostinger, Google Cloud, Cloudflare, PostHog and Google Analytics. See our Privacy Policy for details.

9. MatchCut FCP

MatchCut FCP is a standalone macOS application that generates rough cuts for use with Final Cut Pro. Final Cut Pro is a product of Apple Inc. and is not affiliated with, sponsored by or endorsed by us. MatchCut FCP's output is automated and is a starting point only. You are responsible for reviewing it, for maintaining backups of your projects and media, and for the content you produce. The full terms for the software are in the MatchCut FCP EULA.

10. Chord Finance

Chord Finance, our personal finance application for double-entry bookkeeping and portfolio tracking, has not launched yet and is intended for personal use only. It is licensed under its own EULA. In summary: it is a record-keeping tool and not investment, financial, tax, accounting, legal or other professional advice; you supply your own market data API keys and are responsible for them; third-party market data (such as from CoinGecko, Alpha Vantage or Marketstack) may be delayed, inaccurate or unavailable; and you are responsible for checking calculations and backing up your records. The EULA contains the full terms.

11. Optional tools and third-party services

We may provide access to third-party tools or services that we do not monitor or control. We provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of third-party tools, APIs or services. Your use of those tools is at your own risk, and you should review and accept the terms of the relevant third-party providers. New features or services we add are also subject to these Terms.

12. Fair use

You agree to use the Services consistent with their intended purpose and not to abuse, exploit or manipulate them in ways that degrade their performance, availability or integrity for others, including excessive automated requests to our servers or infrastructure. We may monitor usage to enforce this section and may, at our discretion, suspend or terminate access, or apply limits. We may change this policy at any time by posting it on our website. If you need additional capacity, contact hello@aquaflamingolabs.com.

13. Third-party links

The Services may contain links to or materials from third parties that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and have no liability for third-party materials, websites, products or services. We are not liable for any harm or damages related to purchases or use of goods, services or content from third-party sites. Please review the third party's policies before engaging in any transaction, and direct complaints about third-party products to the third party.

14. Feedback and submissions

The Services do not currently offer user accounts or public posting. If you send us feedback, ideas, suggestions, bug reports or other materials, whether online, by email or otherwise ("feedback"), you agree that we may use, copy, modify, publish and distribute it in any medium without restriction and without compensation or confidentiality obligations to you. We are under no obligation to respond to feedback. You agree your feedback will not violate any third party's rights and will not contain unlawful, abusive or obscene material or malicious code. You are solely responsible for what you send.

15. Personal information

Your submission of personal information is governed by our Privacy Policy, available at aquaflamingolabs.com/privacy.

16. Errors, inaccuracies and omissions

Occasionally, information on our site or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services, except as required by law.

17. Prohibited uses

In addition to other prohibitions in these Terms, you may not use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or take part in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or of any other website or the Internet. We may terminate your use of the Services for violating any of these prohibited uses.

18. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. We do not warrant that results obtained from the Services will be accurate or reliable. We may remove the Services for indefinite periods or cancel them at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all software, products and content delivered through them are provided "as is" and "as available", without representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, accuracy and non-infringement, except as expressly stated in these Terms.

To the fullest extent permitted by law, in no event will Aqua Flamingo Labs Inc. or its directors, officers, employees, shareholders, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind, including lost profits, lost revenue, lost savings, lost investment or trading gains, financial losses, loss of data or media, business interruption, or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of or inability to use the Services, software or any product, including any errors, bugs, inaccuracies or omissions in any software, calculation, data or content, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Services will not exceed the amount you paid us for the product or Service giving rise to the claim in the 12 months before the claim arose.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes rights you may have under mandatory consumer protection laws that cannot be waived.

19. Indemnification

You agree to indemnify, defend and hold harmless Aqua Flamingo Labs Inc. and its parent, subsidiaries, affiliates, partners, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law, or your violation of the rights of a third party.

20. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be severed. That determination does not affect the validity and enforceability of the remaining provisions.

21. Termination

Obligations and liabilities of the parties incurred before termination survive termination for all purposes. These Terms are effective until terminated by you or us. You may terminate them at any time by notifying us that you no longer wish to use the Services, or by ceasing to use our site, software and services.

If, in our sole judgment, you fail or we suspect you have failed to comply with any term of these Terms, we may terminate this agreement at any time without notice, and you remain liable for all amounts due up to and including the date of termination. We may also deny you access to the Services (or any part).

22. Entire agreement

Our failure to exercise or enforce any right or provision of these Terms is not a waiver of it. These Terms and any policies or operating rules we post, together with any licence terms that accompany our software, are the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, oral or written, including prior versions of these Terms. Any ambiguity in these Terms will not be interpreted against the drafting party.

23. Governing law

These Terms and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably attorn to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto, for any dispute arising from them, except where applicable law gives you the right to bring a claim elsewhere.

24. Contact

Questions about these Terms can be sent to hello@aquaflamingolabs.com.

Aqua Flamingo Labs Inc. 1300B-350 Bay Street, Toronto, ON, M5H 2S6