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Terms of Service

Flec Tech, Inc. · Last reviewed: 1/03/2022 Version: 1.0

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of flectech.com, its subdomains, client portals, knowledge bases, forms, downloadable materials and any other online property operated by Flec Tech, Inc. ("Flec Tech", "we", "us" or "our") that links to these Terms (collectively, the "Site").

By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to both you and that organization.

2. Relationship to Service Agreements - Please Read

These Terms govern the Site. They do not govern the managed services we deliver.

Managed IT services, cybersecurity services, infrastructure management, cloud administration, professional services and consulting are provided exclusively under a separate written agreement - typically a Master Services Agreement ("MSA") together with one or more Statements of Work ("SOW"), Service Level Agreements and, where applicable, a Data Processing Addendum.

Where these Terms conflict with an executed MSA, SOW or DPA, the executed agreement prevails as to the subject matter it covers.

Nothing on the Site - including service descriptions, capability pages, pricing indications, uptime references, case studies or downloadable collateral - constitutes an offer, a commitment to any service level, or a term of any contract. No contractual relationship for services arises until a written agreement is signed by an authorized representative of Flec Tech.

3. Eligibility and Business Use

The Site is intended for business use by individuals aged 18 or over acting in a professional capacity. It is not directed at consumers or children. We reserve the right to refuse access to anyone at our discretion.

4. License to Use the Site

Subject to your compliance with these Terms, Flec Tech grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and to download or print materials expressly made available for that purpose, in each case for your internal business evaluation and use only.

This license does not permit you to resell, republish, sublicense, or commercially exploit the Site or its content, or to use it to build or train a competing product, service or dataset.

5. Acceptable Use

You must not, and must not permit any third party to:

General conduct

use the Site for any unlawful, fraudulent, defamatory, harassing or infringing purpose;

misrepresent your identity, affiliation or authority;

interfere with any other party's use of the Site.

Technical restrictions

attempt to gain unauthorized access to the Site, our systems, our clients' systems, or any account, server or network connected to them;

conduct any port scan, vulnerability scan, penetration test, credential stuffing, brute-force attempt, denial-of-service test or other security assessment against Flec Tech infrastructure without our prior written authorization (see Section 6);

introduce malware, ransomware, worms, logic bombs or any other malicious code;

circumvent, disable or interfere with security, authentication, rate-limiting or access-control features;

reverse engineer, decompile or disassemble any part of the Site except to the extent this restriction is unenforceable under applicable law;

use automated means - crawlers, scrapers, bots, harvesters - to access, index or extract content, except for search engine crawlers operating in accordance with our robots.txt;

extract content for the purpose of training machine learning or generative AI models;

collect email addresses or contact details from the Site for unsolicited marketing.

We monitor the Site for abuse and may suspend or block access, preserve logs, and report suspected criminal activity to law enforcement.

6. Responsible Disclosure

If you believe you have identified a security vulnerability affecting the Site or a Flec Tech service, report it to [soc@flectech.com] with enough detail to reproduce it.

We ask that you give us a reasonable period to remediate before any public disclosure, avoid accessing, modifying or exfiltrating data that is not yours, avoid degrading service availability, and refrain from testing systems belonging to our clients.

Where a report is made in good faith and within these parameters, Flec Tech will not pursue legal action in respect of the research activity itself. We do not currently operate a paid bug bounty program.

7. Accounts, Portals and Credentials

Some areas of the Site require credentials - client portals, service desk, ticketing, documentation or reporting interfaces. Where you are issued access:

  • credentials are personal to the named individual and must not be shared, transferred or reused;
  • multi-factor authentication must be enabled and maintained where offered;

you are responsible for all activity carried out under your credentials;

you must notify us immediately at support@flectech.com of any suspected compromise, and of any personnel change requiring access revocation;

we may suspend or revoke access at any time, including on termination of the underlying service agreement or where continued access presents a security risk.

8. Intellectual Property

The Site and its contents - text, graphics, logos, diagrams, architecture references, methodologies, runbooks, templates, code samples, documentation, images, video and their selection and arrangement - are owned by Flec Tech or its licensors and are protected by copyright, trademark and other laws.

"Flec Tech" and the Flec Tech logo are trademarks of Flec Tech, Inc. Third-party names and marks appearing on the Site - including those of technology vendors and certification bodies - belong to their respective owners and are used for identification purposes only. Their appearance does not imply endorsement beyond any partnership or certification actually held.

All rights not expressly granted are reserved.

9. Feedback and Submissions

We welcome feedback, suggestions and ideas about our services and content. If you send them to us, you grant Flec Tech a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify and incorporate them without obligation, attribution or compensation.

Do not send confidential or proprietary information through Site forms, chat, or general email. Information submitted through those channels is not treated as confidential unless it is covered by an executed non-disclosure agreement or a signed service agreement. If you need to share sensitive material, ask us for a secure transfer link.

10. Content Is Informational, Not Advice

Technical articles, blog posts, checklists, comparison tables, architecture guidance, security recommendations, compliance summaries and similar content on the Site are published for general information. They are not legal, regulatory, tax, financial or engineering advice, and they are not a substitute for an assessment of your specific environment.

Regulatory frameworks, vendor products, licensing models and threat conditions change. Content may become outdated and we are under no obligation to update it. Do not rely on Site content for operational or compliance decisions without professional review. Any implementation you carry out based on Site content is at your own risk.

11. Third-Party Links and Resources

The Site may link to third-party websites, vendor documentation, marketplaces or tools. We do not control them, do not endorse their content, and are not responsible for their availability, accuracy, security or privacy practices. Your use of a linked resource is governed by that party's terms.

12. Availability

We aim to keep the Site available but do not guarantee uninterrupted access. We may modify, suspend, restrict or discontinue any part of the Site, including portals and downloadable resources, at any time and without notice. Site availability is separate from, and does not affect, any service level commitment in an executed SOW or SLA.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the site and all content are provided "as is" and "as available", without warranty of any kind, express, implied or statutory. Flec tech disclaims all implied warranties including merchantability, fitness for a particular purpose, title, accuracy and non-infringement.

We do not warrant that the site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or its servers are free of malicious code.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the exclusions apply to the fullest extent permitted.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Flec Tech and its officers, directors, employees, affiliates, partners and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data or anticipated savings, arising out of or relating to your use of or inability to use the site, whether in contract, tort, negligence, strict liability or otherwise, even if advised of the possibility of such damages.

This Section does not limit liability that cannot be excluded under applicable law, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or willful misconduct.

This Section applies to the Site only. Liability arising from the delivery of managed services is governed exclusively by the limitation of liability provisions in the applicable MSA or SOW.

15. Indemnification

You agree to indemnify, defend and hold harmless Flec Tech and its officers, directors, employees and affiliates from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or connected with your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

16. Privacy

Your use of the Site is also governed by our Privacy Policy at flectech.com/privacy-policy and our Cookie Policy at flectech.com/cookie-policy, which are incorporated into these Terms by reference.

17. Electronic Communications

By using the Site or contacting us, you consent to receive communications from us electronically. Electronic notices satisfy any legal requirement that communications be in writing. If you provide a business email address to request information, we may contact you about the services you enquired about; you may opt out of marketing communications at any time using the unsubscribe link or by writing to privacy@flectech.com.

18. Export Control and Sanctions

The Site and any software, technical data or documentation obtained through it are subject to US export control and economic sanctions laws, including the Export Administration Regulations and regulations administered by the Office of Foreign Assets Control.

You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive US sanctions, and that you are not a person on any US government restricted-party list. You must not access, use or re-export the Site or its content in violation of these laws.

19. Anti-Corruption and Trade Compliance

Flec Tech conducts business in compliance with the US Foreign Corrupt Practices Act, Brazil's Clean Company Act (Lei 12.846/2013) and other applicable anti-bribery and anti-money-laundering laws. You agree not to offer, promise or provide anything of value to any Flec Tech personnel to obtain an improper advantage, and to notify us at compliance@flectech.com if you become aware of any such conduct.

20. Copyright Complaints

If you believe content on the Site infringes your copyright, send a written notice to our designated agent at legal@flectech.com including: your contact details; identification of the copyrighted work; identification of the material claimed to be infringing and its location; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and your physical or electronic signature.

We will respond in accordance with the Digital Millennium Copyright Act and may remove the material and terminate access for repeat infringers.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt in good faith to resolve any dispute through discussion, escalating to senior management, for a period of 30 days from written notice.

If the dispute is not resolved, it will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Miami, Florida, conducted in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information without first exhausting the above process.

Disputes are resolved on an individual basis. Class, collective and representative proceedings are waived to the extent permitted by law.

Nothing in this Section deprives you of any mandatory protection or forum available to you under the law of your country of residence where that law cannot be excluded by agreement.

22. Force Majeure

Flec Tech is not liable for any failure or delay in Site availability caused by events beyond our reasonable control, including internet or telecommunications failure, third-party cloud or hosting provider outage, cyberattack, power failure, natural disaster, epidemic, labor dispute, act of war or terrorism, or governmental action.

23. Changes to These Terms

We may revise these Terms at any time. The current version is always published at flectech.com/terms with the effective date shown above. Material changes take effect 15 days after posting, or on the date of your next use of the Site if later. Continued use after that date constitutes acceptance. If you do not agree to the revised Terms, stop using the Site.

24. General

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder stays in force.

No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

No third-party beneficiaries. These Terms do not confer rights on any person who is not a party.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Flec Tech regarding the Site, and supersede prior understandings on that subject. They do not supersede any executed MSA, SOW, NDA or DPA.

Survival. Sections 8, 9, 13, 14, 15, 18, 20, 21 and 24 survive any termination of your access to the Site.

Language. These Terms are drafted in English. Any translation is for convenience only; the English version governs.

25. Contact

Flec Tech, Inc. Attn: Legal 1501 Biscayne Blvd, ste 501 – Miami, FL 33132, United States

General: info@flectech.com Legal: legal@flectech.com Security: security@flectech.com Support: support@flectech.com Telephone: +1 (305) 771-7538

Flec Tech, Inc. is a company incorporated in [State], United States. Flec Tech, Inc.

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