Terms of use

Effective May 13, 2019

These terms of use (the “Terms”) are entered into between you, on behalf of yourself (collectively, “you”), and Flexa Network Inc. (“Flexa”, “we” or “us”), and govern your access to and use of this application (the “App”), including any content, functionality and services offered on or through the App as a registered user. Please read these Terms carefully before using the App. Do not use the App if you do not accept the Terms.

By accessing, viewing, or using the content, material, products, or services available on or through the App, you certify that you have read, understand, and agree to be legally bound, both on your behalf and on behalf of the company you represent, by these Terms and Flexa’s Privacy Policy, which is incorporated into these Terms by reference as if fully set forth herein. You further certify that you have reached the age of majority in the jurisdiction where you reside, or older, or that you have the permission of a legal guardian (e.g., a parent) to use the App. You understand and agree that your use of the App or any services made available on or through the App signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, you are not granted permission to use the App and must exit and discontinue your use of it immediately.

If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Flexa via regular U.S. Mail at 79 Madison Avenue, New York, New York 10016; or via email at [email protected]]([email protected]).

1. Registration

The Flexa App allows consumers to create personal accounts on the App.

In order to access certain services or features made available through the App via the App (all such services, the “Services”), you may be asked to register and create an account. As part of the registration process, you may be asked to click that you agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide Flexa with certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, physical address, and email address. You represent that the personal information you provide to Flexa via the App is true, valid, complete, and up-to-date in all respects. Should any of the information you provide on the App change, please login to your account and update such information directly on the App. Any personal information that you provide to Flexa via the App is subject to Flexa’s Privacy Policy.

You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. You are solely responsible for any and all activities which occur under your account. Flexa will not be held responsible or liable for any misuse of your account, including without limitation, in the event that a third party has access to and uses your password and account login in any way. In the event that your username or account login is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have notified us.

Flexa has the right to disable any user name, account login, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

2. Closing your account

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Flexa account even after the Flexa account is closed. Any incomplete transactions or transfers must be completed or canceled. In certain cases, you may not close your Flexa account, including:

  • To evade an investigation.
  • If you have a pending transaction or an open dispute or claim.
  • If you owe amounts to us or a merchant.
  • If your Flexa account is subject to a hold, limitation or reserve.

3. Custody of your cryptocurrency

When you deposit your cryptocurrency into the App, your funds are held and insured with a licensed third party custodian.

4. Suspicious activity monitoring

Flexa monitors for suspicious activity on its payment platform, while simultaneously Flexa’s licensed, third party custodian monitors for any suspicious deposition originations.

5. Account statements

Flexa will send you a monthly account statement.

6. Fees and limits

Flexa charges no fees whatsoever for the use of the App. Exchange rates are blended market rates. Spending on the App is currently limited to $100 per week for all App users. Flexa reserves the right to temporarily delay, hold, or return deposits in order to prevent money laundering, fraud, or terrorist financing, and Flexa may prevent a user from generating Flexcodes™ for this reason as well.

7. Buying something from authorized merchants

User payments are processed at the register or point of sale instantaneously via the Flexcode™. Flexa can currently only be used in retail stores, where it can easily be combined with other methods of payment by requesting that the cashier split the authorization. Flexa cannot be used online at this time. An “authorized merchant” means a merchant that has been authorized by us to accept payment via the App for purchases of goods and services. When you authorize a payment to an authorized merchant, some merchants may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending transaction in your Flexa account. In that case, your authorization of the payment will remain valid until the merchant completes the transaction and we may place a temporary hold on your cryptocurrency wallet for the payment amount (but no longer than 30 days).

8. Refunds

All returns are handled solely at the merchant’s discretion; due to cryptocurrency volatility, most merchants will likely choose to refund Flexa App purchases with cash or store credit. Accidental cashier overcharges will generate multiple transaction receipts at point of sale, and a customer can request a credit to their cryptocurrency wallet by presenting Flexa with proof of overcharge, such as a return receipt and store credit details.

9. Disputes between you and merchants

Flexa does not offer purchase protection, and due to the irreversible nature of cryptocurrency transactions, does not provide customer assistance in the event of a merchant dispute. Please carefully review these Terms, including but not limited to, Section 16 LIMITATION OF LIABILITY, before using the App.

10. Single user setup, and protection from unauthorized transactions

Flexa uses industry-proven cloud authentication and authorization for all client requests for access control, as well as any inter services requests. Flexa uses https for all other client requests. Flexa can revoke access to all protected resources on command. If a user would like to report suspicious activity, they can email [email protected] or tap the “Send a message” button in their App. Currently Flexa does not support multiple people sharing a single account, as each account is tied to a single verifiable identity. All users must be 13 years of age or older.

11. Error resolution

All customer problems, grievances, disputes or complaints should be directed to [email protected].

12. General restrictions on use

You agree to use the App and the Services only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the App and Services as authorized in these Terms and for no other purposes.

You agree not to use the App:

*In any way that violates any applicable federal, state, provincial/territorial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software);

  • To impersonate or attempt to impersonate Flexa, a Flexa employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen or account names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Flexa or users of the App or expose them to liability, or that may violate these Terms.

Without limiting the foregoing, you additionally agree not to:

  • Use the App in any manner that could disable, overburden, damage, or impair the App or any Flexa systems, or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App;
  • Use any bot, crawler, spider, scraper or other automatic device, process or means to access the App or any information transferred through the App, for any purpose, including monitoring, copying or transferring any of the content on the App;
  • Use any manual process to monitor, copy or transfer any of the content on the App or any information transferred through the App, or for any other unauthorized purpose without our prior written consent;
  • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the App or the Services for any purpose, including commercial purposes;
  • Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Flexa in a way that is likely or intended to cause confusion about the owner or authorized user of materials;
  • Use any device, software or routine that interferes with the proper working of the App;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, including without limitation any information transferred through the App, the server on which the App is stored, or any server, computer or database connected to the App;
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the App.

13. Intellectual property

As between you and Flexa, Flexa owns all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in (i) the Services, the App, any graphics, texts, icons, buttons, data or information we include in the App, and any products, training materials, deliverables, and the Flexa network or databases that may be utilized to provide the services (“App Content”), and (ii) any information, data, trends, analyses, metadata or other data which may be derived from any of the foregoing that is derived or created by Flexa by reference to the Services and Flexa’s databases and network. All App Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the App or on any App Content. All names, trademarks, symbols, slogans, or logos appearing on the App are proprietary to Flexa or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the App Content, other than the right to use the App Content in accordance with these Terms.

Certain features of the App may allow you to contribute text, images, data, and other information and materials to the App for access, use, viewing, and commentary by other users of the App, and/or Flexa (collectively, “User Content”). By posting User Content to the App or otherwise submitting User Content to Flexa, you represent that you have the full legal right to provide the User Content and that use of the User Content by Flexa and all other persons and entities, on the App, and/or in accordance with this section, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) be obscene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party, all as determined by Flexa in our sole and absolute discretion. Upon your submission of User Content or other material or information to Flexa, you grant Flexa a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, translate, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever. Further, you waive all moral rights in and to all User Content that you post or otherwise submit to Flexa in favor of Flexa and any other persons we authorize to use such User Content. For avoidance of doubt, Flexa shall be under no obligation to: (1) maintain any User Content in confidence; (2) compensate you in any way for your User Content; or (3) respond to any User Content.

Certain of the Services, including reliability services performed by Flexa, may require the collection of data from your equipment relevant to its reliability and predictive maintenance services (“Asset Information”) which may be entered into and stored on Flexa’s databases. You acknowledge and agree that Flexa shall be entitled to retain any such Asset Information and use that Asset Information as described in Flexa’s Privacy Policy, including to provide you the Services via the App and to contact you (either directly or in participation with a channel partner or other distributor) regarding new products or services that Flexa believes that you may be interested in obtaining.

You acknowledge that Flexa provides professional services for other parties and agree that nothing herein will be deemed or construed to prevent Flexa from carrying on such services, regardless of whether such parties are competitive with you. Flexa will have the right to use techniques, methodologies, tools, ideas and other know-how gained during the course of providing the Services and the App in the furtherance of its own business and to perfect all other intellectual property rights related thereto, including patent, copyrights, trademark and trade secrets.

No right, title or interest in or to the App or any of the App Content is transferred to you, and all rights not expressly granted herein are reserved by Flexa. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.

14. Monitoring and enforcement; termination

Flexa has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App; and (b) terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation or suspected violation of these Terms. Without limiting the foregoing, Flexa has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing information on or through the App. You waive and will hold harmless Flexa and its affiliates, licensees and services providers, from any claims resulting from any action taken by Flexa or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.

15. Disclaimers and warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLEXA DOES NOT MAKE ANY PROMISE, REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUFFICIENCY OF THE APP AND THE SERVICES TO BE PROVIDED HEREUNDER BY FLEXA, INCLUDING ANY WARRANTY AGAINST YOUR EQUIPMENT BECOMING DEFECTIVE OR INOPERABLE EVEN FOR REASONS THAT MAY BE RELATED TO BEARING PERFORMANCE, OR THAT THE APP, THE SERVICES, OR THE EQUIPMENT OR ANY OR ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES THEREIN WILL BE CORRECTED BY FLEXA.

The information presented on or through the App, including any information provided to you which is requested through the App (such as reports ordered via or based on information gathered via the App), is made available for general information purposes. While Flexa will endeavor to provide you with information that it believes to be accurate based on the information and data provided by you, Flexa cannot and does not warrant the accuracy, completeness, or usefulness of this information. The App and the Services are not intended to be a substitute for professional monitoring, diagnostic, repair and/or replacement services. Always seek the advice of a trained professional, who is familiar with the specific details and context of your use of any equipment, with any questions you may have regarding your equipment. You agree that you will not under any circumstances disregard any professional advice or delay in seeking such advice in reliance on any information provided to you on or through the App, including any information provided to you which is requested or received through the App (such as reports ordered via or based on information gathered via the App).

Any reliance you place on the information presented to you on or through the App, including any information provided to you which is requested or received through the App (such as reports ordered via or based on information gathered via the App), is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

The App is not fault tolerant and is not designed, manufactured, or intended for use in hazardous environments requiring fail-safe performance in which the failure of the App could lead directly to death, personal injury, or severe physical, equipment, or environmental damage; and Flexa specifically disclaims any express or implied warranty of fitness for these purposes.

You acknowledge and agree that any and all representations, promises, warranties or statements by Flexa’s salesperson, representative or agent that differ in any way from the terms hereof shall be given no force or effect. If Flexa furnishes you with any advice or assistance concerning any products, systems or work which is not required pursuant to these Terms, the furnishing of such advice or assistance shall not subject Flexa to any liability whatsoever to you, whether in contract, in tort (including negligence), under warranty or otherwise.

YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER FLEXA NOR ANY PERSON ASSOCIATED WITH FLEXA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THE APP, THE APP CONTENT, OR THE INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER FLEXA NOR ANYONE ASSOCIATED WITH FLEXA REPRESENTS OR WARRANTS THAT THE APP OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR SERVICES THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMMENTS OR OPINIONS EXPRESSED ON THE APP OR IN THE APP CONTENT ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE APP OR IN THE APP CONTENT AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF FLEXA. FLEXA IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE APP.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APP ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE APP IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

16. Limitation of liability

IN NO EVENT WILL FLEXA BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN EITHER IN A COURT OF LAW OR THROUGH ARBITRATION. IN NO EVENT SHALL FLEXA’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF FLEXA AND ITS LICENSORS SHALL NOT EXCEED TEN US DOLLARS.

Without limiting the foregoing, you understand and acknowledge that Flexa shall not be liable to you for:

a) Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the App or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

b) Any loss or damage which may be incurred by you as a result of: (1) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the App, including any advertising; (2) any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the App or the Services; (3) any changes that Flexa may make to the App or Services, or for any permanent or temporary cessation in the provision of the App or Services (or any features within the App or Services); (4) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the App or the Services; (5) the use of any products or services obtained on or through the App; or (6) any other matter relating to the App, the Services, the App Content, or the User Content.

The limitations on Flexa’s liability to you in this Section 6 shall apply whether or not Flexa has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE APP, THE SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

17. Indemnity

You agree to defend, indemnify, and hold harmless Flexa, its parents, subsidiaries, officers, directors, shareholders, members, employees, agents, affiliates, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the App and Services; (b) your violation of any of these Terms, including the Privacy Policy; (c) your violation of any third party rights, including intellectual property or privacy rights; and (d) the use of the App by any person using your account or account login. This defense and indemnification obligation will survive the termination or cessation of these Terms and your use of the App. Flexa reserves the right, at Flexa’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim that is referenced or otherwise covered by this Section 17 without the prior written consent of Flexa.

18. Arbitration

You and Flexa agree that any disputes arising from or relating to these Terms or your use of the App and/or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in New York, New York unless Flexa elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York. The arbitrator shall not be bound by rulings in prior arbitrations involving different Flexa users, but is bound by rulings in prior arbitrations involving the same Flexa user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES. FURTHER, UNLESS BOTH YOU AND FLEXA OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

In the event this Section 18 is held unenforceable, then the entirety of this Section 18 will be deemed void. Except as provided in the preceding sentence, this Section 18 will survive termination of the Terms and your use of the App.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

19. Governing law and jurisdiction

All matters relating to the App, the Services, and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to its choice or conflict of law provisions or rules.

Subject to the arbitration requirements set forth herein, to the extent that any legal suit, action or proceeding arises out of, or relates to, these Terms, the Privacy Policy, the App, or the Services, such suit shall be instituted exclusively in the U.S. District Court for the Southern District of New York or any State court in New York County, New York. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Communications between you and us

If you provide us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your Flexa account; (ii) investigate or prevent fraud; or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.

We may communicate with you about your Flexa account and the Flexa services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 business days after we send it.

Unless you are communicating with us about a matter where we’ve specified another notice address, written notices must be sent by postal mail to: 79 Madison Avenue, New York, New York 10016.

You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

21. Operation of the app and United States law

The App is controlled and operated from within the United States. Without limiting anything else, Flexa makes no representation that the App, App Content, User Content, services, products, information, or other materials available on, in, or through the App is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the App from outside the United States do so on their own will and are responsible for compliance with applicable laws.

22. Notice of infringing content

While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

To complain about User Content and/or to provide notice of allegedly infringing materials on the App, please contact us using the contact information provided above.

23. Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. We reserve the right to close, suspend, or limit access to your Flexa account and/or the Flexa services in the event that, after reasonable inquiries, we are unable to obtain information about you required to verify your identity.

24. Third party providers

The App works on an application linked to a particular device and operating system, such as iOS or Android. Your use of the App or Flexa’s services may be subject to separate third party agreements you may enter into with your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier, and other parties involved in providing your mobile device service. You acknowledge and agree that this agreement is between you and Flexa, not with any third party. You acknowledge and agree that we are solely responsible for the Flexa services and for providing maintenance and support services for the Flexa services.

Third parties have no warranty obligations whatsoever with respect to the Flexa services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Flexa services to conform to any warranty provided by us, if any, will be our sole responsibility. We, not any third parties, are responsible for addressing any claims relating to the Flexa services, including, but not limited to: (i) product liability claims; (ii) any claim that the Flexa services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

25. Miscellaneous

These Terms, including the Privacy Policy, constitute the entire legal agreement between you and Flexa regarding the App and govern your use of the App, Services, and any transactions you may have with Flexa through the App. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Flexa regarding these matters. In the event any other rule, code of conduct, or other matter posted on the App conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

You understand that Flexa may make changes to these Terms from time to time. Your continued use of the App following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Flexa will make a new copy of the Terms available on the App. You agree that Flexa is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that any failure or delay by Flexa to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Flexa has the benefit of under any applicable law) will not be taken to be a formal waiver of Flexa’s rights and that those rights or remedies will still be available to Flexa. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

You hereby acknowledge that Flexa does not (i) act as your agent or trustee; (ii) enter into a partnership, joint venture, agency or employment relationship with you; (iii) guarantee the identity of any user or seller; (iv) determine if you are liable for any taxes; or (v) unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the App and the Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

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