Terms of service

By creating an account in the BUSY App, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not create an account or use the Services.

These Terms are a legal agreement between you and:

Flipper FZCO

P.O. Box 451495, Dubai Silicon Oasis

Dubai, UAE

Email: support@flipper.net

References to “we,” “us,” or “our” mean Flipper FZCO. Flipper FZCO owns and operates the BUSY App, BUSY Cloud, and the firmware running on BUSY Bar devices. References to “you” or “your” mean the individual using the Services.

Hardware purchases. If you purchased a BUSY Bar device, that purchase is governed by separate Terms of Sale with Flipper Devices, Inc. These Terms of Service govern only your use of the BUSY App, BUSY Cloud, firmware updates, and related digital services.

You must be old enough under the laws of your country of residence to enter into a binding contract and to consent to the processing of your personal data. In the United States, you must be at least 13 years old (COPPA). In the EU/EEA, the minimum age to consent to data processing for information society services ranges from 13 to 16 depending on the Member State; if you are below the age of digital consent in your country, you may use the Services only with the permission of a parent or legal guardian.

We do not actively verify users’ ages. By using the Services, you represent that you meet the age requirements applicable to you. To purchase a BUSY Bar device, you must be at least 16 years old; see the Terms of Sale for details. If we learn that an account holder does not meet the applicable age requirement, we may suspend or terminate the account. If you are a California resident under 16 years old, we will not sell or share your personal information unless you (or your parent or guardian, if you are under 13) have affirmatively opted in.

To use the Services, you must create an account. We support the following authentication methods, where available:

Additional authentication methods may be added or removed from time to time.

You may maintain only one account. You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account. You must notify us promptly at support@flipper.net if you become aware of any unauthorized use of your account.

We may suspend or terminate your account if you violate these Terms, if your account poses a security or legal risk, or as otherwise described in Section 13.

These Terms apply to the following services (collectively, the “Services”):

The BUSY App can be used independently of a BUSY Bar device. The BUSY Bar device can be used independently of the BUSY App. Neither requires the other to function.

The Services are provided “as is” and “as available” to the maximum extent permitted by applicable law. We do not guarantee any level of uptime, availability, or performance, and we do not offer a service level agreement (SLA).

Modifications. We may modify, update, or discontinue any part of the Services. For material changes that negatively affect your use of the Services, we will provide at least 14 days’ advance notice via email or in-app notification. The notice will describe the change and the reason for it.

We may make material changes to the Services for the following reasons:

If a material change negatively affects your access to or use of the Services, you may terminate your account within 30 days of the notice at no cost or penalty.

Service discontinuation. If we permanently discontinue the BUSY Bar cloud services, we will provide at least 90 days’ advance notice and, where technically feasible, release tools or documentation to enable standalone device functionality for features that previously required cloud connectivity.

Non-material changes. We may make minor changes (bug fixes, UI improvements, performance optimizations) at any time without advance notice.

Statutory rights. This section does not limit any rights you may have under applicable consumer protection law, including rights under the EU Digital Content Directive (2019/770), the UK Consumer Rights Act 2015, consumer guarantees under the Australian Consumer Law, and applicable Canadian provincial consumer protection legislation.

The Services are currently provided free of charge. Paid features may be introduced in the future – including both new features and, where permitted by applicable law, features that were previously offered free of charge. If we move a previously free feature to a paid plan, we will give you at least 14 days’ advance notice and explain the reason for the change. During the notice period, you will continue to have access to the feature at no charge.

Any paid features will require your affirmative opt-in. We will not auto-enroll you in a paid plan or charge you without your express consent, except as required by applicable law.

EU/EEA Consumers – Right of Withdrawal for Digital Services. If you are a consumer in the EU or EEA, you have the right to withdraw from any paid subscription within 14 calendar days of purchase, without giving any reason, unless you have expressly consented to the service beginning before the withdrawal period expires and acknowledged that you thereby lose your right of withdrawal (Directive 2011/83/EU, Art. 16(m)). To exercise your right, contact us at support@flipper.net with your account email and a clear statement of your decision to withdraw.

BUSY Cloud stores the following types of data associated with your account:

Hosting and encryption. BUSY Cloud is hosted on Google Cloud Platform. Production data is stored in the us-east4 region; development environments may be located in europe-west1. Data is transmitted between your device, the BUSY App, and BUSY Cloud over TLS-encrypted connections. BUSY Cloud does not apply application-layer encryption to data at rest at this time.

You are responsible for the accuracy of the data you provide. We perform regular backups of cloud data, but we cannot guarantee zero data loss. We are not liable for data loss to the maximum extent permitted by applicable law.

Data portability. You may request an export of your data by emailing support@flipper.net. Self-service data export through the BUSY App is not currently available. For connected product data generated by the BUSY Bar, you may request access in a machine-readable format.

Account deletion. You may request deletion of your BUSY App account by emailing support@flipper.net. Self-service account deletion through the BUSY App is not currently available. Upon receiving your request and verifying it relates to your account, we will permanently delete your account and associated cloud data in accordance with the retention schedule described in our Privacy Policy. This does not affect data held by Flipper Devices, Inc. in connection with your hardware purchase (such as order information and payment records). To request deletion of your purchase data, email privacy@flipper.net and your request will be forwarded to the relevant controller.

Feature changes and your data. If a feature you have been using becomes unavailable to you (including due to a pricing change), your data associated with that feature will remain in your account and available for export for a reasonable period. After that period, the data may be deleted unless you re-enable the feature.

Warranty data sharing. We may share device diagnostic data (firmware version, error logs, connectivity history, and device identifier) with Flipper Devices, Inc. for the purpose of evaluating warranty claims under the Terms of Sale, if you have initiated a warranty claim. We will not share your account credentials, personal content, or calendar data for this purpose.

Push notifications. The BUSY App uses Apple Push Notification service (APNs) on iOS and Firebase Cloud Messaging (FCM) on Android to deliver notifications related to BUSY Timer events (such as timer start and stop) and other Service-related messages. You may disable push notifications in your device’s system settings.

Device transfer. If you sell or transfer your BUSY Bar to another person, unlink it from your account before handing it over. After unlinking, the new owner can pair the device with their own account. Your status history, calendar tokens, and other account data are not accessible to the new owner once the device is unlinked.

The Services allow you to connect third-party services through OAuth authentication. Additional integrations may be added or removed from time to time; the current list is available at https://docs.busy.app/ or in the BUSY App.

When you enable an integration, you authorize us to access and process the data necessary to provide the related functionality. For example, the Google Calendar integration uses read-only access to your Google account and requests the following OAuth scopes: your email address, profile picture, the list of your calendars, and your calendar events. We use this data solely to display your availability and upcoming events on the BUSY Bar and within the BUSY App. We do not modify or write to your calendars.

Third-party integrations are governed by the respective third-party’s terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services, or for changes to their terms or APIs. Each third-party provider may revoke or limit our access at its discretion.

OAuth tokens are stored in accordance with our Privacy Policy. You may revoke any integration at any time through the BUSY App settings or directly through the third-party provider’s account settings.

By using your BUSY Bar device with an internet connection, you acknowledge and agree that the device may receive automatic over-the-air (OTA) firmware updates. Updates fall into the following categories:

Security updates. We may push security patches without advance notice when necessary to address vulnerabilities or protect users.

Feature updates. Updates that add or modify functionality will be accompanied by information about the changes, such as a changelog, release notes, or in-app notification.

Conformity updates. Updates necessary to maintain the device in conformity with applicable standards or regulations. We will provide information about material changes in conformity updates.

Where an update falls into more than one category, the notice obligations of the most transparent category apply.

We will not use updates to reduce the core functionality of your BUSY Bar device below its documented specifications, except where necessary for security, legal compliance, or technical compatibility with third-party platforms or hardware on which the device depends, provided that we will disclose the specific incompatibility and the affected functionality. If an update materially impairs your device’s functionality, we will use commercially reasonable efforts to restore functionality through a subsequent update. Where applicable consumer law provides additional remedies, those apply. You may also contact us at support@flipper.net for support.

EU Digital Content Directive. For consumers in the EU/EEA, we will provide security and conformity updates for the expected lifetime of the product or as required by applicable law, including Directive (EU) 2019/770.

UK Product Security and Telecommunications Infrastructure Act 2022. We will provide security updates for the BUSY Bar for the minimum period required by applicable law, as disclosed on our Compliance page.

Your rights under Section 5 (Service Availability and Modifications) apply to firmware and OTA updates, including the right to terminate your account if an update materially and negatively affects your use of the Services.

You agree not to:

License grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the BUSY App on devices you own or control, and to use the BUSY Cloud and related Services, for your personal, non-commercial purposes.

Our IP. All intellectual property rights in and to the Services, including software, firmware, designs, graphics, text, trademarks, and other content, are owned by or licensed to Flipper FZCO. These Terms do not grant you any rights to our trademarks, logos, or brand features.

Open-source components. The Services include open-source software components. The applicable open-source licenses and attributions are available on our Compliance page and within the BUSY App. Each open-source component is governed by its own license; nothing in these Terms restricts your rights under those licenses to the extent they apply to the open-source components themselves.

Restrictions. Except as expressly permitted by these Terms or applicable law, you may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Services.

Your content. You retain ownership of any content you create through the Services, such as custom status messages and device configurations. You grant us a limited, non-exclusive license to use, store, and process your content solely for the purpose of providing and improving the Services.

Feedback. If you provide feedback, suggestions, or ideas about the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate that feedback into the Services without any obligation to you.

By you. You may terminate your account at any time by sending a deletion request to support@flipper.net (see Section 7.5, “Account deletion”). Before requesting deletion, you may request an export of your data as described in Section 7.

By us. We may terminate or suspend your account:

With notice: With at least 14 days’ advance notice via email, if:

With immediate effect: If you materially breach these Terms, if required by law, or if your account poses an immediate security or safety risk. In such cases, we will notify you as soon as reasonably practicable after termination, including the reason for termination.

Effect of termination. Upon termination:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exceptions. Nothing in these Terms excludes or limits our liability for:

EU/EEA Consumers – Burden of Proof. For consumers in the EU/EEA, if the Services fail to conform within one year of supply, the lack of conformity is presumed to have existed at the time of supply unless we demonstrate otherwise (Directive (EU) 2019/770, Art. 12). The “as is” disclaimer in this Section does not limit your rights under the Digital Content Directive, including your right to have the Services brought into conformity, to receive a proportionate price reduction, or to terminate the contract.

Your statutory rights are not affected. If you are a consumer in the EU/EEA, UK, Australia, or Canada, the disclaimers in this Section do not limit your mandatory statutory rights. Where the Services are supplied in exchange for personal data, applicable consumer protection laws (including the EU Digital Content Directive 2019/770 and the UK Consumer Rights Act 2015) provide you with conformity rights that cannot be excluded by contract.

For consumers in the EU/EEA and the UK, these disclaimers and limitations apply only to the extent permitted by the mandatory laws of your country of residence.

Governing Law. These Terms and any dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. If you are a consumer in the EU/EEA, UK, or Switzerland, this choice of law does not deprive you of the protection of mandatory consumer protection laws of your country of residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Informal Dispute Resolution. Before initiating arbitration or court proceedings, we encourage you to contact us at legal@flipper.net with a description of the dispute, the relief you seek, and your contact information. We will make a good-faith effort to resolve the dispute within 30 days of receiving your notice. If we cannot resolve the dispute within that period, you may proceed to arbitration (if Section 15.3 applies to you) or to court. Compliance with this informal resolution process is a condition precedent to commencing arbitration for US consumers; it is optional for consumers in all other jurisdictions.

Arbitration (United States Only). This section applies only to consumers located in the United States:

EU/EEA, UK, Switzerland, Canada, and Australia Carve-Out. If you are a consumer residing in the EU/EEA, the United Kingdom, Switzerland, Canada, or Australia:

You may also have the right to refer a dispute to an alternative dispute resolution body. EU consumers may submit complaints through the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Fallback Jurisdiction. For any dispute not subject to arbitration under Section 15.3 and not covered by Section 15.4, you and we each consent to the jurisdiction of the state and federal courts located in New York County, New York.

If you downloaded the BUSY App from the Apple App Store, the following additional terms apply:

Google Play. If you downloaded the BUSY App from Google Play, you acknowledge that Google LLC has no obligation or liability to you under these Terms. Google is not responsible for the BUSY App or its content.

We may update these Terms from time to time. For material changes, we will provide at least 14 days’ advance notice via email or in-app notification before the changes take effect. The notice will describe the nature of the changes and the reason for them. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

If you do not agree with the updated Terms, you may terminate your account as described in Section 13 before the changes take effect.

Changes to arbitration or dispute resolution. If we materially change Section 15 (Governing Law and Dispute Resolution), the change will not apply to any dispute for which you provided a notice of dispute before the effective date of the change. For all other disputes, the updated terms will apply 30 days after posting, and your continued use of the Services after that date constitutes acceptance.

Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced in these Terms, constitute the entire agreement between you and Flipper FZCO regarding the Services.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. We may assign or transfer these Terms to any affiliate or successor entity, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without your consent. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

Privacy. Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data.

No Third-Party Beneficiaries. Except as provided in Section 16 (Apple-Specific Terms), these Terms do not create any third-party beneficiary rights.

If you have questions about these Terms, contact us at:

Flipper FZCO

P.O. Box 451495, Dubai Silicon Oasis

Dubai, UAE

Email: support@flipper.net (general and account support; 9:00–18:00 London time, weekdays)

Privacy email: privacy@flipper.net (data protection and privacy requests)

Flipper FZCO and Flipper Devices, Inc. are separate legal entities. For complaints related to the BUSY App, BUSY Cloud, firmware, or your account, contact Flipper FZCO at support@flipper.net. For complaints related to your hardware purchase (ordering, delivery, returns, warranty), contact Flipper Devices, Inc. through the channels listed in the Terms of Sale.

California residents. Under California Civil Code §1789.3, California users of the Services are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.