Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Flex platform, including the related mobile applications, products, websites, technology, software, and services (collectively, "Services"). More information about the Services may be found at https://www.hyena-ebike.com. These Terms specifically incorporate Flex's Acceptable Use Policy, Community Standards, Privacy Policy, and any other terms you may enter into with Flex. Otherwise, the Services are provided to you by Hyena Inc. In these Terms, "Hyena Inc." is the legal entity providing the Services. The words "Flex" refer to the mobile application and platform; "we," "us," or "our" refer to Hyena Inc.

1. Agreement

These Terms are a binding agreement (contract) between you and Flex. You indicate your acceptance of these Terms by accessing, using, or signing up for any Services. If you do not agree to these Terms, do not access, use, or sign up for any Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms; that these Terms are fully binding on them; and that you have full authority to use or manage the Services on their behalf, including the creation and management of user accounts. In such cases, the terms "you" or "your" will refer to the entity and its affiliates. If you do not have this authority, you must not access or use the Services.

2. Accounts

Age Limit

The Services are intended only for persons who are at least 16 years old, or such higher age as may be required in your jurisdiction. If you are under the legal age to form a legally binding contract in your jurisdiction, you may use the Services only with the permission of your parent or legal guardian.

If you are a parent or legal guardian of a Flex user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms.

Flex always reserves the right to refuse access to the Services by users under the legal age, in our sole discretion.

Signing Up

To use the Services, you must sign up and create an account. By creating an account, you agree:

• To provide accurate, current and complete information about yourself ("User Data");
• To keep User Data up to date, and make any changes as soon as possible;
• That Flex may use your User Data to provide Services that you access or use and as set out in these Terms and our Privacy Policy;
• To create only one account for your personal use and not to share your account or Flex subscription with others;
• That all activities associated with your account on the Services reflect authentic activities done by you;
• That Flex has the right to suspend or terminate your account and refuse current or future use of the Services if you violate these Terms, or as otherwise determined within Flex's discretion.

Security

You are fully responsible for maintaining the confidentiality of your account password and for preventing unauthorized access to your account. You accept full responsibility for all activities that occur under your account or from your devices.

You agree to notify Flex immediately of any unauthorized access or use of your account or password, or any other breach of security. Unauthorized access to your account could expose your User Data and any other information or content you provide to Flex to unwanted or unintended third parties.

Third-Party Integrations

You may sign up for or login to your account via a third-party network, such as Google or Apple. If you do this, you authorize Flex to fill in the registration and other relevant information fields of your account and/or use such third-party credentials to log you into your account, based on those third parties' privacy policies.

You may also choose to connect or share information with third-party apps, plugins, or websites that integrate with the Services, like Strava and Tree-Nation, as well as with third parties who work with Flex to offer an integrated feature, such as a challenge sponsor, media streaming, or tracking device.

Information collected by these third parties is subject to their own terms and policies, and Flex is not responsible for the terms or policies of third parties.

3. Ownership of Content

In these Terms, "Content" means any content created, shared, posted, or made available in connection with the Services, such as text, images, routes, or other data, whether posted or shared publicly, privately, or via a third-party API. You will remain the owner of intellectual property rights (such as copyright) in your Content.

You agree and confirm that:

• You own all Content shared, posted or made available by you in connection with the Services, or that you have the legal right to use such Content;
• Your sharing, posting, or use of Content does not violate, misappropriate, or infringe on any rights of a third party, including (without limitation) privacy rights, publicity rights, copyrights, or other intellectual property rights; and you will be fully responsible for all royalties, fees, and any other obligations in connection with any Content you share, post, or use in connection with the Services.
• Your relationship with Flex is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Flex in a position that is any different from the position held by members of the general public, including with regard to your Content.

If you believe any Content available on the Services violates your intellectual property rights, please contact us by reporting a violation in the app.

4. License

To provide the Services, we need permission to use your Content. This permission is called a license.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any of your Content and any name, username or likeness that you post on or in connection with the Services, solely as necessary to operate, provide, and improve the Services in accordance with your privacy controls. We will use your Content as set out in our Privacy Policy. We do not use your name, profile photo, likeness, or Content for third-party advertising.

This license ends when your Content is deleted from Flex's systems or when you delete your account, including for any likes and comments you have made on other users' content.

You agree and confirm that you are able to give Flex any licenses, rights, or other permissions set out in these Terms.

5. Your Feedback

You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, "Feedback"). If you provide Feedback, you grant Flex a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, do not send Flex any Feedback if you do not want to give us the license set out in this section. For the avoidance of any doubt, Feedback is not considered Content for the purposes of Section 4 (License).

6. Responsibility for Content and Conduct

We want all of our users to enjoy their Flex experience in a safe and positive environment. For this reason, we have developed our Acceptable Use Policy and Community Standards, which form part of these Terms.

You are fully responsible for Content which you post, upload, share, transmit or make available via the Services, including any illegal Content. Flex is not responsible for, and does not endorse or support, any Content. We do not guarantee any aspect of any Content, including its accuracy, completeness, usefulness, or quality. You accept all risks relating to use of the Services, including risks arising from reliance on the accuracy, completeness, usefulness, or quality of any Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable, or illegal.

Flex may—consistent with relevant laws—screen, monitor, hide, restrict, refuse or remove any Content that we find violates these Terms or is objectionable based on our policies or standards. If you believe any Content violates our policies, standards, or Terms, please report it to us. For more information on the action we may take against Flex accounts that are found to be in violation of these Terms and our standards, and what to do if you believe action has been taken in error, please see our enforcement policies. If you are in the EU, you may have additional rights under the EU Digital Services Act, including the right to be informed of and to challenge content moderation decisions, as described in our enforcement policies.

Flex makes no representation that any Content or Services are appropriate or available for use in your location. Access to or use of any Content or Services from locations where access or use is illegal is prohibited, and you are responsible for compliance with all your local laws. You may not use or export Content or Services in violation of U.S. export laws and regulations.

7. Responsible Use of Geolocation Features

You accept all safety, security, and other risks associated with the use of any Flex or third-party geolocation features, tools, and technology, including when recording or sharing GPS-based activities via the Services, or using other map- or location-based features on the Services. These risks may be greater depending on your circumstances, e.g., if you work in a sensitive job or position of trust. To the maximum extent permitted by law, Flex is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.

8. Privacy Controls

Your Content will not be subject to any obligation of privacy or confidence on the part of Flex, except as set out in our Privacy Policy and your chosen privacy controls, and Flex will not be liable for any use or disclosure of any Content you provide.

Content is public by default when you sign up for the Services, except where a higher-privacy default applies — for example, users under 18 years of age are placed in a high-privacy, age-appropriate default in which activities are private ("Only me"), as described in our Privacy Policy. Our privacy controls allow you to mark certain Content as private or available only to a limited group of Flex users.

You are responsible for the public nature of your Content if you do not choose to mark your Content as private or available for a limited group of users, or if you later change your choice to make such Content public.

9. Personalized Experience

Personalization is a core part of our Services. We will personalize your Services to provide you with a unique user experience. We do this based on data relating to you, your use of the Services, and information about users similar to you. For example, we may use information like your location, who you follow, who follows you, your engagement with Content and other users, and other data. We may use this information to decide, for example, what to show in your feed, which weekly goals, challenges and eco campaigns to recommend, and who to follow.

10. Personal Use

The Services are for your personal use only. You may not charge any person for any part of the Services, use of the Services, or access to Content. Unless Flex agrees otherwise in writing, you cannot use the Services for business-related purposes.

EcoGems and Rewards

Flex's EcoGem reward program allows you to earn EcoGems through riding activities, completing weekly goals, and other qualifying actions, and to redeem them through Eco Campaigns such as tree planting via our partner Tree Nation. The following terms apply:

• EcoGems have no monetary value and cannot be exchanged for cash.
• EcoGems are personal and non-transferable. They may not be sold, gifted, or otherwise transferred to another account.
• Hyena may modify, suspend, or discontinue the EcoGem program or any Eco Campaign at any time. We will provide reasonable advance notice of material changes.
• EcoGems earned through activity that is found to violate these Terms or our Community Standards may be forfeited.

Detailed program rules are set out in our Reward Program Terms.

Ride Data

Flex is an e-bike companion platform. When you record a ride, the Services collect and process ride data including GPS location, speed, distance, elevation, power output, cadence, and other performance metrics (collectively, "Ride Data"). You acknowledge that:

• Ride Data metrics shown in the app are approximations. Hyena does not guarantee their accuracy.
• Calorie data is an estimated value derived from device-reported power data using fixed energy-conversion coefficients and assumed mechanical efficiency. The estimate may be affected by sensor accuracy, sampling frequency, vehicle configuration, motor-assist levels, and the power source (rider versus motor). Calorie data is provided for general activity reference only and must not be used for medical, health diagnostic, nutritional, or exercise prescription purposes.
• Ride Data is processed in accordance with our Privacy Policy. Hyena may use anonymized and aggregated Ride Data for product improvement and research.
• Nothing in the Ride Data displayed through the Services constitutes medical, fitness, or safety advice. You are responsible for your own safety when riding.

Enforcement and Community Suspension

For most violations of these Terms or our Community Standards, Hyena's response will be to restrict access to community features, including but not limited to posting activities, commenting, and appearing in rankings. The following are not affected by a community feature suspension:

• Your ride history and activity records
• Your EcoGem balance
• Your personal statistics
• Your e-bike connectivity and functionality

Account termination (as distinct from community suspension) is reserved for the circumstances described in Section 22.

11. Third-Party Products

To use some features of the Services, you may decide to purchase third-party products or services, e.g., a GPS device to track your location. Even if Flex recommends a third-party supplier, product, or service to you, we will have no responsibility for anything relating to your purchase or use of the third-party product or service, and we do not guarantee that any third-party product or service will work with the Services or be error-free.

Through the Services, either Flex or third parties may provide links or advertisements to third-party internet sites or resources. Flex does not endorse and is not responsible for any Content, information, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Flex is not responsible for the availability of such external sites or resources.

The Services may display products and services sponsored, shown, or offered by third parties. If you decide to deal with a third party or explore or purchase any of their products or services, you are dealing and contracting directly with that third party, and not with Flex. Flex is not a party to any terms between you and the third party. YOU AGREE THAT FLEX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTIES AVAILABLE VIA THE SERVICES.

12. Communications

The Services let you interact with other users through public features such as posts and comments. The Services do not provide private messaging. You agree and confirm:

• To use available interaction features consistent with these Terms, and for purposes relevant to the Services;
• Your posts and comments will be considered your Content and will be governed by these Terms and relevant laws.
• Depending on your account settings, your posts and comments may be public.
• Flex may pre-review, post-review, screen, archive, or otherwise monitor posts and comments consistent with and to the extent permitted by law. This includes reviewing reported content when a user has been reported to us.
• All notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

13. Other Flex Users

The Services are a place to connect Flex users virtually, in order to share experiences and information in a safe and positive way. Flex is a neutral party to any interactions between users, and we are not responsible for these interactions or any information shared between users. We have no responsibility to confirm the identity of our users or any other information about them, such as qualifications, background, or abilities. You must always use common sense and good judgment when dealing with any other Flex users.

14. Proprietary Rights

You acknowledge and agree that the Services, any software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by relevant intellectual property and other laws. This information may belong to Flex or third parties. Unless expressly allowed by relevant law or authorized by Flex or the relevant third party, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the software, or Content available on the Services (other than Content that you may submit), in whole or in part.

Flex grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, display, perform, reproduce, transmit, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or aspect of the Services, except where permitted by law.

You agree not to access the Services by any means other than through the interfaces that are provided by Flex. You are prohibited from accessing any data on the Services that you are not expressly authorized to access. Automated access to or collection of data from the Services—by any means, including data mining, robots, screen scraping, scripts, or similar data-gathering tools or software such as browser extensions and crawlers—is prohibited. This prohibition applies regardless of whether you are logged into a Flex account at the time of such automated access or collection.

Any link you create to the Services, including linked content, may not show Flex or the Services in a false, misleading, derogatory, or defamatory manner. The site where you place the link may not contain any pornographic, illegal, offensive, harassing, or other material which we decide is objectionable, without limitation.

The term Flex, the Flex logo, the look and feel of the Services, and all other Flex logos and product- and service-names are the exclusive trademarks of, and are owned by, Flex, and you may not use or display such trademarks in any way without Flex's prior written permission. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Flex.

Flex reserves all rights not expressly granted in these Terms. We may immediately withdraw any licenses, rights, or permissions given to you in these Terms whenever we choose, whether generally or in a specific case, without having to give any reasons.

15. Claims of Infringement

If you believe in good faith that Content available on the Services infringes your copyright or trademark rights, you may send a written notice to our contact below requesting that the material be removed or access to it blocked. Your notice must include: (a) a physical or electronic signature of the rights holder or an authorized representative; (b) identification of the work claimed to have been infringed; (c) identification of the material on the Services you believe infringes your rights, with sufficient detail for us to locate it; (d) your name, address, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the rights owner.

Flex will review notices that meet these requirements and take appropriate action, which may include removing the reported Content. We may share information from your notice with the user who posted the Content.

Hyena Inc. has designated a Copyright Agent with the U.S. Copyright Office pursuant to the Digital Millennium Copyright Act. Notices submitted to the contact below will be processed in accordance with applicable law.

Agent to Receive Notices of Claimed Infringement:

Hyena Inc., Attn: Legal Department, No. 25, Jingke N. Rd., Nantun Dist., Taichung City 408, Taiwan (R.O.C.), legal@hyena-ebike.com.

16. Disclaimer of Warranties

THE SERVICES AND ANY CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. HYENA INC. AND ITS SUBSIDIARIES, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. HYENA INC. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICES OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY CONTENT WILL BE ACCURATE OR RELIABLE; AND (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ANY ATHLETIC ACTIVITIES DONE PURSUANT TO OR RELATED TO YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM.

YOU EXPRESSLY AGREE THAT ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, RIDING ACTIVITY DATA, PERFORMANCE METRICS, AND ANY AI-GENERATED CONTENT SUCH AS CONVERSATIONAL SUMMARIES OF YOUR RIDING PROGRESS OR GOAL STATUS) SHARED VIA THE SERVICES OR ANY CONTENT, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES, IS FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE OF ANY NATURE. SUCH INFORMATION SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR (B) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF THE SERVICES OR ANY CONTENT, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

YOU EXPRESSLY AGREE THAT FLEX DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY CHALLENGE, CAMPAIGN, GOAL, OR ACTIVITY UNDERTAKEN IN CONNECTION WITH THE SERVICES.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO RELEASE HYENA INC., ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES AND ANY CONTENT, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY PRODUCT, SERVICE, GOOD, OR APPLICATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HYENA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

HYENA INC.'S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) FIFTY DOLLARS ($50), OR (B) THE AMOUNT OF FEES PAID BY YOU TO FLEX IN THE 12-MONTHS PRIOR TO THE DATE OF THE CLAIM.

If you live in a jurisdiction that does not allow for certain disclaimers, limitations, or exclusions, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you. Solely to the extent that any of the disclaimers, exclusions, or limitations in these Terms does not apply to you, all remaining disclaimers, exclusions, and limitations that do apply shall continue to apply to your use of the Services and the Content.

18. Artificial Intelligence

As part of providing the Services, we may use and develop artificial intelligence ("AI") and machine learning ("ML") to provide features designed to enhance your training and improve the Services ("AI Features"). AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI Features at your own risk. You should always use common sense and good judgment before acting on any AI-generated content. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use AI in our Privacy Policy.

19. Indemnity

You agree to indemnify and hold Hyena Inc. and its subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors harmless from: any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise seek to make available through the Services; your use of the Services; your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, activities undertaken in connection with any challenges, campaigns, or programs conducted through the Services); your connection to the Services; your violation of these Terms or other applicable laws; your violation of any data protection or privacy laws; or your violation of any rights of another person or entity. This indemnification will apply to the fullest extent permitted by the laws of your jurisdiction.

20. Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

21. Dispute Resolution

Users in the EU, EEA, UK, Australia, or New Zealand

If you're in the EU, EEA, UK, Australia, or New Zealand, nothing in these Terms takes away your rights under mandatory consumer protection laws in your country of residence. You can always bring a claim before the courts where you live.

Resolving Disputes

We encourage you to contact us first. If a dispute cannot be resolved informally within 30 days of first raising it with us, either party may bring a claim before the Taichung District Court of Taiwan as the court of first instance.

These Terms are governed by the laws of the Republic of China (Taiwan), without regard to its conflict of law principles, and will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Time Limitation on Claims

Any claim arising out of or related to your use of the Services or these Terms must be filed within one year after the claim arose. Claims filed after this period will be permanently barred.

22. Termination

You agree that Flex may, under certain circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination will include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part of the Services), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. In some cases, you may have the right to appeal, for example, as described in our Acceptable Use Policy.

Termination of your account may include removal of access to all offerings within the Services; deletion of your information, files and Content associated with your account; and barring your further use of the Services.

You agree that all suspensions or terminations for cause will be made in Flex's sole discretion and that Flex will not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections will survive termination of your account and/or the Terms: Content and Conduct, Ownership Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Dispute Resolution, and General.

23. General

You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and Flex as a result of these Terms or your use of the Services. These Terms make up the entire agreement between you and Flex with respect to your use of the Services. The failure of Flex to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate, or otherwise transfer your account, your rights, or your obligations under these Terms without the prior written consent of Flex. Flex has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third-party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Flex's notice to you via email, regular mail, or notices, posts, or links on the Services will constitute acceptable notice to you under these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted in these terms are reserved.

24. Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Flex reserves the right to update the Terms at any time and for any reason in its sole discretion. Flex will notify you in advance of any material changes to the Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services and delete your account.

Flex may make improvements and/or changes in the Services, and prices described, at any time and for any reason in their sole discretion. For example, the Flex mobile application may download and install upgrades, updates, and additional features to improve, enhance, or further develop the Services. Flex reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any part of the Services with or without notice. You agree that Flex will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

25. Support and Questions

For questions regarding the Services and these Terms, please contact us via the Flex Help Center in the app.