These Terms of Use and Service “Terms” or “Agreement” contained herein is a legal agreement between you “you” or “user” and FlexR “FlexR,” “we,” “our,” or “us”. These Terms shall govern your access to and use of our Services, which Services are accessible at https://flexrapp.com/ the app store and google play store and any other site, application or platform through which FlexR makes the Services available (collectively, the “Platform” or “Website”). By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. While utilizing the features of the Platform, you are bound to any relevant agreements, policies, or guidelines that may be posted periodically. All such agreements, policies, or guidelines, including the Data Protection and Privacy Policy[ Hyperlink the Data Protection and Privacy Policy] are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and all such agreements, policies or guidelines for a specific feature of the Platform, the latter terms and conditions will take precedence with respect to your use of or access to that feature of the Platform. We ask that you read these Terms carefully before agreeing to be bound by them. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Platform and Services are intended solely for persons who are 18 or older. Any access to or use of the Platform or Services by anyone under 18 is expressly prohibited. By accessing or using the Platform or Services you represent and warrant that
(i) you agree to be bound by these Terms
(ii) you are 18 or older and able to form legally binding contracts and
(iii) you are not a person barred from receiving services under the laws of FlexR's applicable jurisdiction. You also warrant and represent to provide us with accurate information, and not to misrepresent your identity or user information nor use the Platform for unlawful purposes.
FlexR is a product that allows you to access your wages or salary as you earn them, rather than just being paid a lump sum at the end of your pay period. FlexR is not a credit product or loan, because you are only ever able to access amounts you have already earned. You can only use FlexR if your employer has signed up to it with us, you have a valid and active FlexR account with us, and you consent and authorize FlexR to debit your salary account or any other bank account linked to your Bank Verification Number (BVN), for the purpose of repaying the advance with applicable administration fee as and when due. You will only ever be able to access amounts you have already earned during your pay period. Your “pay period” is the period of time over which you've agreed with your employer to accrue your pay which is usually a month or less. Your employer will set limits on how much you can advance per pay period. We'll inform you of your withdrawal limit on the Platform. Your employer will provide us with information about you so we can identify you as both our customer and their employee, and set up the FlexR account for your employer and you, if you're eligible. Once your FlexR account has been successfully created, you'll be able to start requesting pay advances. We'll let you know on the Platform once your request has been accepted. FlexR may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) to you or subject to other conditions that we may impose in our discretion, without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
We may charge you a set administration fee each time we make a pay advance for you. Whether or not we do, and if so how much, depends on what your employer has agreed with us about how the service will be provided. You will always be able to see what fee applies each time before you confirm you want to make a salary advance in the app.
We reserve the right to discontinue or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to you or your employer. You are responsible for making all arrangements necessary for you to have access to the Platform, and ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them. To access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
By accessing and using our Services with aggregate third-party financial account transactions and data, you expressly authorize and direct FlexR, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship. Subject to our privacy procedures as described in our Data Protection and Privacy Policy, we may work with one or more third-party financial service technology providers to access and retrieve your account information. FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT INFORMATION TO YOU AS PART OF THE SERVICES, YOU GRANT FLEXR A LIMITED POWER OF ATTORNEY, AND APPOINT ROPE AFRICA AS YOUR AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE, AND STEAD, IN ANY AND ALL CAPACITIES, TO ACCESS THIRD PARTY SITES, SERVERS OR DOCUMENTS, RETRIEVE INFORMATION AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO DO AND PERFORM EACH AND EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS FULLY TO ALL INTENTS AND PURPOSES AS YOU COULD DO IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT WHEN FLEXR IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, FLEXR IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD-PARTY ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY, AND POWER OF ATTORNEY GRANTED BY YOU. You understand that our Platforms are not endorsed or sponsored by any third-party account providers accessible through our Platforms
The Platform and its entire contents, features and functionality including but not limited to all information, software, text, data, displays, images, video and audio, and the design, selection and arrangement thereof (“Our Property”), are owned by FlexR, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Platform for the Specified Purpose only, as permitted by these Terms. We reserve all other rights. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit Our Property or any of the material on our Platform, except as follows:
You must not access or use for any commercial purposes other than the Specified Purpose any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to support@flexrapp.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by FlexR. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The FlexR logo and all related names, logos, product and service names, designs and slogans are trademarks of FlexR or its affiliates or licensors. You must not use such marks without the prior written permission of FlexR. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners, and each owner retains all rights in its marks. Any use of marks displayed on the Platform will inure solely to the benefit of their respective owners.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Platform. In connection with your use of our Platform and Services, you may not and you agree that you will not:
(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
FlexR will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FlexR may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that FlexR has no obligation to monitor your access to or use of the Platform or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. FlexR reserves the right, at any time and without prior notice, to remove or disable access to any Content that FlexR, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
The Platform allows Companies or Team Members to create, upload, post, submit, publish, display or transmit to other Platform Users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Platform. All User Content must comply with these Terms. You hereby grant and agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, transferable license, with the right to sublicense through multiple tiers, to copy, edit, modify, adapt, prepare derivative works, display, and use your User Content in connection with operation and promotion of the Platform and any other purposes reasonably related to the Platform or our business. You represent and warrant that: (a) you own or control all rights in and to your User Content and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors and assigns; and (b) all of your User Content does and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not FlexR, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content provided by you or any other user of the Platform.
FlexR makes no representation, warranty, or endorsement regarding any user, the Platform or the authenticity, accuracy, completeness or usefulness of any User Content displayed in connection with the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
You may terminate this Agreement at any time by ceasing to use the Platform. We reserve the right to suspend your account and/or access to the Platform at any time if we believe you are in breach of these Terms. We reserve the right to terminate these Terms or to cease to offer the Services at any time on written notice to you (including by posting on the Website), for any reason or no reason. If your account is terminated for any reason or no reason, you agree: (a) to immediately stop using the Platform, (b) that the license and rights provided by us under these Terms shall terminate, and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Platform or for termination of access to your account. Any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of these Terms. Upon any termination of these Terms, neither party will be relieved of the obligation to pay any fees due, which accrued before the termination date. In addition to any other remedies, it may have under these Terms, FlexR reserves the right to suspend or terminate you and your employer's access to the Platform in order to protect Bento's rights and interests. Any outstanding obligations of Bento to provide your employer with tax reports or other payment information shall survive the termination of these Terms.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED OR TRANSACTED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED OR TRANSACTED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLEXR EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLEXR MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, FLEXR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED OR TRANSACTED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED OR TRANSACTED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FLEXR MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL LIABILITY, AS TO THE INTERACTIONS OF USERS OF THE PLATFORM. FLEXR WILL NOT BE LIABLE FOR TAX LIABILITIES RELATING TO TRANSACTIONS BETWEEN USERS. FLEXR WILL NOT BE LIABLE FOR, AND USERS SHALL BE SOLELY LIABLE FOR, THEIR COMPLIANCE WITH ALL TAX, EMPLOYMENT AND OTHER LAWS APPLICABLE TO THEIR TRANSACTIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL FLEXR, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED OR TRANSACTED THROUGH THE PLATFORM OR SUCH OTHER SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLEXR'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE PLATFORM OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO FLEXR FOR USE OF THE PLATFORM IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $10). THE FOREGOING DOES NOT AFFECT ANY LIABILITY, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
User shall indemnify, defend, and hold FlexR, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any claim based on any alleged misuse of the Platform by you, or a claim that any User Content infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct which would constitute a breach of the representations and warranties of you set forth herein, or other breach of these Terms; (c) violation of applicable law by you or your employer; (d) any claim based on the negligent or intentional acts by you or your employer; and (e) related to any project, including any claims by any third party or government agency that you were misclassified as an independent contractor or employee of FlexR, and any claim that FlexR was your employer, and related legal claims under any employment laws.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing us at support@flexrapp.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of FlexR and you hereby irrevocably assign to FlexR and agree to irrevocably assign to FlexR all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FlexR's request and expense, you will execute documents and take such further acts as FlexR may reasonably request to assist FlexR to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. In addition, if you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to FlexR.
You may not assign or transfer these Terms, by operation of law or otherwise, without FlexR's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FlexR may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by FlexR (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
In no event will we be liable for any delay or failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Platform or using or disclosing any of your User Content.
These Terms are intended to govern the agreement between FlexR and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
These Terms will be interpreted in accordance with the laws of the Federal Republic of Nigeria without regard to conflict-of-law provisions. You and Bento agree that any action brought by either party to interpret or enforce any provision of this Terms shall be brought in, and each party agrees to, and does hereby, submit to the jurisdiction and venue of the appropriate state or federal court for the district encompassing the Bento's principal place of business.
You and FlexR agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Platform (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, which said arbitration shall be administered in accordance with the rules of the Arbitration and Mediation Act 2023 by a single arbitrator appointed in accordance with such rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree to pay their respective costs and expenses of the arbitration, including their respective attorneys' fees, except that the prevailing party shall be entitled to recover its reasonable expenses, including reasonable attorneys' fees, from the non-prevailing party. Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and FlexR are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and FlexR otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.
The Terms, our Privacy Policy, and all other supplemental agreements incorporated into these Terms constitute the sole and entire agreement between you and FlexR with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
The failure of FlexR to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FlexR. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
This Terms of Use and Service is effective this first day of March 2024.