By accessing or using FlipBooks — including visiting our website, creating an account, starting a free trial, or using any feature of the Service — you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms applicable to specific features.
These Terms constitute a legally binding agreement between you ("you," "User," or "Customer") and VSN SOCIETY LLC, a Wisconsin limited liability company doing business as FlipBooks ("FlipBooks," "Company," "we," "us," or "our"), with a public mailing address of 5092 Oak View Drive, Business 17, Shawano, WI 54166. If you do not agree to these Terms, you may not access or use the Service.
Geographic scope. The Service is operated from the United States and made available worldwide. You represent that you are not located in, under the control of, or a national or resident of any country, region, or person subject to U.S., U.N., EU, or UK trade embargoes or sanctions (including any designation on the U.S. Treasury OFAC Specially Designated Nationals list), and that you are not otherwise prohibited from receiving the Service under applicable law. We make no representation that the Service is appropriate or available for use in every jurisdiction; you are responsible for compliance with your own local laws, and access from any jurisdiction is at your sole risk and may be refused at our discretion.
Binding effect. You agree that clicking "I agree," creating an account, or otherwise using the Service constitutes your electronic signature and forms a binding contract. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.
FlipBooks is a software-as-a-service bookkeeping tool intended for individual resellers and small reselling businesses. Features may include:
FlipBooks is a software service only. It is not a bank, accounting firm, CPA practice, enrolled agent, tax preparer, financial advisor, investment advisor, broker, money transmitter, lender, or fiduciary of any kind. Nothing produced by the Service is professional advice.
FlipBooks is not responsible, under any theory of liability, for any tax deficiency, penalty, interest, audit finding, underpayment, overpayment, misfiling, lost deduction, rejected return, business loss, lost revenue, or any other consequence arising from or related to your use of, reliance on, or inability to use the Service.
You acknowledge and agree that you are solely and exclusively responsible for, and FlipBooks shall have no liability for:
Garbage in, garbage out. The Service is a tool that operates on data you supply. If your data is wrong, the outputs will be wrong, and that is your risk to bear — not ours.
The Service uses artificial intelligence and machine-learning models (including models provided by Anthropic, PBC via the Claude API) to perform tasks such as receipt OCR, transaction categorization, text summarization, and other automated analysis ("AI Output").
You authorize FlipBooks to transmit your inputs (such as receipt images and transaction text) to its AI subprocessors solely for the purpose of producing AI Output for your use. FlipBooks makes no representation or warranty concerning AI Output and expressly disclaims all liability for any decision, action, filing, or loss based on AI Output.
The Service is intended for adults operating or intending to operate a reselling business. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Service. By creating an account or otherwise using the Service you represent and warrant that you are at least 18 years old.
The Service is not directed to, and we do not knowingly collect personal information from, any individual under the age of 18. In compliance with the U.S. Children's Online Privacy Protection Act (COPPA) and similar laws, if we become aware that an account has been created by a person under 18, we will terminate the account and delete associated personal information.
To use FlipBooks you must create an account with accurate, current, and complete information and keep it updated.
You agree not to, and not to permit any third party to:
Liquidated damages. You acknowledge that certain breaches cause damages that are inherently difficult to quantify with precision, and that the amounts set forth below represent the parties' reasonable pre-estimate of the harm likely to be suffered by FlipBooks and are not a penalty. You therefore agree to pay the following liquidated damages, which are a reasonable pre-estimate of the Company's loss and not a penalty:
Each separate instance of a prohibited act constitutes a separate violation. The parties agree that actual damages for the foregoing breaches would be difficult or impossible to calculate and that the liquidated-damages amounts stated above are a reasonable pre-estimate of FlipBooks's probable loss, and are not intended as, and shall not be construed as, a penalty. Liquidated damages are in addition to, and not in lieu of, injunctive relief, account termination, recovery of reasonable attorneys' fees and collection costs, and any other remedy available at law or in equity.
Notwithstanding the foregoing, FlipBooks's total aggregate recovery of liquidated damages under this Section 9 against a single user across all violations shall not exceed fifty thousand U.S. dollars (US$50,000), provided that this aggregate cap does not limit FlipBooks's right to recover actual damages, injunctive relief, attorneys' fees, or any other remedy in excess of that amount where actual damages are proven.
FlipBooks offers a 7-day free trial and two paid plans (Starter and Pro), each available on monthly or annual billing. All billing is handled by Stripe, a PCI-compliant payment processor; we do not store your full payment card information. This Section 10 is a material, bargained-for part of these Terms and is designed to satisfy federal and state negative-option disclosure requirements, including (without limitation) the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401–8405 ("ROSCA"), the FTC's Negative Option Rule (16 C.F.R. Part 425), California Business & Professions Code §§ 17600–17606 (as amended by AB 2863, "Click-to-Cancel"), and New York General Business Law § 527-a.
(a) Free Trial and Conversion to Paid Subscription. All new accounts receive a 7-day free trial. To start your trial, you must select a plan and provide a valid payment method. You will not be charged during the 7-day free trial. If you do not cancel before the trial ends, the trial will automatically convert into a paid subscription at your selected plan and billing frequency, and your payment method will be charged on a recurring basis as described below until you cancel.
(b) Plans, Prices, Billing Frequency and Recurring Charges. You expressly authorize FlipBooks (through Stripe) to charge your payment method on file, on a recurring basis, without further authorization from you, until you cancel:
(c) Express Consent to Auto-Renewal. By checking the auto-renewal consent box at signup and clicking "Start My Free Trial" (or equivalent), you expressly authorize FlipBooks to charge your payment method on a recurring basis at the price and frequency disclosed to you at signup, and any subsequent price disclosed pursuant to paragraph (h) below, until you cancel. You acknowledge that this Section 10, together with the signup-page disclosure and the post-purchase acknowledgment email, constitutes a clear and conspicuous disclosure of the material terms of your subscription.
(d) Deadline to Cancel Before the Next Charge. To avoid the first paid charge, you must cancel before the end of your 7-day free trial. To avoid any subsequent renewal charge, you must cancel before the renewal date shown in your Account Settings → Billing page. Cancellations submitted on or after the renewal date will take effect at the end of the then-current billing period (see paragraph (f)).
(e) One-Click Online Cancellation. Consistent with ROSCA, the FTC Negative Option Rule, California AB 2863, and NY GBL § 527-a, you may cancel your subscription at any time, online, in a single step, from the same device and medium you used to sign up, by visiting useflipbooks.com/cancel or Account Settings → Billing and clicking "Cancel my subscription." No phone call, email, chat, mailing, retention offer, "are you sure" loop, upsell, counter-offer, or save-the-subscriber call is required or will be imposed before your cancellation is effective. You will receive an email confirmation of the cancellation.
(f) Effect of Cancellation; No Proration; No Refund for Unused Time. Cancellation takes effect at the end of the then-current billing period. You will retain access to paid features through that date. FlipBooks does not prorate partial billing periods, and no refund, credit, or rebate will be issued for any unused portion of a paid billing period, except where required by applicable law (see paragraph (i)).
(g) Pre-Renewal Reminder Notices. For annual subscriptions, FlipBooks will send a pre-renewal reminder email to the email address on file at least fifteen (15) days but not more than forty-five (45) days before each annual renewal, in the manner required by California Business & Professions Code § 17602(b). The reminder will restate the subscription price, renewal date, billing frequency, cancellation method, and a direct link to the cancellation page. For monthly subscriptions, FlipBooks may, but is not required to, send similar reminders.
(h) Price Changes. FlipBooks reserves the right to change subscription prices. For any increase to the price of your existing subscription, FlipBooks will provide at least thirty (30) days' advance notice by email to the address on file before the new price takes effect for your account, and will give you a clear opportunity to cancel before the increase applies. Your continued subscription after the effective date of the price increase constitutes your acceptance of the new price.
Mandatory-refund carve-out. Nothing in this paragraph (i) limits any non-waivable statutory right you may have, including (without limitation): (i) for residents of Quebec, Canada, the 10-day cancellation right on distance contracts under the Quebec Consumer Protection Act, R.S.Q., c. P-40.1; (ii) for residents of other Canadian provinces and territories, any applicable provincial consumer-protection cooling-off periods; and (iii) any mandatory statutory refund rights under the law of your U.S. state of residence that cannot be waived by contract. Any such statutory refund is limited to the minimum amount and scope required by the applicable law. If you cancel during your 7-day free trial before it converts to a paid subscription, you will not be charged.
(j) Failed Payments. If your payment method is declined or a charge otherwise fails, we will attempt to retry the charge in accordance with Stripe's standard retry schedule. If payment is not successfully collected within a reasonable period, your account may be downgraded or suspended. You remain liable for any amounts owed for the period in which the Service was provided. You agree to keep your payment information current.
(k) Early-Access Pricing. Resellers who join the waitlist and subscribe at launch may have their early-access price locked for the life of their subscription, provided their subscription remains active without lapse. A lapse of more than fourteen (14) days will forfeit early-access pricing.
(l) Geographic Availability. FlipBooks is available to users worldwide. The Service is operated from the United States, and all fees are billed in U.S. dollars. You are responsible for compliance with any local laws applicable to your use of the Service, including any consumption, sales, or value-added taxes that may apply in your jurisdiction. FlipBooks may, in its sole discretion, decline to provide or terminate the Service to any person or in any jurisdiction where providing the Service is prohibited by law or otherwise impractical.
(m) Post-Purchase Acknowledgment. Immediately after your trial converts to a paid subscription (or, for accounts without a trial, after the first paid charge), FlipBooks will send an acknowledgment email to the address on file restating: the plan, the amount charged, the billing frequency, the next renewal date, the method of cancellation, and a direct link to the cancellation page. Retaining this email is recommended for your records.
(n) Entire Agreement on Billing. This Section 10, together with the signup-page disclosure, the checkbox consents captured at signup, and the post-purchase acknowledgment email, constitutes the entire agreement between you and FlipBooks regarding subscription billing, auto-renewal, cancellation, and refunds, and supersedes any prior or contemporaneous oral or written statements. See also Section 11 (No Chargebacks).
Your FCBA rights are preserved. Nothing in this Section 11 limits or waives any right you have under the federal Fair Credit Billing Act (15 U.S.C. §§ 1666 et seq.), the Electronic Fund Transfer Act (15 U.S.C. §§ 1693 et seq.), or any comparable state or provincial law to dispute a charge with your card issuer or bank. This Section 11 governs only the parties' contractual duties regarding informal resolution before a chargeback is initiated, and the remedies FlipBooks may pursue for good-faith-breach of those contractual duties.
Contact support first. You agree that any billing dispute or concern about any charge will first be raised with us in writing at useflipbooks@gmail.com (with a copy to useflipbooks@gmail.com for escalation), and will be addressed through the informal-resolution, mediation, and arbitration procedures in Section 27, before any dispute is initiated with your card issuer, bank, or payment network. You agree not to dispute, reverse, or chargeback any charge properly assessed under these Terms.
Chargeback = material breach. Initiating a chargeback, payment reversal, ACH return, or card-network dispute ("Chargeback") before completing the informal-resolution process in Section 27, or for an amount that is not properly refundable under these Terms, is a material breach of these Terms and will result in each of the following, at FlipBooks's election:
Fraud reporting. FlipBooks reserves the right to report any Chargeback that it reasonably believes to be fraudulent, retaliatory, or filed in bad faith (including "friendly fraud") to the card networks, Stripe, the acquiring bank, law-enforcement authorities, consumer-reporting agencies, and industry chargeback-fraud databases, and to refer unpaid balances to collections, in each case to the extent permitted by applicable law. Nothing in this Section limits any non-waivable statutory right you may have to dispute a charge with your card issuer.
FlipBooks uses Plaid Inc. ("Plaid") as its data-access provider for connecting your bank accounts and credit cards. Plaid — not FlipBooks — establishes and maintains the connection to your financial institution.
FlipBooks integrates with eBay through the eBay Developer Program using OAuth 2.0 to retrieve your order, transaction, fee, shipping, and payout data.
.readonly OAuth scopes only — Sell Account (read-only), Sell Fulfillment (read-only), Sell Inventory (read-only), Sell Finances (read-only), and Commerce Identity (read-only). These scopes do NOT permit FlipBooks to: list new items, modify prices, refund orders, change payout methods, send messages, or take any action that affects your eBay account state. If a future feature requires write access, we will request the specific narrower scope at that time and disclose it in a policy update.oauth2/revoke) to invalidate your tokens immediately on our side, and we delete eBay-sourced data in accordance with eBay Developer Program requirements and our data retention schedule. As a belt-and-suspenders, you can also revoke FlipBooks at eBay's side by visiting https://accountsettings.ebay.com/uas → "Third-party app permissions".Payments are processed by Stripe, Inc. ("Stripe"). By subscribing you also agree to Stripe's terms, including the Stripe Services Agreement and Privacy Policy, which are incorporated here by reference.
To operate the Service, FlipBooks relies on a number of third-party subprocessors and service providers, currently including but not limited to:
Your use of any feature powered by a third party is also subject to that third party's terms and privacy policy. FlipBooks is not responsible for the availability, performance, accuracy, security, or acts or omissions of any third-party service, and disclaims all liability for any losses arising from their failure, error, breach, change, or discontinuation.
FlipBooks may, in its sole discretion, add, modify, suspend, or remove third-party integrations at any time and without notice. Your use of any integration — existing or future — is also governed by that third party's terms and privacy policy. FlipBooks is not responsible for the availability, accuracy, or security of any third-party service and is not liable for any losses arising from their failure or actions.
FlipBooks may let you store contact records for buyers, suppliers, or business contacts. By using this feature:
CAN-SPAM / TCPA indemnity. If you use the Service to store or process the contact information of any third party, you are solely the "sender" and "controller" for purposes of the CAN-SPAM Act (15 U.S.C. §§ 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227), Canada's Anti-Spam Legislation (CASL), and all comparable state, provincial, and federal laws. You agree to indemnify and hold FlipBooks harmless from any claim, regulatory action, or statutory damage award arising from your communications to third parties, including statutory damages per email or call regardless of actual harm.
The Service may send deadstock alerts, quarterly-tax-estimate reminders, 1099-K threshold notifications, billing notices, and other messages. These are informational, generated from the data you supply, and are not advice.
Our IP. The Service — including the FlipBooks name, logo, design, code, interface, content, and documentation — is owned by VSN SOCIETY LLC and protected by U.S., Canadian, and international intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service solely as permitted by these Terms. All rights not expressly granted are reserved.
Your data. You retain ownership of the data you upload or generate ("Customer Data"). You grant FlipBooks a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create technical derivatives of Customer Data solely as necessary to provide, secure, and improve the Service and as otherwise permitted by our Privacy Policy.
Your representations about uploads. You represent and warrant that you own or have all rights necessary to upload Customer Data (including receipts, photos, and text), and that Customer Data does not infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or other right of any third party, and does not violate any law.
Feedback. Any suggestions or feedback you give us is non-confidential and may be used by us without restriction and without obligation to you.
Branding. You may not use the FlipBooks name or logo in any way implying endorsement or affiliation without our prior written consent.
FlipBooks respects intellectual-property rights and responds to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (17 U.S.C. §512). If you believe material accessible through the Service infringes your copyright, please send a written notice to our designated agent that includes: (1) a physical or electronic signature of the rights-holder or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and information reasonably sufficient to locate it; (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
We may, in our discretion, remove or disable access to allegedly infringing material, terminate repeat infringers, and forward notices to the user who posted the material. Counter-notices may be submitted in accordance with 17 U.S.C. §512(g). Knowingly submitting a false notice or counter-notice may result in liability under 17 U.S.C. §512(f).
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls with respect to handling of personal information.
To exercise data-rights requests (access, deletion, correction, portability, opt-out of sale/sharing) or to submit a request as an authorized agent on behalf of a California resident, see /privacy-request.
You acknowledge that your use of the Service is at your sole risk. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and completeness, and for maintaining external backups of any data you cannot afford to lose.
Data-breach claims. To the maximum extent permitted by law, and without expanding FlipBooks's aggregate cap in this Section 23, FlipBooks's liability for any claim arising from unauthorized access to or disclosure of your data — whether brought under the Gramm-Leach-Bliley Act, state data-breach-notification laws, the California Consumer Privacy Act, state UDAP statutes, common-law negligence, or otherwise — is limited to your direct, out-of-pocket damages actually incurred and proximately caused by FlipBooks's own gross negligence or willful misconduct, and expressly excludes consequential damages, credit-monitoring costs beyond 12 months of a standard consumer-grade service, emotional distress, reputational harm, identity-theft speculation, and statutory damages to the extent waivable.
Data-backup disclaimer. You are solely responsible for maintaining independent backups of any data you cannot afford to lose; FlipBooks does not guarantee data retention, and you expressly waive any claim for data loss, corruption, or inability to recover data.
Survival. This Section 23 survives any termination, expiration, rescission, or invalidation of these Terms or your account.
Some jurisdictions do not allow certain limitations or exclusions. In those jurisdictions, our liability is limited to the minimum extent permitted by law and the balance of this Section remains in effect.
You agree to defend, indemnify, and hold harmless FlipBooks, VSN SOCIETY LLC, and their officers, members, employees, agents, contractors, subprocessors, and licensors (collectively, the "Indemnitees") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
We may, at our option and expense, assume exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate. You may not settle any matter that affects our rights without our prior written consent.
FlipBooks shall not be liable for any failure or delay in performing under these Terms due to causes beyond its reasonable control, including: acts of God, fire, flood, earthquake, pandemic or epidemic, war, terrorism, civil unrest, strike or labor dispute, government action or order, embargo, power failure, internet or telecommunications failure, DDoS or other cyberattack, malware, supply-chain disruption, or the failure, outage, suspension, deprecation, or error of any third-party service provider or subprocessor — including, without limitation, Supabase, Plaid, eBay, Stripe, Anthropic, Resend, and Netlify. During any force majeure event, our obligations are suspended for the duration of the event.
By FlipBooks — at will. FlipBooks may suspend, restrict, or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice, in its sole discretion. If FlipBooks terminates your account other than for your breach, FlipBooks's sole and exclusive obligation is, at its election, (i) to issue a credit (not a cash refund) equal to the pro-rated unused portion of your then-current paid billing period, or (ii) to waive collection of any remaining amounts owed. FlipBooks shall have no further liability to you of any kind. You expressly waive any claim for lost profits, lost data, business interruption, consequential damages, or any other damages arising from termination.
By FlipBooks — for cause. We may terminate immediately and without refund for breach of these Terms, Chargeback, fraud, illegal activity, security risk, or abuse of the Service.
By you. You may cancel your subscription at any time through Account Settings, consistent with the one-click cancellation right in Section 10(e). Cancellation takes effect at the end of your current paid period; no refunds are owed on customer-initiated cancellations except where required by applicable law (see Section 10(i)).
Effect. Upon termination your right to access and use the Service ends immediately. The following provisions survive: Sections 1, 4-6, 9-11, 15, 19-24, 27-31, and any other provision that by its nature should survive.
Data. You may request export of your data up to thirty (30) days after termination. After that period, we may delete your data subject to backup-retention and legal obligations. Third-party tokens are revoked on termination.
30-Day Data-Retention Schedule. When your subscription is cancelled (whether you cancel through Account Settings, your trial ends without conversion, or your renewal payment fails after our retry sequence), FlipBooks places your account into read-only mode for thirty (30) days from the date paid access ends. During that window you can log in, view your dashboard, and export your records, but you cannot add, edit, import, or delete data, and your eBay / Plaid / Whatnot integrations are paused. After 30 days, your account and all data associated with it are permanently and irreversibly deleted by an automated process, and you will receive a final confirmation email at the address on file. Reactivating your subscription at any time during the 30-day window restores full access; once the window closes, restoration is not possible. Certain records (notably tax-related financial records, billing records held by Stripe, marketing suppression records, and authentication / security logs) may be retained beyond 30 days where retention is required by law, by an active investigation, or by an unresolved chargeback or dispute. For the full retention schedule, including categories, durations, statutory exceptions, and how to request an extension, see the Privacy Policy at Section 14.
Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wisconsin, U.S.A., without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution. Before initiating any formal proceeding, you must send written notice of the dispute to useflipbooks@gmail.com describing the claim, the relief sought, and your contact information, and allow thirty (30) days for good-faith resolution.
Mandatory pre-suit mediation. If informal resolution fails, the parties shall, as a condition precedent to arbitration or the filing of any action in court, participate in one (1) session of non-binding mediation administered by the American Arbitration Association ("AAA") under its Commercial Mediation Procedures. Mediation may be conducted remotely. FlipBooks will pay the mediator's fee and AAA administrative fees for mediation; each party bears its own attorneys' fees. The parties shall complete mediation, or shall have made good-faith efforts to complete mediation, within thirty (30) days of the mediation demand; no party may initiate arbitration or court proceedings unless that thirty-day window has elapsed without resolution.
Binding arbitration. Any dispute not resolved through informal resolution and mediation shall be finally settled by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules (as applicable) in effect at the time the demand is filed. The arbitration shall be conducted in English by a single neutral arbitrator. Venue: the arbitration shall take place in the federal judicial district of your residence or, at your election, remotely. In no event will you be required to travel to Wisconsin.
Arbitration costs. Consistent with the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, FlipBooks will pay all AAA filing, administrative, case-management, and arbitrator fees that exceed the amount a consumer would pay to file an equivalent claim in a court of general jurisdiction in the consumer's state of residence (currently capped at US$200 by AAA). Each party bears its own attorneys' fees and costs, except as otherwise provided herein or awarded by the arbitrator under the fee-shifting provision below.
30-Day Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to useflipbooks@gmail.com or to VSN SOCIETY LLC, 5092 Oak View Drive, Business 17, Shawano, WI 54166, within thirty (30) days after first accepting these Terms. Your notice must include your name, the email on your account, and a statement that you wish to opt out of arbitration. If you opt out timely and properly, this arbitration Section will not apply to you; all other provisions (including the class-action waiver, governing law, and venue for court proceedings in Wisconsin) will continue to apply.
Small-claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction in lieu of arbitration, so long as it remains an individual action in that court.
Injunctive relief. Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights, confidentiality, or Section 9.
Batch-arbitration protocol. If, within a ninety (90) day period, twenty-five (25) or more similar arbitration demands are filed by or with the coordination of the same or coordinated counsel, the parties agree the demands shall be administered in sequential batches of no more than fifty (50) demands each ("Batch"). Each Batch shall be assigned to the same arbitrator and resolved as a consolidated proceeding solely for purposes of efficient case management. No further Batch may be filed until the prior Batch is resolved. AAA filing fees and arbitrator compensation for batched demands shall be apportioned pro rata. Nothing in this protocol alters the individual, non-class nature of each demand.
Fee-shifting for frivolous claims. The arbitrator shall award reasonable attorneys' fees and costs to the prevailing party with respect to any claim or defense that the arbitrator determines to be frivolous or brought for an improper purpose (as measured under Fed. R. Civ. P. 11 standards), to the maximum extent permitted by law.
Severability of arbitration provisions. If the Class Action Waiver in Section 28 is found unenforceable, then the entirety of this Section 27 shall be null and void as to the affected claim, but shall remain enforceable as to all other claims. If any other part of this Section 27 is found unenforceable, the remainder shall remain in force. Arbitration shall survive termination of these Terms.
Accessibility claims. Any claim under the Americans with Disabilities Act, Section 508, the Accessibility for Ontarians with Disabilities Act, the Accessible Canada Act, or any comparable federal, state, or provincial law is subject to the informal-resolution, mediation, and arbitration provisions of this Section 27. You agree to provide FlipBooks with at least sixty (60) days' written notice of any specific accessibility barrier and an opportunity to remediate before commencing any proceeding.
Severability. If this class-action waiver is held unenforceable as to a particular claim, that claim (and only that claim) shall be severed from arbitration and litigated in the courts described in Section 31; the remainder of these Terms, including the balance of this waiver and all arbitration provisions for other claims, remain in full force and effect.
One-year contractual limitations period. To the maximum extent permitted by law, any claim or cause of action arising out of or relating to these Terms, the Service, or your relationship with FlipBooks — whether sounding in contract, tort, statute, or any other theory — must be commenced by filing an arbitration demand (or, where permitted, a court action) within one (1) year after the date on which the claim accrued, or it is permanently and forever barred. This limitation applies regardless of the legal theory on which the claim is brought.
Express shortening of Wisconsin's default period. You and FlipBooks expressly agree that this one-year period is intended to, and does, contractually shorten any longer statute of limitations that would otherwise apply under Wisconsin law, including (without limitation) the six-year statute of limitations for contract actions under Wis. Stat. § 893.43, and any longer period applicable to tort, fraud, or other claims under Wisconsin or other applicable law. The parties acknowledge that this shortening is a material, bargained-for term of these Terms.
Non-shortenable claims carve-out. Nothing in this Section 29 shortens the limitations period for any claim that, by operation of applicable law, cannot be contractually shortened or waived. Claims that cannot be contractually shortened under applicable law (including, where applicable, certain consumer-protection claims and any claim governed by a statute that expressly prohibits contractual shortening) remain subject to the minimum statutory limitations period required by that law, and only such minimum period applies to those claims.
We may update these Terms from time to time. For any material change that materially reduces your rights or materially increases your obligations, we will: (a) update the "Last updated" date; (b) provide at least thirty (30) days' advance notice by email to the address on file and by in-product banner; and (c) offer you a meaningful opportunity to cancel your subscription without penalty before the change takes effect. For non-material changes (typos, clarifications, new features, updated links, updated subprocessor lists), we may update the Terms with notice of any length, including notice solely by updating this page. Your continued use of the Service after the effective date of any revised Terms constitutes acceptance. If you do not agree to a material change, your sole remedy is to stop using the Service and cancel your subscription before the effective date; we will refund the unused portion of any prepaid annual subscription on a pro-rata basis in that case only.
By creating a FlipBooks account you consent to receive electronic communications from us, including account, billing, service, security, legal, and compliance notices. You agree that electronic notices satisfy any legal requirement that communications be in writing. You may opt out of non-essential promotional email in Account Settings; transactional, security, billing, and legal notices cannot be disabled while your account is active. You are responsible for keeping your email address current; FlipBooks is not responsible for the consequences of an outdated or inaccessible email address.
E-SIGN Act consent. Consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.) and the Uniform Electronic Transactions Act as adopted in Wisconsin (Wis. Stat. § 137.11 et seq.), you affirmatively consent to receive all records, disclosures, notices, agreements, and communications from FlipBooks in electronic form. You may withdraw this consent by terminating your account. To receive paper copies, you may request them at useflipbooks@gmail.com for a reasonable copy fee of US$25 per document.
System requirements. To access and retain electronic records, you need (a) a current web browser; (b) a valid email address; (c) a device capable of displaying HTML and PDF documents; and (d) the ability to download and save files. You represent you have the foregoing capabilities.
For legal inquiries, Terms questions, or to report a potential violation, contact us:
For privacy inquiries specifically, contact useflipbooks@gmail.com. See our Privacy Policy for details on your rights and how to exercise them.