FlexWaiver Terms of Service

1. Acceptance of Terms and Eligibility

• Legal Authority: By accepting these Terms, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. You may not use the Service if you are barred from receiving services under the laws of the United States or other applicable jurisdiction.
• Clients and Participants: Our Service primarily serves business clients who create and manage digital waiver forms. Those businesses may invite individuals ("Participants") to sign waivers via FlexWaiver. If you are a Participant using FlexWaiver to sign a waiver, note that the waiver is an agreement between you and the business or organization that provided it, not with FlexWaiver. FlexWaiver's role is only to provide the technical platform to facilitate your electronic signature and record storage. Participants are nonetheless bound by certain applicable sections of these Terms when using our Service (such as acceptable use rules). Minors (under 18) are not permitted to use the Service to sign waivers unless a parent or legal guardian is supervising and providing any necessary consent, and minors are not allowed to create accounts or act as Clients on the Service.
• Acceptance: You accept these Terms by actually using the Service or by clicking an "I Agree" or similar button when this option is provided. If you do not agree with these Terms, do not use or access the Service. If you are reading these Terms on behalf of a Client organization and do not agree, you must discontinue account registration or usage. Use of the Service indicates ongoing acceptance of these Terms, including any changes as described below.
• Updates to Terms: FlexWaiver may revise or update these Terms periodically. We will notify Clients of material changes (for example, via email or in-app notification) and update the "Last Updated" date above. The latest version will always be available on our website. By continuing to use the Service after changes become effective, you agree to the revised Terms. If a change is unacceptable to you, you may stop using the Service and, if applicable, cancel your account.

2. Description of Service

FlexWaiver provides a cloud-based platform for creating, signing, and storing digital liability waivers and similar documents. Key features of the Service include an online waiver form builder, tools to collect electronic signatures (via web links, QR codes, kiosks, etc.), secure storage of signed waiver records, administrative dashboards to search and export records, and integration options with other systems. FlexWaiver is not a law firm or insurance provider; we do not guarantee the legal sufficiency of any waiver text. Clients are responsible for the content of their waiver agreements (see User Responsibilities below). FlexWaiver simply facilitates the electronic execution and safekeeping of those agreements.

While we strive for high availability and data integrity, the Service may occasionally be modified, updated, or interrupted. We reserve the right to change or discontinue any part of the Service, temporarily or permanently, with or without notice, without liability to you. We will endeavor to provide advance notice for major changes when feasible. The Service requires a compatible device, Internet access, and up-to-date software; performance may vary with your hardware or network conditions. High-speed Internet is recommended for optimal use.

3. Account Registration and Security

• Account Creation: To use FlexWaiver as a Client, you must create an account by providing accurate, complete information, including your business name, a valid email address, and a secure password. You agree to keep your account information up to date. You are responsible for all activities that occur under your account. Do not share your login credentials with unauthorized persons. If you suspect any unauthorized use of your account, notify us immediately. FlexWaiver is not liable for any loss or damage arising from your failure to safeguard your account access.
• Account Types: A standard account is intended for a single business entity. You may add authorized team members to your account (if your subscription plan permits multi-user access), but each must abide by these Terms. You shall ensure that all users under your account (e.g. employees or contractors) are aware of and comply with these Terms and your obligations.
• Account Security: You are responsible for maintaining the confidentiality of your password and implementing appropriate security measures (such as using two-factor authentication if available). We implement our own security measures to protect your data (as outlined in our Privacy Policy), but you must also take precautions. FlexWaiver will not be responsible for any losses due to stolen or hacked passwords caused by your negligence. We reserve the right to suspend or terminate accounts that we suspect are involved in security breaches or fraudulent activity.
• Multiple Accounts and Free Trials: You may not create multiple free trial accounts to circumvent usage limits or fees. Free-tier accounts are subject to any limitations described (e.g., number of waivers per month) and we may suspend or terminate free accounts that are inactive or exceed fair use, with notice to you.

4. Fees, Payments, and Subscription Terms

Certain features of the Service are offered on paid subscription plans (e.g., monthly quotas for waiver usage). By selecting a paid plan, you agree to pay the subscription fees and any applicable taxes on a scheduled basis (e.g., monthly or annually).

• Billing: Fees are outlined on our website or order form and are subject to change with prior notice. When you subscribe, you must provide current, valid payment information (e.g., credit card or other accepted payment method). Our payment processor (a third-party) will charge your payment method for the recurring subscription amount. All fees are in U.S. Dollars unless stated otherwise. If a payment fails or an account is past due, we reserve the right to suspend access to the Service until payment is received.
• Free Trial and Free Plan: FlexWaiver may offer a free-forever plan with limited usage, or a time-limited free trial for higher plans. These are provided at our discretion, and we may modify or terminate free offerings at any time. After a trial ends, if you do not upgrade to a paid plan, your account may revert to a free plan (with limited features or capacity) or be suspended. We will attempt to notify you, allowing you to decide whether to continue with a paid plan.
• Changes in Fees: We may adjust subscription fees from time to time. In the event of a fee increase, we will notify paying Clients in advance (normally via email and/or in-service notification), allowing you to cancel if you do not agree to the new fees. Continuing to use the Service after the price change goes into effect constitutes consent to the new price.
• Refunds: Except as required by law or explicitly provided otherwise, fees (including pre-paid amounts) are non-refundable. For example, if you cancel in the middle of a billing period, the cancellation will take effect at the next renewal and you will not receive a pro-rated refund for the remaining period. In the case of a Service malfunction or serious issue attributable to us, we may, at our discretion, offer account credits or refunds.
• Taxes: Subscription fees do not include any applicable taxes. You are responsible for any sales, use, value-added, or similar taxes imposed by governmental authorities on the transactions under these Terms, except for taxes based on our income. If we have the legal obligation to pay or collect taxes for which you are responsible, we will add that amount to your billing unless you provide a valid tax exemption certificate.

5. User Responsibilities and Acceptable Use

By using FlexWaiver, you agree to the following responsibilities:

• Lawful Use and Compliance: You will use the Service in compliance with all applicable laws and regulations. This includes (but is not limited to) privacy laws, data protection laws, anti-spam laws, and electronic signature laws (such as the U.S. ESIGN Act and UETA). You are responsible for ensuring that your waiver content and signing process meet the legal requirements for enforceability in your jurisdiction (for example, obtaining any required consent for minors, or specific wording required by local law). FlexWaiver provides tools but does not guarantee that any given waiver will be deemed legally sufficient or enforceable. Consult with legal counsel as needed.
• Waiver Content: You are solely responsible for the content of the waiver or form you create using our Service (including any text, questions, images, or logos you include). You represent and warrant that you have all necessary rights to use and collect information via that content. FlexWaiver is not responsible for reviewing the substance of your waivers, nor for any claims arising from the content (e.g., if your waiver is challenged or found invalid). Ensure that your waiver templates and the workflows you implement comply with all applicable laws and industry standards. For example, if you are in a regulated industry (such as healthcare, education, or financial services) or collecting sensitive information, it is your duty to configure your forms and processes in a compliant manner.
• Participant Data and Privacy: If you collect personal information from Participants through the Service, you must do so in compliance with privacy and data protection laws. This includes providing any required notices or disclosures to Participants about how their information will be used, and obtaining any necessary consents (for example, consent from a parent or guardian for a minor's data). You are considered the data controller for Participant personal data, and you acknowledge that FlexWaiver acts as a data processor or service provider on your behalf. You agree to only collect data that is necessary for your legitimate business purposes and not to misuse data obtained through FlexWaiver. You further warrant that you have lawful grounds (e.g., consent or other legal basis) to collect and process Participant personal data using our Service. You will indemnify FlexWaiver for any breaches of privacy laws or regulations caused by your use of the Service (see Indemnification below).
• Prohibited Activities: You may not use the Service to engage in any illegal, offensive, or misuse activities, including but not limited to:
  • Uploading or transmitting any content that is unlawful, defamatory, harassing, obscene, fraudulent, or violates any intellectual property or privacy rights of others.
  • Using the Service to send unsolicited mass communications ("spam") unrelated to waivers or to harass individuals.
  • Attempting to probe, scan, or test the vulnerability of our systems or networks, or breaching security or authentication measures without proper authorization.
  • Reverse engineering, decompiling, or otherwise attempting to extract the source code of any software that is part of the Service (except to the extent such activity is expressly permitted by law).
  • Using the Service in a way that could harm or impair others' use, such as by distributing malware, viruses, or engaging in a denial-of-service attack.
  • Impersonating any person or entity, or misrepresenting your affiliation with a person or entity, in connection with the Service.
  • Collecting or harvesting any personally identifiable information from the Service (except as needed for legitimate use of waivers) or from other users without their consent.
  • Using the Service to process Special Categories of data (e.g., highly sensitive personal data such as health records, social security numbers, financial account info) unless you have entered into any necessary additional agreements with FlexWaiver (for example, a Business Associate Agreement for HIPAA-regulated data, see below).
• If you become aware of any misuse of the Service or any security incident, you must promptly notify FlexWaiver.
• No Resale or Unauthorized Access: You are not permitted to resell or exploit the Service for unauthorized commercial purposes. The account is meant for the use of the subscribing Client organization. Also, you shall not attempt to gain unauthorized access to any part of the Service or its related systems or networks.
• Maintaining Participant Agreements: If a Participant signs a waiver via FlexWaiver, you (the Client) should provide the Participant with a copy of their signed waiver or make it available (the Service can email a PDF copy if configured). You agree that you, not FlexWaiver, are responsible for communicating any terms or conditions of the activity or event to your Participants outside the waiver, and for honoring any promises or obligations in the waiver contract. FlexWaiver only stores the document and does not enforce the contract between you and the Participant.

6. Intellectual Property and Content Ownership

• FlexWaiver Intellectual Property: All content and materials comprising the Service - including but not limited to software code, web design, logos, trademarks, service marks, text, and graphics - are owned by FlexWaiver or our licensors, and are protected by intellectual property laws. FlexWaiver grants you a limited, revocable, non-exclusive, non-transferable license to use the Service solely for your internal business purposes in accordance with these Terms. You may not use FlexWaiver's name, logos, or trademarks without our prior written consent, except as needed to identify yourself as a customer or to direct your participants to the Service (for instance, using "Powered by FlexWaiver" or our supplied widgets in a manner allowed by us).
• Your Content (Waiver Forms and Data): As a Client, you retain all rights to the content you upload or create on the Service, such as the text of your waiver agreements, your business name and logos, and any custom fields or questions you define ("Your Content"). By using the Service to create or store Your Content, you grant FlexWaiver a worldwide, royalty-free license to host, store, reproduce, and process Your Content for the purposes of providing the Service to you and your Participants. We do not claim ownership of Your Content, and this license is only to allow us to operate and improve the Service consistent with these Terms and our Privacy Policy. We will not use Your Content in our marketing or external communications without your permission.
• Participant Data: As between FlexWaiver and the Client, all personal information collected from Participants via a waiver form is owned by the Client. FlexWaiver makes no claim to this data except for the limited rights needed to process and store it as part of the Service. We will not access or disclose Participant Data except as described in our Privacy Policy or as instructed by the Client, or as required by law.
• Suggestions and Feedback: If you send us any feedback, suggestions, or ideas about the Service, you agree that we may use them without any restriction or compensation to you. Such feedback is not considered confidential.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect data, including the distinction between Client account data and Participant personal data. By using the Service, you acknowledge that you have read our Privacy Policy and agree to FlexWaiver's handling of data as described. You also agree that you will comply with applicable privacy laws in your use of the Service, especially with regard to Participant data.

• Data Processing and Security: FlexWaiver will implement and maintain reasonable administrative, technical, and physical safeguards to protect personal data within the Service, as detailed in our Privacy Policy. For Clients who require a formal data processing agreement (DPA) or specific terms for compliance (e.g., under GDPR as a data processor, or a HIPAA Business Associate Agreement), please contact us. We can provide a DPA to outline our obligations regarding personal data we process on your behalf. Unless otherwise agreed, by using the Service, you authorize FlexWaiver to process and transfer Participant data as necessary to provide the Service (for example, to our cloud hosting providers or subprocessors). FlexWaiver will not sell or use Participant personal data for purposes other than providing services to you.
• Client's Privacy Obligations: You should maintain an appropriate privacy policy for your own organization, especially if you are collecting personal data via FlexWaiver. We encourage you to inform Participants that you are using FlexWaiver to store their signed waivers and that their personal information will be handled according to our Privacy Policy and your policies. If a Participant contacts FlexWaiver directly regarding their data, we will typically direct them to contact you as the data controller, and assist you as needed in fulfilling obligations (for example, responding to a deletion request).
• Confidentiality: FlexWaiver will treat Your Content and Participant Data as confidential and not disclose it to third parties except as permitted in these Terms or our Privacy Policy, or with your consent. Likewise, you agree to treat any non-public information you learn about our Service or company through the course of our relationship as confidential, and not to disclose it to third parties without our consent.
• HIPAA and Sensitive Data: FlexWaiver is not designed to be a repository of Protected Health Information (PHI) as defined under HIPAA, unless we have explicitly agreed in writing (via a Business Associate Agreement or BAA) to handle PHI for you. If you are in the health or wellness industry and intend to collect health information that is subject to HIPAA through our Service, you must contact us to enter into a BAA. Without such agreement, you should not use FlexWaiver to collect PHI that would make us your Business Associate. Similarly, avoid uploading social security numbers, financial account numbers, or other highly sensitive personal data unless necessary and appropriately consented by the individual. We disclaim any liability for your use of the Service in violation of this provision.

8. Service Performance and Support

• Service Availability: We aim to keep the Service available 24/7, but we do not guarantee uninterrupted uptime. There may be occasional planned maintenance or unplanned outages. We will try to schedule maintenance during low-usage periods and provide notice when possible. FlexWaiver is not liable for any downtime or data loss, though we take measures (such as data redundancy and backups) to minimize such issues. It is recommended that Clients periodically export important data (we provide export tools) as an extra safeguard.
• Support: Clients can access support resources via our website (FAQs, documentation) or contact our support team via email or chat as provided. Support is available during our business hours (posted on our site). We strive to respond promptly to support inquiries, but we do not guarantee any specific response time unless you are on a plan that includes a separate support SLA.
• Changes and Updates: We may deploy updates, patches, or new features to the Service. Some new features might be offered as optional or at additional cost. We reserve the right to introduce limits on certain features or restrict access to parts of the Service (for instance, beta features or excessive usage beyond plan limits) in order to protect the platform's stability. We will not materially decrease the core functionality of a paid plan during a subscription term without allowing an opt-out or providing a remedy.

9. Termination and Suspension

• By Client (You): You may stop using the Service at any time. If you wish to terminate your account, you can do so through the account settings or by contacting FlexWaiver support. Termination will typically take effect at the end of your current billing period for paid plans, unless otherwise arranged. Upon termination by you, your access to the account will be closed, but please ensure you have exported any needed data beforehand.
• By FlexWaiver: We reserve the right to suspend or terminate your account (or the Service as a whole) at our discretion with notice to you, or without notice if you violate these Terms in a serious way. In most cases, for less serious issues, we will send you a warning or work with you to resolve the breach before terminating.
• Effect of Termination: Upon termination of your account, whether initiated by you or us, your right to access or use the Service will immediately cease. We strongly recommend that prior to termination, you export any waiver records or data you may need. We may retain your data for a brief period post-termination (approximately 30 days) to allow for data retrieval upon request. After such period, we will delete or anonymize the personal data associated with your account in accordance with our data retention policy, except to the extent we are required or permitted to retain certain data for legal compliance or internal business reasons (e.g., financial records, audit logs). Note that, even after deletion from production systems, backup copies might exist for a limited time but will be purged according to routine cycles.
• Survival: The following sections of these Terms will survive termination: any obligations to pay outstanding fees, Disclaimers (Section 10), Limitation of Liability (Section 11), Indemnification (Section 12), Governing Law (Section 13), and any other provisions which by their nature should survive termination (such as definitions and use restrictions).

10. Disclaimers of Warranties

FlexWaiver provides the Service on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that:

• The Service will meet all of your requirements or expectations,
• The Service will be uninterrupted, timely, secure, or error-free,
• The data or results obtained from the use of the Service will be accurate or reliable,
• Any defects or bugs in the Service will be corrected immediately.

FlexWaiver is not offering legal advice through the Service. Any sample templates or guidance we provide are for general informational purposes and should not be relied upon as legal counsel. Clients should consult their own attorneys to ensure their waiver content is appropriate and complies with applicable law.

You acknowledge that electronic signature services inherently rely on technology and third-party services (such as internet connectivity, cloud infrastructure) which may not be perfect. Use of the Service is at your own risk. You are responsible for ensuring you maintain alternate copies or backups of critical records as needed.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by law.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will FlexWaiver or its affiliates, officers, employees, agents, or licensors be liable to you or any third party for: any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service. This limitation applies whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and even if we have been advised of the possibility of such damages.

Maximum Liability: If FlexWaiver is found liable to you for any claim arising from the Service, FlexWaiver's total cumulative liability will not exceed the total amount of fees actually paid by you to FlexWaiver in the twelve (12) months immediately preceding the event giving rise to the liability. If you are on a free plan, FlexWaiver's liability is limited to $100 USD.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, FlexWaiver's liability will be limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law.

12. Indemnification

You agree to defend, indemnify, and hold harmless FlexWaiver and its affiliates and their respective officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) that arise out of or are related to:

• Your Content or waiver practices,
• Your violation of law or rights of others,
• Your breach of these Terms,
• Your negligence or willful misconduct,
• Disputes with Participants or third parties related to your use of the Service.

FlexWaiver reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to the Service will be governed by the laws of the State of Minnesota, USA, excluding its conflict of law principles (as the initial draft assumed FlexWaiver operates from Minnesota). You and FlexWaiver agree that disputes shall be brought in the state or federal courts located in Minnesota. You consent to jurisdiction and venue in those courts. (You should replace this section with your actual governing law and venue.)

14. General Provisions

• Entire Agreement: These Terms (together with the Privacy Policy and any additional agreements you've entered into with FlexWaiver) constitute the entire agreement between you and FlexWaiver regarding the Service.
• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• Waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays caused by events beyond our reasonable control.
• Relationship: No partnership or agency is created.

Contact

Email: legal@flexwaiver.com

By using the FlexWaiver Service, you acknowledge that you have read, understood, and agree to these Terms of Service.