Introduction
These Terms and Conditions ("Terms") are between Flexify Inc. ("Flexify") and you ("Customer").
These Terms govern your use of Flexify.IO software and/or service, website, and related services ("Services"); by using Services, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use Services.
You must be at least 18 years of age to use this Services. By using Services you warrant and represent that you are at least 18 years of age.
Services uses cookies. You consent to the use of cookies in accordance with the terms of Flexify's Privacy Policy.
License to use Services
Unless otherwise stated, Flexify and/or its licensors own the intellectual property rights in Services and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not:
- republish material from Services (including republication on another website);
- sell, rent or sub-license material from Services;
- reproduce, duplicate, copy or otherwise exploit Services or parts of it;
Acceptable use
You must not use Services in any way that causes, or may cause, damage to Services or impairment of the availability or accessibility of Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Services without Flexify’s express written consent.
You must not use Services to transmit or send unsolicited commercial communications.
Restricted access
Access to certain areas of Services is restricted. Flexify reserves the right to restrict access to other areas of this Services, or indeed this entire Services, at Flexify’s discretion.
If Flexify provides you with a user ID and password to enable you to access restricted areas of Services or other content, you must ensure that the user ID and password are kept confidential.
Flexify may disable your user ID and password in Flexify's sole discretion without notice or explanation.
No warranties
THE Services IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLEXIFY OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY FLEXIFY DISTRIBUTOR OR RESELLER, SHALL CREATE ANY WARRANTY. In no event will Flexify, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Services, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
Without prejudice to the generality of the foregoing paragraph, Flexify does not warrant that:
- Services will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Flexify will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with Services:
- to the extent that the Services is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any damages for lost revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, work stoppage, or loss or corruption of information or data.
These limitations of liability apply even if Flexify has been expressly advised of the potential loss. Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude.
Other parties
You accept that, as a limited liability entity, Flexify has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Flexify’s officers or employees in respect of any losses you suffer in connection with the Services.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect Flexify’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors, as well as Flexify.
Indemnity
You hereby indemnify Flexify and undertake to keep Flexify indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal expenses and any amounts paid by Flexify to a third party in settlement of a claim or dispute on the advice of Flexify’s legal advisers) incurred or suffered by Flexify arising out of third party claims, demands, suits or proceedings related to any use of the Services by you in breach of any material provision of these Terms.
Breaches of these Terms
Without prejudice to Flexify’s other rights under these Terms, if you breach these Terms in any way, Flexify may take such action as Flexify deems appropriate to deal with the breach, including suspending your access to Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet Services provider to request that they block your access to the Services and/or bringing court proceedings against you.
Confidential Information
Flexify agrees that, except as expressly authorized in writing by the Customer, it:
- (a) will not use or permit the use of Confidential Information (defined below) in any manner or for any purpose not expressly set forth in these Terms;
- (b) will not disclose, or permit others to disclose, any Confidential Information to any third party without first obtaining Customer's express written consent; and
- (c) will limit access to Confidential Information to Flexify personnel who need to know such information in connection with their work for the Customer.
“Confidential Information” includes all information related to Customer's business and its customers, including:
- (i) trade secrets, inventions, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques;
- (ii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers;
- (iii) the existence of any business discussions, negotiations, or agreements between Customer and any third party; and
- (v) all such information related to any third party that is disclosed to Customer or to Flexify during the course of Customer's business.
Customer Data
Customer grants Flexify a worldwide, non-exclusive, revocable, and limited license during the term of Customer’s use of the Services to process, transmit, and store the data provided by Customer (Customer Data”) solely in order for Flexify to provide the Services in accordance with these Terms. Subject to this limited license, Flexify acquires no right, title, or interest from Customer or its customers in or to Customer Data and Flexify may not use or disclose Customer Data for any other purpose. Flexify shall promptly and permanently delete all Customer Data in its possession upon the termination or expiration of the Services or upon the request of Customer.
Reasonableness
By using Services, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use Services.
Variation
Flexify may revise these Terms from time-to-time. Revised Terms will apply to the use of this Services from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Flexify may transfer, sub-contract or otherwise deal with Flexify's rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
Severability
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These Terms, together with Privacy Policy, constitute the entire agreement between you and Flexify in relation to your use of Services, and supersede all previous agreements in respect of your use of Services.