Version 1.0
Last revised on: November 11, 2024
The website located at www.flexspeak.com (the “Site”) and the Flexspeak app (the "App") are copyrighted works belonging to Flexspeak, Inc. (“Company,” “us,” “our,” and “we”). Certain features of the Site & App may be subject to additional guidelines, terms, or rules, which will be posted on the Site & App in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you are under the age of 18, you may only use the Site & App with the consent and supervision of a parent, guardian, or authorized service provider. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or the App.
Important Notice:
Section 10.2 of THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that:
(a) All required registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information.
You may delete your Account at any time by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 8.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site & App solely for your own personal, noncommercial use.
The rights granted to you in these Terms are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any content displayed on the Site;
(b) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
(c) You shall not access the Site & App to build a similar or competitive service;
(d) No part of the Site & App may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site & App (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site & App or any part thereof.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
Excluding any User Content that you may provide (defined below), you acknowledge that all intellectual property rights in the Site & App and its content are owned by Company or Company’s suppliers. These Terms do not transfer any rights, title, or interest in such intellectual property to you or any third party.
“User Content” means any information or content that a user submits to, or uses with, the Site & App (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy or any disclosure of your User Content that personally identifies you or any third party.
You hereby grant Company an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, and otherwise use your User Content for inclusion in the Site.
You agree not to use the Site & App to:
(a) Upload or transmit User Content that is unlawful or infringes any third-party rights;
(b) Transmit any viruses or malicious software;
(c) Harvest or collect data from other users without consent;
(d) Interfere with the Site’s security or its users' enjoyment of the Site.
Flexspeak may provide certain features or functionalities that utilize artificial intelligence (“AI Features”). By using these AI Features, you agree to our AI Terms.
The Site & App may contain links to third-party websites and services, and/or display advertisements. These Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk.
The Site & App is provided on an “as-is” and “as available” basis. Company expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory.
Warranty Disclaimer. Given the nature of generative artificial intelligence, neither Flexspeak nor its licensors or suppliers make any representations or warranties concerning any content contained in, generated by, or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY FLEXSPEAK (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, (SUCH AS OF INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS OR RIGHTS OF PERSONALITY), OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FLEXSPEAK (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOST TIME, LOSS OF DATA, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FLEXSPEAK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms will remain in effect while you use the Site. Company may suspend or terminate your rights to use the Site & App at any time for any reason at its sole discretion.
Company respects the intellectual property of others and asks that users of our Site & App do the same. If you believe that one of our users is infringing your copyright, please notify our designated Copyright Agent.
These Terms are subject to occasional revision. Continued use of the Site & App following notice of such changes shall indicate your acknowledgement of such changes.
All disputes arising out of these Terms shall be resolved through binding arbitration as described in the Arbitration Agreement.
For any inquiries or issues, please contact:
Alan Vu
15400 Belgrade St #137
Westminster, California 92683
Email: team@flexspeak.com