Terms & Conditions

Terms and Conditions for Fleksa, Inc. services in the United States

Terms & Conditions

Fleksa, Inc. Effective Date: December 2024 Last Updated: December 2024

1. Introduction

Welcome to Fleksa. These Terms and Conditions ("Terms") govern your access to and use of the services, software, and products ("Services") provided by Fleksa, Inc. ("Fleksa," "we," "us," or "our"), a company incorporated in the State of Texas, United States.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

  • "Account" means your registered account with Fleksa
  • "Customer" or "You" means the restaurant, business, or individual using our Services
  • "Platform" means Fleksa's software-as-a-service platform including POS, ordering system, reservation system, and related services
  • "End User" means customers of your restaurant who interact with our Platform
  • "Subscription" means your paid subscription plan with Fleksa

3. Service Description

Fleksa provides a B2B restaurant technology platform including:

  • Point of Sale (POS) system
  • Online ordering system
  • Table reservation system
  • Kitchen display system
  • Self-service kiosk software
  • Restaurant management tools
  • Website builder

3.1 Zero Commission Model

Fleksa operates on a subscription-based pricing model. We do not charge commissions on orders processed through our platform.

4. Account Registration

4.1 Eligibility

To use our Services, you must:

  • Be at least 18 years old
  • Have the authority to bind your business to these Terms
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials

4.2 Account Responsibilities

You are responsible for:

  • All activities that occur under your account
  • Maintaining accurate account information
  • Notifying us immediately of unauthorized access
  • Complying with all applicable laws and regulations

5. Payment Terms

5.1 Subscription Fees

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We reserve the right to modify pricing with 30 days notice

5.2 Payment Processing

  • Payment processing is handled through third-party providers (e.g., Stripe)
  • You are responsible for all applicable taxes
  • Late payments may result in service suspension

6. Acceptable Use

You agree not to:

  • Use the Services for any illegal purpose
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit malware or harmful code
  • Interfere with the operation of our Services
  • Attempt unauthorized access to our systems
  • Resell or redistribute our Services without authorization

7. Data and Privacy

7.1 Your Data

You retain ownership of all data you submit to our Platform ("Customer Data"). You grant Fleksa a license to use Customer Data to provide and improve our Services.

7.2 Privacy

Our collection and use of personal information is governed by our Privacy Policy.

7.3 Data Security

We implement industry-standard security measures to protect your data. See our Data Protection documentation for details.

8. Intellectual Property

8.1 Our IP

Fleksa and its licensors retain all rights in the Services, including all software, designs, and trademarks.

8.2 Your Content

You retain rights to content you create using our Services. You grant us a license to display and distribute such content as necessary to provide the Services.

9. Third-Party Services

Our Services may integrate with third-party services (payment processors, delivery platforms, etc.). Your use of such services is subject to their respective terms and conditions.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLEKSA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FLEKSA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Fleksa and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights

13. Term and Termination

13.1 Term

These Terms remain in effect until terminated by either party.

13.2 Termination

  • You may terminate by canceling your subscription
  • We may terminate or suspend access for violation of these Terms
  • Upon termination, your right to use the Services ceases immediately

13.3 Effect of Termination

  • You may export your data within 30 days of termination
  • We may delete your data after 90 days following termination
  • Provisions that should survive termination will remain in effect

14. Modifications

We may modify these Terms at any time. We will provide notice of material changes via email or through the Services. Continued use after changes constitutes acceptance.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek injunctive relief in court.

15.3 Class Action Waiver

YOU AND FLEKSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Fleksa regarding the Services.

16.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

16.3 No Waiver

Failure to enforce any right does not constitute a waiver.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations freely.

17. Contact Information

Fleksa, Inc. 10900 Research Blvd 160c 1059 Austin, TX 78759, USA