Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING FLEX 54 OR ANY SERVICES PROVIDED BY 26TH STREET INC. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Use ("Terms") are a legally binding agreement between you and 26th Street Inc. and its relevant affiliates (collectively, "Flex 54," "we," "us," or "our") governing access to and use of the Flex 54 website, dashboard, widgets, APIs, connected-channel features and related services (collectively, the "Services").

Flex 54 provides AI-assisted websites, unified inbox, customer communications, lead capture, handoff routing, invoicing, knowledge-base tools and related business software for small and growing businesses.

By accessing, registering for or using the Services, you represent that you have read, understood and agree to these Terms and our Privacy Policy; you are at least 18 years old; and, if you use the Services for an organization, you have authority to bind that organization.

"AI Technologies" means artificial intelligence, machine-learning, language-model, retrieval, classification, summarization and automation technologies used in or with the Services.

"Business Customer" means a business, organization or individual that creates a Flex 54 workspace or uses the Services to manage business communications, websites, leads, invoices or related operations.

"Connected Services" means third-party services, accounts, channels, websites, email inboxes, social accounts, payment tools or other integrations that you authorize for use with Flex 54.

"User Content" means text, data, files, images, business knowledge, messages, customer information, leads, invoices, attachments, feedback and other materials submitted to, uploaded to, transmitted through or generated for use with the Services.

You are responsible for providing accurate, current and complete account information; maintaining the confidentiality of account credentials; managing authorized users; and promptly notifying us of unauthorized access or suspected security incidents.

You may connect only accounts, channels, data, websites, business assets and customer information that you own, control or are legally authorized to manage. You are responsible for all activity under your account and workspace.

Feature availability may vary by plan, market, account configuration, connected service, product readiness and technical constraints. Features described as beta, preview, experimental, early access or coming soon may change, contain errors, be limited to selected customers or be discontinued.

We may modify, suspend or discontinue all or part of the Services at any time. We are not liable for any modification, suspension or discontinuation, except where prohibited by law or expressly stated in a separate written agreement.

If you are a Business Customer, you are responsible for your own customers, communications, offers, invoices, websites, products, services, privacy notices, consents, compliance obligations and decisions made using the Services.

You are responsible for ensuring that your use of Flex 54 and AI Technologies complies with applicable laws, industry rules, consumer-protection requirements, privacy laws, marketing and anti-spam laws, employment rules, professional obligations and platform policies.

You must provide all notices and obtain all permissions required before collecting, uploading, connecting, sending, recording, processing or using Personal Information, customer communications or third-party content through the Services.

Your use of Connected Services remains subject to the terms, policies, permissions and technical limits of those third parties. Flex 54 does not control third-party services and is not responsible for their availability, content, data practices, security, errors or changes.

Authorizing a Connected Service permits Flex 54 to access, process and transmit information from that service as needed to provide the features you request. You may be able to disconnect integrations from account settings or from the third-party service.

You may not use the Services to violate law, infringe rights, deceive people, impersonate others, harass or discriminate, send unlawful spam, process data without a lawful basis, distribute malware, evade platform restrictions, scrape without permission, disrupt service integrity, reverse engineer the Services except where such restriction is prohibited by law, or gain unauthorized access to systems or data.

You may not submit or transmit content that is unlawful, harmful, defamatory, obscene, abusive, fraudulent, invasive of privacy, infringing, malicious, or that contains another person’s Personal Information without required rights, notices and permissions.

AI outputs may be inaccurate, incomplete, delayed, biased or unsuitable for a particular context. AI outputs are not legal, financial, medical, tax, employment or other professional advice. You should independently verify important information before relying on it.

You are responsible for configuring business knowledge, reviewing important responses, supervising sensitive or high-impact communications, and using human review or handoff where appropriate. Flex 54 does not guarantee any business outcome, lead conversion, revenue, compliance result or accuracy of AI-generated content.

Customers and end users may communicate with AI-powered bots through the Services. Communications made through the Services, including email, text messages, social messages and webchat, may be monitored, recorded, stored and used as described in these Terms and our Privacy Policy.

If you connect Google services, you authorize Flex 54 to access and use Google Workspace API data only to provide the user-facing features you request, including displaying connected email conversations, synchronising email threads, classifying and summarising messages, generating suggested responses, capturing customer enquiries and sending authorised replies from the connected Gmail account.

Flex 54 does not use raw, aggregated, anonymised, or derived Google Workspace data to train, fine-tune, create, or improve any foundational or general-purpose artificial intelligence or machine-learning model. Google Workspace data is not sold, used for advertising, or shared with data brokers.

You retain ownership of User Content you submit. You grant Flex 54 a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, modify and use User Content as necessary to provide, secure, support and improve the Services, comply with law and enforce these Terms.

You represent and warrant that you have all rights, notices, permissions and lawful bases required for User Content and for the data you connect or process through the Services.

If you submit feedback, suggestions or ideas, you grant Flex 54 a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

Paid plans are billed in advance on the billing cycle you select. Applicable pricing, billing terms, renewal terms, taxes and included usage are shown before purchase or in your billing settings. We may change future pricing or plan packaging with appropriate notice.

You may change or cancel your plan from billing settings where available. Cancellation takes effect at the end of the paid period, and access continues until then unless otherwise stated. Except where required by law or expressly stated in writing, payments already made are non-refundable.

Flex 54, its software, designs, workflows, documentation, trademarks, logos, domain assets and related materials are owned by 26th Street Inc. or its licensors and are protected by intellectual-property and proprietary-rights laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your lawful business purposes. No intellectual-property rights are transferred to you except for this limited right.

Our Privacy Policy explains how we collect, use and protect Personal Information. You are responsible for providing any notices and obtaining any permissions required for your own customers, website visitors, team members and connected channels.

You may stop using Flex 54 at any time. We may suspend or terminate access, remove content, limit features or disable integrations to protect users, comply with law, address security risks, prevent misuse, enforce these Terms, respond to third-party platform requirements or protect service integrity. Where reasonable, we will provide notice and an opportunity to resolve the issue.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, RELIABILITY OR ERROR-FREE OPERATION.

Flex 54 does not warrant that the Services will meet your requirements; be uninterrupted, secure or error-free; produce accurate or complete AI outputs; be compatible with every third-party service; or achieve any particular business, compliance, revenue or customer outcome.

To the fullest extent permitted by law, 26th Street Inc., its affiliates, licensors, service providers, officers, directors, employees, contractors and agents will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data, business opportunity or use, arising out of or relating to the Services or these Terms.

To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of the amount paid by you for the Services during the twelve months before the claim or one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain exclusions or limitations, so some limits may not apply.

You agree to defend, indemnify and hold harmless 26th Street Inc., its affiliates, licensors, service providers, officers, directors, employees, contractors and agents from claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, User Content, connected channels, violation of these Terms, violation of law, misrepresentation, or infringement or violation of third-party rights.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, unless applicable law requires otherwise.

Before initiating a formal proceeding, you agree to contact us at help@flex54.com with a written description of the dispute and your contact information, and to attempt in good faith to resolve the dispute informally for 30 days.

To the fullest extent permitted by law, disputes will be conducted only on an individual basis and not in a class, consolidated or representative action. Any claim must be brought within one year after it accrues unless a longer period is required by law.

We may update these Terms to reflect changes to our services, business or legal requirements. Material changes will be communicated where appropriate. Continued use after the effective date means you accept the updated Terms.

Questions about these Terms can be sent to help@flex54.com. General enquiries can be sent to hello@flex54.com.