End User License Agreement for FLX Systems
It is important to read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the FLX Systems (“Vizual Proof or Frontliner”) mobile application (“Mobile App”), which allows Customer to access FLX’s internet- delivered service (“Subscription Service”) from their mobile devices. This EULA forms a binding legal agreement between the Customer (and any other entity on whose behalf you accept these terms) and FLX Systems (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Licensing Agreement”). With respect to the use of the Mobile App, and to the extent the License Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App.
1. License
FLX Systems grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for business purposes strictly in accordance with this EULA and the Subscription Agreement. You may not transfer, redistribute or sublicense the Licensed Application. Customer may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Open Source Components included with the Licensed Application).
2. Customer Account
Customer use of the Mobile App requires that Customer have an account with FLX Systems and agree to the terms of the License Agreement.
3. Changes to this EULA
FLX Systems reserves the right to modify this EULA at any time and for any reason. FLX Systems will post the most current version of this EULA https://www.flxsystems.com/EULA. If FLX Systems makes material changes to this EULA, Customer will receive notification via the Mobile App or email to the business contact. Notwithstanding the foregoing, Customers continued use of the Mobile App after FLX Systems publishes notice of changes to this EULA indicates their consent to the updated terms.
4. No Included Maintenance and Support
FLX Systems may deploy changes, updates, or enhancements to the Mobile App at any time. FLX Systems may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to Customer and may terminate such services at any time without notice. Customer acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use
Customer agrees that they will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. Customer’s use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy. Customer also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
6. Privacy
In order to operate and provide the Subscription Service and the Mobile App, FLX Systems may collect certain information about Customer, including technical and telemetry data related to Customer’s use of the Mobile App. FLX Systems takes great care to protect any and all data collected by the Mobile App and will never share or sell this data.
7. Data Transfer Fees
Customer is responsible for any fees associated with data usage or data transfer resulting from use of the Licensed Application on your devices, unless to the extent otherwise agreed to in writing by the parties.
8. No Warranty
CUSTOMER’S USE OF THE MOBILE APP IS AT THEIR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLX SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
The Mobile App is only available for supported devices and might not work on every device. Determining whether Customer’s device is a supported or compatible device for use of the Mobile App is solely Customer’s responsibility. FLX Systems does not represent or warrant that the Mobile App and Customer’s device are compatible or that the Mobile App will work on Customer’s device.
9. Suspension and Termination of the Mobile App
FLX Systems reserves the right to suspend or terminate Customer’s access to the Mobile App at any time based on the status of Customer’s account under the Subscription Agreement. Customer understand that if Customer’s account is suspended or terminated, Customer may no longer have access to the content that is stored within the Subscription Service.
10. Intellectual Property Rights
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Customer is responsible for any fees associated with data usage or data transfer resulting from use of the Licensed Application on your devices, unless to the extent otherwise agreed to in writing by the parties.
11. Legal Compliance
Customer represent and warrant that: (a) Customer are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) Customer are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) Customer are not listed on any U.S. Government list of prohibited or restricted parties. Customer further agree not to transport the Mobile App to or use the Mobile App in any such country.
12. Governing Law
This Agreement shall be governed by the laws of the State of Michigan without regard to its conflict of law’s provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Grand Rapids, Michigan and the parties hereby consent to exclusive personal jurisdiction and venue therein.
13. Contact Information
If Customer has any questions regarding this EULA, please contact FLX Systems by email at info@flxsystems.com, by phone at 1 (877) 529-2515, or by mail at 4115 Ayrshire Dr SW Wyoming, MI 49418.
14. Third Party Beneficiaries
This EULA is executed between Customer and FLX Systems and not between the Customer and any other party, including Apple for iOS users and Google for Android users. Customer agrees that any claims brought by Customer arising out of this EULA or Customer’s use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Customer’s acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against Customer as a third party beneficiary thereof. FLX Systems is not responsible for any applicable third-party agreement between Customer and any third-party, including their wireless provider.
FLX empowers deskless workers through technology. We develop software solutions for the underrepresented 80% of global workers who do their jobs on the sales floor and in the service field.
