FLEXMODE TERMS OF SERVICE

Effective Date: April 19, 2026

These Terms of Service ("Terms") govern your access to and use of the Flexmode platform, including the related mobile applications, websites, technology, software, and services (collectively, "Services"). These Terms specifically incorporate Flexmode's Acceptable Use Policy, Community Standards, Privacy Policy, and any other terms you may enter into with Flexmode. Flexmode Florida, LLC is a Florida corporation with its principal place of business in Miami, Florida. In these Terms, the words "Flexmode," "us," "our," or "we" refer to Flexmode Florida, LLC.

DEFINITIONS

"Content" means any content created, shared, posted, or made available in connection with the Services, including text, images, videos, audio, event posts, activity updates, comments, or other data.
"Event" means any sporting activity, competition, group activity, social gathering, or experience organized, facilitated, promoted, or listed through the Services.
"Member" or "User" means any person who creates an account or uses the Services.
"Premium Features" means subscription-based features providing access to exclusive Events, curated experiences, priority registration, and enhanced community features.
"User Data" means information you provide about yourself when creating an account or using the Services.

1. Agreement

These Terms are a binding agreement (contract) between you and Flexmode. You indicate your acceptance of these Terms by accessing, using, or signing up for any Services. If you do not agree to these Terms, do not access, use, or sign up for any Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms; that these Terms are fully binding on them; and that you have full authority to use or manage the Services on their behalf. In such cases, the terms "you" or "your" will refer to the entity and its affiliates. If you do not have this authority, you must not access or use the Services.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND FLEXMODE ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL—WITH LIMITED EXCEPTION—REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST FLEXMODE ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS IN SECTION 26.

IMPORTANT NOTICE REGARDING LIABILITY: THESE TERMS CONTAIN IMPORTANT PROVISIONS LIMITING FLEXMODE'S LIABILITY AND REQUIRING YOU TO RELEASE FLEXMODE FROM LIABILITY FOR INJURIES OR DAMAGES ARISING FROM YOUR PARTICIPATION IN ATHLETIC ACTIVITIES AND EVENTS. PLEASE READ SECTIONS 19, 22, AND 23 CAREFULLY.

2. Accounts

Age Limit

The Services are intended only for persons who are at least 18 years old. If you are under 18 years of age, you may not create an account or use the Services. By creating an account, you represent and warrant that you are at least 18 years old.

If Flexmode offers Events specifically designed for minors in the future, separate parental consent and guardian acknowledgment will be required in accordance with applicable law.

Signing Up

To use the Services, you must sign up and create an account. By creating an account, you agree:

To provide accurate, current and complete information about yourself ("User Data");
To keep User Data up to date, and make any changes as soon as possible;
That Flexmode may use your User Data to provide Services that you access or use and as set out in these Terms and our Privacy Policy;
To create only one account for your personal use and not to share your account or Flexmode membership with others;
That all activities associated with your account on the Services reflect authentic participation in sports, Events, and community activities;
That you possess the physical fitness, skill level, and medical clearance necessary to safely participate in any athletic activities or Events you register for through the Services; and
That Flexmode has the right to suspend or terminate your account and refuse current or future use of the Services if you violate these Terms, or as otherwise determined within Flexmode's discretion.

Security

You are fully responsible for maintaining the confidentiality of your account password and for preventing unauthorized access to your account. You accept full responsibility for all activities that occur under your account or from your devices, including Event registrations, community posts, payments for exclusive experiences, and any conduct at Events.

You agree to notify Flexmode immediately of any unauthorized access or use of your account or password, or any other breach of security. Unauthorized access to your account could expose your User Data and any other information or content you provide to Flexmode to unwanted or unintended third parties.

Third-Party Integrations

You may sign up for or login to your account via a third-party network, such as Google, Apple, or Facebook. If you do this, you authorize Flexmode to fill in the registration and other relevant information fields of your account and/or use such third-party credentials to log you into your account, based on those third parties' privacy policies.

You may also choose to connect or share information with third-party fitness apps, wearables, health tracking devices, or social media platforms that integrate with the Services. Information collected by these third parties is subject to their own terms and policies, and Flexmode is not responsible for the terms or policies of third parties.

3. Fees and Payment

Membership

Certain features of the Services are free, including basic community access and Event discovery. Premium membership features provide access to exclusive Events, curated experiences, priority Event registration, enhanced community features, and other benefits as described on the Services.

If you decide to access Premium Features, you will need to pay membership fees, plus any applicable taxes. Depending on your jurisdiction and your banking provider, you may be charged additional fees (e.g., a foreign transaction fee) when you purchase a Flexmode membership.

Membership fees are paid on a periodic billing cycle, depending on the membership plan you choose (monthly, annual, or other plans as offered). You agree to pay your membership fees on time.

Flexmode has the right to increase membership fees or add new fees at any time after giving at least thirty (30) days' advance notice. Changes in membership fees will take effect on your next billing date, unless otherwise stated.

Event Fees

Separate from membership fees, certain Events and experiences may require additional registration fees, ticket purchases, equipment rentals, or other charges. All Event fees are due at the time of registration unless otherwise specified for the particular Event.

Event fees are generally non-refundable unless:

The Event is canceled by Flexmode;
You cancel within the cancellation period specified for the Event (if any);
Flexmode determines in its sole discretion that special circumstances warrant a refund; or
As otherwise required by applicable law.

If you cancel an Event registration and are entitled to a refund, a processing fee of up to 10% of the Event fee may be deducted from your refund to cover administrative costs.

Payment

To pay any fees to Flexmode, you must select and provide information about your preferred payment method (e.g., credit card, debit card, online payment service such as PayPal or Stripe, or any other payment method made available by Flexmode) (the "Payment Method"). You authorize us to charge your Payment Method for all fees you incur and to collect and use your payment information for payment of the fees. More information about how we process your payment information is in our Privacy Policy.

You represent and warrant that you have the legal right to use any Payment Method you provide to Flexmode. You authorize Flexmode to charge your Payment Method for all amounts due, including membership fees, Event fees, late fees, and any other charges you incur.

You may switch to a different Payment Method or update your information by visiting your account settings. If your Payment Method fails or your account is past due, we may collect fees owed using other collection mechanisms, which may include charging other payment methods on file or retaining collection agencies or legal counsel.

If payment is not received or cannot be charged to your Payment Method for any reason, Flexmode reserves the right to either suspend or terminate your access to the Services or pursue collection of amounts due.

No refunds or credits will be provided by Flexmode, except as specifically set out in these Terms or as required by law.

Auto-Renewal

Your membership will renew automatically at the start of every billing period, based on the plan you chose, and will continue until your membership is canceled. Your membership will auto-renew unless canceled at least 24 hours before the end of the current period.

If you do not cancel before the auto-renewal date, you authorize Flexmode to charge your Payment Method for the renewal fee.

Cancellation

You can cancel your membership at any time through your account settings or by contacting customer support at contact@theflexmode.com. The cancellation of your membership will go into effect at the end of your current billing period. When your membership ends, you will no longer have access to Premium Features. You can resubscribe at the then-current pricing at any time.

Cancellation of your membership does not entitle you to a refund of any prepaid membership fees.

Cooling Off Period

If you reside in a jurisdiction that provides a statutory right to cancel within a certain period (such as the EU's 14-day cooling-off period), you may be entitled to a full refund within that period as required by local law.

Free Trials

We have the right to offer free trials of Premium Features whenever we want and however we choose. Unless otherwise stated, free trials cannot be combined with other offers and will last for the duration stated in the free trial offer.

If you begin your membership with a free trial, you will be billed for your membership fee at the end of the free trial, unless you cancel your membership at least 24 hours before the free trial ends.

When you register for a free trial, you may be required to provide a Payment Method and Flexmode may authorize a temporary charge to verify your Payment Method. Sometimes, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method if you cancel at least 24 hours before the end of your free trial period.

Chargebacks

If you initiate a chargeback or dispute a charge with your financial institution rather than contacting Flexmode to resolve the issue, Flexmode may immediately suspend or terminate your account. Flexmode reserves the right to dispute any chargeback and to recover costs associated with chargebacks, including legal fees and administrative costs.

4. Events and Experiences

Event Registration

When you register for a Flexmode Event or experience, you agree to:

Provide accurate information for yourself and any guests you register;
Pay all applicable Event fees at the time of registration;
Attend the Event in person if you have confirmed attendance, or notify Flexmode as soon as possible if you cannot attend;
Comply with all Event-specific rules, safety requirements, equipment requirements, and venue policies;
Respect other attendees, Event staff, volunteers, sponsors, and venue personnel and maintain conduct consistent with our Community Standards and Acceptable Use Policy;
Understand that Event capacity is limited and registration does not guarantee attendance if capacity is exceeded;
Arrive at the Event at the designated time and follow all instructions from Event organizers and staff;
Not participate in the Event if you are under the influence of alcohol or drugs, or if you have any medical condition that would make participation unsafe;
Provide proof of any required medical clearance, insurance, or other documentation as may be required for specific Events; and
Execute any additional waivers, releases, or agreements required by the Event venue, Event sponsors, or as mandated by the nature of the Event.

Event Cancellations and Changes

Flexmode reserves the right to cancel, postpone, modify, or relocate any Event or experience at any time due to weather, safety concerns, insufficient registration, venue issues, force majeure events, or other circumstances beyond our control or as determined in our sole discretion.

In the event of cancellation by Flexmode, registered attendees will receive either:

A full refund of Event fees (excluding any non-refundable processing fees); or
Credit toward future Events of equal or greater value, at Flexmode's discretion.

Flexmode will use commercially reasonable efforts to provide advance notice of cancellations or changes, but is not liable for any inability to provide such notice.

If you cancel your Event registration, refunds will be provided only in accordance with the specific cancellation policy disclosed at the time of registration. Absent a specific cancellation policy for an Event, Event fees are non-refundable.

Transfers and Substitutions

You may not transfer, sell, or assign your Event registration to another person without Flexmode's prior written consent. Unauthorized transfers may result in cancellation of the registration without refund.

Event Conduct and Safety

You agree to comply with the following at all Flexmode Events:

Prohibited Conduct:

Violence, threats, intimidation, or harassment of any kind;
Discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic;
Possession of weapons, illegal drugs, or other contraband;
Disruptive behavior that interferes with the Event or other participants' enjoyment;
Unauthorized commercial activity, solicitation, or ambush marketing;
Ignoring instructions from Event staff, venue personnel, or emergency responders; and
Any conduct that violates applicable law, venue rules, or these Terms.

Alcohol and Substance Policy:

You may not participate in Events while under the influence of alcohol or drugs (including marijuana, regardless of legal status in the jurisdiction).
Some Events may serve alcohol to participants over age 21. Consumption of alcohol at Events is at your own risk and subject to venue policies.
Flexmode reserves the right to refuse service or remove any participant who appears intoxicated or impaired.

Equipment and Safety Gear:

You are responsible for providing your own appropriate equipment and safety gear unless the Event description states otherwise.
All equipment must be in safe working condition.
Flexmode may require specific safety equipment (helmets, pads, proper footwear, etc.) for certain Events. Failure to have required equipment may result in denial of participation without refund.

Removal from Events:

Flexmode reserves the right to remove any participant from an Event for violating these Terms, engaging in unsafe conduct, or for any other reason in our sole discretion.
Participants removed from Events will not receive refunds and may be banned from future Events.

Assumption of Risk and Waiver of Liability

YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN SPORTS ACTIVITIES AND EVENTS INVOLVES INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, DISABILITY, AND DEATH. These risks include, but are not limited to:

Injuries from physical exertion, athletic movements, contact with other participants, contact with equipment or facilities, and environmental conditions;
Injuries caused by negligence of other participants, spectators, or third parties;
Injuries resulting from unsafe conditions, defective equipment, or inadequate safety measures;
Medical emergencies including heart attack, stroke, heat exhaustion, dehydration, and allergic reactions;
Exposure to communicable diseases including COVID-19 and other infectious diseases;
Injuries during travel to or from Events;
Weather-related hazards including extreme heat, cold, lightning, and severe weather; and
All other risks associated with the specific sport or activity, whether known or unknown.

BY REGISTERING FOR AND PARTICIPATING IN ANY EVENT, YOU VOLUNTARILY ASSUME ALL SUCH RISKS, EVEN IF SUCH RISKS ARISE FROM THE NEGLIGENCE OF FLEXMODE, EVENT ORGANIZERS, VENUE OWNERS, SPONSORS, OR OTHER RELEASED PARTIES (AS DEFINED IN SECTION 22).

You represent and warrant that:

You are physically fit and have no medical condition that would prevent safe participation in the Event;
You have consulted with a physician if you have any concerns about your ability to safely participate;
You will immediately discontinue participation and notify Event staff if you experience any pain, discomfort, or symptoms during the Event;
You possess adequate skill and experience for the activity level of the Event; and
You have obtained any necessary medical clearances for participation.

BY PARTICIPATING IN ANY EVENT, YOU AGREE TO RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE FLEXMODE AND THE OTHER RELEASED PARTIES (AS DEFINED IN SECTION 22) FROM ANY AND ALL LIABILITY FOR INJURIES, DAMAGES, OR LOSSES ARISING FROM YOUR PARTICIPATION, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW.

This waiver and release applies to claims for personal injury, death, property damage, emotional distress, loss of consortium, and any other damages or losses, whether known or unknown, foreseen or unforeseen.

You agree that this waiver and release is intended to be as broad and inclusive as permitted by Florida law, and that if any portion is held invalid, the remaining portions shall continue in full legal force and effect.

Medical Emergencies

In the event of a medical emergency during an Event:

You authorize Flexmode, Event staff, and emergency personnel to provide or arrange for emergency medical treatment, transportation to a medical facility, and any other emergency services deemed necessary.
You agree to be financially responsible for any costs associated with such emergency medical treatment and transportation.
You authorize Flexmode to contact emergency contacts listed in your account and to disclose relevant medical information to emergency personnel.
You acknowledge that Flexmode and Event staff are not medical professionals and that any first aid or assistance provided is not a substitute for professional medical care.

Insurance

You are required to maintain adequate health and medical insurance coverage that will cover injuries sustained while participating in Events. You agree that Flexmode has no obligation to provide insurance coverage for injuries you sustain.

Flexmode does not provide accident, health, or liability insurance for participants. Certain Events may require proof of additional insurance coverage, which will be specified in the Event description.

By participating in Events, you agree that your insurance will be primary and that you waive any right of subrogation your insurance carrier may have against Flexmode or other Released Parties.

5. Media Release and Publicity

Photography and Video at Events

Events may be photographed, filmed, or otherwise recorded by Flexmode, its designees, media partners, sponsors, or other participants. By attending an Event, you grant Flexmode and its designees an irrevocable, perpetual, worldwide, royalty-free license to use your name, image, likeness, voice, statements, and biographical information captured at the Event in any media format and for any purpose, including:

Promotional materials, advertisements, and marketing campaigns;
Social media posts and content;
Website and mobile application content;
Media coverage and press releases;
Sponsor activation and promotional use; and
Any other commercial or non-commercial purpose.

You waive any right to inspect or approve the finished product or any written copy that may be used in connection with such images or recordings.

You waive any right to royalties or other compensation arising from use of your image, likeness, or recordings.

If you do not wish to be photographed or filmed, you must notify Event staff in advance and remain in designated media-free zones (if available). However, Flexmode cannot guarantee that you will not be incidentally captured in photos or videos, and your attendance at the Event constitutes acceptance of this risk.

Restrictions on Participant Photography/Video

While you may take personal photos and videos at Events for personal use, you agree:

Not to use photos or videos from Events for commercial purposes without Flexmode's prior written consent;
Not to sell, license, or distribute photos or videos depicting Flexmode branding, Event signage, sponsor logos, or other proprietary elements;
Not to take photos or videos in restricted areas or of participants who have requested not to be photographed;
To respect other participants' privacy and obtain consent before posting identifying photos or videos to social media; and
That Flexmode may require you to cease photography or videography at any time for any reason.

6. Ownership of Content

In these Terms, "Content" means any content created, shared, posted, or made available in connection with the Services, such as text, images, videos, audio, event posts, activity updates, comments, reviews, or other data, whether posted or shared publicly, privately, or via a third-party API. You will remain the owner of intellectual property rights (such as copyright) in your Content.

You agree and confirm that:

You own all Content shared, posted or made available by you in connection with the Services, or that you have the legal right to use such Content;
Your sharing, posting, or use of Content does not violate, misappropriate, or infringe on any rights of a third party, including (without limitation) privacy rights, publicity rights, copyrights, trademarks, trade secrets, or other intellectual property rights;
You will be fully responsible for all royalties, fees, and any other obligations in connection with any Content you share, post, or use in connection with the Services; and
Your relationship with Flexmode is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Flexmode in a position that is any different from the position held by members of the general public, including with regard to your Content.

If you believe any Content available on the Services violates your intellectual property rights, please contact us at contact@theflexmode.com.

7. License to Use Your Content

To provide the Services, we need permission to use your Content. This permission is called a license.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any of your Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed, without compensation to you.

This includes permission to:

Use your profile name, profile photo, and information about your activities and Event participation in ads, offers, promotional materials, and other commercial contexts;
Show your Flexmode connections that you participated in specific Events or use certain products or services;
Display your Content in Event recaps, highlight reels, promotional videos, and marketing materials;
Share your Content with Event sponsors, media partners, and third-party platforms;
Aggregate and anonymize your data for analytics, research, and product development; and
Use your reviews, testimonials, and feedback in promotional materials.

We may use your Content as set out in our Privacy Policy.

Except for public posts to community forums, Events you have created, clubs you have formed, and photos/videos from Events, this license ends when your Content is deleted from Flexmode's systems. For public community posts, Events you have created, clubs you have formed, and Event-related photos and videos, the license will be perpetual (indefinite) in nature, and we may continue to store and use such information after your account is deleted.

You agree and confirm that you are able to give Flexmode any licenses, rights, or other permissions set out in these Terms.

8. Your Feedback

You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, "Feedback").

If you provide Feedback, you grant Flexmode a worldwide, non-exclusive, transferable, assignable, sublicensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, do not send Flexmode any Feedback if you do not want to give us the license set out in this section.

For the avoidance of any doubt, Feedback is not considered Content for the purposes of Section 7 (License to Use Your Content).

9. Responsibility for Content and Conduct

We want all of our users to enjoy their Flexmode experience in a safe and positive environment. For this reason, we have developed our Acceptable Use Policy and Community Standards, which form part of these Terms and are incorporated by reference.

You are fully responsible for Content which you post, upload, share, transmit or make available via the Services, including any illegal, defamatory, offensive, or inappropriate Content. Flexmode is not responsible for, and does not endorse or support, any Content posted by users. We do not guarantee any aspect of any Content, including its accuracy, completeness, usefulness, or quality. You accept all risks relating to use of the Services, including risks arising from reliance on the accuracy, completeness, usefulness, or quality of any Content.

You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable, inaccurate, misleading, or illegal. Flexmode does not pre-screen Content, but reserves the right to do so.

Flexmode may—consistent with relevant laws and these Terms—screen, monitor, hide, restrict, refuse, flag, or remove any Content that we determine violates these Terms, our Community Standards or Acceptable Use Policy, or is otherwise objectionable. If you believe any Content violates our policies, standards, or Terms, please report it to us at contact@theflexmode.com.

For information on the action we may take against Flexmode accounts that are found to be in violation of these Terms and our standards, and what to do if you believe action has been taken in error, please see our Community Standards.

Flexmode makes no representation that any Content or Services are appropriate or available for use in your location. Access to or use of any Content or Services from locations where access or use is illegal is prohibited, and you are responsible for compliance with all your local laws. You may not use or export Content or Services in violation of U.S. export laws and regulations or applicable international export regulations.

10. Community Standards and Acceptable Use

Zero-Tolerance Policy. Flexmode enforces a zero-tolerance policy for objectionable content and abusive users. Prohibited content includes, but is not limited to, harassment, hate speech, threats of violence, sexually explicit material, nudity, spam, impersonation, and any content that violates our Community Standards or Acceptable Use Policy. Users can flag objectionable content and block abusive users directly within the app. We review reports and take action within 24 hours, including removing offending content and permanently terminating accounts of users who post such content.

Your use of the Services is subject to our Community Standards and Acceptable Use Policy. Prohibited conduct includes, but is not limited to:

Prohibited Content:

Hate speech, harassment, threats, or incitement to violence;
Sexually explicit, pornographic, or obscene material;
Content depicting or promoting illegal activity;
Content that infringes intellectual property rights;
False, misleading, or fraudulent information;
Spam, unsolicited advertising, or commercial solicitation;
Malware, viruses, or other harmful code;
Private or confidential information of others without authorization; and
Content that violates any applicable law or regulation.

Prohibited Conduct:

Impersonating another person or entity;
Creating multiple accounts or fake accounts;
Manipulating the Services through automated means (bots, scrapers, etc.);
Circumventing security features or access controls;
Interfering with other users' enjoyment of the Services;
Harassing, stalking, or threatening other users;
Using the Services for illegal purposes; and
Any conduct that violates these Terms or applicable law.

Violation of our Community Standards or Acceptable Use Policy may result in:

Warning or notice of violation;
Temporary suspension of account or specific features;
Permanent termination of account;
Removal from Events and forfeiture of fees;
Reporting to law enforcement if appropriate; and
Legal action to recover damages or obtain injunctive relief.

11. Responsible Use of Location Features

You accept all safety, security, and other risks associated with the use of any Flexmode or third-party geolocation features, tools, and technology, including when sharing your location at Events, posting about locations through the Services, or using map-based features.

These risks may be greater depending on your circumstances, including if you work in a sensitive job, have privacy or security concerns, or are in a location where disclosure of your whereabouts could create risks.

To the maximum extent permitted by law, Flexmode is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws.

You understand that sharing your location information may enable others (including strangers) to identify your patterns, routines, home address, workplace, and other sensitive information. Exercise caution when sharing location information.

Nothing in this section limits or takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.

12. Privacy Controls

Your Content will not be subject to any obligation of privacy or confidence on the part of Flexmode, except as set out in our Privacy Policy and your chosen privacy controls, and Flexmode will not be liable for any use or disclosure of any Content you provide.

Content is public by default when you sign up for the Services. Our privacy controls allow you to mark certain Content as private or available only to a limited group of Flexmode users (such as your connections or specific clubs).

You are responsible for the public nature of your Content if you do not choose to mark your Content as private or available for a limited group of users, or if you later change your choice to make such Content public.

We encourage you to review your privacy settings regularly and to be mindful of what information you share publicly.

13. Data Protection and Privacy

Flexmode collects, uses, stores, and shares your personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you consent to the collection and use of your information as set forth in the Privacy Policy.

California Residents: If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), as described in our Privacy Policy.

Cross-Border Data Transfers: Your information may be transferred to, stored, and processed in the United States and other countries where Flexmode or its service providers operate. By using the Services, you consent to such transfers.

Data Retention: We retain your information for as long as your account is active or as needed to provide Services, comply with legal obligations, resolve disputes, and enforce our agreements.

14. Personalized Experience

Personalization is a core part of our Services. We will personalize your Services to provide you with a unique user experience. We do this based on data relating to you, your use of the Services, and information about users similar to you.

For example, we may use information like your sport preferences, your location, who you follow, who follows you, your clubs, your engagement with Content and other users, Events you've attended or registered for, and other data. We may use this information to decide, for example, what to show in your feed, which Events and clubs to recommend, and who to follow.

You can adjust certain personalization preferences in your account settings.

15. Personal Use

The Services are for your personal, non-commercial use only. You may not charge any person for any part of the Services, use of the Services, or access to Content. Unless Flexmode agrees otherwise in writing, you cannot use the Services for business-related purposes, including:

Operating competing services or events;
Commercial data mining or scraping;
Bulk registration of users or Events;
Reselling Event tickets or registrations; or
Any other commercial exploitation of the Services.

16. Third-Party Products and Services

To use some features of the Services, you may decide to purchase third-party products or services, such as GPS devices, fitness equipment, wearables, or training services. Even if Flexmode recommends a third-party supplier, product, or service to you, we will have no responsibility for anything relating to your purchase or use of the third-party product or service, and we do not guarantee that any third-party product or service will work with the Services or be error-free.

Through the Services, either Flexmode or third parties may provide links or advertisements to third-party internet sites or resources. Flexmode does not endorse and is not responsible for any Content, information, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Flexmode is not responsible for the availability of such external sites or resources.

The Services may display products and services sponsored, shown, or offered by third parties, including Event sponsors. If you decide to deal with a third party or explore or purchase any of their products or services, you are dealing and contracting directly with that third party, and not with Flexmode. Flexmode is not a party to any terms between you and the third party.

YOU AGREE THAT FLEXMODE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTIES AVAILABLE VIA THE SERVICES, INCLUDING EVENT SPONSORS, VENDORS, VENUE OPERATORS, OR OTHER THIRD PARTIES.

17. Sponsor Relationships

Flexmode may partner with sponsors to provide Events, experiences, and other benefits to Members. By participating in sponsored Events or activities, you may be exposed to sponsor branding, messaging, product samples, and other marketing materials.

You agree not to:

Engage in ambush marketing or unauthorized commercial activity at Events;
Cover, obscure, or remove sponsor branding or signage;
Wear or display branding from competitors of Event sponsors in a manner intended to gain commercial exposure;
Interfere with sponsor activation or promotional activities; or
Make disparaging or false statements about sponsors.

Sponsors are third parties, and Flexmode is not responsible for sponsor products, services, or conduct. Your interactions with sponsors are governed by the sponsors' own terms and policies.

18. Communications

The Services provide the ability to communicate with others, including other users, Event organizers, clubs, sponsors, and Flexmode. You agree and confirm:

You have the right to communicate with your contacts via the Services and you are fully responsible for any charges to use or communicate via the Services;
To use available communication methods consistent with these Terms, our Acceptable Use Policy, and for purposes relevant to the Services;
Your communications will be considered your Content and will be governed by these Terms and relevant laws;
Depending on your account settings and method of communication, communications may be public;
Communications with third parties, including sponsors or others, are not endorsed, sponsored or approved by Flexmode (unless specially stated otherwise by us);
Flexmode may pre-review, post-review, screen, archive, or otherwise monitor communications consistent with and to the extent permitted by law, including reviewing direct message chat history and content when a user has been reported to us or when we have reason to believe Terms violations have occurred;
All notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing; and
You consent to receive electronic communications from Flexmode, including emails, texts, mobile push notifications, and notices posted on the Services, regarding your account, Events, promotions, and other matters related to the Services.

You may opt out of certain promotional communications as described in our Privacy Policy, but you cannot opt out of transactional or administrative communications related to your account or Event registrations.

19. Other Flexmode Users

The Services are a place to connect users through sports, Events, and curated experiences. Flexmode is a neutral party to any interactions between users, and we are not responsible for these interactions or any information shared between users. We have no responsibility to confirm the identity of our users or any other information about them, such as athletic abilities, qualifications, backgrounds, criminal history, or fitness level.

You must always use common sense and good judgment when dealing with any other Flexmode users, including:

Meeting in public places for safety;
Not sharing sensitive personal information;
Reporting suspicious or inappropriate conduct;
Verifying information independently before relying on it; and
Recognizing that Flexmode does not conduct background checks on users.

Flexmode does not guarantee the safety, skill level, or conduct of other users. You participate in activities with other users at your own risk.

20. Clubs and Community Groups

Flexmode offers the ability to create clubs and community groups to organize around shared sports interests, locations, or other affinities. We have the right to remove or transfer ownership of clubs, remove a club's Content, or remove a club from the Flexmode platform at any time, including for violations of these Terms, inactivity, or at our discretion.

If you create or administer a club on Flexmode, you are responsible for ensuring that your club:

Complies with these Terms, our Acceptable Use Policy, and Community Standards;
Does not claim, suggest an affiliation with, or impersonate Flexmode by using Flexmode's intellectual property or in any other way without our express written permission;
Has the right to use or post all club-related Content, whether third-party or other Content, including rights to use names, logos, copyrights, trademarks, or other intellectual property;
Does not use the club to advertise or promote any contests, sweepstakes, or other promotions in any way that we deem to be inappropriate or that violate applicable laws;
Does not engage in discrimination or exclude members based on protected characteristics except as permitted by law (e.g., single-gender sports clubs);
Maintains a safe and welcoming environment for members;
Does not organize Events or activities that violate these Terms or applicable laws; and
Provides accurate information about club activities, membership requirements, and any fees.

Club administrators have additional responsibilities and may be held liable for violations of these Terms by their clubs or club members to the extent they had knowledge of or facilitated such violations.

21. Your Contacts

If you choose to use some features of our Services, like inviting your contacts to join Flexmode, notifying contacts about your Event participation, or sharing your Flexmode-related information with others, we may require you to provide the contact information of third parties. We will process this information as laid out in the Privacy Policy.

You confirm that you are authorized to provide us with any contact information and that you have obtained any necessary consents to share such information with Flexmode. Flexmode will not be responsible if any third party contact information is provided without authority or against these Terms.

22. DISCLAIMER OF WARRANTIES

THE SERVICES, EVENTS, AND ANY CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FLEXMODE AND ITS SUBSIDIARIES, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, EVENT ORGANIZERS, VENUE OPERATORS, SPONSORS, AND OTHER THIRD PARTIES ASSOCIATED WITH THE SERVICES OR EVENTS (COLLECTIVELY, "RELEASED PARTIES") HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES, EVENTS, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE RELEASED PARTIES MAKE NO WARRANTY THAT:

(A) THE SERVICES, EVENTS, OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY CONTENT WILL BE ACCURATE OR RELIABLE;

(C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;

(D) ANY EVENTS WILL OCCUR AS SCHEDULED OR BE CONDUCTED IN A SAFE MANNER;

(E) ANY DEFECTS IN THE SERVICES OR EVENTS WILL BE CORRECTED; OR

(F) THE SERVICES OR SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ANY ATHLETIC ACTIVITIES, EVENTS, OR PHYSICAL ACTIVITIES DONE PURSUANT TO OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION, PARTICIPATION IN ANY SPORTING EVENT, TRAINING ACTIVITY, OR GROUP ACTIVITY) IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM.

YOU EXPRESSLY AGREE THAT ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, ACTIVITY DATA, PERFORMANCE METRICS, TRAINING PLANS, COACHING ADVICE, NUTRITIONAL INFORMATION, AND EVENT INFORMATION) SHARED VIA THE SERVICES OR ANY CONTENT, WHETHER PROVIDED BY FLEXMODE OR BY OTHER USERS OR THIRD PARTIES, IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS MEDICAL, HEALTH, FITNESS, OR PROFESSIONAL ADVICE OF ANY NATURE.

SUCH INFORMATION SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR (B) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF THE SERVICES OR ANY CONTENT, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

YOU EXPRESSLY AGREE THAT FLEXMODE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, EVENT, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES OR IS ORGANIZED, FACILITATED, OR PROMOTED THROUGH THE SERVICES.

FLEXMODE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY OF ANY EVENT, THE QUALIFICATIONS OR CONDUCT OF EVENT ORGANIZERS, VENUE CONDITIONS, EQUIPMENT SAFETY, OR THE SKILL LEVEL OR CONDUCT OF OTHER PARTICIPANTS.

23. LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING FLORIDA STATUTE § 768.075 AND OTHER APPLICABLE FLORIDA STATUTES REGARDING LIMITATION OF LIABILITY FOR INHERENTLY DANGEROUS RECREATIONAL ACTIVITIES, YOU EXPRESSLY AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES, PARTICIPATION IN EVENTS, AND/OR USE OF THE SERVICES AND ANY CONTENT, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE OR PARTICIPATION.

THIS RELEASE INCLUDES, WITHOUT LIMITATION, CLAIMS FOR:

PERSONAL INJURY, BODILY INJURY, DISABILITY, OR DEATH;
PROPERTY DAMAGE OR LOSS;
EMOTIONAL DISTRESS OR PSYCHOLOGICAL INJURY;
LOSS OF CONSORTIUM;
ECONOMIC LOSSES;
EXPOSURE TO COMMUNICABLE DISEASES INCLUDING COVID-19;
NEGLIGENCE OF THE RELEASED PARTIES;
NEGLIGENCE OF OTHER PARTICIPANTS OR THIRD PARTIES;
DEFECTIVE OR DANGEROUS CONDITIONS OF VENUES OR EQUIPMENT;
INADEQUATE SAFETY MEASURES, WARNINGS, OR INSTRUCTIONS;
FAILURE TO PROVIDE ADEQUATE MEDICAL ASSISTANCE;
ERRORS IN EVENT ORGANIZATION OR ADMINISTRATION; AND
ANY OTHER CLAIMS ARISING FROM YOUR PARTICIPATION IN EVENTS OR USE OF THE SERVICES.

YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

YOUR USE OR MISUSE OF THE SERVICES;
YOUR PARTICIPATION IN ANY EVENT OR ATHLETIC ACTIVITY;
THE CONTENT PROVIDED THROUGH THE SERVICES;
ANY THIRD-PARTY PRODUCT, SERVICE, GOOD, OR APPLICATION;
CANCELLATION, POSTPONEMENT, OR MODIFICATION OF ANY EVENT;
CONDUCT OF OTHER USERS OR THIRD PARTIES;
ERRORS, OMISSIONS, OR INACCURACIES IN CONTENT OR EVENT INFORMATION;
UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR PERSONAL INFORMATION;
INTERRUPTION OR CESSATION OF THE SERVICES; OR
ANY OTHER MATTER RELATING TO THE SERVICES OR THESE TERMS,

REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

FLEXMODE'S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) ONE HUNDRED DOLLARS ($100), OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO FLEXMODE IN THE 12-MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM AROSE.

This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

FLORIDA LAW: This release and limitation of liability is intended to comply with and be construed in accordance with Florida law, including Florida Statute § 768.075 regarding inherent risks and liability for injury or death in specified sporting activities. To the extent any provision of this release or limitation of liability is found unenforceable under Florida law, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the intent of the parties.

24. Indemnity

You agree to indemnify, defend, and hold harmless Flexmode and its subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

Content you submit, post, transmit, or otherwise make available through the Services;
Your use or misuse of the Services;
Your participation in athletic activities, sporting Events, or group activities facilitated through or in connection with the Services, including any injuries you cause to other participants or third parties;
Your conduct at Events or in connection with the Services;
Your connection to the Services;
Your violation of these Terms or other applicable laws, rules, or regulations;
Your violation of any data protection, privacy, or consumer protection laws;
Your violation of any rights of another person or entity, including intellectual property rights, privacy rights, publicity rights, or other proprietary rights;
Any false, misleading, or inaccurate information you provide;
Your breach of any representation or warranty contained in these Terms;
Claims by other users or third parties arising from your conduct; or
Any negligent or intentional acts or omissions by you.

This indemnification obligation will survive termination of your account and these Terms, and will apply to the fullest extent permitted by the laws of your jurisdiction.

Flexmode reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Flexmode in asserting any available defenses.

25. Proprietary Rights

You acknowledge and agree that the Services, any software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by relevant intellectual property and other laws, including copyright, trademark, patent, trade secret, and other proprietary rights. This information may belong to Flexmode or third parties.

Unless expressly allowed by relevant law or authorized by Flexmode or the relevant third party in writing, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the software, or Content available on the Services (other than Content that you submit), in whole or in part.

Flexmode grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services for your personal, non-commercial use; provided that you do not (and do not allow any third party to):

Copy, modify, display, perform, reproduce, transmit, or create a derivative work from the Services;
Reverse engineer, reverse assemble, decompile, or otherwise attempt to discover any source code or underlying algorithms of the Services;
Sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or aspect of the Services;
Access the Services by any means other than through the interfaces that are provided by Flexmode;
Access any data on the Services that you are not expressly authorized to access;
Use automated means (including robots, scrapers, scripts, bots, spiders, crawlers, or similar data-gathering tools or software) to access, collect, or extract data from the Services, whether or not you are logged into a Flexmode account;
Interfere with or disrupt the Services or servers or networks connected to the Services;
Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services;
Frame or mirror any part of the Services without Flexmode's prior written authorization;
Use any meta tags or other hidden text utilizing Flexmode's name or trademarks; or
Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for personal use only, provided that any link you create does not portray Flexmode or the Services in a false, misleading, derogatory, or defamatory manner. The site where you place the link may not contain any pornographic, illegal, offensive, harassing, or other material which we decide is objectionable.

Trademarks: The term FLEXMODE, the Flexmode logo, "Move. Connect. Belong." and any other Flexmode slogans, the look and feel of the Services, and all other Flexmode logos and product- and service-names are the exclusive trademarks of, and are owned by, Flexmode, and you may not use or display such trademarks in any way without Flexmode's prior written permission. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Flexmode.

Flexmode reserves all rights not expressly granted in these Terms. We may immediately withdraw any licenses, rights, or permissions given to you in these Terms at any time, whether generally or in a specific case, with or without notice and without having to give any reasons.

26. Force Majeure

Flexmode shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to:

Acts of God, natural disasters, earthquakes, hurricanes, floods, fires, or severe weather;
War, terrorism, civil unrest, riots, or insurrection;
Epidemic, pandemic, or other public health emergency (including COVID-19 or similar diseases);
Government orders, laws, regulations, or restrictions;
Labor disputes, strikes, or lockouts;
Failure of third-party venues, suppliers, or service providers;
Failure of telecommunications or internet infrastructure;
Power outages or utility failures;
Cyberattacks, hacking, or denial of service attacks;
Any other circumstances beyond Flexmode's reasonable control.

In the event of a force majeure event, Flexmode may cancel, postpone, or modify Events as set forth in Section 4, and shall have no liability for such cancellation, postponement, or modification beyond the refund or credit provisions set forth in these Terms.

27. Beta Features

Flexmode may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use features before general release ("Beta Features"). Beta Features are provided on an "as is" and "as available" basis and may not be supported. Beta Features may:

Contain errors, design flaws, security vulnerabilities, or other problems;
Not operate correctly or as intended;
Require updates to your version of the Services;
Be changed or removed at any time without notice;
Result in loss of data or functionality; and
Not be suitable for production use.

Use of Beta Features is entirely at your own risk and you understand that they may contain bugs or issues. The "Your Feedback" section of these Terms (Section 8) applies to any feedback you provide related to Beta Features.

By participating in any beta program, you agree to provide Flexmode with feedback about Beta Features and to keep confidential any information about Beta Features that is not publicly available.

28. Other Users and Third Parties

No Background Checks

Flexmode does not conduct criminal background checks on users. Interaction with other users and participation in activities with other users is at your sole risk. Flexmode is not responsible for the conduct of any user or third party, whether online or offline.

User Disputes

You are solely responsible for your interactions with other users. Flexmode reserves the right, but has no obligation, to monitor disputes between you and other users. If you have a dispute with one or more users, you release Flexmode and the other Released Parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

29. Dispute Resolution

Informal Resolution

Before filing any formal legal action, you agree to first contact Flexmode to attempt to resolve the dispute informally. You may contact us at contact@theflexmode.com with a description of your dispute. We will attempt to resolve the dispute informally within 60 days.

Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes relating to Flexmode's intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), disputes relating to the enforceability of this arbitration provision, or if you opt out of this agreement to arbitrate as set forth below, all claims, disputes, or controversies arising out of or relating to these Terms, your use of the Services, or your relationship with Flexmode (collectively, "Claims") will be finally settled by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Streamlined Arbitration Rules and Procedures for consumer-related disputes, as modified by this agreement to arbitrate.

The arbitration will be conducted in Miami-Dade County, Florida, or at another mutually agreed location, or by telephone or videoconference if the parties agree. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration.

The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.

The arbitrator's decision and award will be in writing and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees: JAMS sets forth fees for its services. If your claim is for $10,000 or less, Flexmode will pay all JAMS filing, administration, and arbitrator fees, provided your claim is not frivolous (as determined by applicable law or the JAMS Rules). If your claim exceeds $10,000, the payment of fees will be governed by the JAMS Rules. If Flexmode prevails in the arbitration and the arbitrator finds that your claim was frivolous, you agree to reimburse Flexmode for any fees paid on your behalf.

No Class Actions or Representative Proceedings: YOU AND FLEXMODE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Flexmode agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or consolidated proceeding.

If a court determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and shall proceed in court, while any remaining claims or requests for relief shall be arbitrated.

Batch Arbitration: If 15 or more similar claims are asserted against Flexmode by the same or coordinated counsel or entities, you agree that these claims may be resolved in batches of up to 20 individual arbitrations at a time. Each side may select up to 10 claims per batch to be filed and resolved. No other claims may be filed or prosecuted until the first batch is resolved. This process will continue until all claims are resolved. A court has exclusive authority to enforce this paragraph.

Exception—Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies for small claims court and remains in small claims court.

Exception—Injunctive Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class-action waiver provisions set forth in this Section 30. To opt out, you must send written notice of your decision to opt out to:

Flexmode Florida, LLC
Attn: Legal Department (Arbitration Opt-Out)
80 SW 8th ST
Miami, 33130, USA
Email: contact@theflexmode.com

The opt-out notice must be postmarked or sent electronically no later than 30 days after the date you first accept these Terms (i.e., when you first create an account or use the Services). The notice must include your name, address, email address associated with your Flexmode account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of the arbitration agreement, Flexmode will also not be bound by it, but all other parts of these Terms will continue to apply.

Opting out of this arbitration provision will not affect your ability to use the Services.

Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND FLEXMODE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Flexmode are instead electing that all Claims shall be resolved by arbitration under this agreement to arbitrate, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Flexmode, these Terms, or the Services must be filed within one (1) year after such claim arose; otherwise, your claim will be permanently barred. The one-year period begins to run when you first knew or should have known of the events giving rise to the claim.

Severability

If any part of this Section 30 (Dispute Resolution) is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this entire Section 30 will be unenforceable in its entirety. If the class-action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (but the rest of these Terms will remain in effect).

30. Choice of Law and Venue

These Terms and any action or legal proceeding arising out of or related to these Terms, your use of the Services, Events, or your relationship with Flexmode will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Subject to the arbitration provisions in Section 30, you agree that any legal action or proceeding between you and Flexmode shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida. You irrevocably consent and submit to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue in such courts.

31. Termination

Termination by You

You may terminate your account at any time by visiting your account settings or by contacting customer support at contact@theflexmode.com. Upon termination by you:

Your account will be deactivated and you will lose access to the Services;
You will not be entitled to any refund of prepaid membership fees;
You will remain liable for any unpaid fees or charges;

Termination by Flexmode

Flexmode may, at its sole discretion and without prior notice, suspend or terminate your account and/or access to the Services for any reason, including but not limited to:

Breach or violation of these Terms or other incorporated agreements, policies, or guidelines;
Conduct that Flexmode believes is harmful to other users, third parties, or Flexmode's business interests;
Requests by law enforcement or other government agencies;
Discontinuance or material modification to the Services;
Unexpected technical or security issues or problems;
Extended periods of inactivity (6 months or more);
Nonpayment of any fees owed by you in connection with the Services;
Fraudulent or illegal activity;
Repeated violations of Community Standards or Acceptable Use Policy;
Creating multiple accounts or fake accounts;
Engaging in conduct that violates applicable laws; or
Any other reason in Flexmode's sole discretion.

Termination of your account may include:

Removal of access to all offerings within the Services;
Deletion of your information, files, and Content associated with your account (except as required by law or as set forth in our Privacy Policy);
Forfeiture of any prepaid fees, Event registrations, or membership benefits;
Barring your further use of the Services; and
Removal from Events without refund.

Flexmode is not liable to you or any third party for any termination of your account or access to the Services.

Effect of Termination

Upon termination of your account for any reason:

All licenses granted to you in these Terms will immediately terminate;
You must cease all use of the Services;
Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability;
Flexmode's license to your Content will continue as set forth in Section 7 for Content that is perpetually licensed (public posts, Event content, etc.); and
You will remain liable for all obligations incurred prior to termination.

32. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy, Community Standards, Acceptable Use Policy, and any other policies or agreements incorporated by reference, constitute the entire agreement between you and Flexmode with respect to your use of the Services and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written.

Severability

If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. If a provision cannot be modified to make it enforceable, it will be severed from these Terms, and the remaining provisions will continue in effect.

No Waiver

The failure of Flexmode to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Flexmode.

Assignment

You may not assign, delegate, or otherwise transfer your account, your rights, or your obligations under these Terms without the prior written consent of Flexmode, and any unauthorized assignment will be void. Flexmode has the right to freely transfer, assign, delegate, or sublicense its rights and obligations under these Terms without restriction.

These Terms will bind and inure to the benefit of the parties' permitted successors and assigns.

Notices

Flexmode may provide notices to you via email to the email address associated with your account, by posting on the Services, through in-app notifications, or by other reasonable means. You are responsible for keeping your email address current. Notices sent by email will be deemed given when sent to the email address on file.

You may provide notice to Flexmode at the following address:

Flexmode Florida, LLC
Attn: Legal Department
80 SW 8th ST
Miami, 33130, USA
Email: contact@theflexmode.com

Relationship of the Parties

You and Flexmode are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Flexmode.

Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights except as expressly stated herein. Notwithstanding the foregoing, the Released Parties (as defined in Section 22) are intended third-party beneficiaries of the release, waiver, and limitation of liability provisions in Sections 22 and 23, and may enforce those provisions directly against you.

Force Majeure (General)

In addition to Section 26 (Force Majeure as it relates to Events), Flexmode shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Flexmode's reasonable control.

Interpretation

Headings are for convenience only and do not affect interpretation. The words "include," "includes," and "including" will be deemed to be followed by "without limitation." The use of "or" is not exclusive unless the context clearly requires otherwise.

Modifications to These Terms

Flexmode reserves the right to update, modify, or replace these Terms at any time and for any reason in its sole discretion. We will provide notice of material changes to these Terms by:

Posting the updated Terms on the Services with a new "Effective Date";
Sending an email to the address associated with your account at least 30 days before the changes take effect (for material changes); and/or
Presenting an in-app notification or requiring acknowledgment of the new Terms upon your next login.

By continuing to access or use the Services after the effective date of updated Terms, you agree to be bound by the modified Terms. If you do not agree to the updated Terms, you must stop using the Services and may terminate your account.

It is your responsibility to review these Terms periodically. Material changes will take effect 30 days after notice is provided, except for changes required by law, which may take effect immediately.

Modifications to the Services

Flexmode reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part of the Services, with or without notice and with or without liability to you. You agree that Flexmode will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Language

These Terms are prepared and executed in the English language. Any translation of these Terms into any other language is for convenience only, and the English version shall control in the event of any conflict or inconsistency.

Contact Information

For questions regarding the Services or these Terms, please contact us at:

Flexmode Florida, LLC
80 SW 8th ST
Miami, 33130, USA
Email: contact@theflexmode.com
Phone: +1 (561) 240-6024

33. Apple App Store Additional Terms

The following additional terms and conditions apply to you if you access or download the Flexmode mobile application (the "App") through the Apple App Store. These terms are in addition to all other terms in these Terms of Service and, to the extent of any conflict with other provisions of these Terms regarding the App obtained through the Apple App Store, these Apple App Store Additional Terms shall control.

Acknowledgement

You and Flexmode acknowledge that these Terms are concluded between you and Flexmode only, and not with Apple Inc. ("Apple"). Flexmode, not Apple, is solely responsible for the App and its content. These Terms may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms.

Scope of License

The license granted to you for the App is limited to a non-transferable, non-exclusive, revocable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

Maintenance and Support

Flexmode is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and Flexmode acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. For support inquiries, please contact Flexmode at contact@theflexmode.com.

Warranty

Flexmode is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 22 of these Terms (Disclaimer of Warranties). In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Flexmode's sole responsibility.

Product Claims

You and Flexmode acknowledge that Flexmode, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit Flexmode's liability to you beyond what is permitted by applicable law.

Intellectual Property Claims

You and Flexmode acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Flexmode, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You agree to promptly notify Flexmode of any such claim of which you become aware.

Third-Party Beneficiary

You and Flexmode acknowledge and agree that Apple, and Apple's subsidiaries, are intended third-party beneficiaries of these Terms as they relate to your use of the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

In-App Purchases and Subscriptions

If you purchase a subscription or other Premium Features through the App via the Apple App Store (an "In-App Purchase"), the following terms apply:

(a) Payment. Payment for In-App Purchases will be charged to your Apple Account at confirmation of purchase. All In-App Purchases are processed and managed by Apple through your Apple Account, not directly by Flexmode.

(b) Auto-Renewal. Subscriptions purchased through the Apple App Store will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current subscription period. Your Apple Account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your Apple Account settings after purchase.

(c) Free Trials. If Flexmode offers a free trial period for a subscription purchased through the Apple App Store, any unused portion of the free trial will be forfeited when you purchase a subscription, where applicable.

(d) Refunds. Refunds for In-App Purchases made through the Apple App Store are handled by Apple in accordance with Apple's refund policies. To request a refund for an In-App Purchase, please contact Apple Support directly at https://reportaproblem.apple.com. Flexmode does not have the ability to process refunds for purchases made through the Apple App Store. For the avoidance of doubt, the refund and cancellation provisions in Section 3 of these Terms (Fees and Payment) apply only to purchases made directly through Flexmode outside of the Apple App Store.

(e) Price Changes. Flexmode may change subscription prices at any time. For subscriptions purchased through the Apple App Store, Apple will notify you of any price changes in accordance with Apple's policies, and you will have the opportunity to accept or decline the new price. If you decline, your subscription may not renew at the end of the current period.

(f) No Chargebacks through Apple. The chargeback provisions in Section 3 of these Terms do not apply to purchases made through the Apple App Store. Disputes regarding In-App Purchases should be directed to Apple.

Contact Information (Apple App Store)

If you have any questions, complaints, or claims with respect to the App, please contact:

Flexmode Florida, LLC
80 SW 8th ST
Miami, 33130, USA
Email: contact@theflexmode.com
Phone: +1 (561) 240-6024

BY CREATING AN ACCOUNT, REGISTERING FOR EVENTS, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.