Terms and conditions of the fleex services

3.1

The Site and Services are available to any natural person with full legal capacity to engage under these terms. A natural person who does not have full legal capacity can not access the Site and Services except only with the consent of his legal representative.

3.2

Users are personally responsible for the implementation of computer technology and telecommunications to access the Site.

5.1

To use the Services, the User must:

• either be registered with a third party site as indicated on the Site (eg, Google or Facebook). In this case where he uses his login credentials, Fleex can, if necessary, ask the user for permission to access certain data from that account. The User must also provide Fleex with the additional information that it may request.
• or complete the registration form available on the website.

In all cases, the user must provide Fleex all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically will open an account on behalf of the User (hereinafter referred to as the "Account"), giving him access to a personal area (hereinafter referred to as  the "Personal Area") that allows him to manage his use of the Services in a format and according to the technical means that Fleex deems most appropriate to render such Services.

The User guarantees that all information he provides to Fleex are accurate, current and truthful, and are not vitiated by any misleading nature.

He undertakes to update this information through his Personal Space in case of changes, so that they always meet the above criteria.

The User is informed and accepts that the information entered for creative purposes or to update their Account are proof of his identity. The information entered by the User are undertaken upon validation.

5.2

The User can access his Personal Area at any time after identifying himself with a third party site, or his login ID and his password.

The User undertakes to personally use the Services and to not allow any third party to use them in his place or on his behalf, unless he bears full responsibility.

The User also undertakes to create only one account, Fleex reserving the right to remove any additional account created by the same User.

5.3

The User undertakes to ensure the maintenance of privacy for their username and password. Any operation performed with the ID and User password will be deemed to be made by him, the User remaining therefore solely responsible.

The User must immediately contact Fleex using the contact details provided in section 2 herein if he notices that his account was used without his knowledge. He acknowledges Fleex the right to take appropriate measures in such cases.

In case of forgetting or losing his password, the User can be assigned a new password to access his account by following the procedure as described on the Site.

7.1 Terms and Conditions

Fleex provides all Users with a package of Services. These Services are offered free of charge during the Test Period. Once the Test Period has passed, access to Services requires the purchase of a Subscription.

Services require, for their implementation, that the User is connected to the internet.

Fleex reserves the right to offer any other service it deems appropriate, in a form and according to the features and technical means it deems most appropriate for rendering those Services.

7.2 Description of Services

During its entire Test Period, or if he has purchased a Subscription, the User has access to the following Services in the forms and the features and technical resources that Fleex deems most appropriate to render such Services.

8.1 Trial Period

Services are free for the entire duration of the Test Period.

The end of the Trial Period, when it is not followed by a subscription, results in the suspension of Services in accordance with Article 8.4.

8.2 Subscription

Outside the Trial Period, the Services are subscribed under the Subscription referred to in Article 6, according to the following terms and conditions.

8.3 Amendment and Termination of Services by Fleex

8.4 Suspension of Services

Outside the Trial Period, non-payment of a subscription results in the suspension of services.

The suspension of Services does not delete the User's Account. The User continues to have access to their Personal Area, from which he may at any time take out a subscription to restore his access to Services.

8.5 Deleting the User Account at his own initiative

The User may request Fleex to delete their account at any time, at his own discretion. In the event where the User would have purchased a monthly subscription, deletion of User's Account will stop the Subscription.

Deleting the account is final and will delete all data relating to the Account that are held by Fleex. It frees the User from obligations related to the use of the Services.

Deleting the account, when requested by the User, does not entitle to any refund.

9.1 Pricing

The price of the Subscription is that which appears on the Site at the date of purchase of the Subscription by the User.

Prices are quoted in Euros and inclusive of all French taxes, unless otherwise stated.

Any month or Subscription Period commenced is due in its entirety, the User cannot claim any refund of all or part of the price paid for the month or the current period, for whatever reason there may be.

9.2 Offers

Fleex reserves the right, at its own discretion and upon such terms, where it will be the sole judge for making promotional offers or price reductions.

In this context, it may especially include offering special rates for the purchase of Subscriptions for a period exceeding one month.

9.3 Payment terms

Financial transactions relating to the payment of the Subscription via the Site are entrusted to Braintree, the contractor to secure payment solutions on the Internet, which ensures smooth functioning and safety. Fleex is not involved in these services which are carried out under the sole responsibility of Braintree.

Payment for Services is carried out by direct debit from the User's bank card number.

The direct debit is implemented by Braintree, which retains only the bank details of the User for this purpose. In this regard, it is noted that Fleex keeps no bank details.

The User may also opt for a payment through the PayPal platform. Fleex does not get any more involved in payment transactions that can be performed on the PayPal platform under the sole responsibility of the User.

The use of the Paypal platform for payment implies registration of the User on the PayPal platform, and acceptance by the User of the terms and conditions of the use of PayPal.

If the User chooses a payment via a Paypal account, the payment is implemented by Paypal which only retains contact details for the User for this purpose. In such cases, Fleex does not further retain the User's bank details.

If necessary, the automatic debit of the cost of the Subscription is made on the day of its payment and on its due date at each renewal (hereinafter referred to as the "Payment Due Date") .

The User guarantees Fleex that he has permission to adjust the price of the Subscription in accordance with the provisions above. He undertakes to take the necessary measures so that the automatic debit of the cost of the Subscription can be made.

9.4 Billing

Fleex prepares bills on request of the User, addressed to Fleex using the contact details provided in section 2.

9.5 Payment problems

In case of incident during the implementation of the automatic direct debit referred to in Article 9.3, Fleex will conduct further collection attempts for a maximum period of thirty (30) days from the Payment Due Date. The User shall, within this period, take the necessary measures to ensure the implementation of the debit, or adjust the price of the Subscription by all appropriate means.

The User is informed and expressly accepts that any delay in payment of all or part of an amount remaining due of thirty (30) days after the Payment Due Date and despite implemented attempts to collect will, without formal prior notification, automatically result in:

• early repayment of all amounts due by the User and their immediate payment,
• the immediate suspension of Services until full payment of all due sums,
• billing in favour of Fleex of a delay interest, due by the sole fact of expiry of the contractual term, at the rate of one and a half (1.5 times) the legal interest rate, based on the amount of the unpaid debt on the due date.

11.1

The User agrees to respect at all times the present terms and conditions and the applicable laws and regulations, and does not infringe any third party rights or public order.

11.2

The User is solely responsible for his use of the Services. He is informed and agrees that these are intended solely for private use. Similarly, it is forbidden to broadcast all or part of the video that he is viewing or to which he has access as part of the Services, whether in its Videos Site or Personal Videos with educational content referred to in Article 1.

The User therefore undertakes to strictly personal use of the Services and not to use them in a collective framework of any nature whatsoever.

11.3

The User is solely responsible for the choice of videos that are viewed as part of the Services.

Regarding Personal Videos and Videos on Demand, the User agrees that these videos, as used by the User, are lawful, do not undermine public order, morality or third party rights, not violate any statutory or regulatory provision and, more generally, are by no means likely to jeopardize the civil or criminal liability of Fleex.

The User is thus not authorized to use in connection with the Services, particularly, but not limited to, videos that are infringing or detrimental to the image of third parties.

11.4

The User must back up the information accessible in the Personal Area that he wishes to retain. The User acknowledges and agrees that he may not seek responsibility by Fleex in the case of any loss of information.

11.5

The User is informed and agrees that the implementation of Services requires that he be connected to the internet and that the quality of viewing videos directly depends on this connection, for which he alone is responsible.

12.1

Without prejudice to Article 11, it is strictly prohibited to use the Services for the following purposes:

• the exercise of illegal and fraudulent activity, or violate the rights or safety of third parties,
• the breach of public order or violation of laws and regulations,
• the intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party by violating its integrity or security,
• the sending of junk mail,
• operations to improve the ranking of a third party site,
• aiding or inciting in any form and by any means whatsoever, to one or more of the above described acts and activities,
• and more generally any practice diverting Services for purposes other than those for which they were intended.

12.2

It is strictly prohibited for the User to copy and / or divert for his purposes or those of third parties the concept, technology or any other component of the Fleex website.

12.3

The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow or prevent the continuity of Services, (ii) any intrusions or attempted intrusions into Fleex systems, (iii) any misuse of Site system resources, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any infringements of security and authentication measures, (vi) any acts likely to undermine the financial, commercial or moral rights and interests of Fleex or of its Users, and finally more generally (vii) any breach of these terms and conditions.

12.4

It is strictly forbidden to trade, sell or license all or part of access to Services or the Site, as well as information that is hosted and / or shared.

15.1

Fleex agrees to provide the Services with due diligence and in accordance with professional standards, it being specified that this weighs on it an obligation of means, to the exclusion of any obligation of result, which the User acknowledges and accepts specifically. Its liability is exclusively limited to the provision of Services as described herein, to the exclusion of any other benefit and does not extend to pre-existing materials used in connection with the Services, including videos and subtitles.

15.2

The User acknowledges that the Services, which constitute a standard method of learning, offer him an additional solution, not an alternative, to improve his English and that this solution does not replace other means at his disposal to further achieve the same goal. The User acknowledges and accepts, in this respect, that Fleex may not be held responsible for any failure of the improvement of his level of English, the User is solely responsible for his own learning and progress.

15.3

Fleex does not guarantee the User that the Services, subject to constant research to improve particular performance and progress, will be completely free of errors, faults or defects in particular regarding the faithful and accurate nature of the translations made available for subtitles, words and expressions that are provided for guidance only.

The User acknowledges and agrees that subtitles are by nature a compromise between a literal translation and an adaptation required by the constraints of the subtitling of audiovisual works. With all the more reason, Fleex can not guarantee the accuracy of a word for word translation.

15.4

Fleex cannot guarantee that the Services, being standard and by no means offered for the sole purpose of a particular User based on his own personal and material constraints, specifically meet their needs and expectations. Given the diversity of platforms, browsers and material resources available to the User who unilaterally chooses his means of access hardware and Internet software, Fleex does not guarantee the compatibility of Services with any equipment or platform.

15.5

Fleex is not responsible for the content of the videos used in connection with the Services.

15.6

Fleex disclaims any responsibility for any possible loss of data including information accessed from the User's Personal Space, the latter having to ensure that he saves a copy of the information he deems necessary and not being entitled to any compensation as such.

15.7

Fleex undertakes to conduct regular checks to ensure the functioning and accessibility of the Site. As such, Fleex reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Fleex will not be held responsible for any temporary difficulties or inabilities to access the Site that would have originated from circumstances that are external, force majeure, or that may be due to disruptions of telecommunications networks.

15.8

Fleex is not responsible for the availability of Videos on Demand, nor the duration of integrating the Services in the form of educational content referred to in Article 1 of these Terms and Conditions, and the platforms and applications of service operators of Video on Demand.

15.9

In any event, the liability likely to be incurred by Fleex hereunder is expressly limited solely to direct damages proven to be sustained by the User.