TERMS OF SERVICES

Welcome to FlirtFlex. These terms and conditions govern your use of our app and services. By accessing or using our services, you agree to be bound by these terms. If you disagree with any part of these terms, please refrain from using our platform.

Article 1: Eligibility

1.1 Age Requirement:

The services offered by FlirtFlex are not designed for, nor intended for use by, individuals under the age of eighteen (18) years. Any registration, use, or access to the services by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these terms and conditions.

1.2 Representation and Warranty:

By accessing, registering, or using the services of FlirtFlex, you hereby represent, warrant, and covenant that:

a. You have attained the age of eighteen (18) years or above and are fully able and competent to enter into and comply with these terms and conditions.

b. All the personal information provided by you during registration, including your age or date of birth, is accurate, true, and complete.

c. You assume all the responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or access of FlirtFlex and its services.

1.3 Indemnification for False Representation:

In the event that you provide false, inaccurate, or incomplete information regarding your age or breach the representations and warranties outlined above, you agree to indemnify, defend, and hold harmless FlirtFlex, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the app or services and any breach of your representations and warranties set forth in this Article.

Article 2: Services

2.1 Service Provision:

FlirtFlex ("the Platform") offers a subscription-based digital service that facilitates communication between its registered users ("Users") and its affiliated content creators ("Content Creators"). This service primarily manifests in the form of video calls and messaging sessions.

2.2 Nature of Interaction:

While the Platform provides a virtual space for communication, it does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content communicated through its services. Users must exercise caution and maintain personal safety when interacting with Content Creators.

2.3 Expectation of Conduct:

All Users and Content Creators utilizing the Platform are expected to maintain a decorum of respect, professionalism, and courtesy. Interactions must adhere to the standards and limitations prescribed by FlirtFlex’s Content Policy, as stipulated elsewhere in these Terms and Conditions.

2.4 Limitation of Responsibility:

The Platform acts as an intermediary service provider, facilitating communication between Users and Content Creators. It assumes no responsibility for the conduct of any User or Content Creator or for the content communicated during interactions. Users and Content Creators bear sole responsibility for their conduct and the content they share.

2.5 Modifications and Interruptions:

FlirtFlex reserves the right to change, modify, or discontinue any aspect of its services at any time. This includes, but is not limited to, content, hours of availability, and equipment required for access to or use of the app. Additionally, the app may occasionally be inaccessible or inoperable due to periodic maintenance or other factors. Users acknowledge and accept that interruptions in service may occasionally occur and that FlirtFlex is not liable for any losses or damages resulting from such interruptions.

Article 3: Subscription and Payments

3.1 Currency and Packages:

The primary mode of transaction on FlirtFlex ("the Platform") is through virtual currency known as "Flex Coins." These Flex Coins can be acquired by users ("Users") in various predetermined packages, as delineated on the Platform.

3.2 Payment Gateways:

Financial transactions for the purchase of Flex Coins are facilitated through third-party payment processors, namely Stripe, Google Play Store, and Apple Pay. The Platform is not responsible for the processing of transactions and directs Users to refer to the terms, conditions, and privacy policies of these third-party processors before making a purchase.

3.3 Subscription Tiers:

The Platform offers multiple subscription options to cater to the diverse needs of its Users. This includes standard subscription packages and two enhanced premium tiers, identified as "VIP" and "VIP+." Specific benefits, features, and pricing of these tiers are outlined separately on the Platform.

3.4 Refunds:

The Platform's refund policy operates in consonance with the stipulations and requirements set forth by the Google Play Store and Apple's App Store. Users seeking refunds are required to initiate their requests following the guidelines provided by these app stores. The Platform will review and process these requests as per the stipulated criteria.

3.5 Financial Discrepancies:

Users are encouraged to review their transactions and report any discrepancies or unauthorized charges to the Platform within a set timeframe. Failure to report within this period may limit the Platform's capacity to address and rectify the issue.

Article 4: Content Policy

4.1 Purpose and Scope:

This Content Policy governs the type and nature of content shared and communicated by users ("Users") and content creators ("Content Creators") on FlirtFlex ("the Platform"). It aims to maintain a respectful and professional environment, free from objectionable content and behaviors.

4.2 Prohibited Content and Conduct:

a. Pornographic Material: Users and Content Creators are strictly forbidden from sharing, displaying, or engaging in any content of a pornographic nature or that which explicitly depicts sexual acts.

b. Nudity: Any form of nudity, whether partial or full, is not permitted on the Platform. This includes, but is not limited to, images, videos, or live streaming that showcases bare or exposed private parts.

c. Vulgar Language: Users and Content Creators must refrain from using offensive, indecent, or obscene language. This includes, but is not limited to, hate speech, racial or ethnic slurs, and derogatory comments.

d. Harassment: Engaging in any form of harassment, be it verbal, physical, psychological, or via any other means, is strictly prohibited. This includes any unsolicited or unwelcome behavior that causes discomfort, fear, or distress to another party.

4.3 Enforcement and Penalties:

a. Monitoring: The Platform reserves the right, but not the obligation, to monitor interactions and shared content to ensure compliance with this Content Policy.

b. Violations: Breach of any part of this Content Policy by Users or Content Creators is considered a serious violation of the Platform's terms and conditions. Such violations can result in various corrective actions, including warnings, suspension of privileges, or immediate termination of accounts without prior notice.

c. Reporting: Users and Content Creators are encouraged to report any perceived violations of this Content Policy. The Platform shall take appropriate actions upon verification of such reports.

4.4 Amendments:

The Platform reserves the right to modify, expand, or reduce the scope of this Content Policy at any time. Users and Content Creators are advised to review the Content Policy periodically to stay informed of any changes.

Article 5: Data Protection and Privacy

5.1 Commitment to Privacy: Flirtflex ("the Platform") places the utmost importance on the privacy and security of the data of its users ("Users") and Content Creators ("Content Creators"). The handling, collection, use, and dissemination of personal and non-personal information are governed by our separate Privacy Policy, which Users and Content Creators are encouraged to review periodically.

5.2 Data Storage: a. Video Calls and Messages: For operational and security purposes, video calls and text messages conducted or exchanged on the Platform are stored on secure cloud servers. These records are retained for a duration of one week after which they are permanently deleted unless otherwise required by law or for legitimate operational purposes. b. Security Measures: The Platform employs state-of-the-art security measures to protect data against unauthorized access, alteration, disclosure, or destruction. These include, but are not limited to, encryption, firewalls, and secure socket layer (SSL) technology.

5.3 Data Usage and Sharing: a. Operational Use: The collected data, including video calls and messages, are primarily used for operational purposes, such as quality assurance, dispute resolution, and service improvement. b. Third Parties: Unless explicitly stated in the Privacy Policy or required by law, the Platform does not share, sell, rent, or trade personal data with third parties for their promotional purposes.

5.4 User Rights and Access: a. Access and Correction: Users have the right to access their personal data stored by the Platform and may request corrections or deletions under applicable laws. b. Withdrawal of Consent: Users may withdraw their consent to the collection or processing of their data at any time, subject to legal or contractual restrictions and reasonable notice.

5.5 Policy Updates: The Platform reserves the right to modify, amend, or update its Data Protection and Privacy practices and policies from time to time. Notifications of significant changes will be communicated, but Users and Content Creators are advised to review this section periodically to stay informed.

Article 6: Dispute Resolution

6.1 Initial Resolution: Flirtflex ("the Platform") is committed to providing a constructive and effective mechanism to address concerns or disputes arising between its users ("Users"), Content Creators ("Content Creators"), and the Platform itself. In the event of any disagreement or dispute, the parties involved are encouraged, in the first instance, to engage in open dialogue and negotiation to reach an amicable resolution.

6.2 Notification: Any User or Model who finds themselves in a dispute should promptly notify the Platform in writing, providing a clear description of the matter, the specific relief sought, and any relevant documentation. The Platform will make reasonable efforts to address and resolve the issue in a timely manner.

6.3 Arbitration: a. Initiation: If a dispute cannot be resolved through direct negotiation, either party may initiate a binding arbitration process. Unless both parties agree otherwise, arbitration will be conducted in the city where the Platform's principal place of business is located. b. Governing Rules: The arbitration will be governed by applicable arbitration laws and rules in force in the jurisdiction where the Platform operates. c. Arbitrator Selection: A single arbitrator will be mutually agreed upon by the parties involved. If the parties cannot agree on an arbitrator within a stipulated timeframe, an arbitrator will be appointed as per the rules governing arbitration in the Platform's jurisdiction. d. Decisions: The arbitrator's decision will be final and binding on all parties involved. Any court with jurisdiction may enforce the arbitrator's award.

6.4 Exclusions: Notwithstanding the above provisions, the Platform may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

6.5 Costs: Unless otherwise determined by the arbitrator or agreed upon by the parties, each party will bear its own costs and expenses of arbitration.

6.6 Waiver of Class Actions: By using the Platform, Users and Content Creators agree to resolve disputes through individual arbitration and waive any right to participate in class actions or class-wide arbitration.

Article 7: Termination of Services

7.1 Grounds for Termination: Flirtflex ("the Platform") reserves the unfettered right to terminate or suspend the account of any user ("User") or model ("Model") who is found to be in violation of the Platform's terms and conditions, or who engages in behaviors or shares content that is prohibited as per the Platform's policies.

7.2 Immediate Termination: In certain circumstances, due to the severity or repetitiveness of the breach, the Platform may immediately terminate or suspend the offending account without prior notice.

7.3 Notification: Upon the decision to terminate or suspend an account, the Platform will endeavor, where feasible and unless it deems unnecessary or counterproductive, to notify the concerned User or Model of such a decision and provide a brief rationale for the same.

7.4 Appeal Process: a. Initiation: Users or Content Creators who believe their account has been unjustly terminated or suspended may initiate an appeal by sending a written communication to support@Flirtflex.com b. Content of Appeal: The appeal should contain a detailed account of the situation, reasons why the User or Model believes the termination or suspension was unjust, and any supporting evidence or documentation. c. Review: The Platform will review the appeal in a timely and fair manner. A decision will be made based on the merit of the information provided, and the Platform's findings from its own investigations. d. Decision: Following the review, the Platform will either reinstate the account or uphold the termination/suspension. This decision is final.

7.5 Effects of Termination: Upon termination: a. The User or Content Creators will lose access to all features and data associated with their account. b. Any accrued benefits, virtual currency, or credits will be forfeited. c. The Platform retains the right to retain or delete the data associated with the terminated account, in accordance with its data retention policies and applicable laws.

Article 8: User Responsibilities

8.1 Adherence to Policies: All users ("Users") of Flirtflex ("the Platform") are required to strictly adhere to the Platform's Content Policy and any other policies or guidelines made available by the Platform from time to time. Failure to do so may result in actions being taken against the User, including but not limited to warnings, suspension, or termination of the account.

8.2 Respectful Interaction: a. Model Boundaries: Users must always respect the personal and professional boundaries set by Content Creators ("Content Creators") on the Platform. This includes not pressuring, coercing, or attempting to persuade Content Creators into actions or discussions they are uncomfortable with. b. Respectful Conduct: Users are expected to maintain a respectful and courteous demeanor in all interactions on the Platform. Any form of harassment, bullying, intimidation, or other disruptive behaviors will not be tolerated and may lead to immediate actions, including suspension or termination of the User's account.

8.3 Prohibited Behaviors: Users are strictly prohibited from: a. Misrepresenting their identity or providing false information on the Platform. b. Sharing or distributing any content that violates the Platform's Content Policy. c. Engaging in any form of harassment, discrimination, or hate speech. d. Using the Platform for any illegal activities or promoting harmful actions.

8.4 Reporting Obligations: Users have a duty to report any observed or suspected violations of the Platform's terms and policies. Reports can be made through the appropriate channels provided by the Platform.

8.5 Account Security: Users are responsible for maintaining the confidentiality of their account credentials. They should take precautionary measures to prevent unauthorized access to their account and promptly report any unauthorized access or use to the Platform.

8.6 Cooperation: Users are expected to cooperate with the Platform's personnel in any investigations, disputes, or issue resolutions. This may include providing additional information, participating in discussions, or complying with interim measures.

Article 9: Model Agreement

9.1 Relationship Definition: Content Creators providing services on Flirtflex ("the Platform") are engaged as independent contractors and not as employees, agents, partners, or joint venturers of the Platform. As such, Content Creators are not entitled to any benefits, privileges, or rights that an employee of the Platform might receive.

9.2 Contractual Obligations: The specific terms, conditions, duties, rights, and responsibilities of Content Creators are delineated in a separate Independent Contractor Agreement ("Independent Contractor Agreement"). This Agreement will cover aspects including, but not limited to, the scope of work, compensation, confidentiality, intellectual property rights, and termination clauses.

9.3 No Agency: Content Creators have no authority to enter into contracts, assume obligations, or make representations on behalf of the Platform. Any actions that suggest otherwise may result in termination of their Independent Contractor Agreement and removal from the Platform.

9.4 Compensation: Content Creators will receive compensation as stipulated in their individual Model Agreement. They are responsible for their own taxes, insurance, and any other statutory or financial obligations arising from their earnings.

9.5 Confidentiality: Content Creators are required to maintain the confidentiality of any proprietary or non-public information they access or are privy to while offering services on the Platform. This obligation will persist even after the termination of their Independent Contractor Agreement.

9.6 Intellectual Property: Unless explicitly stated in the Independent Contractor Agreement, all content produced, shared, or transmitted by Content Creators on the Platform remains the property of the Platform or its licensors. Content Creators may not reproduce, distribute, or otherwise use such content outside of the Platform without explicit written permission.

9.7 Termination: The Platform reserves the right to terminate or suspend the Model Agreement for breach of its terms, violations of Platform policies, or any other reason deemed necessary in the Platform's sole discretion.

Article 10: Governing Law and Jurisdiction

10.1 Governing Law: These terms and conditions, and any disputes, claims, or controversies arising out of or in connection with the use of Flirtflex ("the Platform"), or any services provided by the Platform, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these terms and conditions, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to its conflict of laws principles or rules.

10.2 Exclusive Jurisdiction: The state and federal courts located within the State of Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these terms and conditions or its formation, interpretation, or enforcement. Both parties consent to the exclusive jurisdiction of such courts and waive any objection to such courts, whether based on inconvenient forum, lack of personal jurisdiction, or otherwise.

10.3 Waiver of Jury Trial: Both the user ("User") and Flirtflex hereby waive any right to a trial by jury in connection with any dispute arising out of or relating to these terms and conditions or their respective rights under these terms and conditions, whether now existing or hereafter arising and whether sounding in contract, tort, or otherwise.

10.4 Alternative Dispute Resolution: Notwithstanding the foregoing, any disputes may be referred to and finally resolved by arbitration, as stipulated in the "Dispute Resolution" clause of these terms and conditions, if applicable.

Article 11: Changes to Terms

11.1 Modification Rights: Flirtflex ("the Platform") reserves the unqualified right, in its sole discretion, to modify, amend, revise, or replace these terms and conditions at any given time. Such changes will take effect immediately upon their posting on the Platform.

11.2 Notice of Changes: While the Platform will endeavor to provide notifications of significant changes through email, announcements, or other means, it remains the primary responsibility of the user ("User") to remain informed of any modifications by periodically reviewing the terms.

11.3 Acceptance of Changes: Continued use of the Platform following the posting of any changes to the terms and conditions constitutes acceptance of those changes. If any User disagrees with the revised terms, their sole remedy is to discontinue the use of the Platform.

11.4 Historical Versions: The Platform may archive previous versions of these terms and conditions for Users' reference. However, the most current version will always be available on the Platform and will supersede all previous versions.

Article 12: Child Safety and CSAM Policy

 

12.1. At Flirtflex, we are deeply committed to ensuring the safety and security of all users. To address the critical issue of Child Sexual Abuse Material (CSAM) comprehensively, we have developed a dedicated Child Safety and Anti-CSAM Policy. This separate document allows us to provide detailed information on our zero-tolerance approach, enforcement actions, reporting mechanisms, and collaborative efforts with law enforcement and child protection organizations.

 

12.2. We have chosen to maintain a separate policy to ensure clarity and accessibility for users, highlighting the specific measures we take to combat CSAM and protect vulnerable individuals. This separation ensures that users can easily find and understand the specific rules and responsibilities related to child safety, without ambiguity or overlap with broader platform policies.

 

12.3. By using Flirtflex, you agree to familiarize yourself with and adhere to the provisions outlined in the Child Safety and Anti-CSAM Policy. Any violation of this policy will result in immediate action, including account termination and reporting to authorities. For more information, please review the Child Safety and Anti-CSAM Policy, available here, or contact us at support@Flirtflex.com for assistance.

Article 13: Prohibited Use of Coins and Services

13.1 Strict Prohibition on Illegal Activities:
FlirtFlex ("the Platform") strictly prohibits the solicitation, exchange, or use of coins for any form of illegal acts or activities. This prohibition applies equally to both users ("Users") and content creators ("Content Creators"). Examples of prohibited activities include, but are not limited to:

  • Prostitution or solicitation of sexual services.

  • Exploitation of individuals, including minors, vulnerable persons, or Content Creators.

  • Activities that violate any local, state, national, or international laws.

13.2 Content Creator Compliance:
Content Creators are explicitly prohibited from accepting coins or engaging in transactions on the Platform for:

  • Solicitation of illegal services.

  • Any activity that bypasses the intended purpose of the Platform, including but not limited to unlawful or inappropriate requests by Users.

  • Engagement in any behavior that could be construed as facilitating or participating in criminal acts.

13.3 Prohibition on Gifts and Unlawful Transactions:
The exchange of coins or any transactions on the Platform must adhere strictly to FlirtFlex’s policies and terms of service. The following are expressly forbidden:

  • Offering or accepting coins as "gifts" for purposes other than those explicitly permitted by FlirtFlex.

  • Engaging in any behavior that may constitute financial fraud, money laundering, or unauthorized transfers.

13.4 Purpose of Coins:
Coins are exclusively intended to support Content Creators through donations, subscriptions, and access to legitimate content and services as outlined by FlirtFlex. Any use outside of these approved purposes is strictly prohibited.

13.5 Monitoring and Enforcement:
FlirtFlex reserves the right to monitor transactions and interactions on the Platform to ensure compliance with this Article. Violations by either Users or Content Creators will result in immediate disciplinary action, including but not limited to:

  • Suspension or termination of accounts.

  • Forfeiture of coins or funds associated with the account.

  • Reporting of illegal activities to appropriate law enforcement authorities.

13.6 Shared Responsibility:
Both Users and Content Creators are responsible for:

  • Complying with all applicable laws and regulations.

  • Avoiding any behavior or activities that violate this Article.

  • Reporting suspected violations of these terms to FlirtFlex’s support team at support@flirtflex.com.

13.7 Indemnification:
Users and Content Creators agree to indemnify and hold harmless FlirtFlex, its affiliates, employees, and partners from any claims, liabilities, or damages resulting from breaches of this Article or engagement in prohibited activities.

13.8 Amendments to Article 13:
FlirtFlex reserves the right to modify or update this Article as necessary to address emerging risks, legal requirements, or changes in Platform policies. Notifications of significant changes will be provided to both Users and Content Creators.

13.9 Zero-Tolerance Policy:
FlirtFlex enforces a zero-tolerance policy for any violations of this Article. Activities found to be in breach of these terms will result in immediate action without prior notice, regardless of whether the violation was initiated by a User or a Content Creator.

 

Article 14: Contact Information

Should you have any questions, concerns, or queries relating to these terms and conditions or need further assistance with any matter pertaining to our services, please reach out to us at:

Flirtflex
Address:
8911 NORTH CAPITAL OF TEXAS HIGHWAY,
SUITE 4200 #1217
AUSTIN, TX 78759
UNITED STATES

Email: support@Flirtflex.com

Your feedback and inquiries are of utmost importance to us, and we will make every effort to address them in a timely and effective manner.