Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Flaggy feature flag platform, website, and SDK (together, the "Service"), operated by the owner of Flaggy, an individual based in Australia ("Flaggy", "we", "us", or "our"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

1. The Service

Flaggy provides feature flag management, including flags, segments, targeting rules, audit logs, and analytics, accessed through our dashboard and SDK. We may modify, add, or remove features at any time. We may also update these Terms as described in Section 12.

2. Accounts

You must provide accurate information when registering and keep your credentials secure. You are responsible for all activity under your account. Notify us promptly at [email protected] of any unauthorized use.

3. Plans, billing, and cancellation

• The Free plan is offered at no charge and may be changed or discontinued at our discretion.
• Paid plans (including the Team plan at $99/month) are billed in advance through our payment provider, Stripe, and renew automatically until cancelled.
• You may cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable, including for partial periods.
• We may change our prices on a prospective basis with reasonable notice. Continued use after a price change takes effect constitutes acceptance.

4. Acceptable use

You agree not to:

• use the Service in violation of any law or third-party right;
• attempt to gain unauthorized access to, disrupt, or overload the Service or its infrastructure;
• reverse engineer or resell the Service except as permitted by law;
• use the Service to store or transmit malicious code or unlawful, infringing, or harmful content; or
• misrepresent your affiliation or exceed the limits of your plan through automated or abusive means.

We may suspend or terminate access for conduct that violates these Terms or that we reasonably believe risks harm to the Service or others.

5. Your content and data

You retain ownership of the configuration and data you submit to the Service ("Your Content"). You grant us a limited license to host, process, and transmit Your Content solely to provide and improve the Service. You are responsible for Your Content and for ensuring you have the rights to submit it. Our handling of personal data is described in our Privacy Policy.

6. Intellectual property

The Service, including its software, design, and trademarks, is owned by Flaggy and its licensors and is protected by intellectual property laws. Except for the rights expressly granted to you, we reserve all rights in the Service. Our SDK is licensed to you under the license terms that accompany it.

7. Third-party services

The Service may link to or interoperate with third-party products (for example, your own application or payment providers). We are not responsible for third-party services, and your use of them is governed by their own terms.

8. Australian Consumer Law

Our Service may come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the ACL or any other law that cannot lawfully be excluded. To the extent we are able to limit our liability for a failure to comply with such a guarantee, our liability is limited, at our option, to resupplying the relevant part of the Service or paying the cost of having it resupplied. The disclaimers and limitations in Sections 9 and 10 apply only to the extent permitted by law and are subject to this Section.

9. Disclaimer of warranties

Subject to Section 8 and to the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that flag evaluations will meet your requirements. You are responsible for configuring appropriate default values and fallback behavior in your application so that it behaves safely if the Service is unavailable.

10. Limitation of liability

Subject to Section 8 and to the maximum extent permitted by law, Flaggy and its personnel and suppliers will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Service, whether in contract, tort, or otherwise, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred Australian dollars (A$100).

11. Indemnification

You will indemnify and hold harmless Flaggy and its personnel from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, Your Content, or your violation of these Terms or applicable law.

12. Term and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 5–11 and 14) will survive.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will revise the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws in force in Australia and, where applicable, the State or Territory in which the operator of Flaggy is ordinarily resident, without regard to conflict-of-laws rules. You and Flaggy submit to the non-exclusive jurisdiction of the courts of Australia. Nothing in this Section limits any right you may have to bring proceedings in your local courts where applicable law gives you that right.

15. Contact

Questions about these Terms? Email [email protected].