Welcome to Flexy Platform!

Thank you for choosing our services. These Terms of Use govern the use of the platform and establish the rights and obligations between you and Flexy Platform. We are also committed to protecting your personal data, complying with all applicable privacy and security regulations, and ensuring the quality and proper functioning of our services.

Accessing and using the Platform implies acceptance of these Terms. If you do not accept these terms, you may not use our services.

1. DEFINITIONS

"Platform": The software and cloud services provided by Flexy Platform.
"User" or "Client": Any individual or legal entity using the Platform.
"Subscription": The access plan to the Services chosen by the Client.
"Client Data": Any information uploaded by the Client to the Platform.

2. PURPOSE OF THE AGREEMENT

This Agreement outlines and clarifies the terms and conditions governing the use of the Flexy Platform, addressing key aspects such as:

Registration and Account

Users must create a secure account.
Flexy Platform can suspend or terminate accounts for violations.

Subscriptions, Payments, and Billing

Subscription details, payment methods, and non-refundable terms.
15-day grace period for payment before suspension.

Authorized Use of the Platform

Users must comply with laws and Terms.
No unauthorized access, modifications, decompiling, resale.
Use of the Platform for illegal activities, including the sale of prohibited or illegal products (e.g., alcohol, drugs, counterfeit goods, etc.), is strictly forbidden. Flexy reserves the right to suspend or terminate accounts violating these terms.

Technical Support, Maintenance, and Updates

Flexy Platform provides support and maintenance.
Regular updates and scheduled maintenance.

Platform Protection and Rights

Flexy Platform owns all intellectual property.
Clients retain ownership of work performed; migration options available.

Regulations (GDPR, CCPA, and Other Global Laws)

Compliance with privacy laws (including GDPR, CCPA, and other global laws).
Users have the right to delete their data.

Limitation of Liability

Flexy Platform is not liable for indirect damages or misuse.
Liability limited to the subscription amount.

Subscription Duration and Refund Policy

30-day notice required for subscription cancellation.
Refunds available for new clients within 30 days.

Termination and Data Migration

Migration solutions offered upon contract termination.
Clients are responsible for data after migration.

Changes to the Terms of Use

Flexy Platform may modify these Terms.
Changes communicated with a 30-day notice.

Technical Security of the Project

Secure communications (SSL), DDoS protection, and Web Application Firewall (WAF).
Regular security monitoring, backups, and optional Multi-Factor Authentication (MFA).

3. REGISTRATION AND ACCOUNT

3.1 Account Creation

To access the Platform, The Client must have an account. This can be created directly by The Client via the website by providing accurate and up-to-date information or generated by our team, who will then provide The Client with their login credentials.

3.2 Security Responsibilities

The Client is responsible for the security of their credentials and must immediately report any unauthorized access.

3.3 Account Suspension or Termination

Flexy Platform reserves the right to suspend or terminate an account in case of a violation of these Terms.

3.4 Domain Name Ownership and Access

a. Subdomain Provision

Each user is provided with a standard subdomain (e.g., yourbusiness.flexyplatform.com) for accessing the platform. This subdomain remains the exclusive property of Flexy and is not transferable.

b. Custom Domain Ownership (e.g., yourbusiness.com)

If the domain was acquired by the user through an external provider, the user retains full ownership.
If the domain was purchased through Flexy, ownership remains with Flexy unless otherwise agreed in writing.

c. Domain Access Upon Termination

Upon termination of the contract, Flexy will grant the user full access to the custom domain, whether it was purchased by Flexy or another provider.
If the domain was registered by Flexy, the transfer will be processed upon request, provided all outstanding dues are settled.

d. Transfer Request & Timeframe

The user must request the domain transfer within 30 days of contract termination. Failure to do so may result in administrative fees or loss of access.

3.5 License Key Usage

a. License Key Assignment

Access to the Platform is granted under a unique, system-generated License Key assigned to each Client. The License Key is provided as part of a separate Contract of Engagement between Flexy Platform and the Client.

b. License Key Restrictions

This License Key is required for activation and continued use of the Platform and must not be shared, duplicated, or resold.

c. License Key Validity

The License Key remains valid for the duration of the Client’s active subscription. Upon expiration, renewal is required to maintain access.

d. License Key Revocation

Flexy Platform reserves the right to revoke or suspend a License Key in cases of violation of these Terms, non-payment, or unauthorized use.

4. SUBSCRIPTIONS, PAYMENTS, AND BILLING

4.1 Subscription and Billing

The Platform’s services are accessible via subscriptions as well as custom billing solutions tailored to the Client's needs.

4.2 Payment Methods

Payment must be made by Cash, Check, Credit card, Bank transfer, or SEPA transfer, and access to the Services is only guaranteed after payment has been received.

4.3 Third-Party Payment Providers

Flexy integrates with third-party payment gateways, including but not limited to Stripe or PayPal. However, Flexy is not responsible for:

The availability, performance, security, or transaction processing of these external payment providers.
Any agreements, terms of service, or fees associated with third-party payment providers.
Failed transactions, chargebacks, fraud, or disputes between the user and the payment gateway.
Technical issues, downtime, or service disruptions related to third-party payment providers.

4.4 Non-Payment Policy

In case of non-payment, The Client may continue to use the Platform for 15 days. After this period, their account will be suspended. If no payment is made within 15 days following the suspension, the account will be permanently deleted.

4.5 Refund Policy

Payments are non-refundable unless otherwise specified by contract or law.

5. AUTHORIZED USE OF THE PLATFORM

5.1 Platform Module Accessibility & Transferability

The Flexy platform is structured as a modular system, allowing users access to standard and integrated modules.

Customized modules, developed specifically for an individual customer, belong exclusively to that customer and are not accessible by other users.
Due to proprietary algorithms and system incompatibilities, customized modules cannot be transferred to other platforms or systems upon contract termination.
Only Soft Migration can be applied (See clause 11).

5.2 Compliance with Laws

The Client agrees to use the Platform in compliance with applicable laws and these Terms.

5.3 Prohibited Activities

It is strictly prohibited to:

Use the Platform for illegal, fraudulent, or unauthorized purposes.
Modify, decompile, copy, or distribute the Platform’s software.
Share or resell access to the Services without written authorization from the Provider.
Sell alcoholic or illegal products online. The Client is responsible for managing alcohol-related or other restricted products in their account but is not permitted to sell them through the Platform.

5.4 Account Suspension & Legal Compliance

Flexy Platform reserves the right to suspend or close accounts that do not comply with these provisions.

Additionally, Flexy Platform is not responsible for any illegal activities or products, whether they violate national or international laws. In certain cases, Flexy Platform may collaborate with legal authorities as required by law.

6. TECHNICAL SUPPORT, MAINTENANCE, AND UPDATES

6.1 Technical Support

Flexy Platform provides technical support via email, chat, and phone during the hours specified on the official website.

6.2 Scheduled Maintenance

The Platform may undergo scheduled maintenance, with interruptions communicated in advance.

6.3 Platform Updates

Flexy Platform ensures regular updates, including:

Evolutionary updates to add new features and optimize performance.
Corrective updates to fix bugs and improve stability.

6.4 Liability for Interruptions

Flexy Platform is not responsible for interruptions or malfunctions caused by force majeure or technical issues beyond its control.

7. PLATFORM PROTECTION AND RIGHTS OF THE PROVIDER AND CLIENT

7.1 The Flexy Platform is proprietary software and is not open source. All intellectual property rights, including source code, algorithms, user interfaces, and features, belong exclusively to Flexy Platform.
7.2 Work performed for the Client: Any data, customized content, specific configurations, database, or development carried out at the Client’s request remains their property. Flexy Platform respects this ownership and commits to facilitating the retrieval of the Client’s assets in case of contract termination.
7.3 Data migration and service continuity:
- To ensure the Client’s business continuity, Flexy Platform offers a data migration solution (see Clause 11) instead of simply deploying the entire project on another server.
- This approach is necessary to protect Flexy Platform's intellectual property and innovations from theft, reproduction, or unauthorized use.
- Depending on the project, data will be exported in a compatible format (Excel, JSON) or migrated to a system chosen by the Client (e.g., WordPress, ERP, e-commerce).
7.4 Any attempt to copy, reverse-engineer, distribute, or use the Platform without authorization is strictly prohibited and may result in legal action.
7.5 The Client is responsible for the security and legality of the data they upload to the Platform.
7.6 The data collected will be strictly retained by our Platform, and we assume full responsibility in case of misuse.
7.7 Flexy Platform is committed to ensuring user data confidentiality and will never disclose it to third parties without consent, except when legally required.
7.8 Flexy Platform guarantees not to sell or transfer an identical or equivalent product that is part of the same service to third parties, ensuring the exclusivity and integrity of the solution provided to the Client.
7.9 When a user cancels their contract, their data and account will be immediately deleted.

8. DATA PROTECTION COMPLIANCE (GDPR, CCPA, and Other Global Laws)

8.1 Flexy Platform is committed to complying with all applicable national and international regulations on personal data protection and privacy, including but not limited to:
- General Data Protection Regulation (GDPR) – European Union
- California Consumer Privacy Act (CCPA) & California Privacy Rights Act (CPRA) – United States (California)
- Personal Information Protection and Electronic Documents Act (PIPEDA) – Canada
- Quebec Law 25 (formerly Bill 64) – Canada (Quebec province)
- Lei Geral de Proteção de Dados (LGPD) – Brazil
- UK Data Protection Act (DPA 2018) – United Kingdom
- Federal Data Protection Act (FDPA) – Germany
- Commission Nationale de l'Informatique et des Libertés (CNIL) – France
- Personal Data Protection Act (PDPA) – Singapore
- Personal Data Protection Act (PDPA) – Thailand
- Personal Information Protection Law (PIPL) – China
- Act on the Protection of Personal Information (APPI) – Japan
- IT Act & SPDI Rules – India
- Protection of Personal Information Act (POPIA) – South Africa
- Data Protection Law 2020 (DPL) – United Arab Emirates (UAE)
- Personal Data Protection Law – Saudi Arabia
- Kenya Data Protection Act – Kenya
- Other relevant data protection laws in jurisdictions where Flexy Platform operates.
8.2 Flexy Platform implements all necessary measures to ensure compliance with these regulations, guaranteeing the security and confidentiality of Users’ personal data.
8.3 Users have the right to access, rectify, delete, or restrict the processing of their personal data at any time, in accordance with applicable legislation. Flexy Platform commits to fulfilling such requests within the legally required time frame.
8.4 In jurisdictions where specific rights apply, such as the right to data portability, the right to object to data processing, or the right to opt out of data sales or targeted advertising, Flexy Platform ensures compliance with these legal obligations.
8.5 Flexy Platform continuously monitors changes in data protection laws and updates its compliance measures accordingly.

9. LIMITATION OF LIABILITY

9.1 Flexy Platform cannot be held liable for indirect damages, economic losses, or service interruptions resulting from:
- Misuse of the Platform.
- Technical issues beyond the Provider’s control.
- Force majeure events (e.g., cyberattacks, network outages, natural disasters).
9.2 In any case, the total liability of Flexy Platform shall not exceed the amount paid by The Client for their monthly or annual subscription.

10. SUBSCRIPTION DURATION AND REFUND POLICY

10.1 The subscription duration corresponds to the selected plan and is automatically renewed unless canceled with a 30-day notice.
10.2 The Client may withdraw from the service with a 30-day notice. Any refund will be proportional to the unused subscription period, if applicable.
10.3 If the Client is new and decides not to continue within the first 30 days, they may benefit from the "Satisfied or Refunded" guarantee, subject to the conditions defined by Flexy Platform. In this case, a full refund of the subscription will be issued, provided that the request is made within 30 days of registration and that no excessive use of the services has been detected.

11. TERMINATION AND DATA MIGRATION

11.1 To ensure the Client's comfort, respect their choice, and ensure the continuity of their project even in the event of contract termination, the Provider offers suitable migration solutions.
11.2 The Provider may suspend or terminate access to the Platform in case of violation of the Terms.
11.3 In case of termination, the Client may request the migration of their data to another system. Depending on the type of service used:
- For a website or e-commerce, migration can be carried out to the system chosen by the Client (e.g Wordpress).
- For an ERP system, data will be provided in Excel or JSON format. If the target system supports dynamic migration, a direct migration may be performed.
11.4 Data migration is preferred over simple deployment on another server because the Flexy Platform is not open source. This restriction aims to protect our patent and project from any risk of theft, reproduction, or illegal reuse.
11.5 Collaboration and Communication During the Notice Period:
- During the 30-day notice period before contract termination, the Provider commits to proactive collaboration and maintaining open communication with the individuals or teams who will take over the Client's project.
- This collaboration will include providing technical information, clarifying aspects of migration, and responding to questions related to the project.
- The Provider will ensure that those responsible for taking over the project have all the necessary information to carry out the migration or project handover under optimal conditions.
11.6 Any migration request must be made before the contract ends. Additional fees may apply depending on the complexity of the transfer, but these will be clearly defined and explained to the Client before any action is taken. The Provider commits to providing an estimate of migration costs as soon as the request is made, so the Client can make an informed decision.
Note: Flexy Platform is not responsible for the proper functioning of the solutions chosen by the Client after migration. Indeed, the Flexy Platform system is designed to offer specific integrated features, which may differ from those of other solutions chosen by the Client. Therefore, the Client assumes full responsibility for the proper functioning and management of third-party solutions after migration.

12. CHANGES TO THE TERMS OF USE

12.1 These Terms of Use may be updated in the event of technical developments of the Platform, service improvements, or legislative and regulatory changes requiring adaptation. In such cases, Flexy Platform reserves the right to modify certain clauses while respecting the fundamental commitments made to Users. Any modification will be communicated with a 30-day notice.
12.2 Continued use of the Platform after the changes take effect implies acceptance of the new terms, as long as they do not undermine the fundamental commitments made by Flexy Platform to its Clients.

13. TECHNICAL SECURITY OF THE PROJECT

13.1 Protection of Communications
- All communications between The Client and the Platform are secured using SSL/TLS protocols to ensure the confidentiality and integrity of the exchanged data.
- SSL certificates are regularly renewed to ensure encryption in accordance with the most up-to-date security standards.
13.2 Protection Against Attacks
- The Platform is protected against DDoS (Distributed Denial of Service) attacks through filtering systems and automatic traffic limitation of suspicious traffic.
- A Web Application Firewall (WAF) is in place to detect and block intrusion attempts, SQL injections, and other common attacks.
13.3 Security Monitoring and Auditing
- Access and activities on the Platform are monitored in real-time to detect any anomalies or attempts of compromise.
- Regular security audits are carried out to identify and correct potential vulnerabilities.
13.4 Access Management and Authentication
- Access to User accounts is protected by a secure authentication system.
- Multi-factor authentication (2FA) can be activated upon request, but it is not included by default.
13.5 Backup and Disaster Recovery
- Automatic data backups can be implemented upon request to ensure recovery in case of an incident.
- A disaster recovery plan (DRP) can be implemented based on the Client's specific needs, but it is not enabled by default.
13.6 Security Updates and Patches
- The Platform applies regular updates, including security patches, to protect against new threats.
- Any detected security vulnerability is corrected as quickly as possible to minimize the risks of exploitation.