Indeed Flex – Flexer and Client Worker User License
Last updated June 4, 2025
Welcome to Indeed Flex, Inc. (“Indeed Flex” or “Flex”)! We connect businesses needing temporary staff with individuals who are looking for temporary employment opportunities (each such individual being a “Flexer”).
This Flexer User License (“Flexer User License”) applies to any Flexer or Client Worker, prospective Flexer or Client Worker, or other User who accesses or uses Flex as a worker, or who otherwise indicates acceptance of this Flexer User License.
Each time you access or use Flex’s online and/or mobile services and websites (accessible via the following URLs https://indeedflex.com/ and https://indeedflex.co.uk/), including Flex’s mobile app, and any software, service, feature, product, program and element (including e-mail messages, notifications, and other messages) provided by or on behalf of Flex on or in connection with such services or websites (formerly referred to as ‘Service’ or ‘Services’, and now collectively referred to as the ‘Site’ or ‘Sites’), which includes, without limitation, the Indeed Flex Platform, Indeed Flex+ Platform, and the Indeed Flex App, each of which are defined below, you represent (a) that you have read and understand the Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex); and (b) you are agreeing to the terms and conditions of this Flexer 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).
Flex reserves the right, from time to time, to change this Flexer User License at its sole discretion, by notifying you of such changes by any reasonable means, including by posting the latest version on the Site with the date that it was last updated. By using the Site after any changes have been posted, you agree to the new terms.
1. Definitions and Interpretation
The following definitions and rules of interpretation apply in this Flexer User License:
“Account” means the Flex account you open when you register to become a Flexer or Client Worker, as applicable, and use the Site;
“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;
“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 on the Sites and made available to Flexers on the Flexer 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;
“Business Day” means a day, other than a Saturday, Sunday or public holiday, on which banks are generally open for business;
“Client” refers to a company, organization, or entity that engages Flex as a managed service provider, an Employment Business (in the UK) or as a temporary staffing agency (in the US);
“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 platform. For the avoidance of doubt, Client Workers are not employees of Flex and do not operate under Flex’s direction, control, or supervision;
“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;
“Experience” refers to a summary of your previous work with Clients, which is part of your Flexer Profile (Client Facing). This information includes the Client name(s), your Position(s), the Job Description(s), and the Date(s) of such work;
“Flexer” means an individual who uses the Sites to provide services to Clients. This relationship is that of an employee in the US, and that of an Agency Worker in the UK, in accordance with applicable regulations;
“Flexer Profile (Client Facing)” refers to information about you that is visible to Clients, including: (a) non-personal details related to your employment background that you choose to share, such as your skills, expertise, experiences, achievements and any work-related details you include (the “Professional Summary”) and (b) automatically generated data from your completed Assignments, including Client Venues, skills, Experience, and your Flexer Rating for completed roles;
“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 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;
“Shift” means one or more recurring periods in which a Flexer or Client Worker provides services during a single Engagement;
“User” means anyone (including but not limited to a Flexer, Client Worker or Client) that registers for an Account;
“User Content” means any data that a User or other party submits, posts, publishes, displays, or makes available on or through the Site; and
“Venue” refers to the specific location where the Shift will take place, as designated by the Client.
In this Flexer 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 User.
2. User Accounts
Users create an Account when they register to use the Site. By creating an Account, a User confirms that they are 18 years old or over and are legally capable of entering into binding contracts.
All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a User has any reason to believe that their Account is being used by anyone else, contact Flex immediately by visiting the support section in the Indeed Flex App. If we believe that a User’s Account has been compromised, we may suspend that Account and will attempt to contact the User to try and resolve the problem.
We may, at our sole discretion, refuse to register any person or entity as a User.
If you have any problems creating an Account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us by visiting the support section in the Indeed Flex App.
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 agree to receive calls (including using artificial or pre-recorded voice) and texts from Flex or Clients. When you give Flex your mobile number, you understand that such mobile number is integral to your role as a Flexer or Client Worker and for your performance of services. Flex and/or Clients may place such calls or texts to (i) notify you regarding any of your Engagements or upcoming Shifts; (ii) notify you of results or feedback regarding your performance of services; (iii) troubleshoot problems with your Account; (iv) resolve a dispute; or (v) as otherwise necessary to facilitate performance of services. To stop receiving text messages, reply to the text with STOP visit the support section in the Indeed Flex App. For clarity, you agree and understand that texting STOP in response to a SMS alert will unsubscribe you from those SMS alerts; however, you may continue to receive texts which you have otherwise consented to receive. You may continue to receive texts related to your performance of services. To revoke consent to receiving such texts, visit the support section in the Indeed Flex App. Flex may require you to provide alternative methods for contacting you in connection with your performance of services. You may also revoke your consent to receive text messages by terminating your Account. Revoking consent by replying STOP or terminating the Account does not apply to a phone number that a Client already has that you provided to the Client. Once a Client has your phone number, you agree that Flex is not responsible or liable for the manner in which the Client uses the number.
3. Assignments (Client Workers Only)
Flex does not review, approve, recommend, guarantee or verify any of the credentials, licenses or statements in relation to Assignments posted by Clients and made available to Client Workers through its Site. Flex shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.
At the time when an Assignment is available for you to view, Flex will (but is not obligated to) provide you with the following information:
- the date on which the Client requires the Client Worker to commence work and the duration, or likely duration, of that work;
- the position which the Client is seeking to fill; and
- the experience, training, qualifications and any authorization which the Client considers necessary for the Assignment.
4. Feedback and Ratings
By using the Sites, you agree to be given feedback on your performance by Clients for whom you have provided services. Clients may provide general feedback and/or role-specific feedback based on their interactions with you during each Engagement. Feedback will be attributed to your Account.
You acknowledge and agree that your overall Flexer Rating will be attributed to your Account and displayed in the Indeed Flex App and website. You understand that Clients can view your Flexer Rating and that your Flexer Rating may be considered as part of their worker selection. Clients consider your Flexer Rating at their own discretion.
5. Content on our Site
Flex may change or remove content, functionality or parts of the Site at any time in its sole discretion.
The legal rights (including the intellectual property rights) in the Site and any content on it is owned by Flex, or licensed to Flex by third parties. The Site and content are protected by intellectual property rights. Save for the limited right to use the ordinary functionality of the Site as granted under this Flexer User License, nothing on the Site grants you any license or right to use, copy, alter or remove such material. You may not use the Flex trademarks, logos or other intellectual property without obtaining prior written approval from Flex.
From time to time, the 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 these 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 parties alone and 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 party.
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, 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, Flex 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.
Your access to the 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.
Flex does not guarantee that the Site, or any content on it, will be free from errors or omissions.
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 Site should be sent in writing to Indeed Copyright Notice, 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 by visiting the support section in the Indeed Flex App.
6. UK Online Safety Act (“OSA”)
This Section 6 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 Flexer User License, this Section 6 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 Sites. While Flex is dedicated to independently mitigating illegal content on the Sites, 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, 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.
7. User License
User Content is content added by Users as opposed to content created by the Site. All content uploaded or published to the Site by our Users is User Content. The User uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. Flex does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Flex assumes no responsibility and disclaims all liability for the information Users post, send or receive through the Site, and for any acts or omissions by Users in connection with their use of the Site. You also acknowledge that we have no liability in connection with User Content and that 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 inappropriate.
Flex allows Flexers and Client Workers to create profiles and submit applications for Assignments (which may include, for example, resumes, pictures, text, information and/or other types of content). Any resume, application, or other information that you submit through the Site, including personal data included in a resume, application or communication with Clients on the Indeed Flex App, constitutes User Content and is subject to this Flexer User License and to the Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex), as well as the Flexer Employment Terms (accessible via the following URL https://indeedflex.com/flexer-terms/ for Flexers in the United States and https://indeedflex.co.uk/legal/flexer-terms/ for Flexers in the United Kingdom), if applicable.
In addition to providing a photograph for the purposes of security, by using the Sites you also agree that you allow photographs of you and any photos and video footage of Engagements at which you have worked to be published on Flex’s website and used in other marketing materials which may be produced by Flex.
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 Site. This section does not affect your rights nor our obligations under the Flex Privacy Policy.
You irrevocably and unconditionally waive any and all moral rights in any User Content.
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. 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 Flexer User License and that you will comply with all your obligations regarding uploading content to our Site including without limitation those set out in Section 8, 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 and permissions which are required to enable us to use your User Content as contemplated by this Flexer User License.
You acknowledge and agree that any User Content or confidential information you provide to Flex may be shared with or accessible by Flex’s Group Companies working on Flex’s behalf, or in partnership with Flex, in furtherance of the temporary staffing services being provided or offered, consistent with the Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex) and to the extent permitted by law.
8. Your Use of the Site
When you use the Site, you agree to Flex knowing, processing, analyzing, storing, and recording any and all activities you take on the Site, including, but not limited to, 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; work opportunities you view or search for; page response times; download errors; the length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs); the methods used to browse away from the page; and any phone number used to call our customer service number. You agree that Flex may use 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. By using the Site you authorize Flex and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Site.
When you view, send, store or receive materials (including messages) through or using the Site, Flex may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Flex, or Group Company, product or service, whether via automated means or otherwise. If you send or receive communication through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Site’s rules and other Flex policies, content moderation, and to improve the Site or any other Flex, or Group Company, product or service. 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.
By accessing or using Indeed Flex, you signify your assent to this Flexer User License and agree to comply with all applicable laws and regulations, including U.S. 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) subject to any sanctions or restrictions imposed by applicable governmental bodies, including but not limited to those of the United States, the United Kingdom, the European Union, and the United Nations; (b) located in, or a resident or national of, any country subject to such sanctions or restrictions; or (c) involved in any activities that breach applicable anti-terrorism or anti-money laundering regulations. Please note, applicable regulations may vary depending on your location. If (a), (b), or (c) applies to you, you may not use the Sites, and Flex may terminate this Flexer User License and your access to the Sites without any further obligations to you whatsoever.
Occasionally, Flex may test improvements to the Site. You agree that Flex may conduct such tests, which are meant to improve the effectiveness of the Site, without notice to you. Flex may also offer beta products or features through the Sites, which may be 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, TO USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT.
9. Privacy
Flex recognizes the importance of respecting the personal privacy of all Flexers and Client Workers. During the term of this contract, it will be necessary for Flex to retain and process your personal data in the performance of Flex’s obligations to you. You acknowledge and agree that you have reviewed a copy of the Indeed Flex Privacy Policy which is available at https://hrtechprivacy.com/brands/indeedflex and that your personal data will be processed as outlined therein. You also consent to Flex making such information available to Flex’s Group Companies, those who provide products or services to Flex (such as advisers), regulatory authorities, governmental or quasi-governmental organizations and potential purchasers of Flex or Flex Group Companies or any part of its business.
10. Flex Rules
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) 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;
(c) use virtual private networks, false email addresses or any other means to mask your identity;
(d) attempt to access the accounts of other Users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programmes 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;
(e) disable or modify any copy protection technology used on the Site;
(f) abuse or manipulate the rating/review system on the Site;
(g) 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 or any of the Sites;
(h) collect, harvest or ‘scrape’ any data from any web pages contained in the Site;
(i) 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 (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of discrimination laws or otherwise objectionable, irrelevant or unconstructive;
(j) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; upload, share or submit any content that is false, deceptive, misleading, deceitful, inaccurate or akin to a ‘bait and switch’ offer;
(k) 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; interfere with another User’s use and enjoyment of the Site in any other manner that could damage, disable, overburden or impair the Site; or
(l) otherwise use the Site in violation of this Flexer User License or the Flexer Employment Terms, as applicable.
Flex reserves the right to use any User Content (including the content of messages or material sent through or to the Site) 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.
Flex may suspend, restrict or terminate your Account and/or your access to the Site with or without advance notice if we believe that you have breached this Flexer 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.
11. Governing Law
This Flexer User License and any dispute arising out of or in connection with or related to this Flexer User License (“Dispute”) will be governed as to all matters, including, but not limited to, the validity, construction and performance of this Flexer User License, by and under the laws of the State of Texas, if you are located in the United States, or London, England, if you are located in the United Kingdom, in each case without giving effect to conflicts of law principles thereof.
12. Disclaimer of Warranties
YOU USE THE SITE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY WEBSITE 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 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 sites 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 site or services 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.
13. Limitations on Liability
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 AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). 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 LIMITATION, 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. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF FLEX AND ITS GROUP COMPANIES AND AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO MONIES FLEX HAS RECEIVED FROM CLIENTS IN CONNECTION WITH YOUR SPECIFIC ENGAGEMENTS.
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 Flexer 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 Flexer 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.
14. Severability and Reformation
If any provision of this Flexer 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 Flexer User License.