Terms and Conditions
Last Updated: 30 December 2025
Created on: 30 December 2025
1. Introduction
Welcome to Flock Trail ("Service," "Platform"), operated by Omnity Labs Inc. ("we," "us," or "our"). By registering for an account, accessing, or using Flock Trail (located at https://flocktrail.com), you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Omnity Labs Inc.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS AND HOW DISPUTES ARE RESOLVED.
If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
- "Service" means the FlockTrail member management platform, website, and related services provided by Omnity Labs Inc.
- "Organization" (or "Client") means the legal entity, club, non-profit, or group that uses the Service to manage its operations and members.
- "Admin" means a user who manages an Organization's account, data, and settings.
- "Member" (or "End User") means an individual who joins an Organization or uses the Platform to interact with an Organization.
- "User Content" means any data, text, images, or other material uploaded to the Service by an Organization, Admin, or Member.
3. Account Registration and Security
3.1 Eligibility
You must be at least 18 years old to register for an Admin account. By creating an account, you represent and warrant that you have the legal capacity to enter into a binding contract.
3.2 Account Information
You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are solely responsible for all activity that occurs under your account.
3.3 Security
You are responsible for safeguarding your login credentials. You agree not to disclose your password to any third party. You must notify us immediately at info@flocktrail.com if you suspect any unauthorized use of your account.
3.4 Communications and Explicit Opt-In
By registering for an account and accepting these Terms, you explicitly opt-in and consent to receive electronic communications from:
- Your Organization: Newsletters, announcements, event notifications, and operational updates sent by the Organization (or "Client") you are associated with.
- The Service: Administrative notices, security alerts, and platform updates provided by Omnity Labs Inc.
You agree that texts, calls, or prerecorded messages may be used for these communications if you have provided a phone number. You acknowledge that you can manage your communication preferences or unsubscribe from non-essential marketing communications at any time via your account settings or the "unsubscribe" link included in such messages. However, you may not opt-out of essential Service-related notices (e.g., password resets, billing verifications).
4. Subscriptions, Fees, and Payments
4.1 Subscription Plans
FlockTrail offers various subscription plans (e.g., Monthly, Annual). By selecting a plan, you agree to pay the fees indicated for that service level.
4.2 Payments
- Billing: Fees are billed in advance on a recurring basis (monthly or annually) depending on your plan.
- Payment Processors: We use third-party payment processors (Stripe and PayPal) to handle transactions. We do not store your full credit card details.
- Taxes: You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities.
4.3 Refunds
All fees are non-refundable, except as required by applicable law. There are no refunds or credits for partially used periods.
4.4 Fee Changes
We reserve the right to change our pricing at any time. We will provide notice of any price changes at least 30 days in advance. Continued use of the Service after the price change constitutes your agreement to pay the new amount.
5. Acceptable Use Policy
You agree NOT to use the Service to:
- Violate any local, state, national, or international law.
- Upload or distribute content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, or hateful.
- Send unsolicited mass emails (spam) or other forms of solicitation.
- Impersonate any person or entity or falsely state your affiliation with any person or entity.
- Interfere with or disrupt the integrity or performance of the Service (e.g., uploading viruses, DDoS attacks).
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Scrape, collect, or harvest data from the Service without our express written consent.
6. Intellectual Property Rights
6.1 Our IP
The Service, including its code, design, logos, and "look and feel," is the exclusive property of Omnity Labs Inc. and its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service strictly in accordance with these Terms.
6.2 Your Content (User Content)
- Ownership: You retain full ownership of the data and content you upload to the Service ("Organization Data").
- License to Us: You grant Omnity Labs Inc. a worldwide, royalty-free license to host, copy, display, and use your User Content solely to provide the Service to you and to improve the Platform.
- Responsibility: You are solely responsible for the accuracy, quality, integrity, and legality of your User Content.
7. DMCA Copyright Policy
We comply with the Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed, please send a notice to info@flocktrail.com containing:
- Your physical or electronic signature.
- Description of the copyrighted work.
- Description of the infringing material and its location on the Service.
- Your contact information.
- A statement of good faith belief that the use is unauthorized.
8. Third-Party Services
The Service may integrate with third-party applications (e.g., Stripe, PayPal). Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability or accuracy of such third-party services.
9. Cancellation and Termination
9.1 Cancellation by You
You may cancel your subscription at any time via contacting at info@flocktrail.com. Cancellation will be effective at the end of your current billing cycle.
9.2 Termination by Us
We may suspend or terminate your account immediately, without notice, if:
- You breach these Terms.
- We are required to do so by law.
- Your account remains inactive for an extended period (for free plans).
Upon termination, your right to access the Service will immediately cease, and we may delete your data in accordance with our data retention policies.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, OMNITY LABS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMNITY LABS INC., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO OMNITY LABS INC. IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Omnity Labs Inc. from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use of and access to the Service.
- Your violation of any of these Terms.
- Your violation of any third-party right, including copyright or privacy rights.
- Any claim that your User Content caused damage to a third party.
13. Dispute Resolution: Arbitration and Class Action Waiver
13.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.
13.2 Class Action Waiver
YOU AND OMNITY LABS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13.3 Exception
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes via email or a prominent notice on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
16. Contact Us
If you have any questions about these Terms, please contact us:
- Email: info@flocktrail.com
- Company: Omnity Labs Inc.