Fleksi.io - Terms of Service

1. About these Terms

These Terms govern use of the Fleksi.io website and the Fleksi service made available under them (together, the "Service").

Fleksi.io is a product and brand name. In these Terms, "Fleksi" means the current Finland-based operator of the Service.

The Service is intended for companies and other organisations. A person using the Service for an organisation confirms that they are authorised to act for it. Fleksi does not currently offer a consumer subscription.

These Terms do not create a paid subscription. A paid subscription always requires a separate order that identifies the provider, price, taxes, billing period, included use, term and renewal conditions.

2. Accounts and permitted use

Fleksi may grant an organisation and its authorised users a limited, non-exclusive right to use the Service for the organisation's internal business operations.

The organisation is responsible for:

choosing and managing its users;
keeping account credentials confidential;
activity carried out through its accounts;
providing accurate account information; and
promptly reporting suspected unauthorised access.

The Service must not be used:

unlawfully or to infringe another person's rights;
to upload malware, disrupt the Service or bypass security controls;
to access another customer, account or system without authorisation;
to copy, reverse engineer or derive source code, except where mandatory law expressly permits this;
to resell or make the Service available to third parties without written permission; or
to publish a competitive benchmark without prior written permission.

Fleksi may set reasonable limits for users, storage, features or usage of the free service. Material limits will be shown in the Service or communicated before they are applied.

3. Customer Data

"Customer Data" means information, files and other content submitted to the Service by or for the organisation. The organisation retains its rights in Customer Data.

The organisation gives Fleksi and the subcontractors used to provide the Service permission to host, copy, transmit, display and otherwise process Customer Data only as needed to operate, secure, support and maintain the Service, comply with law and follow the organisation's documented instructions.

The organisation is responsible for the lawfulness, accuracy and quality of Customer Data and for giving required notices and obtaining required rights. The Service should not be used for special-category personal data, criminal-offence data, production credentials or the only copy of important records unless Fleksi has expressly agreed suitable safeguards in writing.

4. Confidentiality

Each party must protect the other party's non-public business, technical and commercial information with reasonable care. It may use that information only to provide, receive or evaluate the Service and may disclose it only to people who need it and are subject to suitable confidentiality duties.

This duty does not apply to information that the receiving party can show was already lawfully known, becomes public without breach, is received lawfully without a confidentiality duty, or is developed independently.

Information may be disclosed when required by law or a competent authority. Where legally permitted, the receiving party will give advance notice and reasonable assistance to limit the disclosure.

5. Intellectual property and feedback

Fleksi and its licensors retain all rights in the Service, software, documentation, design, methods and improvements. No intellectual-property rights are transferred except for the limited right to use the Service under these Terms.

Fleksi may use suggestions and feedback without restriction or payment, provided it does not identify the organisation or disclose Customer Data or confidential information.

Fleksi may use aggregated or anonymised information that does not identify an organisation or natural person and will not attempt to re-identify it.

6. Service development, changes and availability

The Service is continuously developed, and functions may change. Fleksi does not promise a particular uptime, response time or service credit for free use.

Fleksi will use reasonable care in operating the Service and will, where reasonably practicable:

communicate planned maintenance in advance;
correct material faults or offer a workaround;
give advance notice of a material reduction or discontinuation; and
provide a reasonable opportunity to export Customer Data before planned closure.

Urgent security, legal or stability work may be carried out without advance notice.

7. Subcontractors and subprocessors

Fleksi may use subcontractors to host, operate, secure, support and develop the Service. Fleksi remains responsible for their work to the extent required by applicable law and these Terms.

If a subcontractor processes personal data in Customer Data, it is a subprocessor. Fleksi maintains a public provider and subprocessor list, identifies the service provided and relevant processing region, and requires appropriate confidentiality, security and data-protection obligations.

Material subprocessor changes are announced in advance through the public list, and a customer may object to a change on reasonable data-protection grounds. A Data Processing Agreement agreed in writing with the customer may specify the notice method and consequences.

Use of a subcontractor does not transfer the customer agreement to that subcontractor.

8. Security

Fleksi and each organisation will use technical and organisational safeguards appropriate to the information, risks and state of the art.

Fleksi's safeguards include access controls, confidentiality duties, secure development and maintenance, monitoring, backups and incident-management practices appropriate to the Service. The organisation is responsible for its users, permissions, devices, networks, integrations and exported copies.

No internet service can be guaranteed completely secure or uninterrupted.

9. Charges

Creating a workspace and current use require no payment card and do not automatically become a paid subscription.

A paid subscription can begin only when an authorised representative of the organisation expressly accepts an order showing the price, taxes, billing period, included use, term and renewal conditions.

10. Price changes

The agreed price of a prepaid fixed-term subscription is not increased mid-term, except:

a customer-requested plan or volume change;
additional users, usage or services;
a change in tax or a charge imposed by law; or
an adjustment expressly stated in the order.

Fleksi may change the price for a renewal term by giving at least 60 days' notice before renewal. A customer that does not accept the new price can prevent renewal.

11. Suspension

Fleksi may suspend affected access to the extent reasonably necessary if:

use creates a material security risk or disruption;
use is unlawful or infringes another person's rights;
an organisation materially breaches these Terms and does not remedy the breach after notice; or
suspension is required by law or a competent authority.

Where practicable, Fleksi will give advance notice, limit suspension to the affected part and restore access when the reason is resolved. Immediate action may be taken for an urgent security, legal or safety risk.

12. Termination

An organisation may stop using the free service at any time. It may request closure of its workspace through Fleksi's published contact channel.

Fleksi may end free use on 30 days' notice. Fleksi may suspend or terminate sooner for a serious breach, an urgent security or legal risk, or discontinuation that cannot reasonably be postponed.

Either party may terminate for a material breach that is not remedied within 14 days after written notice. Immediate termination is permitted where the breach cannot be remedied or the other party ceases business, to the extent permitted by law.

Termination does not affect rights and responsibilities that arose before it. Confidentiality, intellectual property, data exit, liability and dispute terms continue where their nature requires it.

13. Data export and deletion

During access, the organisation should use available export functions and keep separate copies of important records.

Following planned termination, Fleksi will normally allow 30 days to request or complete an available export. Fleksi may restrict that period where law, security or the organisation's own deletion requires it.

After that period, Fleksi may disable access and will delete or anonymise Customer Data from active systems within a reasonable period, normally within 90 days. Residual backup copies are removed through the normal protected backup cycle and are not returned to ordinary use. Limited records may be kept where required for legal compliance, security, fraud prevention or legal claims.

Migration work beyond available self-service exports must be agreed separately.

14. Warranties and liability

Fleksi will provide the Service with reasonable care. If the Service materially fails to match its description, Fleksi's first obligation is to try to correct the problem or provide a reasonable workaround.

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss or for loss of profit, revenue, anticipated savings, goodwill or business opportunity.

To the maximum extent permitted by law, Fleksi is not liable for business interruption or for loss of use, data, contracts, customers, production, profit, revenue, anticipated savings, goodwill, reputation or business opportunity, the cost of restoring data, or the cost of obtaining a substitute service, whether the loss is characterised as direct or indirect.

Fleksi is not liable for loss caused by inaccurate or unlawful Customer Data, customer-controlled systems, unauthorised use of credentials, customer instructions, or a third-party product not controlled by Fleksi.

Fleksi's total aggregate liability arising from or relating to these Terms is limited, for all claims combined and regardless of their legal basis, to the fees actually paid by the organisation to Fleksi for the affected Service during the 12 months immediately preceding the event giving rise to the claim. If the organisation has paid no fees for the affected Service during that period, Fleksi's contractual liability cap is zero.

The exclusions and caps do not apply to deliberate misconduct, gross negligence, death or personal injury caused by negligence, or liability that cannot lawfully be excluded or limited.

Nothing in these Terms guarantees that the Service is error-free or uninterrupted.

15. Transfer of the Service and agreement

Neither party may transfer a paid agreement without the other party's written consent, which must not be unreasonably withheld or delayed.

However, either party may transfer the agreement to a group company or a successor in connection with a merger, reorganisation, or sale of all or substantially all of the relevant business or assets if:

the recipient assumes the obligations in writing;
it is capable of performing them;
the transfer does not materially reduce the other party's rights or data-protection safeguards; and
notice is given without unreasonable delay.

The Service and its related agreements may be transferred as part of a business transfer. Customers will be notified of a transfer.

If a transfer by Fleksi materially and adversely changes a customer's risk, data location or safeguards and the concern cannot reasonably be resolved, the customer may end the affected Service within 30 days of notice.

Fleksi may use subcontractors under section 7 without transferring the agreement.

16. Changes to these Terms

Fleksi may publish a new dated version of these Terms. A material change is not applied retroactively.

A material change to free use will be announced in advance where reasonably possible. If an organisation does not accept it, its remedy is to stop using the Service and export its data before the change takes effect.

A material change to a paid fixed-term subscription normally takes effect at renewal with at least 60 days' notice. An urgent change required by law or security may take effect sooner but is limited to what is reasonably necessary.

17. Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control if it takes reasonable steps to reduce the effect and resumes performance as soon as reasonably possible.

18. Governing law and disputes

These Terms are governed by Finnish law, excluding its conflict-of-law rules. The parties will first try in good faith to resolve a dispute through business discussions. If it is not resolved, the courts of Helsinki, Finland have exclusive jurisdiction.

For an organisation established in Finland, the Finnish version prevails if the Finnish and English versions conflict. For other organisations, the English version prevails.

19. Contact

Questions, notices and workspace-closure requests can be submitted through the contact form on Fleksi.io.

Terms of Service