1. Introduction

Welcome to Flexable Technologies Private Limited (“Flexable,” “we,” “us,” or “our”), a company incorporated under the laws of India, with its registered office in Karnataka, Bengaluru, India. These Terms and Conditions (“Terms”) govern your access to and use of our website, https://flexable.work/ (the “Website”), and our Services, which include our freelance marketplace connecting skilled independent professionals (“Freelancers”) with businesses seeking their expertise (“Clients”), as well as related tools such as SphereTrack for time tracking and project collaboration (collectively, the “Services”).

By accessing or using our Website or Services, you (“you” or “User”) agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any additional terms referenced herein or presented during your use of specific Services (e.g., Freelancer agreements, Client contracts). If you do not agree to these Terms, you must not access or use our Website or Services. These Terms constitute a legally binding agreement between you and Flexable.

2. Scope

These Terms apply to all Users of the Website and Services, including, without limitation, Freelancers, Clients, prospective Clients, and Website visitors. They govern your interactions with Flexable, our Platforms, and third-party services integrated with our Services. These Terms do not apply to third-party websites or services linked from our Website, which are subject to their own terms.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction.
• Have the legal capacity to enter into binding contracts.
• Comply with all applicable laws, including those in India and your jurisdiction of residence.
• Not be subject to sanctions or restrictions that prohibit your use of our Services (e.g., under international sanctions lists).

Flexable reserves the right to refuse or terminate access to any User who does not meet these eligibility criteria or violates these Terms.

4. User Accounts

a) Account Creation

To access certain features of our Services (e.g., applying as a Freelancer or engaging as a Client), you must create an account by providing accurate and complete information, including your name, email address, and other details as requested. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

b) Account Security

You agree to:

• Notify us immediately at udhay@flexable.work of any unauthorized access or suspected breach of your account.
• Update your account information promptly to ensure its accuracy.
• Not share your account credentials with others or allow unauthorized access.

Flexable is not liable for losses arising from unauthorized use of your account due to your failure to secure your credentials, except where required by law.

c) Account Termination

We may suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, or fail to meet our eligibility criteria. You may terminate your account by contacting us at udhay@flexable.work. Upon termination, your access to the Services will cease, and we may retain certain data as described in our Privacy Policy.

5. Services

a) Overview

Flexable operates a freelance marketplace that connects Freelancers with Clients for project-based engagements. Our Services include:

• Freelancer Screening and Onboarding: Evaluating Freelancers’ qualifications, skills, and experience to join our network.
• Client Matching: Facilitating connections between Clients and Freelancers based on project requirements.
• Collaboration Tools: Providing tools like SphereTrack for time tracking, invoicing, and project management.
• Payment Processing: Managing payments between Clients and Freelancers via third-party providers.

b) Freelancer Obligations

If you are a Freelancer, you agree to:

• Provide accurate information during the application and screening process, including qualifications, work history, and government-issued identification.
• Perform services for Clients professionally and in accordance with project agreements.
• Use SphereTrack or other designated tools to track time and deliverables, as required.
• Comply with all applicable laws, including tax and labor regulations in your jurisdiction.
• Maintain confidentiality of Client information received through our Services.

c) Client Obligations

If you are a Client, you agree to:

• Provide accurate project requirements and payment information.
• Pay Freelancers promptly for services rendered, as agreed in project contracts.
• Use our Services and tools in accordance with these Terms.
• Treat Freelancers respectfully and comply with applicable laws, including anti-discrimination regulations.
• Maintain confidentiality of Freelancer information received through our Services.

d) Limitations

Flexable facilitates connections but is not a party to agreements between Freelancers and Clients unless expressly stated. We do not guarantee the quality, timeliness, or legality of services provided by Freelancers or the conduct of Clients.

6. Payments

a) Payment Processing

Payments for services rendered through our Platforms are processed by third-party providers, such as Stripe, subject to their terms and privacy policies. Clients agree to provide valid payment information and authorize charges for Freelancer services. Freelancers agree to provide accurate banking details for receiving payments.

b) Fees

Flexable may charge fees for its Services, including but not limited to:

• Service fees for Clients based on project value or subscription plans.
• Transaction fees for payment processing.
• Administrative fees for Freelancers, deducted from payouts.

Fee details will be provided at the time of engagement or in separate agreements. All fees are non-refundable unless otherwise required by law.

c) Disputes

Payment disputes between Freelancers and Clients must be resolved directly between the parties. Flexable may, at its discretion, assist in mediating disputes but is not liable for resolving them. Contact udhay@flexable.work for assistance with payment issues.

7. Intellectual Property

a) Flexable’s Intellectual Property

All content on our Website and Services, including text, graphics, logos, software, and trademarks, is owned by or licensed to Flexable and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written consent, except as permitted for personal, non-commercial use.

b) User Content

You retain ownership of content you submit to our Platforms (e.g., Freelancer profiles, project details). By submitting content, you grant Flexable a worldwide, non-exclusive, royalty-free, transferable license to use, display, and reproduce such content to provide and promote our Services. You warrant that your content does not infringe third-party rights.

c) Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant Flexable a perpetual, irrevocable, royalty-free license to use such feedback without compensation or attribution.

8. Prohibited Conduct

You agree not to:

• Use the Services for unlawful purposes or in violation of these Terms.
• Impersonate others or provide false information.
• Engage in fraudulent activities, including misrepresenting qualifications or project details.
• Attempt to bypass security measures, hack, or disrupt our Platforms.
• Use automated tools to access or extract data from our Website.
• Harass, discriminate against, or harm other Users.
• Violate the intellectual property or confidentiality rights of Flexable or other Users.

Flexable may investigate and take action against prohibited conduct, including account suspension or legal action.

9. Privacy and Data Protection

Your use of our Services involves the collection and processing of Personal Data, as detailed in our Privacy Policy. By using our Services, you consent to such processing, subject to your rights under applicable data protection laws (GDPR, CCPA, DPDPA).

10. Third-Party Services

Our Services integrate third-party providers, such as Stripe for payments and AWS for hosting. These providers operate under their own terms and privacy policies, which you should review. Flexable is not responsible for the actions or policies of third-party services.

11. Termination

a) By You

You may stop using our Services at any time by deactivating your account or ceasing access. Obligations related to payments, confidentiality, or intellectual property survive termination.

b) By Flexable

We may suspend or terminate your access to the Services if you:

• Violate these Terms or applicable laws.
• Engage in fraudulent or harmful conduct.
• Fail to meet eligibility criteria or payment obligations.

Upon termination, you must cease using our Services, and we may delete your account data, except as required by law or our Privacy Policy.

12. Disclaimers

The Services are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Flexable does not guarantee:

• The availability, accuracy, or reliability of the Services.
• The quality or suitability of Freelancer services or Client projects.
• Uninterrupted or error-free access to our Platforms.

13. Limitation of Liability

To the fullest extent permitted by law, Flexable, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to loss of profits, data, or goodwill. Our total liability for any claim shall not exceed the fees paid by you to Flexable in the six months preceding the claim. These limitations apply regardless of the legal theory.

14. Indemnification

You agree to indemnify, defend, and hold harmless Flexable and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from:

• Your use of the Services in violation of these Terms.
• Your content or conduct infringing third-party rights.
• Disputes between Freelancers and Clients.

15. Dispute Resolution

a) Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India, unless otherwise required by applicable law.

b) Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Bengaluru, India, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement or, failing agreement, by the Indian Arbitration and Mediation Centre. The language of arbitration shall be English, and the decision shall be final and binding. Notwithstanding this, Flexable may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16. Modifications to Terms

We may update these Terms to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes via email or Website notices at least 30 days before they take effect, unless immediate changes are required by law. Your continued use of the Services after updates constitutes acceptance, subject to your legal rights.

17. Miscellaneous

a) Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any supplemental agreements, constitute the entire agreement between you and Flexable regarding the Services.

b) Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

c) No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

d) Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. Flexable may assign its rights and obligations to a successor in connection with a business transfer.

e) Force Majeure

Flexable shall not be liable for delays or failures in performance due to events beyond our reasonable control, including natural disasters, government actions, or technical failures.

18. Contacting Flexable

For questions, concerns, or complaints regarding these Terms, please contact:

Flexable Technologies Private LimitedEmail: udhay@flexable.work Address: Karnataka, Bengaluru, India

For EU/UK residents: GDPR RepresentativeEmail: compliance@flexable.work