Terms of Service

General

We, (the folks at Herzam IT Consulting GmbH) run a service called www.flexilio.com and would love for you to use it. Our basic service is free, and we also offer paid upgrades for advanced features such as support for teams and file storage. Our service is designed to give you as much control and ownership over how you arrange and organize your work as possible. However, be responsible about the content you create. In particular, make sure that none of the prohibited items listed below appear in your account or get linked to from your projects (things like spam, viruses, or hate content).

The following terms and conditions govern all use of the flexilio.com website and all content, services and products available at or through the website, taken together, the "Service". The website is owned and operated by Herzam IT Consulting GmbH ("We", "Us"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this site by Herzam IT Consulting GmbH (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use or access the Service. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.flexilio.com/policies/TermsOfService.

Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk.

Signup, Accounts and Logins

  1. You must provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
  2. Your account must be registered by a person. Automated methods for creating accounts are not allowed.
  3. Your account may only be used by a single person. It is not permitted to share a single account by multiple people. Every person within a company must have his or her own user login.
  4. One person or legal entity may not maintain more than one free account.
  5. You are solely responsible for maintaining the security and confidentiality of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this obligation.
  6. ou are responsible for all content and data in projects created under your account, even if said content is created by other project team members.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Subscriptions ans Payment

  1. Paying account are required to have a valid credit card.
  2. Free accounts can be created without a credit card.
  3. If you upgrade from the free plan to any paying plan, you will be charged for your first month immediately upon upgrading.
  4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds for partial months of service, or for months unused with an open account.
  5. You will be billed automatically for the monthly Service on the day of your signup and every following 30 days.
  6. Unless you notify us before the end of the applicable subscription period that you want to cancel your account, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using your credit card
  7. If you do not provide payment, we reserve the right to immediately deny access to your account until payment is received.
  8. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  9. If you upgrade your account, you will be immediately charged the pro-rated difference between your previous plan and the newly-selected plan. On your next billing cycle, you will be charged the full amount of the new plan.
  10. If you downgrade your account, you will be charged the amount of the newly-selected plan on your next billing cycle. You will not receive a refund for the difference in plan prices for the partial month.
  11. Downgrading your account may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
  12. If you choose to downgrade your account, your account must fit within the restrictions (number of projects, team members, attachments, etc.) of the new plan selected.

Cancellation and Termination

  1. An account can be canceled at any time by clicking the Delete Account button from your dashboard within the application.
  2. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
  3. Upon cancellation, all of your content will be immediately deleted from the Service. This data cannot be recovered once your account is canceled.
  4. If you cancel the Service before the end of the month for which you have already been billed, the difference will not be refunded for a partial month.
  5. Herzam IT Consulting GmbH, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
  6. We reserve the right to refuse service to anyone for any reason at any time.

Service Modifications

  1. Herzam IT Consulting GmbH reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  2. We reserve the right to modify or terminate the Service or any part of it for any reason, with or without notice at any time.
  3. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
  4. Herzam IT Consulting GmbH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

International Use

  1. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside of Switzerland and accessing them from territories where their contents are illegal is prohibited.
  2. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
  3. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and any content created under your account remain yours.
  2. Content is not pre-screened, but Herzam IT Consulting GmbH and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The Service, its design and the underlying code is copyright © 2011 Herzam IT Consulting GmbH. All rights reserved. You may not duplicate, copy, or reuse any portion of the Service without express written permission from Herzam IT Consulting GmbH.

Indemnification

  1. You agree to indemnify and hold harmless Herzam IT Consulting GmbH, its contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

General Conditions

  1. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders.
  3. You understand that in order to operate and maintain the Service, we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other related technology.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material of the Service, use of the Service, or access to the Service without the express written permission by Herzam IT Consulting GmbH.
  5. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  6. You represent and warrant that the data in your account does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
  7. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
  9. We make no warranty concerning the Service. Accordingly, service and all other data, materials, and documentation provided in connection with this agreement by Herzam IT Consulting GmbH and its suppliers are provided "as is" and "as available," without representations or warranties of any kind. Herzam IT Consulting GmbH and its suppliers make no other warranties, express or implied, by operation of law or otherwise, including, without limitation, any implied warranties of noninfringement, merchantability or fitness for a particular purpose or any implied warranties arising out of course of performance, course of dealing or usage of trade. We do not warrant that the service will be provided error-free, uninterrupted, completely secure or virus-free.
  10. The failure of Herzam IT Consulting GmbH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Herzam IT Consulting GmbH and govern your use of the Service, superseding any prior agreements between you and Herzam IT Consulting GmbH (including, but not limited to, any prior versions of the Terms of Service).

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