Terms and Conditions of Service

Last modified: December 30, 2019

By using this site and making use of Playbooks, a product offered by FlexibleIR ("the Company"), you agree to abide by the following Terms and Conditions. These Terms and Conditions cover all present and future features offered by your FlexibleIR account, individually and collectively referred to as the "Service".

Users of the Service

This Service is provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
This Service is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
Each user is solely responsible for all of his or her actions related to the use of the Service.

Usage Policy and Prohibited Activities

The Service cannot be used for activities prohibited by Swiss law. To protect its services from being misused, abused or being used to harm someone, the Company enforces some rules which apply to every user equally, regardless of the type of subscription. You specifically agree not to use this Service for:

The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney's fees and costs.

Having multiple free accounts is not an acceptable use of the service. Free accounts can also only be created and maintained by their effective users (e.g. it is not acceptable to create accounts in anyone else's name and later transfer credentials to that third party). The Company reserves the right to take action against any free account which it considers abusive in that regard.

Limited Warranties and Liability

The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree neither to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.

The Company does not control, nor is responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the Service.

The FlexibleIR website may contain links to other websites of interest. However, The Company is not responsible for the content of any website that it links to, and external sites are governed by their own terms and conditions and privacy policies.

The Company may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion terminate service without cause or notice.

Indemnification

You agree that the Company and any parents, subsidiaries, officers, employees, or third-party contractors cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service.

Privacy policy

FlexibleIR's Privacy Policy (https://FlexibleIR.com/privacy-policy) explains the way the Company handles and protects your personal data and privacy in relation to your use of the Service and your browsing of the FlexibleIR.com website. By agreeing to the present Terms and Conditions and to be able to use the Service, you agree to our Privacy Policy.

General terms of payment

The Company reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.

Subscriptions

By subscribing to the Service, you agree to become a subscriber for the period you have selected (such as 1 month or 1 year). All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.

If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.

Money Back Guarantee

You may cancel your account with a refund for any unused portion of the service period within 30 days of the initial purchase. Here, any unused portion of the service period refers to the prorated remaining full days of the subscription period. Refunds or credits beyond the 30 days window will be considered, but at the sole discretion of the Service. The Company is only obligated to refund in the original currency of payment and to the original payment method, refunds will be processed within 30 days of the request. To request a refund under our Money Back Guarantee, please contact us using our support form. This money back guarantee clause is only applicable to users who have subscribed to FlexibleIR directly through the official FlexibleIR or the official ProtonMail website (e.g. if you have subscribed to FlexibleIR through the intermediary of a third-party processor, please refer to its respective refund policy).

If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above mentioned refund from the Company. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.

At its sole discretion, the Company may also provide the account holders with a prorated refund for service fees paid during the period the Service was not available or usable, upon the request of the account holder. The Company is only obligated to refund in the original currency of payment and to the original payment method, refunds will be processed within 14 days of the request.

Modifications to Terms of Service

Within the limits of applicable law, the Company reserves the right to review and change these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.

The Company may, at its sole discretion, provide limited technical support, upgrades and updates for the Service. In order to enhance and further develop the Service, the Company may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Service. The Company shall have no obligation to provide support or maintenance for the Services under this Agreement.

Applicable Law

These Terms and Conditions shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Terms and Conditions shall be subject to the jurisdiction of the competent courts of the Canton of Geneva, the jurisdiction of the Swiss Federal Court being expressly reserved.