Indeed Flex User License
Last Updated June 4, 2025
Welcome to Indeed Flex (“Flex”, “we” or “us”)! We are a temporary staffing company which connects businesses (each such business being the “Client”) that are looking to engage temporary staff on an ad-hoc basis to meet their particular requirements, such as covering events, with individuals (each such individual being a “Flexer” or “Agency Worker”, as applicable) who are looking for ad-hoc opportunities to provide their services.
This Indeed Flex User License agreement (“Flex User License”) applies to any Client or Agency or prospective Client or Agency, or representative of a Client or Agency or prospective Client or Agency, who accesses or uses Flex’s online and/or mobile services and websites (accessible via the following URLs https://indeedflex.com/ (in the United States) and https://indeedflex.co.uk/ (in the United Kingdom), including Flex’s online portals, and any software, service, feature, product, program and element (including e-mail messages, notifications, and other messages) described in this Flex User License (formerly referred to as ‘Service’ or ‘Services’, and now collectively referred to as the ‘Site’ or ‘Sites’). By accessing or using the Sites, you represent that you have read and understand the Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex) and agree to the terms and conditions of this Flex User License then in effect with the following entity or entities:
- If you are located in the United States, the Sites are operated by Indeed Flex, Inc., 10721 Domain Drive, Austin TX 78758.
- If you are located in the United Kingdom, the Sites are operated by Syft Online Limited, 20 Farringdon Road, London, EC1M 3HE, UK (company registration number 09372516).
Please read this Flex User License carefully and in conjunction with any other agreement which may be in place between you and Flex, such as the Flex Client Terms of Service, the Indeed Flex+ Agreement, Flex Service Level Agreement, Subcontract or Agency Partner Agreement (as applicable).
If you are accessing or using the Site in your capacity as an employee or other representative of a Client or Agency, you are agreeing to this Flex User License on behalf of yourself and such Client or Agency, as applicable, and you represent and warrant that you have the authority to bind such Client or Agency, as applicable, to this Flex User License.
Flex may change this Flex User License by notifying you of such changes by any reasonable means, including by posting a revised Flex User License through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Flex User License incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Flex User License will constitute your acceptance of such changes. The “Last Updated” legend indicates when this Flex User License was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site Users.
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Please view our full Modern Slavery Act statement for more details.
1. Definitions and Interpretation
1.1 The following defined terms are intended for the purpose of this document. In the event of any conflict between the defined terms herein and those of any subsequently executed, legally binding agreement between the parties, the terms of that subsequently executed agreement shall govern:
“Account” means the Flex account you open when you register to become a Client (as defined herein) or Agency (as defined herein) of Flex, in order to access the Sites;
“Affiliate” shall refer to any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;
“Agency” refers to a third-party staffing agency (in the US) or subcontractor/employment business (in the UK) who entered into a contractual relationship with Flex in order to receive and respond to Client requests for supplemental staff that are made through the Indeed Flex+ Platform (“Agency” or Agencies” may be also be referred to as “Agency Partner(s)”);
“Agency Worker” refers to a temporary worker who is employed directly by a third-party Agency (in the US) or engaged by a third-party Employment Business (distinct from Indeed Flex) under a contract for services (in the UK). Agency Workers, who are provided to Clients by such third parties, are not employees of Flex;
“Applicable Data Protection Laws” means all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data applicable to the processing of Client Personal Data under the Agreement including but not limited to General Data Protection Regulation 2016/679 (“GDPR”), Federal Data Protection Act of 19 June 1992 (Switzerland), UK Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR), Japanese Act on the Protection of Personal Information (Act No. 57 of 2003 as amended in 2015) and any US state or federal laws or regulations pertaining to the collection, use, disclosure, security or protection of personal data, or to security breach notification, e.g. California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (“CPRA”); the Virginia Consumer Data Protection Act (the “VCDPA”), the Colorado Privacy Act (the “CPA”), the Connecticut Data Protection Act (the “CTDPA”), and/or the Utah Consumer Privacy Act (the “UCPA”) and binding guidance and / or codes of practice issued by the governments, a competent supervisory authority under applicable laws (as defined in the GDPR), or the European Data Protection Board;
“Assignment” refers to the description of temporary services to be carried out by a Flexer, Client Worker or Agency Worker (as applicable), described by Client and made available to Flexers on the Indeed Flex App. Assignment details shall include the specific job duties, requested or required skills, experience, certifications and / or licenses and the pay rate, time(s) and location(s) for the performance of such temporary services;
“Client Content” means descriptions of Assignments, screener questions to candidates or Flexers, Marks, and any other materials Client provides to Flex for use in connection with the Sites (which may include, for example, pictures, text, information and/or other types of content);
“Client Worker” means any individual who is employed or otherwise engaged by a Flex Client. Clients utilizing the Indeed Flex+ Platform may invite such individuals to access and use the Indeed Flex App for the limited purpose of managing assignment allocations via the Indeed Flex+ Platform. For the avoidance of doubt, Client Workers are not employees of Flex and do not operate under Flex’s direction, control, or supervision;
“Confidential Information” means confidential commercial, financial, marketing or technical information, know-how, trade secrets, User Personal Data and other confidential information relating to either Flex, Client or Agency (as applicable), including the terms of any agreement related to the staffing services, in any form or medium, whether disclosed orally or in writing, together with any reproductions of such information in any form or medium or any part of this information. Notwithstanding anything to the contrary herein, Confidential Information of the Client does not include any content contained in job advertisements or other User Content provided by the Client for the purpose of posting to the Sites or any data derived therefrom, or information collected by Flex through the Sites, including without limitation user activity, employee information, click-through rates, and analytics data generated by Flex;
“Employment Business” means an employment business as defined in regulation 2(1) of the Agency Workers Regulations 2010 (SI 2010/93), being a person (whether an individual, partnership, company or other legal entity) who supplies individuals to work temporarily for and under the supervision and direction of a hirer;
“Engagement” means a Client’s engagement of a Flexer, Agency Worker or Client Worker via the Sites to provide services in respect of any Assignment; an Engagement may be comprised of a single Shift (as defined in herein) or multiple Shifts;
“Flexer” means an individual employed or directly engaged by Indeed Flex, Inc. to perform services as defined in the Flex User License and the Flexer Employment Terms;
“Flexer Profile (Client Facing)” refers to information about Flexers that is visible to Clients on the Site, including: (a) non-personal details related to the Flexer’s employment background, such as the skills, expertise, experiences, achievements and any work-related details included by the Flexer (the “Professional Summary”) and (b) automatically generated data from the Flexer’s completed Assignments;
“Flexer Rating” is a number that ranges from one to five stars. This number reflects the average rating provided by Clients of a Flexer’s performance during an Engagement. Each rating is submitted by a Client after the Flexer completes an Engagement for the Client. A 5-star rating indicates that the Flexer met expectations for the Engagement. All Flexers begin with a 5-star rating. Ratings do not include analysis, performance reviews, or employee feedback conducted by Flex.
“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such holding company); For Indeed Flex, Inc. and Syft Online Limited, “Group Company” shall refer to any Affiliate under the common control of Recruit Holdings Co., Ltd.;
“Hospitality Engagement” means an Engagement that includes or involves food and / or beverage preparation or service, hostessing or general housekeeping duties;
“Indeed Flex App” refers to Flex’s proprietary mobile application through which various User types (including Flexers, Client Workers, Clients, and Agencies) access and utilize the Sites, as required by and pursuant to their respective applicable terms and agreements with Flex;
“Indeed Flex+ API” means the application programming interface and associated technology, software and materials supplied and amended by Flex, from time to time;
“Indeed Flex+ App” means Indeed Flex Inc.’s proprietary application through which Users, Agencies and Clients may access and use the Indeed Flex+ Platform;
“Indeed Flex Materials” means all materials delivered or made available to Client or Agency for use in connection with the Site, which may include on-boarding and marketing information, Flex documentation, Indeed Flex Marks, Indeed Flex’s Confidential Information and any other property of any kind owned or controlled by or licensed by a third party to Flex;
“Indeed Flex Platform” means the technology platform operated by Indeed Flex, Inc. (in the US) and Syft Online Limited (in the UK) that facilitates direct connections for temporary staffing. Flexer engagement is managed through the (Flexer-facing) Indeed Flex App, while Clients may access the platform via a secure web portal or the (Client-facing) Indeed Flex App;
“Indeed Flex+ Platform” means the enhanced Indeed Flex Platform, which offers Clients a unified system to manage their flexible (Flexers), internal (Client Workers), and contingent (Agency Workers) workforce, providing comprehensive workforce management and enhanced scheduling capabilities;
“Intellectual Property Rights” means all intellectual property rights including patents, registered designs, trademarks and service marks (whether registered or not), copyrights, database rights, design rights and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, performances, computer programs, Confidential Information, business names, goodwill and the style and presentation of goods or services and applications for protection of any of the above rights;
“Introduce” means an Agency’s provision of information on the Indeed Flex+ Platform which identifies the Agency Worker to Client, which shall include, but is not limited to, the Agency Worker’s name, e-mail and telephone number;
“Marks” means the trademarks, service marks, logos, trade dress, and other distinctive brand features of a party;
“Mark-Up” (US Only) means the percentage charged to Client on top of the Flexer’s pay rate. The Mark-Up percentage includes all labor costs and Flex service charges. Unless otherwise agreed in writing, the Mark-Up will be visible to Client on the Indeed Flex Platform;
“Service Fee” (UK Only) means the percentage charged to Client on top of the Flexer’s hourly pay rate. The Service Fee percentage includes all labour costs, including any National Insurance Contributions that are applicable to any Engagement, and Flex service charges. Unless otherwise agreed in writing, the Service Fee will be visible to Client on the Indeed Flex Platform;
“Shift” means one or more recurring periods in which a Flexer, Client Worker or Agency Worker provides services during a single Engagement;
“User” means anyone (including but not limited to a Flexer, Client Worker, Agency Partner or Client) that registers for an Account; and
“User Content” means any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site. User Content includes Client Content.
1.2 In this Flex User License, headings (including any sections and subsections) are for convenience only and do not affect interpretation.
References to “you” or “your” are deemed to be references to a Client or Agency, as appropriate.
2. User Accounts
2.1 Clients: Clients or prospective Clients or their representatives are required to create an Account in order to use the Site. Users create an Account when they register to use the Site. By joining as a Client or prospective Client, a User confirms that they are legally capable of entering into binding contracts. Accounts are for business use and not for personal use. Flex is not responsible for and disclaims all liability if Client’s email is used improperly or falsely by a third party. If you are registering for the Site on behalf of your employer, your employer will be the Client and you represent and warrant that you have the authority to bind your employer to this Flex User License. Flex will provide you with login credentials and on-boarding information.
2.2 Agencies: Agencies or prospective Agencies or their representatives are required to create an Account in order to use the Site. Users create an Account when they register to use the Site. By joining as an Agency or prospective Agency, a User confirms that they are legally capable of entering into binding contracts. If you are registering for the Site on behalf of your employer, your employer will be the Agency and you represent and warrant that you have the authority to bind your employer to this Flex User License. Flex will provide you with login credentials and on-boarding information.
2.3 Users are responsible for their Accounts, including making sure that all User details are maintained and correct and for ensuring that their password is secure. If Client or Agency believes their Account is being used by anyone else, contact us immediately at [email protected] or on the live chat function in the Site. To access this, go to Profile > Support > Chat with support. If we believe that an Account has been compromised, we may suspend that Account and will attempt to contact the User, Client or Agency to try and resolve the problem.
2.4 We may, at our sole discretion, refuse to register any person or entity as a User.
2.5 If you have any problems logging into your Account or updating your details, please have a look at our FAQs or contact us at [email protected] or on the live chat function in the Site. To access this, go to Profile > Support > Chat with support.
2.6 By providing Flex with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving calls (including using artificial or pre-recorded voice) and texts from Flex via such mobile number. To stop receiving text messages at any time, reply to the text with STOP or contact us at [email protected] or on the live chat function in the Site. To access this, go to Profile > Support > Chat with support. For clarity, you agree and understand that texting STOP in response to a Flex SMS alert will unsubscribe you from those specific Flex SMS alerts; however, you may continue to receive other types of text messages (for example, for other services you had signed up for). You may also revoke your consent to receive text messages by closing your Account. Revoking consent by replying STOP or closing your Account does not apply to a phone number that you have provided to a Flexer or other third party. Once you provide your phone number to a Flexer or other third party, you agree that Flex is not responsible or liable for the manner in which that Flexer or third party uses the number.
2.7 Facilitation of Engagements
(a) Clients: Client agrees that Flex may call or text Client to facilitate the performance of any of Client’s Engagements. Client further agrees that Flex may communicate with Client or initiate communication with Client on behalf of Flex or Flexers. Communication may be through the Account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Flex. By providing Flex with a mobile phone number, Client expressly consents to receiving communication via such mobile number. When Client gives Flex a mobile number and consents to receiving communication, such communications may be revoked. To revoke consent at any time, Client must notify Client’s Flex representative or on the live chat function in the Site. To access this, go to Profile > Support > Chat with support. Clients may also revoke consent by terminating its agreement(s) with Flex.
(b) Agencies: Agency agrees that Flex may call or text Agency to facilitate the performance of any Engagements. Agency further agrees that Flex may communicate with Agency or initiate communication with Agency on behalf of Flex or Clients. Communication may be through the Account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Flex. By providing Flex with a mobile phone number, Agency expressly consents to receiving communication via such mobile number. When Agency gives Flex a mobile number and consents to receiving communication, such communications may be revoked. To revoke consent at any time, Agency must notify Agency’s Flex representative by emailing [email protected]. Agency may also revoke consent by terminating its agreement(s) with Flex.
3. Limitations on Use of the Indeed Flex+ Platform
3.1 Except as otherwise expressly permitted by Flex in this Flex User License, Client or Agency is not authorized to:
(a) license, sublicense, sell, resell, transfer, assign, rent, lease, export, import, act as an intermediary or provider, distribute or otherwise commercially exploit or make available to any third party the Indeed Flex+ API, the Indeed Flex+ App, the Indeed Flex+ Platform or Indeed Flex Materials in any way;
(b) modify or make derivative works based upon the Indeed Flex+ API, the Indeed Flex+ App, the Indeed Flex+ Platform or the Indeed Flex Materials; or
(c) reverse engineer or access the Indeed Flex+ App or the Indeed Flex+ Platform for the purpose of:
(i) building a competitive product or service;
(ii) building a product using similar ideas, features, functions or graphics of the Indeed Flex+ App and/or the Indeed Flex+ Platform; or
(iii) copying any ideas, features, functions or graphics of the Indeed Flex+ App and/or the Indeed Flex+ Platform.
3.2 Client and Agency agree not to use the Indeed Flex+ App or the Indeed Flex+ Platform in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.3 Client and Agency shall employ, implement and maintain reasonable and appropriate security measures and procedures to ensure that no unauthorized person may gain access to their Account, the Indeed Flex+ App, the Indeed Flex+ Platform, or the Indeed Flex+ API.
4. Content on our Site(s)
4.1 Flex may change or remove content, functionality or parts of our Site at any time in our sole discretion.
4.2 The legal rights (including the Intellectual Property Rights) in our Site and any content on it is owned by Flex, or licensed to Flex by third parties. Our Sites and content are protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Sites as granted under this Flex User License, nothing on our Sites grants you any license or right to use, alter or remove such material. You may not use Flex trademarks, logos or other intellectual property without Flex’s prior written approval. The materials on the Sites are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Flex’s proprietary rights in them.
4.3 From time to time, our Site may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. Flex has no control over, or responsibility for, the content of the linked websites, applications or web properties. If you choose to use such third-party websites, applications or web properties, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such third parties, you are giving them your data directly, and your rights and their obligations are determined by their privacy policies and terms of service. Flex is not responsible for any content or services provided by these third parties, and Flex disclaims all liability from anything that may occur from your use of or interactions with such third parties. Flex additionally is not responsible for any payment that may be asked of you by such third parties.
4.4 Flex does not guarantee that the Site, or any content on it, will always be available or uninterrupted. The quality of the Site may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Site or a part of it, or if the Site or a part of it is temporarily out of use or inoperative, including but not limited to disruption or disturbance due to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), Account login, repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Site, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. Flex or a third party, as applicable, shall seek to repair the problems or failures as soon as possible and restore the Site to use as soon as possible under the circumstances. Flex has the right to update the software included in or supporting the Site from time to time. In any case, Flex will not be liable to you for the unavailability or failure of the Site or our services.
4.5 Your access to our Site may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Flex will endeavor to restore the Site as soon as reasonably possible under these circumstances. Additionally, Flex may suspend, withdraw, discontinue or change all or any part of the Site without notice, and may require you to take measures necessary to maintain access to the Site, including creating and maintaining User Accounts.
4.6 Flex does not guarantee that the Site, or any content on it, will be free from errors or omissions.
4.7 U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Flex infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Flex to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Flex a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent in writing to Indeed Copyright Notice, Indeed Tower 200 West 6th Street, Floor 36, Austin, TX 78701, USA (copyright @ indeed.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us at [email protected] or on the live chat function in the Site. To access this, go to Profile > Support > Chat with support.
4.8 UK Online Safety Act (“OSA”). This Section 4.8 pertains to Flex’s operations in the United Kingdom only, and does not apply to Users located elsewhere. In the event of any conflict with any other part of this Flex User License, this Section 4.8 will control.
The Minimisation of Illegal Content on the Sites: Flex uses internal tools and policies to help identify and prevent illegal content (as defined by Section 59 of the OSA) on the Site. While Flex is dedicated to independently mitigating illegal content on the Site, additional attention is given on illegal harms as defined by the OSA, including, but not limited to, terrorist content; hate content; and child sexual exploitation and abuse (CSEA) content.
Reports of Illegal Content and Resolution of Complaints: Users are able to report content that they believe to be illegal or against Flex’s policies. Each instance of User Content, such as Assignment details or Flexer Profiles (Client Facing), contains an option for Users to file a report for that specific piece of content. Through this feature, Users are able to provide information on whether they believe the content is in violation of Flex’s policies. Content that Users believe to be illegal as defined under the OSA can be reported on the live chat function in the Indeed Flex App. To access this, go to Profile > Support > Chat with support. Each report submitted will be reviewed promptly and objectively, and actioned, if necessary.
5. Client Content (Not Applicable to Agencies)
5.1 Client represents and warrants that Client Content, including Client Marks, will not violate or infringe the rights of any third party, including without limitation the Intellectual Property Rights or rights of privacy. Client agrees that it is responsible for Client Content it publishes through or in connection with the Site, or that it instructs Flex to publish on its behalf. Client agrees that Flex is not responsible for Client Content and that Flex disclaims all liability for Client Content, including as to whether such Client Content is legal. Client is responsible for ensuring that its selection criteria, including the use of Flexer Ratings, is job-related, that it does not pose “disability-related inquiries” or medical inquiries in violation of the law, and that it does not screen out people with disabilities or members of any protected category under the law.
5.2 Client understands and agrees that it is its responsibility to refrain from posting any job description or question or using Flexer Ratings in a manner that directly or indirectly discriminates against candidates or Flexers or otherwise violates applicable law. Direct discrimination means, for example, that a job description or question specifically makes clear that only candidates matching a certain criteria are wanted for an Assignment, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a job description or question implicitly excludes certain classes of candidates or Flexers by making it impossible for them to qualify for the job requirements.
5.3 Client understands and agrees that Flex may reject or remove any Assignment, any questions for candidates or Flexers, any Flexer Rating, or any other Client Content for any or no reason.
5.4 Client shall indemnify, defend and hold harmless Flex, its agents, Affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of its use of Flexer Ratings or any job description or screener questions (or answers thereto) or other Client Content that it publishes or that it instructs Flex to publish on its behalf.
6. User Content
6.1 Flex allows Users to post User Content, including information you create, edit, or select from templates provided during your use of the Site.
6.2 You hereby grant Flex and its Affiliates a worldwide, non-exclusive, fully paid, royalty-free, perpetual, irrevocable, transferable, sublicensable (through multiple layers of sublicensees) right and license to use, reproduce, modify, adapt, create derivative works from, publish, transmit, communicate to the public, perform and display any of your User Content in connection with the provision, operation, maintenance, development, marketing and improvement of the Site. You accept that this means that we are able to use and exploit the User Content in any manner and by any means, method or technology (whether now known or hereafter created) for promoting part or all of the Site. No compensation in any form shall be due or payable to you in connection with Flex or its Affiliates’ exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Flex or its Affiliates’ exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. Flex and its Affiliates shall terminate this licensed use within a commercially reasonable term after you have removed User Content from the Sites. This section does not affect your rights nor our obligations under the Flex Privacy Policy.
6.3 You irrevocably and unconditionally waive any and all moral rights in any User Content.
6.4 At your discretion, you may provide feedback or opinions about Flex, the Indeed Flex App, or your experiences with Flex, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). Flex is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to Flex, you hereby grant to Flex a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. Flex may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to Flex, or developed by its employees, or obtained from sources other than you.
6.5 User Content Responsibilities and Moderation:
(a) Applicable to Clients and Agencies in the U.S.: You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with User Content and we cannot guarantee and will not be liable for any unauthorized copying, distribution or use of your User Content. Flex may monitor User Content and reserves the right to delete any User Content or portion thereof that Flex, in its sole discretion, deems appropriate. Flex assumes no responsibility and disclaims all liability for any acts or omissions by you in connection with your use of the Site. Pursuant to the Communications Decency Act, Flex hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Flex does not endorse any of the products or services listed on such sites.
(b) Applicable to Clients and Agencies in the UK: You are responsible for your User Content and the consequences of posting or publishing it. Whilst we do not endorse all User Content, we are committed to complying with the UK Online Safety Act. This means we have a duty of care to protect our Users from illegal content and to mitigate the risks of legal but harmful content. We will monitor User Content and take appropriate action, including removing content that violates this Flex User License or UK law. We will also cooperate with law enforcement agencies when required. We will provide Users with mechanisms to report harmful or illegal content. We will comply with all relevant data protection laws, including the UK GDPR. We will take measures to prevent children from accessing harmful content, in accordance with the Online Safety Act.
6.6 By uploading and publishing your User Content you warrant, represent and undertake that you are the creator and owner of the User Content, have the right to grant us the rights contained in this Flex User License and that you will comply with all your obligations regarding uploading content to our Site including without limitation those set out at Section 7.1, below. You warrant that the User Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Site) all necessary licenses, rights, consents and permissions which are required to enable us to use your User Content as contemplated by this Flex User License.
6.7 You acknowledge and agree that any User Content or Confidential Information you provide to Flex may be shared with the Group Companies working on Flex’s behalf, or in partnership with Flex, in furtherance of the temporary staffing services being provided, consistent with the Flex Privacy Policy and to the extent permitted by law.
7. Your Use of our Site
7.1 When you use the Site, you acknowledge and agree that Flex collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: technical information such as the Internet protocol (IP) address used to connect your device to the Internet; your login details; your browser type and version; your time zone setting; your browser plug-in types and versions; your operating system and platform; the dates and times you use the Site; content you view; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs); methods used to browse away from the page; any phone number used to call our customer service number; and any other engagement with us or others through the Site. You agree that Flex uses third-party vendors as necessary to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through the Site, and that such vendors’ activities are an extension of the Site. You further agree that Flex may use this data for data analysis, quality control, enforcement of the Site’s rules or to refine the Site or any other Flex product or service, whether via automated means or otherwise. You also authorize Flex to use this data, User Content (defined above) and AI-Generated Content (defined below) to develop, train, build, and use statistical models, including artificial intelligence and machine learning models, and no compensation in any form shall be due or payable to you in connection with Flex’s exercise of its rights granted under this section.
7.2 When you use the Site, you are requesting that Flex send data, text, and images which may be stored in temporary or permanent storage in your device. You may delete this data by clearing third-party cookies from your browser and device. For more information on controlling tracking technology, please visit our Privacy Policy. You authorize Flex and its third-party vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You further authorize Flex to use processes that record or decode dialing, routing, addressing, and signaling information. You acknowledge that the foregoing is necessary to the operation of the Site. If and when you ask Flex to transmit a communication or message through the Site, you understand that this is without warranty, as Flex cannot guarantee that the message will be delivered, received, read, accessed or acted upon, and that Flex reserves the right to reformat such message.
7.3 AI-Generated Content. Flex may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to information you provide through the Site (“AI-Generated Content”). AI-Generated Content may include chatbots, template job descriptions, messages or highlights/summaries. AI-Generated Content is a Beta Product (defined below) under this Flex User License. AI-Generated Content may be generated in whole or in part by third-party service providers such as OpenAI. The AI-Generated Content is owned by or otherwise licensed by Flex and is subject to these terms. You agree that you do not have any intellectual property rights in any AI offering, models, or AI-Generated Content on the Site. Given the variable nature of this type of content, AI-Generated Content is provided “as is” and Flex makes no warranty that AI-Generated Content is appropriate, accurate, inoffensive, unbiased, non-infringing, legal, or safe, and disclaims all liability for AI-Generated Content.
Use of AI-Generated Content is entirely at your own risk. AI-Generated Content may not accurately reflect real people, places, or facts. You must evaluate AI-Generated Content for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing AI-Generated Content generated through the Site. By generating or using AI-Generated Content (for example, by providing content to the Site for the purpose of generating AI-Generated Content, or by adding AI-Generated Content to the Site), you adopt, confirm, and ratify it. You agree that Flex is not the author of AI-Generated Content, which may be provided by a third party.
You acknowledge and agree that none of Flex’s AI-Generated Content, such as chatbots, are empowered to enter into, or make any changes to, any agreements on behalf of Flex and that any decisions or actions taken by such offerings are not legally binding. Further, Flex may not honor any benefits provided by AI-Generated Content if they are inconsistent with our policies and are not also provided elsewhere on the Site.
You agree to take full responsibility for the AI-Generated Content and its use or misuse, including any inaccuracies or non-compliance with these terms, and any harm caused to you or anyone else. You agree to defend and indemnify Flex from any claim arising from your generation or use of AI-Generated Content.
7.4 By accessing or using the Sites, you signify your assent to this Flex User License and agree to comply with all applicable laws and regulations, including but not limited to U.S., U.K. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country, or an individual, subject to applicable sanctions imposed by the U.S. or U.K. government; (b) on any of U.S. or U.K. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. or U.K. law imposed by the government of the country where you are using the Sites. If (a), (b), or (c) applies to you, you may not use the Sites, and Flex may terminate this Flex User License and your access to the Sites without any further obligations to you whatsoever.
7.5 Occasionally, Flex may test improvements to the Sites. You agree that Flex may conduct such tests, which are meant to improve the effectiveness of the Sites, without notice to you. Flex may also offer beta products or features through the Sites, identified by the word “Beta” or “Test” (“Beta Products”). Beta Products may be offered in limited quantities, in limited locations, and for a limited time. Flex may discontinue or cancel all or part of a Beta Product at any time without prior notice to you. ANY BETA PRODUCT IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF TESTING A BETA PRODUCT IS TO OBTAIN FEEDBACK ON PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT.
7.6 Client Use of Flexer or Agency Worker Credentials: Client represents and warrants that any job-related credentials or certifications (e.g., food-handling or bar-tending certificates) viewed or accessed via the Site will be used solely for evaluating Flexers and Agency Worker for the Engagement for which they have been accepted. Client agrees that such access and use are subject to the terms of the Indeed Flex Privacy Policy and any applicable Data Sharing Addendum in place between Client and Flex.
8. Flex Rules
8.1 You agree that you will not:
(a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Site for any unlawful purposes;
(b) fail to deliver any payment for the Flexer services rendered to you;
(c) advertise or offer to sell any goods or services for any commercial purpose through the Site which are not relevant to the services offered via the Site;
(d) use the Site to solicit for any other business or service, or contact Flexers for employment (or any other purpose) not related to use of the Sites as envisaged by this Flex User License;
(e) post the same Assignment repeatedly;
(f) use virtual private networks, false email addresses or any other means to mask your identity;
(g) attempt to access the Accounts of other Users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(h) disable or modify any copy protection technology used on the Site;
(i) abuse or manipulate the Flexer Rating/review system on the Site, which shall include but is not limited to using the Flexer Rating/review system to screen and/or discriminate against candidates or Flexers as set forth in Section 5;
(j) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site;
(k) collect, harvest or ‘scrape’ any data from any web pages contained in the Site;
(l) upload, share or submit content that is or may be interpreted as unlawful, obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence, offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory, causing annoyance, inconvenience or needless anxiety to any person, violating hate speech or anti-discrimination laws or otherwise objectionable, irrelevant or unconstructive;
(m) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
(n) upload, share or submit any content that is false, deceptive, misleading, deceitful, inaccurate or akin to a ‘bait and switch’ offer;
(o) do or omit to do anything which would bring Flex, Flex’s Group Companies, the Site, our suppliers or other Users into disrepute or in any way damage our or their reputation;
(p) interfere with another User’s use and enjoyment of the Site in any other manner that could damage, disable, overburden or impair the Site;
(q) send messages in violation of US CAN-SPAM Act or any other applicable anti-spam law; or
(r) otherwise use the Site in violation of this Flex User License or any applicable agreement for staffing services.
8.2 Flex reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Flex) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other Users. Flex reserves the right to not deliver any message that Flex suspects to be malicious or spam, for fraud mitigation, or for any reason.
8.3 Flex may suspend, restrict or terminate your Account and/or your access to the Site if we believe that you have breached this Flex User License. This does not limit Flex’s right to take any other actions against you that we consider appropriate to protect Flex’s rights.
9. Intellectual Property
9.1 No party grants any rights in its respective Marks or other Intellectual Property Rights other than those expressly granted in this Flex User License. There are no implied licenses granted under this Flex User License, and any rights not expressly granted by Client or Flex to each other, or Flex and Agency to each other, as the case may be (whether further to this Flex User License or otherwise), are hereby fully and expressly reserved to, respectively, Client or Flex, or Agency or Flex, as the case may be.
9.2 As between the parties:
(a) Flex retains and owns all right, title and interest in and to the Site, the Indeed Flex Materials, the Indeed Flex Marks, and all derivatives, enhancements and modifications thereof and all Intellectual Property Rights subsisting therein; and
(b) Client or Agency, as the case may be, retains and owns all right, title and interest in and to the User Content, the User Marks and all derivatives, enhancements and modifications thereof and all Intellectual Property Rights subsisting therein.
9.3 Client or Agency, as the case may be, shall only access the Indeed Flex+ App and the Indeed Flex+ Platform in the manner permitted by Flex and shall not attempt at any time to circumvent system security or access the source code or object code to the Indeed Flex+ App, the Indeed Flex+ Platform or compiled code.
9.4 Save only for any User Content, and User Marks incorporated therein, all Intellectual Property Rights in and to the Indeed Flex+ App and the Indeed Flex+ Platform (including all source code and any developments and customisations to them) shall remain the absolute property of Indeed Flex and/or its third-party licensors.
9.5 Client or Agency, as the case may be, hereby grants to Flex and its nominees a non-exclusive right and license to host, transmit, store, copy, modify, distribute, perform, display, reformat and otherwise use the User Content and User Marks in order to: (a) develop, host and support the Indeed Flex+ App and the Indeed Flex+ Platform and make the same available to Users; (b) host the User Content and User Marks on servers owned or controlled by or on behalf of Indeed Flex; (c) display, communicate to the public and distribute the User Content and User Marks, in whole or in part, in and through the Indeed Flex+ App and the Indeed Flex+ Platform; and (d) otherwise perform its obligations hereunder.
10. Governing Law; Dispute Resolution
This Flex User License, and any dispute arising out of or in connection with this Flex User License or related in any way to the Sites (“Dispute”), will be governed as to all matters, including, but not limited to, the validity, construction and performance of this Flex User License, by and under the laws of the State of Texas, if you are located in the United States; the laws of England and Wales, if you are located in England or Wales; or Dublin, Ireland, if you are located elsewhere, in each case without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States; London, England, if you are located in England or Wales; or Dublin, Ireland, if you are located elsewhere. Each of the parties hereby consent to the exclusive personal jurisdiction of the courts located in: Travis County, Texas, U.S.A., if you are located in the United States; London, England, if you are located in England or Wales; or Dublin, Ireland, if you are located elsewhere.
You also hereby waive any right to a jury trial in connection with any Dispute, action or litigation in any way arising out of or related to your use of the Sites, if you are located in the United States.
11. Disclaimer of Warranties
YOU USE THE SITE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY WEBSITES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLEX NOR ANY PERSON ASSOCIATED WITH FLEX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. FLEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING PERFORMANCE OF THE SITES OR LACK THEREOF, ENGAGEMENT OF FLEXERS VIA THE SITE OR AVAILABILITY OF THE SITE. FLEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. FLEXERS PERFORM SERVICES UNDER THE DIRECTION OF THE CLIENT AND FLEX DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES PROVIDED BY THEM OR ANY INTERACTION BETWEEN THEM AND THE CLIENT. Flex disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material. Flex further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other websites or services on the Internet accessed through the Site. Under no circumstances shall Flex be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Flex be liable to you or any third party on account of your use or misuse of or reliance on any third-party website or service you link to from the Site. Flex further disclaims all liability for any technical malfunction of the Site, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site. Flex may offer suggestions, recommendations, or information to Users that may support or improve their experience on the Site. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. Flex assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Flex. FLEX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR GROUP COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnity and Limitations on Liability
You shall indemnify, defend and hold harmless Flex, its agents, Affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Flex User License; (b) your use of, and access to, the Sites; (c) your loss of, or disclosure of, information gained from using the Sites or any Flex product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, Agency Workers Regulations 2010 and any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Flex as your agent violated any such laws); (e) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (f) any claim that your User Content caused damage to a third party; or (g) with respect to Client, Client’s actions as a customer of Flex, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any Flexer or candidate. This defense and indemnification obligation will survive this Flex User License and your use of the Site or any Flex product, program, or service.
UNDER NO CIRCUMSTANCES WILL FLEX’S LIABILITY ARISING OUT OF OR RELATED TO THIS FLEX USER LICENSE EXCEED THE AGGREGATE FEES RECEIVED UNDER THE APPLICABLE AGREEMENT FOR STAFFING SERVICES. UNDER NO CIRCUMSTANCES SHALL FLEX OR ITS AFFILIATES OR GROUP COMPANIES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF FLEX OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SITE, FROM RELIANCE ON OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES BY FLEXERS OR AGENCY WORKERS. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT RESTRICTION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Flex or its Affiliates or Group Companies, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Flex User License, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Flex User License; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) Internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non-performance of third parties; and (m) other events beyond the control of Flex.
13. Severability and Reformation
If any provision of this Flex User License is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section shall not affect the validity and enforceability of the rest of this Flex User License.