Flippity Board Terms of Service

Effective Date: March 27, 2026

These Terms of Service ("Terms") govern your access to and use of the Flippity Board website and related services (collectively, the "Service") provided by Swank Labs LLC doing business as Flippity Board ("Flippity Board," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Contact: info@flippityboard.com

1. Eligibility and intended audience

1.1 Intended for adults

The Service is designed and marketed for users who are 18 years of age or older.

1.2 Minimum age

You must be at least 13 years old to use the Service. If you are under 18, your parent or legal guardian must review and agree to these Terms on your behalf, and you represent that they have done so.

1.3 Safety restrictions for minors

If we know or reasonably believe you are under 18, we may apply additional safety and privacy restrictions by default. COPPA Notice: If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information promptly.

2. Use of the Service

Flippity Board provides a browser-based split-flap display creation tool that allows users to design, customize, and export board displays in various formats including PNG, GIF, and MP4.

You agree to:

• Use the Service only for lawful purposes
• Comply with applicable laws
• Not use the Service to create or distribute harmful, offensive, or illegal content

3. Accounts and security

3.1 Account information

You must provide accurate, current information when creating an account and keep it updated.

3.2 Account security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of unauthorized use at info@flippityboard.com.

3.3 One account per user

You may maintain only one account. Creating or using multiple accounts to circumvent usage limits or abuse the Service is prohibited.

3.4 Enforcement

We may suspend or terminate accounts that violate these Terms or the Policies listed in Section 4.

4. Additional Policies

4.1 Policies

Your use of the Service is also governed by the following policies and notices (collectively, the "Policies"):

• Privacy Policy
• Community Policy
• Flippity Board Plan Use Rules for plan limits and commercial-use rules
• Washington My Health My Data Notice and any other required disclosures

The Policies are incorporated into these Terms by reference and are binding. You agree to comply with the Policies. Violations of the Community Policy are violations of these Terms.

4.2 Conflicts

If there is a conflict between these Terms and a Policy, these Terms control unless the Policy states otherwise for a specific legal notice requirement.

5. User Content

5.1 User Content definition

User Content includes any content you create, submit, or generate through the Service, including:

• Display names and usernames
• Board text, configurations, designs, and exported files
• Any other content you create or share through the Service

5.2 Content standards

You agree not to create or share User Content that violates the Community Policy, including content that is hateful, harassing, threatening, sexually explicit, illegal, or otherwise objectionable.

5.3 License to Flippity Board

You grant Flippity Board a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, display, perform, distribute, and otherwise use your User Content to operate, improve, and provide the Service, and for marketing, promotional, and commercial purposes related to the Service.

5.4 Moderation and removal

We may remove, limit, or disable access to User Content at our discretion, with or without notice.

5.5 Your responsibility for User Content

You represent and warrant that you have all rights necessary to grant the license above and that your User Content and conduct comply with law, these Terms, and the Policies.

6. Subscriptions and Purchases

6.1 Plans and tiers

The Service offers multiple plan tiers with different features and limits. Plan details, pricing, and features are described on our pricing page and in the Flippity Board Plan Use Rules.

6.2 Billing and renewal

Purchases are processed by Stripe. Recurring subscriptions renew automatically at the end of each billing period unless canceled before renewal.

Cancellation: You can manage your subscription through the Stripe billing portal accessible from your account. Cancellation takes effect at the end of the current billing period.

Changes to Pricing: We may change pricing with at least 30 days notice. Price changes will take effect at the start of the next subscription period following the date of the price change.

6.3 Plan limits

Flippity Board plans may include account-based limits such as saved boards, download/export quotas, or similar usage controls. Plan-specific limits and commercial-use rules are described in the Flippity Board Plan Use Rules. We may enforce those limits through account caps, throttles, rejected actions, suspension, or other reasonable technical controls.

7. Prohibited conduct

You agree not to:

• Operate multiple accounts or share accounts to circumvent usage limits
• Harass, threaten, stalk, dox, intimidate, or discriminate against others
• Attempt to reverse engineer, access private APIs, scrape, or disrupt the Service
• Use the Service to violate law or create harmful content
• Exploit bugs or vulnerabilities

We may permanently ban accounts engaged in severe misconduct.

8. Intellectual property

All trademarks, branding, software, and visual assets are owned by Swank Labs LLC or its licensors. You may not copy, modify, distribute, sell, lease, or reverse engineer the Service except where explicitly permitted by law or by the Service's features.

9. Third-party services and links

The Service may integrate with third-party services (such as payment processors and analytics providers) and may contain links to third-party websites. Flippity Board does not control, endorse, or assume responsibility for any third-party services or linked websites. You acknowledge that you access third-party links at your own risk.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• FLIPPITY BOARD WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• FLIPPITY BOARD WILL NOT BE LIABLE FOR DAMAGES ARISING FROM LOST DATA, LOST PROFITS, OR SERVICE INTERRUPTIONS
• FLIPPITY BOARD WILL NOT BE LIABLE FOR USER-TO-USER CONDUCT
• FLIPPITY BOARD'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO FLIPPITY BOARD IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow certain limitations, so these may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Swank Labs LLC and its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses, including reasonable legal fees, arising from:

• Your use of the Service
• Your breach of these Terms or the Policies
• Your User Content

13. Modifications to the Service

We may add, modify, or remove features at any time. We may suspend or discontinue the Service without notice or liability.

14. Changes to Terms and Policies

We may update these Terms or the Policies from time to time. Continued use of the Service after the effective date of an update constitutes acceptance. Material changes will be communicated via email as required.

15. Termination

We may suspend or terminate your account at our sole discretion, including for violations of these Terms or the Policies.

Effect of termination: Upon termination, your right to use the Service ends immediately. You forfeit access to saved boards, export files, and other account data. No refunds are provided except where required by law.

16. Dispute resolution and arbitration

16.1 Informal resolution

Before initiating arbitration, you agree to contact us at info@flippityboard.com with a brief description of the dispute and your contact information. We will attempt to resolve the dispute informally.

16.2 Binding arbitration

If a dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be determined by binding arbitration before a single arbitrator administered by JAMS under its applicable rules. The arbitration will take place via remote video conference, or in King County, Washington, if both parties agree.

16.3 Class action waiver

YOU AND FLIPPITY BOARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

16.4 Exceptions

Either party may bring an individual claim in small claims court if eligible. Either party may seek injunctive or equitable relief to protect intellectual property rights or to prevent unauthorized access or abuse of the Service.

16.5 Thirty-Day Right to Opt Out

You have the right to opt out of the arbitration and class-action waiver provisions by sending written notice to info@flippityboard.com within 30 days of creating your account. The notice must include your name, email address associated with your account, and a statement that you wish to opt out of arbitration. If you opt out, Flippity Board also will not be bound by the arbitration provisions with respect to you.

17. Governing law

These Terms are governed by the laws of the State of Washington, excluding conflict of law rules, except that arbitration is governed by the Federal Arbitration Act.

18. Electronic communications

By using the Service, you consent to receive communications from us electronically, including notices and policy updates, via the Service, email, or other reasonable means.

19. Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

20. Assignment

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

21. Entire agreement

These Terms, together with the Policies, are the entire agreement between you and Flippity Board regarding the Service and supersede prior agreements.

22. Waiver

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

23. Force Majeure

Flippity Board is not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24. Contact Us

For questions, support, or appeals regarding account actions, contact info@flippityboard.com