Our Terms and Conditions
Discover comprehensive details about our Terms and Conditions by exploring the information provided below.Updated at November 22nd, 2023
General Terms
By accessing and placing an order with FlexWebsite, you confirm that you are in agreement with and bound by
the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire
website and any email or other type of communication between you and FlexWebsite.
Under no circumstances shall FlexWebsite team be liable for any direct, indirect, special, incidental or
consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the
inability to use, the materials on this site, even if FlexWebsite team or an authorized representative has been
advised of the possibility of such damages. If your use of materials from this site results in the need for
servicing, repair or correction of equipment or data, you assume any costs thereof.
FlexWebsite will not be responsible for any outcome that may occur during the course of usage of our resources.
We reserve the rights to change prices and revise the resources usage policy in any moment.
License
FlexWebsite grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use
the website/app strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and FlexWebsite (referred to in these Terms & Conditions
as “FlexWebsite”, “us”, “we” or “our”), the provider of the FlexWebsite website and the services accessible from the
FlexWebsite website (which are collectively referred to in these Terms & Conditions as the “FlexWebsite Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms &
Conditions, please do not use the FlexWebsite Service. In these Terms & Conditions, “you” refers both to you as
an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the
right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are
referenced, are strictly defined as:
l Cookie: small amount of data generated by a website and saved by your web browser. It is used to
identify your browser, provide analytics, remember information about you such as your language
preference or login information.
l Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to FlexWebsite, that is
responsible for your information under this Terms & Conditions.
l Country: where FlexWebsite or the owners/founders of FlexWebsite are based, in this case is Luxembourg
l Device: any internet connected device such as a phone, tablet, computer or any other device that can
be used to visit FlexWebsite and use the services.
l Service: refers to the service provided by FlexWebsite as described in the relative terms (if available) and
on this platform.
l Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and
others who provide our content or whose products or services we think may interest you.
l You: a person or entity that is registered with FlexWebsite to use the Services.
Restrictions
You agree not to, and you will not permit others to:
l License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise
commercially exploit the website/app or make the platform available to any third party.
l Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part
of the website/app.
l Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of
FlexWebsite or its affiliates, partners, suppliers or the licensors of the website/app.
Payment
If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for
the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or
charge is due and payable. Unless otherwise indicated in an order form, you must provide FlexWebsite with a
valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition
to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated
credit card account, and you must refer to that agreement and not these Terms to determine your rights and
liabilities with respect to your Payment Provider. By providing FlexWebsite with your credit card number and
associated payment information, you agree that FlexWebsite is authorized to verify information immediately, and
subsequently invoice your account for all fees and charges due and payable to FlexWebsite hereunder and that
no additional notice or consent is required. You agree to immediately notify FlexWebsite of any change in your
billing address or the credit card used for payment hereunder. FlexWebsite reserves the right at any time to
change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to
your organization’s administrator(s).
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall
be the responsibility of and paid for by you.
No contract will exist between you and FlexWebsite for the Service until FlexWebsite accepts your order by a
confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
You are responsible for any third-party fees that you may incur when using the Service.
Return and Refund Policy
Thanks for shopping at FlexWebsite. We appreciate the fact that you like to buy the stuff we build. We also want
to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our
products.
As with any shopping experience, there are terms and conditions that apply to transactions at FlexWebsite. We’ll
be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a
purchase at FlexWebsite, you agree to the terms along with FlexWebsite’s Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to
contact us and we will discuss any of the issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you
to FlexWebsite with respect to the website/app shall remain the sole and exclusive property of FlexWebsite.
FlexWebsite shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in
any way without any credit or any compensation to you.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set
when you visit our site and how it’s being used. By using our website/app, registering an account, or making
a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not
operated or controlled by FlexWebsite. We are not responsible for the content, accuracy or opinions expressed in
such websites, and such websites are not investigated, monitored or checked for accuracy or completeness
by us. Please remember that when you use a link to go from the Services to another website, our Terms &
Conditions are no longer in effect. Your browsing and interaction on any other website, including those that
have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use
their own cookies or other methods to collect information about you.
Cookies
FlexWebsite uses “Cookies” to identify the areas of our website/app that you have visited. A Cookie is a small
piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance
the performance and functionality of our website/app but are non-essential to their use. However, without
these cookies, certain functionality like videos may become unavailable or you would be required to enter
your login details every time you visit the website/app as we would not be able to remember that you had
logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable
Cookies, you may not be able to access functionality on our website/app correctly or at all. We never place
Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that FlexWebsite may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at FlexWebsite’s sole discretion, without prior notice
to you. You may stop using the Service at any time. You do not need to specifically inform FlexWebsite when
you stop using the Service. You acknowledge and agree that if FlexWebsite disables access to your account,
you may be prevented from accessing the Service, your account details or any files or other materials which
is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the
Terms & Conditions modification date below.
Modifications to Our website/app
FlexWebsite reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or
any service to which it connects, with or without notice and without liability to you.
Updates to Our website/app
FlexWebsite may from time to time provide enhancements or improvements to the features/ functionality of the
website/app, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the website/app. You agree that
FlexWebsite has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular
features and/or functionalities of the website/app to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website/app, and (ii)
subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and
other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that FlexWebsite shall not be responsible for any Third-Party Services, including
their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any
other aspect thereof. FlexWebsite does not assume and shall not have any liability or responsibility to you or any
other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use
them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or FlexWebsite.
FlexWebsite may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from FlexWebsite, in the event that you fail to
comply with any provision of this Agreement. You may also terminate this Agreement by deleting the
website/app and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website/app and delete all copies of the
website/app from your computer.
Termination of this Agreement will not limit any of FlexWebsite’s rights or remedies at law or in equity in case of
breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website/app constitutes
an infringement on your copyright, please contact us setting forth the following information: (a) a physical or
electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the
material that is claimed to be infringing; (c) your contact information, including your address, telephone
number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not
authorized by the copyright owners; and (e) the a statement that the information in the notification is
accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold FlexWebsite and its parents, subsidiaries, affiliates, officers, employees,
agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’
fees, due to or arising out of your: (a) use of the website/app; (b) violation of this Agreement or any law or
regulation; or (c) violation of any right of a third party.
No Warranties
The website/app is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without
warranty of any kind. To the maximum extent permitted under applicable law, FlexWebsite, on its own behalf and
on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all
implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, FlexWebsite provides no warranty or undertaking, and makes no representation of any
kind that the website/app will meet your requirements, achieve any intended results, be compatible or work
with any other software, website/apps, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither FlexWebsite nor any FlexWebsite’s provider makes any representation or
warranty of any kind, express or implied: (i) as to the operation or availability of the website/app, or the
information, content, and materials or products included thereon; (ii) that the website/app will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content
provided through the website/app; or (iv) that the website/app, its servers, the content, or e-mails sent from
or on behalf of FlexWebsite are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the
applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not
apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of FlexWebsite and any of its suppliers
under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to
the amount actually paid by you for the website/app.
To the maximum extent permitted by applicable law, in no event shall FlexWebsite or its suppliers be liable for
any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits, for loss of data or other information, for business interruption, for personal injury,
for loss of privacy arising out of or in any way related to the use of or inability to use the website/app,
third-party software and/or third-party hardware used with the website/app, or otherwise in connection with
any provision of this Agreement), even if FlexWebsite or any supplier has been advised of the possibility of such
damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by FlexWebsite on the
Services, shall constitute the entire agreement between you and FlexWebsite concerning the Services. If any
provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full
force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term, and FlexWebsite’s failure to assert any right or provision under this Agreement shall
not constitute a waiver of such right or provision. YOU AND FlexWebsite AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this
Agreement shall not effect a party’s ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under
this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any
right or power under this Agreement preclude further exercise of that or any other right granted herein. In the
event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this
Agreement shall govern.
Amendments to this Agreement
FlexWebsite reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision
is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.
By continuing to access or use our website/app after any revisions become effective, you agree to be bound
by the revised terms. If you do not agree to the new terms, you are no longer authorized to use FlexWebsite.
Entire Agreement
The Agreement constitutes the entire agreement between you and FlexWebsite regarding your use of the
website/app and supersedes all prior and contemporaneous written or oral agreements between you and FlexWebsite.
You may be subject to additional terms and conditions that apply when you use or purchase other FlexWebsite’s
services, which FlexWebsite will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they
accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example,
through our Service) before we make changes to these Terms and give you an opportunity to review them
before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.
If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The website/app and its entire contents, features and functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are
owned by FlexWebsite, its licensors or other providers of such material and are protected by Luxembourg and
international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights
laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole
or in part, without the express prior written permission of FlexWebsite, unless and except as is expressly
provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS
FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR
OR FlexWebsite’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or
other controversy between you and FlexWebsite concerning the Services or this agreement, whether in contract,
warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the
broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or FlexWebsite must give the other a Notice of Dispute, which is a written
statement that sets forth the name, address, and contact information of the party giving it, the facts giving
rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to:
support(at)flexwebsite.com. FlexWebsite will send any Notice of Dispute to you by mail to your address if we have it,
or otherwise to your email address. You and FlexWebsite will attempt to resolve any dispute through informal
negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or FlexWebsite may commence arbitration.
Binding Arbitration
If you and FlexWebsite don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute
will be conducted exclusively by binding arbitration as described in this section. 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. The dispute
shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of
competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of
arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing
party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information,
advertisements, data or proposals, including ideas for new or improved products, services, features,
technologies or promotions, you expressly agree that such submissions will automatically be treated as
non-confidential and non-proprietary and will become the sole property of FlexWebsite without any compensation
or credit to you whatsoever. FlexWebsite and its affiliates shall have no obligations with respect to such
submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any
medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and
services using such ideas.
Promotions
FlexWebsite may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”)
that require you to submit material or information concerning yourself. Please note that all Promotions may
be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age
and geographic location. You are responsible to read all Promotions rules to determine whether or not you
are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all
Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services,
which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to
typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or
service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not
the order has been confirmed and your credit card charged. If your credit card has already been charged for
the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or
other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions
to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any
waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an
authorized representative of FlexWebsite. FlexWebsite will be entitled to injunctive or other equitable relief (without
the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
FlexWebsite operates and controls the FlexWebsite Service from its offices in Luxembourg. The Service is not
intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation. Accordingly, those persons who choose to access the FlexWebsite
Service from other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate
the FlexWebsite Privacy Policy) contains the entire understanding, and supersedes all prior understandings,
between you and FlexWebsite concerning its subject matter, and cannot be changed or modified by you. The
section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
FlexWebsite is not responsible for any content, code or any other imprecision.
FlexWebsite does not provide warranties or guarantees.
In no event shall FlexWebsite be liable for any special, direct, indirect, consequential, or incidental damages or
any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in
connection with the use of the Service or the contents of the Service. The Company reserves the right to
make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The FlexWebsite Service and its contents are provided “as is” and “as available” without any warranty or
representations of any kind, whether express or implied. FlexWebsite is a distributor and not a publisher of the
content supplied by third parties; as such, FlexWebsite exercises no editorial control over such content and
makes no warranty or representation as to the accuracy, reliability or currency of any information, content,
service or merchandise provided through or accessible via the FlexWebsite Service. Without limiting the
foregoing, FlexWebsite specifically disclaims all warranties and representations in any content transmitted on or
in connection with the FlexWebsite Service or on sites that may appear as links on the FlexWebsite Service, or in the
products provided as a part of, or otherwise in connection with, the FlexWebsite Service, including without
limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party
rights. No oral advice or written information given by FlexWebsite or any of its affiliates, employees, officers,
directors, agents, or the like will create a warranty. Price and availability information is subject to change
without notice. Without limiting the foregoing, FlexWebsite does not warrant that the FlexWebsite Service will be
uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.
Via Email: support(at)flexwebsite.com