Last Updated: November 20, 2022
Welcome to Flexie, a platform connecting requestors (“Posters”) and performers (“Giggers”) flexible jobs (“Gigs”). A Poster posts a Gig and gets matched with a Flexer who performs the gig.
This Terms of Service (the “Terms”) applies to your use of Flexie mobile applications, the Flexie.com website, and any other associated Flexie services (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 “User,” “Users,” “Posters,” “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.
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.
If you wish to use the Flexie platform to post Gigs you would like for a Flexer to perform for you, you will need to create a Poster Account (a “Poster Account”) to use Flexie. You must be 18 years old to post a Gig on the Flexie platform.
If you would like to obtain access to Flexie as a person who wishes to perform Gigs, you will need to have a Flexer Account (“Flexer Account”) to access Flexie. Because safety is a priority for Flexie, Flexers must consent to and pass a comprehensive background check before Flexie will activate a Flexer Account. As part of signing up for a Flexer Account, you will have to pay a nonrefundable background check fee. A Flexer’s access to Flexie will remain pending until the background check returns information acceptable to Flexie, in Flexie sole discretion.
If you are under 18 year old, but at least 14 years old, you can work as a Flexer through Flexie. However, we require the written consent of a parent or guardian, and identification proving legal name and age, in order for you to create an active Flexer Account. We also take extra precautions for our younger Flexers, including limiting the types of Gigs you can see and the number of hours each day and week that you can perform Gigs through Flexie. Flexie, in its sole discretion, reserves the right to change or limit the ways in which younger Flexers work through Flexie.
Flexie charges Posters and Flexers the then-current fees, which are displayed on the platform. In the event that the Poster has an issue with the completion of the GiG, the Poster has 24 hours to submit a dispute over the Gig, otherwise the Gig is automatically “closed” and the payment will be submitted for processing. Payments are processed within 48 hours of the Gig’s completion unless there is a dispute submitted by the Poster. Posters and Flexers contract with each other, and Flexie will not be a party to any contract for a Gig. Flexie shall not be obligated to compensate a Flexer for a Poster’s failure to pay for a Gig.
Flexie uses a third-party payment processor, Stripe. Flexie does not store your credit card or bank account information. As a condition of Flexie enabling payment processing services through Flexie, you agree to provide Flexie accurate payment information, and you authorize Flexie to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe.
We count on you to truthfully provide the information necessary to create an Account, and you agree not to misrepresent any information about yourself in creating or updating your Account.
Please keep in mind the importance of keeping your Account, as well as other content and communications with Flexie, professional. You are responsible for all content you upload to Flexie, and we prohibit content that is violent, discriminatory, threatening, pornographic, or otherwise sexually suggestive. You also agree not to harass, bully, abuse, intimidate, or impersonate other people or entities. In general, you further agree to refrain from using the Flexie Services for any illegal or unauthorized purpose, including fraud, identity theft, copyright infringement, or spam.
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.
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.
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.
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.
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.
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 the current Services shall be subject to these Terms.
If you have questions about these Terms, please contact us by email at support@Flexie.com.
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.
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.