Terms and Conditions

These Terms an Conditions (Terms) govern your rights and obligations regarding the use of the Flex Software (Software) and service (both collectively referred to as the Service) on the Internet or in cellular media. It is recommended that you carefully read these Terms. By using the Flex Service, you signify your assent to these Terms. If you do not agree to these Terms or any of its parts, then you are prohibited from using the Service and We request that you refrain from doing so.

WHAT IS THE SERVICE

The Service allows users to be informed about available parking places, stationary speed traps, intended police controls, available bikes as well as available public transportation nearby and its departures. The service is mainly provided by the Software.

NO INTERACTION WHILE DRIVING

ALWAYS DRIVE VIGILANTLY ACCORDING TO THE ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO INTERACT, CONFIGURE OR MANIPULATE THE SOFTWARE WHILE DRIVING. ALL THESE OPERATIONS MAY ONLY BE PERFORMED AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, THESE OPERATIONS MAY BE PERFORMED BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.

LIMITATION OF LIABILITY AND WARRANTY

FLEX PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, AND WARRANTIES OF MERCHAN-TABILITY, AND FITNESS FOR A PARTICULAR PURPOSE FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. Additionally and without derogating from the above clause, Flex disclaims any warranty for the accuracy of the maps, road conditions, speed traps, departures, bike locations as well as availability, bus or train stations or any additional information presented in or by the Service. For instance, speed traps or police controls may be missing while they exist or depicted as existing by the Service while they are missing. In addition, existing roads may be missing from the map. You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk. You acknowledge that you must observe all traffic laws while using the Service. Flex typically does not require you to login through a third-party service. However, it might be required in a future release. In this case, you may login at your own risk. Flex does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Flex is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; and (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Flex has not itself provided such information. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD OR ON BUS AND TRAIN STATIONS. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC...) OR BUS STATION (TIMETABLE) AND TRAIN STATION (TIMETABLE) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE. Flex exerts efforts to provide you with high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available for free from all harmful components, or that it is safe, secured from unauthorised access to Flex computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Flex or any of its providers. FLEX, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS WILL NO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERRORS, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING IN ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE OR WITH OTHER USERS ON OR THROUGH THE SERVICE OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNTS, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SURE ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES. Additionally and without derogating from the avocet clause, Flex will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of commercial information posted on the Service. Such information may be presented on the Service maps (such as indications for locations of establishments, their commercial offers, etc.) or otherwise.

Flex may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from Flex or from third parties. If such information may originates from third parties, Flex cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by Flex does not constitute a recommendation or encouragement to procure the goods of services advertised. Insofar as the Software includes links to services or applications not operated or managed by Flex, Flex will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information proved by them, including but not limited to its completeness, or accuracy, correctness or it being up-to-date. Flex will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of your reliance on the content of services your have accessed via links on the Software.

MODIFICATIONS OF THESE TERMS

Flex may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service, after the Terms have been modified, signifies you assent to the updated Terms. If you dissent to the updated Terms or to any term with them, you must discontinue all further use of the Software.