Flagger Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") form a binding legal agreement between you and Evan Townsend, an individual operating the Flagger mobile application ("Flagger," "the App," "we," "us," or "our"). By creating an account, accessing, or using Flagger, you agree to be bound by these Terms and by our Privacy Policy and Community Guidelines, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the App.

We may update these Terms from time to time as described in Section 20. Your continued use of the App after an update takes effect constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years old to create an account or use Flagger. If you are between the ages of 13 and the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the App. We do not knowingly permit anyone under 13 to use Flagger; see our Privacy Policy for details on how we handle this.

By using Flagger, you also represent that: (a) you are not barred from using the App under the laws of your jurisdiction or any other applicable jurisdiction; (b) you are not on any government list of prohibited or restricted parties; and (c) all information you provide during registration is accurate and current.

3. Description of the Service

Flagger is a mobile application that allows users to log ("sightings") of flags they encounter, browse a curated reference database of flags, connect with other flag enthusiasts, join location-based communities, and participate in social features including feeds, comments, likes, and friend connections. Features, functionality, and content are subject to change, addition, or removal at our discretion, and we do not guarantee that any specific feature will remain available.

4. Accounts

You must create an account to use most features of Flagger. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update that information; (c) maintain the security of your password and accept responsibility for all activity under your account; and (d) notify us promptly at the email address in Section 22 if you suspect unauthorized use of your account.

You may only maintain one account per person. You may not create an account on behalf of someone else without their permission, use a false identity, or impersonate any person or entity.

5. Your Content and the Rights You Grant Us

"User Content" means any photo, sighting log, note, comment, username, avatar, feedback submission, or other content you submit, post, or otherwise make available through Flagger, other than Database Contributions as defined in Section 5.2 below.

5.1 General User Content

You retain all ownership rights you have in your User Content. By submitting User Content to Flagger, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, distribute, modify (for formatting and technical purposes, such as resizing images), and create derivative works of your User Content, solely for the purposes of operating, providing, promoting, and improving Flagger and its features (for example: displaying your sighting photo in community and friend feeds, or featuring anonymized or aggregate examples of app content in App Store listings or promotional materials).

This license continues even if you stop using Flagger, to the extent your User Content has been shared with, saved, or reproduced by other users before deletion, or as reasonably necessary to maintain backups, comply with law, or resolve disputes.

5.2 Flag Database Contributions

"Database Contributions" means any suggestion, correction, edit, description, categorization, sourcing information, or other input you submit for inclusion in Flagger's shared flag reference database, including through the "Suggest a New Flag," "Suggest an Edit," or similar features.

Flagger's flag database is a collaborative, communal resource built and maintained by contributions from many users over time, and it is intended to keep functioning as a stable, shared reference regardless of any individual contributor's later choices. Accordingly, by submitting a Database Contribution, you grant us a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, host, store, reproduce, display, distribute, edit, adapt, modify, translate, and create derivative works from your Database Contribution, in whole or in part, for any purpose related to operating, maintaining, distributing, and improving Flagger's flag database, without any obligation to attribute the contribution to you, compensate you, or seek any further permission from you.

This license to your Database Contributions does not expire, is not revocable once granted, and survives the deletion of your account or your discontinued use of the App. Once a Database Contribution is accepted into the flag database, it becomes part of that shared communal resource and is no longer treated as your personal, individually attributable content — it will not be removed from the database solely because you later delete your account, stop using Flagger, or request that your other User Content be deleted.

5.3 Your Representations

You represent and warrant that, for both your User Content and your Database Contributions: (a) you own or have the necessary rights and permissions to submit the content and to grant the licenses described in this Section 5; (b) the content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party; and (c) the content complies with these Terms and our Community Guidelines.

6. Prohibited Conduct

You agree not to use Flagger to:

• Violate any applicable law or regulation;
• Post content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, hateful, or that promotes violence or discrimination against any individual or group;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Harass, bully, stalk, intimidate, or abuse another user;
• Upload photos of other identifiable people without their consent as part of a "sighting," or otherwise use the App to violate another person's privacy;
• Post spam, fraudulent sightings, or content unrelated to flag-spotting for the purpose of manipulating points, badges, leaderboards, or rankings;
• Upload, transmit, or facilitate the transmission of viruses, malware, or other harmful code;
• Scrape, harvest, or collect data about other users, or use automated means (bots, scripts) to access or interact with the App without our prior written permission;
• Reverse engineer, decompile, or attempt to extract the source code of the App, except where applicable law expressly permits it;
• Interfere with or disrupt the integrity or performance of the App or its infrastructure;
• Circumvent, disable, or otherwise interfere with any security-related or access-control features of the App;
• Use the App for any commercial purpose not expressly authorized by us; or
• Infringe the intellectual property or other rights of Flagger or any third party.

7. Restricted Historical Content

Flagger's flag reference database intentionally includes a small number of flags associated with regimes, causes, or movements widely recognized as having caused significant historical harm (each, "Restricted Content"), including but not limited to flags historically associated with Nazi Germany, the Confederate States of America, apartheid-era South Africa, and Rhodesia. We may add additional flags to this category in the future at our sole discretion as we expand the flag database, and this Section applies equally to any flag we designate as Restricted Content, whether or not it is specifically named here.

Restricted Content is included solely for historical, educational, and reference purposes, consistent with Flagger's function as a comprehensive flag-identification and reference tool. Inclusion of Restricted Content in our database is not, and should not be understood as, an endorsement of any regime, ideology, or cause associated with it.

You may not use Flagger to promote, glorify, celebrate, or express support for any regime, ideology, or cause associated with Restricted Content, to harass or threaten others using Restricted Content, or to display Restricted Content in a manner intended to intimidate or incite hatred or violence. We reserve the right, but not the obligation, to remove any content or suspend or terminate any account that we determine, in our sole discretion, misuses Restricted Content in violation of this Section.

8. User Content Disclaimer; No Obligation to Monitor

Flagger is a platform that allows users to post and share their own content. We do not create, control, actively review, or pre-screen User Content before it is posted, and we have no obligation to monitor the App on a continuous or real-time basis. As a result, User Content posted by other users, including photos, sightings, comments, and profile information, may be inaccurate, offensive, inappropriate, or otherwise objectionable, and may become visible to you or other users before we or our moderation process are able to review or act on it.

You understand and agree that we are not responsible or liable, in any manner, for any User Content posted, transmitted, or otherwise made available by any user of the App, including any errors, omissions, defamatory statements, obscenity, or offensive material contained in User Content, or for any loss or damage of any kind incurred as a result of your use of, exposure to, or reliance on any User Content, regardless of how the content was posted or discovered.

We reserve the right, but do not undertake any obligation, to remove, disable access to, or refuse to display any User Content at any time, for any reason or no reason, with or without notice, including in response to reports submitted through our reporting tools or as described in our Community Guidelines. Our decision to remove or not remove particular content is not an admission or determination regarding the legality or propriety of that content, and should not be relied upon as such.

If you encounter User Content you believe violates these Terms or our Community Guidelines, please report it using the in-app reporting tools or contact us at the email address in Section 22. We aim to review reports promptly but do not guarantee any specific response time, and you acknowledge that objectionable content may remain visible for some period before we are able to act on it.

9. Intellectual Property Rights of Flagger

The App, including its software, design, look and feel, trademarks, logos, the "Flagger" name, and the curation, organization, and selection of the flag reference database (as distinct from the underlying factual and historical information it contains, and as distinct from User Content), are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license to use the App for its intended purpose, and except for your own User Content, nothing in these Terms grants you any right, title, or interest in Flagger's intellectual property.

If you believe content on Flagger infringes your copyright, contact us at the email address in Section 22 with a description of the work you believe is infringed, the material you believe is infringing and its location in the App, and your contact information, and we will address it in accordance with applicable law.

10. Third-Party Services

Flagger relies on third-party service providers to operate, including Supabase (authentication, database, and file storage), Google (location and place-lookup services), and Expo/EAS (application infrastructure and delivery), and, if and when introduced, third-party advertising and analytics providers. These third parties have their own terms and privacy practices, which we encourage you to review. We are not responsible for the acts, omissions, availability, or content of third-party services, though we take reasonable steps to select providers with appropriate data-handling practices.

11. Subscriptions, In-App Purchases, and Advertising

11.1 Free and Paid Features

Flagger is currently free to use. We may in the future offer optional paid subscriptions, one-time in-app purchases, or display third-party advertising within the App. This Section will govern any such offerings once introduced.

11.2 Subscriptions

Any subscription plan we offer will auto-renew at the price and interval disclosed to you at the time of purchase unless cancelled before the end of the current billing period. Subscriptions are billed and managed through the applicable app store (Apple App Store or Google Play), and cancellation, renewal, and refund requests are handled through that app store's account settings and policies, not directly by us. We will disclose pricing, billing frequency, and cancellation instructions clearly at the point of purchase.

11.3 In-App Purchases

One-time in-app purchases are final once delivered, except as required by applicable law or the policies of the applicable app store. Refund requests for app-store purchases must be directed to Apple or Google in accordance with their respective refund policies.

11.4 Advertising

If we introduce advertising, ads may be provided by us or by third-party advertising networks, which may use device identifiers, approximate location, or usage data to deliver and measure ads, subject to the disclosures in our Privacy Policy and any consent required by applicable law (including opt-in consent for tracking where required, such as under Apple's App Tracking Transparency framework).

11.5 Changes to Pricing or Offerings

We reserve the right to introduce, modify, or discontinue any paid feature, subscription tier, or pricing at any time, with reasonable notice for changes affecting active subscribers, to the extent required by applicable law or app store policy.

12. Termination

You may stop using Flagger and delete your account at any time through the in-app account deletion feature. Account deletion removes your profile and associated content from active use promptly upon request, subject to the retention described in our Privacy Policy (such as residual copies in routine backups, or content that has become part of the shared flag database as described in Section 5).

We may suspend or terminate your access to the App at any time, with or without notice, for any reason, including if we believe you have violated these Terms, our Community Guidelines, or applicable law, or if we discontinue the App or any portion of it. Sections of these Terms that by their nature should survive termination (including Sections 5, 8, 9, 13–19) will survive.

13. Disclaimer of Warranties

14. Limitation of Liability

15. Indemnification

You agree to indemnify, defend, and hold harmless Evan Townsend from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the App; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

16. Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at the email address in Section 22 with a description of the dispute and the relief you seek. We will attempt to resolve the dispute informally within 60 days of receiving your notice. If we are unable to resolve the dispute informally, either party may proceed to arbitration as set out in Section 17.

17. Binding Arbitration and Class Action Waiver

17.1 Agreement to Arbitrate

Except for disputes that qualify for small claims court or claims for injunctive relief related to intellectual property, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App will be resolved through binding, individual arbitration rather than in court, except that either party may bring an individual action in small claims court.

17.2 Class Action Waiver

17.3 Arbitration Procedure

Arbitration will be conducted by a neutral arbitrator under the consumer arbitration rules of a recognized arbitration provider (such as the American Arbitration Association), applying the substantive law of the governing jurisdiction identified in Section 18. The arbitration will be conducted in English and may be conducted remotely or based on written submissions, at the arbitrator's discretion, to keep the process accessible. Each party will bear its own attorneys' fees unless the arbitrator determines a claim was frivolous, or unless applicable arbitration-provider rules or law require otherwise.

17.4 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to the email address in Section 22 within 30 days of first accepting these Terms, stating that you decline to be bound by the arbitration agreement in Section 17. If you opt out, neither you nor we will be required to arbitrate, but all other provisions of these Terms will continue to apply.

17.5 Severability of Arbitration Provisions

If the class action waiver in Section 17.2 is found unenforceable as to a particular claim or request for relief, that claim or request must proceed in court, severed from arbitration, while the remaining claims and requests remain subject to arbitration. If a court or arbitrator determines that any part of this Section 17 is otherwise unenforceable, the unenforceable part will be severed and the remainder of this Section will remain in effect.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles, except to the extent that mandatory consumer-protection or data-protection laws of your country or state of residence apply and cannot be displaced by agreement, in which case those mandatory local protections will also apply. For any dispute not subject to arbitration under Section 17, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware.

19. International Users

Flagger is available to users worldwide. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are located in the European Economic Area, the United Kingdom, or Switzerland, certain mandatory rights under local consumer-protection and data-protection law (including rights described in our Privacy Policy) apply to you regardless of the governing-law clause in Section 18, and nothing in these Terms limits any data protection rights you have under applicable law.

20. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will provide notice through the App or by other reasonable means before the changes take effect. Your continued use of Flagger after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may delete your account.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.

21.2 Severability

If any provision of these Terms (other than the arbitration provisions addressed in Section 17.5) is found unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will remain in full force and effect.

21.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

21.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

21.5 Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or third-party service outages.

21.6 No Third-Party Beneficiaries

These Terms do not create any rights for any third party, except as expressly stated.

22. Contact Us

If you have questions about these Terms, wish to send a notice, submit an arbitration opt-out, or report a copyright concern, contact:

Evan Townsend
Email: contact@joinflagger.com