Flexkube Lab Terms of Service

1. Definitions

1.1 Customer Data. “Customer Data” means all information, content, files, and materials that Customer or its authorized users upload, provide, or process through the Service. Customer Data does not include Service Analytics Data.

1.2 Documentation. “Documentation” means guides, manuals, and other written or digital resources that Flexkube Lab makes available regarding the use of the Service.

1.3 Order. “Order” means any order form, subscription checkout, or online enrollment specifying the purchased Service, pricing, and subscription term.

1.4 Privacy Policy. “Privacy Policy” refers to Flexkube Lab’s privacy practices available at /privacy-policy.

1.5 Service. “Service” means Flexkube Lab’s website, talent network, recruitment and delivery-capacity services and related digital tools, including live transcription and AI-assisted information analysis where used, with human-led candidate conversations and human-reviewed recommendations.

1.6 Service Analytics Data. “Service Analytics Data” means usage statistics, performance insights, and system-level data generated from the operation of the Service.

1.7 User. “User” means an individual authorized by Customer to access and use the Service under Customer’s account, or an independent candidate using the talent network.

1.8 Term. “Term” means the subscription period defined in Section 11.

2. The Service

2.1 Access Rights. During the Term, Flexkube Lab grants Customer a limited, non-transferable right to access and use the Service in accordance with this Agreement and any applicable Order.

2.2 Availability. Flexkube Lab will use reasonable efforts to make the Service available 24/7, excluding (i) scheduled maintenance, and (ii) downtime caused by events outside of Flexkube Lab’s reasonable control (e.g., force majeure, internet outages, cyberattacks).

2.3 Updates. Flexkube Lab reserves the right to enhance, update, or discontinue features of the Service at its discretion. If a change materially reduces functionality purchased under an Order, Customer may terminate such Order with 30 days’ written notice.

2.4 Documentation. The Customer may use and reproduce the Documentation solely for internal business purposes to support the use of the Service.

3. Fees and Payment

3.1 Subscription Fees. Customer agrees to pay all fees specified in each applicable Order. Website visits and talent-network registration do not create a fee obligation. All fees are non-refundable unless otherwise stated in this Agreement.

3.2 Taxes. Fees are exclusive of all taxes. Customer is responsible for paying any sales, use, VAT, or similar taxes imposed by governmental authorities, except for taxes based on Flexkube Lab’s income.

4. Data and Privacy

4.1 Customer Data. Customer retains ownership of Customer Data. By using the Service, the Customer grants Flexkube Lab a limited, worldwide license to store, process, and transmit the Customer's Data as necessary to provide the Service.

4.2 Privacy. The Flexkube Lab Privacy Policy describes how personal data is handled.

4.3 Security. Flexkube Lab utilizes industry-standard safeguards to protect Customer Data; however, the Customer acknowledges that no online system can guarantee absolute security.

4.4 Excluded Data. The Customer agrees not to upload or transmit regulated sensitive data (e.g., medical records, financial credit data, or data of individuals under 18 years of age). Flexkube Lab disclaims liability for any such data uploaded in violation of this section.

4.5 Candidate Information and AI. We obtain candidate approval before presenting a profile for a specific client opportunity. Live transcription and AI-assisted analysis may support role matching; people conduct candidate interactions and review recommendations. Analysis may be inaccurate and does not guarantee suitability or placement. Users may request correction or human review. Before transcription or recording, we explain the process and obtain consent where required. Additional collection notices govern new chat and upload features.

4.6 Analytics Data. Flexkube Lab may collect and use Service Analytics Data to maintain and improve the Service, create benchmarks, and develop new products. Such data will not personally identify the Customer or its users.

5. Customer Responsibilities

5.1 Acceptable Use. Customer shall not:

• use the Service for unlawful, deceptive, or harmful purposes,
• share login credentials with unauthorized parties,
• reverse-engineer or copy the Service,
• attempt to disrupt the Service’s operation, or
• use the Service to develop a competing product.

5.2 Account Security. The customer is responsible for maintaining account security and shall notify Flexkube Lab immediately of any unauthorized access to their account.

5.3 Compliance with Law. Customer agrees to comply with all applicable laws when using the Service, including data protection and privacy regulations.

5.4 User Responsibility. The customer is responsible for all activities conducted under their account.

6. Intellectual Property and Feedback

6.1 Ownership. Flexkube Lab owns all rights, title, and interest in and to the Service, including software, designs, and branding. This Agreement does not grant Customer any intellectual property rights except limited use rights expressly set forth herein.

6.2 Feedback. Flexkube Lab may freely use any feedback or suggestions provided by Customer without obligation or compensation.

7. Confidential Information

Both parties agree to protect each other’s confidential information using reasonable care and to use it only for purposes of this Agreement. Confidential information does not include publicly known information or information independently developed without use of the other party’s confidential information.

Obligations of confidentiality continue for two (2) years after disclosure, except for trade secrets, which remain protected as long as they are legally considered trade secrets. Personal-information obligations continue as required by applicable law and are not limited to two years.

8. Warranties and Disclaimers

8.1 Flexkube Lab Warranties. Flexkube Lab represents that it has the authority to enter into this Agreement and provide the Service.

8.2 Customer Warranties. Customer warrants that it has the right to use and upload Customer Data and that such use will not violate any third-party rights or laws.

8.3 Disclaimer. The service is provided “as is” without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement. Flexkube Lab does not guarantee uninterrupted or error-free service.

9. Indemnification

Customer shall defend and indemnify Flexkube Lab, its affiliates, and personnel against any claims, damages, or expenses arising from Customer’s misuse of the Service, violation of laws or third-party rights, or Customer Data that infringes third-party intellectual property or privacy rights.

10. Limitation of Liability

10.1 Cap. Flexkube Lab’s total liability arising out of this Agreement will not exceed the greater of $500 USD or the fees paid by Customer in the twelve (12) months preceding the claim.

10.2 No Indirect Damages. Flexkube Lab will not be liable for indirect, incidental, or consequential damages, regardless of whether they are foreseeable.

11. Term and Termination

11.1 Term. This Agreement commences on the Effective Date and remains in effect for the subscription period specified in the Order. It will automatically renew unless either party provides 30 days’ written notice before renewal.

11.2 Termination for Breach. Either party may terminate this Agreement upon written notice if the other materially breaches it and fails to cure within 30 days.

11.3 Post-Termination. Upon termination, Customer must cease use of the Service and delete any related Documentation. Candidate data retention and deletion are governed by the Privacy Policy and applicable law. Sections relating to intellectual property, data, confidentiality, indemnification, and limitations of liability will survive termination.

12. General Provisions

12.1 Independent Contractors. The parties are independent contractors, not partners or agents.

12.2 Publicity. Flexkube Lab may identify the Customer as a client in marketing materials only with permission. Identifiable candidate profiles and client stories require appropriate permission.

12.3 Notices. Notices to Flexkube Lab must be sent to:
Flexkube Lab, Inc., 123 Mission Street, Suite 500, San Francisco, CA 94105
Notices to Customer will be sent to the email address on file.

12.4 Force Majeure. Neither party is liable for failures caused by circumstances beyond its control.

12.5 Assignment. The customer may not assign this Agreement without the prior written consent of Flexkube Lab.

12.6 Severability. If any provision is held to be unenforceable, the remainder of the Agreement shall still be in effect.

12.7 No Waiver. Failure to enforce any provision does not constitute a waiver of that right.

12.8 Governing Law. This Agreement will be governed by California law. The courts of San Francisco, California, will have exclusive jurisdiction over disputes.

12.9 Entire Agreement. This Agreement, together with the Privacy Policy and any Orders, constitutes the complete Agreement between the parties. Signed client engagement agreements govern their specific fees, deliverables, replacement and conversion terms. Nothing in these terms excludes rights or duties that cannot lawfully be excluded.

12.10 Amendments. Flexkube Lab reserves the right to update these Terms by posting revised terms on its website. Updates will take effect 30 days after posting unless the Customer provides written notice of objection. Continued use of the Service after updates become effective constitutes acceptance.