Last Updated: January 21, 2025
Welcome to Flexie (“we,” “our,” or “us”). Flexie is an AI-powered platform that instantly connects Companies (“Companies” or “Job Posters”) with local untapped talent (“Flexers” or “Job Seekers”). A Company can post various jobs, including temporary shifts, short-term projects, part-time jobs, full-time jobs, or internships, and gets instantly matched with a Flexer based on their preferences.
These Terms of Service (“Terms”) govern your use of our platform, services, and website (collectively, the “Services”). These Terms also govern your relationship with Flexie Inc., a North Carolina corporation (“Flexie,” “we,” “us,” or “our”). We refer to users of the Flexie Services as “User,” “Users,” “Company,” “Companies,” “Job Poster,” “Job Posters,” “Job Seeker,” “Job Seekers,” “Flexer,” “Flexers,” “you,” or “your,” as appropriate.
Flexie will update these Terms over time, and the “Last Updated” date at the top of the Terms will list the last date we updated these Terms. In the event we make minor changes that do not materially affect your rights, we will post the updated Terms on the website. If we make a change that materially affects your rights, we will notify you by email, through the Flexie Services, or by requiring you to review and accept updated Terms before continuing to use the Services.
Flexie takes user privacy very seriously and prohibits third parties from bulk collecting member data or other Flexie information from our Services through the use of scraping or similar technology. For more detail on our privacy practices, please read our Privacy Policy. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including any updates posted here or otherwise communicated to you.
IMPORTANT NOTICE: READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE BINDING ARBITRATION AND A CLASS ACTION WAIVER. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS IN THESE TERMS, PLEASE DO NOT USE THE SERVICES.
To use Flexie Shifts, you must:
When you submit your content on or through the Services, you grant to Flexie a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content, but only in connection with operating and providing the Flexie Services.
You are solely responsible for your content. You represent and warrant that you own your content or that you have all rights necessary to grant us a license to use your content as described in these Terms. You also represent and warrant to Flexie that your content, and the use and provision of your content on the Services will not: (a) infringe or violate a third party’s intellectual property rights such as patent, copyright, trademark, trade secret, moral rights, or rights of publicity or privacy; (b) violate, or encourage others to violate, any applicable law or regulation or in any way would give rise to potential liability; (c) be fraudulent, false, misleading or deceptive; (d) be pornographic, obscene, vulgar, or otherwise offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individuals or groups; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substance abuse.
The Services, including all Flexie content, as well as the selection, arrangement, and composition of such information are proprietary property of Flexie, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services.
Flexie connects workers (“Flexers”) with businesses (“Companies”) seeking to fill shifts or other types of employment. Flexers are not employees of Flexie nor employees of partner companies. Flexers participating in Flexie Shifts are independent contractors until a partner company converts them to permanent staff. Flexers are liable to pay all relevant employment taxes at the end of the tax year. Our role is limited to providing the platform that facilitates these connections.
Flexers:
Companies:
General Prohibitions:
Flexers and Companies will automatically opt into the Flexie Messaging Campaigns to receive marketing emails, SMS, push notifications, and in-app notifications. Message frequency may vary.
SMS Messages
For Flexers’ protection and to protect partner companies from liability of injuries during a shift, Flexers are automatically opted into receiving occupational accidental insurance (OAI) coverage. Flexers who elect to opt out of the OAI coverage must provide proof of equivalent OAI coverage to perform shifts on the platform.
Subject to your compliance with these Terms, Flexie hereby grants you a personal, worldwide, royalty-free, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services solely for the intended use of the Services. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). You also may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Flexie does not intentionally make available through the Services.
Flexie reserves the right to limit your use of the Services. Flexie reserves the right to restrict, suspend, or terminate your access if Flexie believes that you may be in breach of these Terms. Flexie may change or abandon any of its Services at any time without notice. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.
These Terms are effective until terminated by Flexie, and Flexie may terminate these Terms, or suspend or terminate your access and use of the Services at any time, with or without cause, in Flexie’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Services: the sections concerning Disputes, Indemnification, Binding Arbitration, Class Action Waiver, Limitation of Liability, and Miscellaneous Terms, and any other provision that by its terms is intended to survive your use or access to the Services.
All non-Flexie trademarks, product names and logos appearing on our Services are property of their respective owners. The Services may contain materials from third-party websites, advertisements, services, offers, activities, or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by Flexie. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship, or recommendation by Flexie. Third-Party Materials may be subject to their own privacy policies and terms of use that explain and govern your use of those Third-Party Materials.
Flexie has no obligation to monitor the Services. However, you acknowledge and agree that Flexie has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services, or to protect itself or other users of the Services.
This Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Services and Content no distribution or solicitation is made by Flexie to any person to use the Services or Content in jurisdictions where the provision of the Services and/or Content is prohibited by law.
Governing Law
The laws of the State of North Carolina will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
Binding Arbitration
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
You may decline this agreement to arbitrate so long as you contact us at support@Flexie.com within thirty (30) days of first accepting these Terms and stating that you decline this arbitration agreement.
ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN NO INSTANCE WILL ANY DISPUTE BE RESOLVED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IN NO INSTANCE WILL ANY DISPUTE BE RESOLVED IN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER CONSOLIDATED ARBITRATION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Flexie may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Flexie Services “AS-IS”
Your access and use of the Flexie Services is completely at your own risk. You acknowledge, understand, and agree that the Services are provided on an “AS-IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, FLEXIE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nothing will create any warranty not expressly made herein.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER FLEXIE NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLEXIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
You agree to release, defend, indemnify, and hold harmless Flexie and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
These Terms, and any rights and license granted hereunder, may be transferred or assigned by you only with Flexie’ prior written consent, but may be assigned by Flexie without restriction and without notice to you.
These Terms constitute the entire agreement between you and Flexie concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Flexie with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Flexie’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change to the current Services shall be subject to these Terms.
Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Flexie Parties and suppliers or others who are party to written agreements with us explicitly giving them third-party beneficiary rights.
We may also share aggregated and/or anonymized data for a variety of purposes such as research, reporting, and other analytical purposes. Such aggregated data cannot reasonably be linked back to any individual.
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may delete your Account at any time if you no longer wish for your information to be viewable within Flexie. In this way, you may opt out and we will delete the data you submitted as part of the onboarding process. Please note that if you choose to participate in the future, you will need to re-enter all information as part of re-creating your Account.
The Services may contain links to third party sites. Flexie is not responsible for the privacy policies or practices of third-party sites, and we strongly encourage you to read the privacy policies of third-party sites to understand those policies and make an informed decision as to whether to share your information with those sites. Your interactions with third party sites, including social media sites, are governed by the privacy policies of each of those sites.
We are currently unable to recognize or honor Do Not Track (DNT) signals.
Like many other Services, we may use cookies and other similar technologies such as web beacons to collect information. Cookies are data stored on a hard drive that help us improve your use of our site and enhance our ability to track and enhance user experiences on our site. You have the right and ability to change the settings on your browser to refuse cookies, but note that if you do so, you may not be able to access our Services with full functionality.
We maintain security measures that are commercially reasonable in the industry. We take protecting your information very seriously, but please note that no method of storing or transmitting information on the internet is completely secure, and therefore we cannot guarantee or warrant the security of information you share with us. Despite taking reasonable precautions, it is impossible to protect all information from a breach, also referred to as a data breach or security breach.
Individuals under 14 are not permitted to use the Services without the express written consent of a parent or guardian. Such consent gives minors permission to use the services and is an agreement to be bound by these Terms.
By using the Services, you acknowledge that you have read, understood, and agree to these Terms.
If you have questions about these Terms, please contact us by email at support@goflexie.com.