Terms of Service

1. Definitions

• "Account" means a unique account created for You to access the Service.
• "Content" means any data, text, images, or other materials You upload, store, or manage through the Service.
• "Free Plan" means the no-cost tier of the Service with limited features.
• "Paid Plan" means any subscription tier (Hacker, Growth, or any future tier) that requires a recurring payment.
• "Subscription" means the recurring monthly payment arrangement for a Paid Plan.
• "You" means the individual or legal entity accessing or using the Service.

2. Accounts

To use certain features of the Service, You must create an Account. You are responsible for:

• Maintaining the confidentiality of Your Account credentials.
• All activities that occur under Your Account.
• Providing accurate and complete registration information.

You must notify Us immediately of any unauthorized use of Your Account at [email protected]. We reserve the right to suspend or terminate Accounts that violate these Terms.

3. Subscriptions and Billing

3.1 Plans. The Service is available under a Free Plan and Paid Plans. Features and limitations for each plan are described on Our pricing page at flexim.io/pricing.

3.2 Billing Cycle. Paid Plans are billed on a monthly basis in USD (United States Dollar). Your Subscription begins on the date You select a Paid Plan and provide valid payment information.

3.3 Auto-Renewal. Your Subscription automatically renews at the end of each monthly billing cycle unless You cancel before the renewal date. Upon renewal, Your payment method will be charged the applicable monthly fee.

3.4 Price Changes. We may change Subscription fees upon at least 30 days' prior notice. Any price change will take effect at the start of the next billing cycle following notice to You. Your continued use of the Service after the price change constitutes Your agreement to pay the updated amount.

3.5 Payment Processing. Payments are processed securely through Stripe, Inc., a PCI-compliant third-party payment processor. By providing payment information, You also agree to Stripe's Services Agreement. We do not store Your full credit card details on Our servers. Your payment information is handled safely and in accordance with PCI DSS standards.

3.6 Accepted Payment Methods. We accept major credit and debit cards including Visa, Mastercard, and American Express through Stripe.

4. Free Plan

The Free Plan is provided "as is" with limited features as described on Our pricing page. We reserve the right to modify, limit, or discontinue the Free Plan at any time with 30 days' prior notice. The Free Plan does not require payment information.

5. Cancellation

5.1 You may cancel Your Subscription at any time through Your Account settings or by contacting Us at [email protected].

5.2 Cancellation takes effect at the end of the current billing period. You will retain access to Paid Plan features until then.

5.3 After the billing period ends, Your Account will revert to the Free Plan. Your Content will remain accessible under the Free Plan's limitations.

5.4 No refunds are issued for unused portions of a billing period. See Our Refund Policy for full details.

6. Refunds

All fees are non-refundable except as expressly set forth in Our Refund Policy.

By subscribing to a Paid Plan, You acknowledge and agree that payments are non-refundable and that You understand the cancellation terms described above.

6.1 Right of Withdrawal (UK/EU Customers)

Under the Consumer Contracts Regulations 2013 (UK) and the EU Consumer Rights Directive 2011/83/EU, You may have a right to withdraw from a purchase within 14 days without giving a reason.

However, by subscribing to a Paid Plan and confirming Your purchase, You expressly consent to the immediate provision of the Service and acknowledge that You lose Your 14-day right of withdrawal once the Service has been made available to You.

At checkout, You will be asked to confirm: "I agree that the service will be provided immediately and I acknowledge that I lose my 14-day right of withdrawal once the service begins."

If You do not provide this consent, the Service will not be activated until the 14-day withdrawal period has expired.

7. Your Content

7.1 Ownership. You retain all rights to Your Content. We do not claim ownership of any Content You upload or create through the Service.

7.2 License. By uploading Content, You grant Us a limited license to store, process, and display it solely for the purpose of providing the Service to You.

7.3 Responsibility. You are solely responsible for Your Content and ensuring it does not violate any applicable laws or third-party rights.

7.4 Data Export. You may export Your Content at any time while Your Account is active.

7.5 Data Retention — Paid Plans. Your Content is retained for as long as Your Subscription is active. If You cancel Your Subscription, Your Account reverts to the Free Plan at the end of the billing period, and Your Content becomes subject to the Free Plan terms described below.

7.7 Permanent Deletion. Once Content is permanently deleted — whether through inactivity deletion, Account termination, or Your own request — it cannot be recovered. We strongly recommend exporting Your Content regularly.

8. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Infringe upon the intellectual property rights of others.
• Upload malicious code, viruses, or harmful data.
• Attempt to gain unauthorized access to the Service or its related systems.
• Use the Service to send spam or unsolicited communications.
• Resell, sublicense, or redistribute the Service without Our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service.
• Use automated means (bots, scrapers) to access the Service beyond the provided API.

9. API Usage

Access to the Flexim REST API is subject to rate limits as defined for each plan on Our pricing page. Exceeding rate limits may result in temporary throttling or suspension of API access. Abuse of the API may result in Account termination.

10. Intellectual Property

The Service, including its original content, features, functionality, branding, and documentation (excluding Your Content), is and remains the exclusive property of the Company and is protected by copyright, trademark, and other applicable laws.

11. Service Availability

We strive to maintain 99.9% uptime as stated on Our pricing page. However, the Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond Our control. We will make reasonable efforts to notify You of planned downtime in advance.

12. Termination

12.1 We may terminate or suspend Your Account immediately, without prior notice, if You breach these Terms.

12.2 Upon termination for breach, Your right to use the Service ceases immediately. We may retain Your Content for the period described in Section 7.5.

12.3 You may terminate Your Account at any time by contacting Us at [email protected].

13. Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to Your use of the Service.

Our total aggregate liability for any claim arising from these Terms or the Service shall not exceed the total amount You have paid Us in the 12 months preceding the event giving rise to the claim.

14. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.

15. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from Your use of the Service, Your Content, or Your violation of these Terms.

16. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of United Kingdom. Any disputes arising from these Terms shall be resolved in the courts of United Kingdom.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify You of material changes by:

• Posting the updated Terms on this page.
• Updating the "Last updated" date.
• Sending notice via email to the address associated with Your Account.

Your continued use of the Service after changes are posted constitutes Your acceptance of the revised Terms. If You do not agree to the updated Terms, You must stop using the Service and cancel Your Subscription.