Flexomatic - Terms and Conditions of Use

Flexomatic Terms and Conditions of Use

Here are Flexomatic’s Terms and Conditions of Use (“Terms” or “Agreements”). The Terms you see below are important because they:

  • Outline your legal rights on Flexomatic
  • Explain the rights you give to us when you use Flexomatic
  • Describe the rules everyone needs to follow when using Flexomatic
  • Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

1 - Introduction

Thanks for choosing Flexomatic (“Flexomatic”, ”42Hexagons”, “we”, “us”, “our”). Flexomatic is an application that helps Amazon Flex Drivers to grab blocks on the Amazon Flex app using Android Accessibility services, as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Flexomatic services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Flexomatic Service” or “Service”), you are entering into a binding contract with 42Hexagons.

The Agreements include terms regarding future changes to the Agreements, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on the Flexomatic website and App. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Flexomatic Service or access any Content. In order to use the Flexomatic Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Flexomatic is true, accurate, and complete, and you agree to keep it that way at all times.

2 - Changes of the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us at support@flexomatic.app. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

3 - Enjoying Flexomatic

Here’s some information about all the ways you can enjoy Flexomatic.

3.1 - Service

The application is available only on Play Store and compatible with Android version 7.0 and higher. This app is being actively developed. It may be unstable as mentioned on the Play Store. Flexomatic may rely on third party services in order to properly function, so you accept and agree that Flexomatic or parts of it may stop functioning due to the causes connected to these third party services. We do not make any representation or warranty that the use of our app complies with third party terms and conditions and knowing this you accept and confirm to use this app at your own risk. Flexomatic does not guarantee to grab all the blocks shown on Amazon Flex app to allow the competition as it should be between Amazon Flex drivers. Its first purpose is to avoid clicking for hours on the refresh button and swiping for grabbing blocks. In order to guarantee not being considered as a third party app, we ask our users to run it with the following parameters: Refresh delay: 2000ms (time between two taps on the Refresh button), and Soft-Block protection: activated. Flexomatic gives the ability to change these parameters to its users. Notwithstanding, Flexomatic cannot guarantee its users choosing to change these parameters will never be deactivated by Amazon Flex. In case of complaint, Flexomatic keeps the logs of its clients’ activity for 7 days, and their settings without any time limit. Any complaint from a user who has not respected those settings cannot be received.

3.2 - Website subscription and App download

In order to get the app, the user may subscribe on the website www.flexomatic.app or directly go to the Play Store and search for “Flexomatic”. In the first case, the user needs to enter their email address to the Flexomatic service. Flexomatic will keep this email address for the purpose of providing the app to the user. The user can ask Flexomatic to access, correct or delete their information at any time by simply asking at gdpr@flexomatic.app. Flexomatic won’t share this information to any third party without the explicit agreement with users who subscribe on the website. Flexomatic may send information about its app and advertisement emails for its service to its subscribers at any time. Subscribers can unsubscribe from these mailing lists at any time by clicking on “Unsubscribe” directly from these emails. This action does not implicate the total destruction of its information in the Flexomatic database.

3.3 - Registration

3.3.1 - Signing up

In order to use the Flexomatic Service, users need to subscribe to the app by clicking on “Create an account” and filling the form (email, phone number). The user can ask Flexomatic to access, correct or delete their information at any time by simply asking at gdpr@flexomatic.app. Creating an account does not implicate the user to pay. It is possible to skip the payment page by simply clicking on “skip”.

3.3.2 - Multiple accounts creation

A natural person can only own one (1) Flexomatic account. Flexomatic retains the right to ban any user who creates more than one account. To warn the user, Flexomatic immediately suspends the new trial period linked with the second account, and resets its blocks credits to 0 for the further accounts. No money from subscriptions or credits will be refunded in this case. The user can appeal this decision by writing to support@flexomatic.app within the next 15 days.

3.3.3 - Credentials

Flexomatic does not ask Amazon Flex credentials during the subscription. The user can register with any valid email address and phone number. Flexomatic reserves the right to ban users who use any non compliant email address or phone number. Banned users can request to reactivate the account if they can prove that it is a valid email address or phone number. The user’s password can also be different from their Amazon Flex account. Flexomatic cannot be responsible for the loss or the stealing of its users’ credentials, and asks its users to keep them safe and strong (password should be at least 8 characters long). Flexomatic advises its client to change it once a year to maintain its safety. Flexomatic works every day to keep these logins and passwords safe.

3.4 - Service Options

You can find a description of our Service options on our app, and we will explain which Service options are available to you when you create a Flexomatic account. Some options may be provided to you free-of-charge. The Flexomatic Service that does not require payment is currently referred to as the “Free Service”. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Flexomatic Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

The Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Service, or if your subscription to the Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Service. Note that the Flexomatic Service may be discontinued in the future, in which case you will no longer be charged for the Service. If you have purchased or received a code or other offer provided or sold by or on behalf of Flexomatic for access to a Pay as you go and Premium subscription (“Code”), or any other payment plan, separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.

3.5 - Trials

From time to time, we or others on our behalf may offer trials of one of our plans for a specified period without payment or at a reduced rate (a “Trial”). Flexomatic may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want this charge, you must cancel the applicable paid subscription before the end of the trial by sending us an email at support@flexomatic.app. If you signed up for the trial through flexomatic, or if you received your trial through a third party, you must cancel the applicable paid subscription through the third party.

3.5.1 - Current Trial Period

4 - Plans, Payments and Cancellations

4.1 - Current plan: commissions

Once a user creates their account, they get free blocks. Once the free blocks have been taken, the user will have to enter their credit card info in order to continue using the app, and will then be charged a commission for each block they get thanks to Flexomatic. The rate of this commission can vary depending on various factors such as the region of the user.

4.2 - Previous plans

The following are plans we previously used and that some users might still be allowed to use for various reasons.

4.2.1 - Pay as you go (credits)

In order to use the app, subscribers need to buy credits. A credit is a block (normal or reserved) grabbed by Flexomatic. A credit has an unlimited period of time to be used. In the case of stopping its activity, Flexomatic will send an email to all users who have used the Service in the past 6 months, and credits will be reimbursed to users who ask for a refund by sending an email to support@flexomatic.app within the next 3 months.

4.2.2 - Premium plans (monthly subscription)

The app offers 3 Premium plans : Short Premium offer: $100 per month with 1 month commitment, Medium Premium offer: $80 per month with 6 months commitment Long Premium offer: $60 per month for 1 year commitment. The information of the card is kept safely by the Stripe service (third party service) in order to charge the user each month.

Unless the user sends a request to stop their subscription (to support@flexomatic.app) no later than 3 days before the end of the commitment period, the plan will be renewed automatically the day after the end of the period of commitment (engaging the user to the same plan for the same period of time). An email will be sent to the user 6 days before the renewal date to inform them of the renewal. A request made during the 3 last days before the renewal of their plan will be evaluated case by case by the Flexomatic team. After evaluating the case, Flexomatic can reserve the right to stop the subscription at the halftime of the new plan, refunding the money engaged ($50) in the case of the Short Premium plan.

In case of a request from a user to upgrade their Pay as you go plan to a Premium plan, Flexomatic will deduct from the price of the first subscription month the last amount that the user paid in their Pay as you go plan. All credits that the user might have will be lost in the process, and the Premium subscription will begin at the date of the payment.

5 - Payments and Cancellations

5.1 – Billing

You may purchase a Pay as you go and Premium subscriptions directly from Flexomatic or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.

Flexomatic may change the price for the Pay as you go and Premium subscriptions, including recurring subscription fees, or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Flexomatic Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Pay as you go and Premium subscriptions prior to the price change going into effect.

5.2 Renewal; Cancellation

Your Premium subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium subscription before the end of the then-current subscription period by sending us an email at support@flexomatic.app. If you purchased the Premium Subscription through Flexomatic, or if you purchased the Premium Subscription through a third party, by canceling the Premium Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.

If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

5.3 Freezing long term subscriptions

It may happen that sometimes, during a long subscription, you take some time off of Amazon Flex, thus being charged during a span of time for nothing. In the case of short premium subscriptions and weekly subscriptions, as you can unsubscribe at any time, there is no hassle.

In case when you have subscribed for a long premium or short premium plan, there is a longer commitment. In that case you can pause your subscription in the middle of your commitment. This feature is called "account freezing" and you can access it both on the Account and Purchase / Upgrade panels on Flexomatic. When your subscription is frozen, you are only charged $10 per month until you unfreeze your account. When your account is frozen, you cannot grab any blocks using Flexomatic. Your commitment period will be resized accordingly once you unfreeze your account.

6 - Refund policy

Being refunded will always cost a $10 fee to study the case by a Flexomatic member. This price will be discounted from the refund. User request: each user refund request made on the chat www.flexomatic.app or sent on the email support@flexomatic.app will be studied by the team in the next 3 business days (out of Flexomatic vacation period). Here are some cases that could lead to a refund:

Failure to grab blocks:

After buying credits within a Pay as you go plan or subscribing to a Premium plan, a refund request is accepted if no blocks have been taken by the user in the 10 next days after their payment, using reasonable settings (i.e. not too restrictive) in the app and using the app more than 3 hours a day or 30h cumulated in the 10 first days. The team will ask first to try with reasonable settings, check with the user that Flexomatic does not grab blocks and refund the whole amount paid by the user if the app can't work (minus a $10 fee, see above).

Suspended user:

If a user is suspended by Amazon Flex for any reason, Flexomatic will ask this user to transfer them the email that mentions the suspension of the user’s account. The Flexomatic service will suspend its plan subscription as long as the user is suspended by the Amazon Flex service. No refund is possible for the month that has started or for the credits bought. If the suspension is relieved by Amazon Flex, the user will have to finish their plan period before choosing a new plan. Flexomatic failure:

If Flexomatic has technical challenges preventing it from working for more than 7 following business days in the month, Flexomatic will offer a month of subscription to its user by giving one month for free at the end of the user plan period. If Flexomatic has technical challenges preventing it from working more than 15 following business days in the month, it will stop the subscription of the user and accept a refund for the month if the user requests it on the chat www.flexomatic.app or on support@flexomatic.app. Flexomatic will ask every Premium plan user to subscribe again if it is able to re-launch the service.

Wrong Blocks:

Blocks grabbed by hand and counted as a credit by the app:

If a user grabs a block by hand and if Flexomatic counts it as a block grabbed by the Flexomatic Service, the user can ask Flexomatic to give the credit back by asking it on support@flexomatic.app or on the chat box on www.flexomatic.app within 3 days after the blocks is grabbed. The credit will be given back within 3 days after the notification. The Flexomatic team will verify that the block has been taken by hand before giving back the credit by using the user activity and discussing the situation with the user.

Reserved block:

Flexomatic can grab reserved blocks. If the application grabs an unwanted reserved block, the user can ask Flexomatic to be given a credit back by asking so on support@flexomatic.app or in the chat box on www.flexomatic.app within 3 days after the block is grabbed. The credit will be given back within 3 days after the notification. The Flexomatic team will verify that the block had been counted by error before giving back the credit. No credit will be given back if the setting “ignore reserved blocks” was not enabled.

7 - Term and termination

The Agreements will continue to apply to you until terminated by either you or Flexomatic. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Flexomatic may terminate the Agreements or suspend your access to the Flexomatic Service at any time, including in the event of your actual or suspected unauthorized use of the Flexomatic Service, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Flexomatic terminate the Agreements, or if Flexomatic suspends your access to the Flexomatic Service, you agree that Flexomatic shall have no liability or responsibility to you, and Flexomatic will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Flexomatic account, please contact us at support@flexomatic.app. This section will be enforced to the extent permissible by applicable law. All the sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

8 - Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE FLEXOMATIC SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. FLEXOMATIC AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FLEXOMATIC NOR ANY OWNER OF CONTENT WARRANTS THAT THE FLEXOMATIC SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, FLEXOMATIC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE FLEXOMATIC SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND FLEXOMATIC IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM FLEXOMATIC SHALL CREATE ANY WARRANTY ON BEHALF OF FLEXOMATIC. WHILE USING THE FLEXOMATIC SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

9 - Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FLEXOMATIC SERVICE IS TO UNINSTALL ANY FLEXOMATIC SOFTWARE AND TO STOP USING THE FLEXOMATIC SERVICE. YOU AGREE THAT FLEXOMATIC HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE FLEXOMATIC SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FLEXOMATIC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. IN NO EVENT WILL FLEXOMATIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FLEXOMATIC SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FLEXOMATIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FLEXOMATIC SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FLEXOMATIC DURING THE PRIOR SIX MONTHS IN QUESTION.

Nothing in the Agreements removes or limits Flexomatic’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST FLEXOMATIC MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10 - Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Flexomatic, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

11 - Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Flexomatic, the Agreements constitute all the terms and conditions agreed upon between you and Flexomatic and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Flexomatic Service may be governed by additional agreements. That could include, for example, access to the Flexomatic Service as a result of a code, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. The extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

12 - Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Flexomatic or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Flexomatic’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

13 - Assignment

Flexomatic may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Flexomatic may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

14 - Indemnification

You agree to indemnify and hold Flexomatic harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Flexomatic Service; and (4) your violation of any law or the rights of a third party.

15 - Contact us

If you have any questions concerning the Flexomatic Service or the Agreements, please contact Flexomatic’s Customer Service at support@flexomatic.app.