Terms and Conditions

Last Updated: January 11, 2025

1. Acceptance of Terms

By accessing or using Flibbert's ESP32 development platform and services ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Flibbert provides a cloud-based development platform for ESP32 microcontrollers, enabling users to:

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service for lawful purposes related to ESP32 development, including:

4.2 Prohibited Uses

You agree not to use the Service to:

5. Subscription Plans and Billing

5.1 Free Plan

The Free Plan includes up to 5 devices, basic dashboard access, and community support. Usage is subject to fair use policies.

5.2 Pro Plan ($39/month)

The Pro Plan supports 5-50 devices, advanced dashboard features, priority support, and premium development tools.

5.3 Enterprise Plan

Custom pricing for deployments with 50+ devices, including enterprise dashboard, SLA guarantees, and dedicated support.

5.4 Billing Terms

Subscription fees are billed monthly in advance. Failure to pay may result in service suspension. Refunds are provided according to our refund policy.

6. Intellectual Property Rights

6.1 Your Content

You retain ownership of the code and applications you develop using our Service. By using the Service, you grant us a limited license to host, process, and deploy your code as necessary to provide the Service.

6.2 Our Platform

Flibbert and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7. Data Privacy and Security

7.1 Data Collection

We collect information necessary to provide the Service, including account information, usage data, and device telemetry. Please refer to our Privacy Policy for detailed information.

7.2 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet is 100% secure.

7.3 Code Privacy

Your source code remains private and is not shared with third parties except as necessary to provide the Service or as required by law.

8. Device Management and Deployment

8.1 Device Registration

You are responsible for properly registering and configuring your ESP32 devices. Only devices you own or have authorization to manage should be connected to your account.

8.2 Over-the-Air Updates

The Service provides over-the-air update capabilities. You acknowledge that deploying updates to devices is your responsibility and may affect device functionality.

8.3 Device Limits

Device limits are enforced based on your subscription plan. Exceeding limits may result in service restrictions.

9. Service Availability and Limitations

9.1 Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

9.2 Resource Limits

Usage is subject to reasonable limits including compilation time, deployment frequency, and API request rates. Excessive usage may be throttled or restricted.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features in the dashboard.

10.2 Termination by Us

We may terminate or suspend your account immediately for violations of these Terms, illegal activities, or non-payment of fees.

10.3 Effect of Termination

Upon termination, your access to the Service will cease, and we may delete your account data after a reasonable grace period.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

IN NO EVENT SHALL FLIBBERT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

13. Indemnification

You agree to indemnify and hold harmless Flibbert from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

14. Support and Maintenance

14.1 Community Support

Free plan users receive community-based support through our documentation and forums.

14.2 Premium Support

Pro and Enterprise users receive priority email support with guaranteed response times based on their plan.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of the Service constitutes acceptance of modified Terms.

16. Export Controls

The Service may be subject to export controls and trade sanctions. You agree to comply with all applicable export control laws and regulations.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to conflict of law principles.

18. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body].

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and Flibbert regarding the Service and supersede all prior agreements and understandings.

21. Contact Information

For questions about these Terms and Conditions, please contact us at:

Email: kakhaber@flibbert.com