These Platform Terms ("Terms") govern your access to and use of the Flex Platform, which is owned and operated by Flex Online (Pty) Ltd ("Flex", "we", "our" or "us").
By accessing or using the Flex Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Flex Platform.
1. Purpose
These Terms govern the use of the Flex Platform by Platform Users who have been authorised by a Customer to access the platform.
These Terms operate alongside:
- the Privacy Policy;
- the Acceptable Use Policy;
- any applicable Customer policies; and
- where applicable, the Software Subscription Agreement entered into between Flex and the Customer.
2. Definitions
For the purposes of these Terms:
Customer means an organisation that has entered into a Software Subscription Agreement with Flex and has authorised you to access the Flex Platform.
Platform User means any individual authorised by a Customer to access or use the Flex Platform, irrespective of the permissions, responsibilities or role assigned to that individual.
Flex Platform means the cloud-based software platform and related services developed and operated by Flex Online (Pty) Ltd.
Customer Content means any information, documents, learning content, assessments, evidence, media, data or other materials uploaded to, stored within or generated through the Flex Platform by or on behalf of a Customer or its Platform Users.
3. Access to the Flex Platform
Access to the Flex Platform is provided only to authorised Platform Users.
Your access rights are determined solely by the Customer.
Flex may suspend or revoke access where:
- your account is no longer authorised by the Customer;
- continued access would compromise the security or integrity of the Flex Platform;
- your use breaches these Terms or applicable law; or
- Flex is legally required to restrict access.
4. Your Responsibilities
As a Platform User, you agree to:
- use the Flex Platform lawfully and responsibly;
- comply with these Terms and any applicable Customer policies;
- keep your login credentials secure and confidential;
- notify the Customer or Flex of any suspected unauthorised access;
- provide accurate information where required; and
- use the Flex Platform only for its intended purpose.
You remain responsible for all activity undertaken using your account.
5. Acceptable Use
You must not use the Flex Platform to:
- engage in unlawful, fraudulent or deceptive conduct;
- upload or distribute malicious software;
- interfere with the operation or security of the Flex Platform;
- attempt to gain unauthorised access to systems, accounts or data;
- circumvent security controls or authentication mechanisms;
- interfere with the use of the Flex Platform by other Platform Users;
- infringe the intellectual property rights of others;
- upload unlawful, offensive or harmful content; or
- use the Flex Platform in any manner that could reasonably damage Flex, the Customer or other Platform Users.
Additional requirements relating to acceptable use are contained within the Acceptable Use Policy.
6. Integrity of Platform Use
Platform Users must use the Flex Platform honestly, responsibly and in accordance with its intended purpose.
Without limiting the general obligations contained in these Terms or the Acceptable Use Policy, Platform Users must not intentionally:
- circumvent or interfere with platform controls, security mechanisms or workflow processes;
- manipulate, falsify or misrepresent information, records, evidence or other Customer Content;
- attempt to bypass authentication, identity verification or other security measures implemented by the Customer or Flex;
- interfere with the integrity, authenticity or traceability of activities performed within the Flex Platform;
- knowingly submit false, misleading or fraudulent information through the Flex Platform; or
- use automated tools, artificial intelligence or any other technology in a manner that is prohibited by the Customer or that undermines the integrity of processes conducted through the Flex Platform.
Flex reserves the right to investigate suspected misuse of the Flex Platform and, where reasonably necessary, suspend or restrict access to protect the integrity, security or lawful operation of the Flex Platform, subject to applicable law and the rights of the Customer.
7. Customer Content
Customer Content remains the property of the Customer or the applicable rights holder.
Platform Users may only access Customer Content for which they have been authorised by the Customer.
You acknowledge that:
- Flex hosts Customer Content on behalf of the Customer;
- Flex does not assume ownership of Customer Content;
- Flex may process Customer Content where necessary to provide the Flex Platform;
- aggregated and anonymised usage information may be used by Flex to improve its products and services, provided that no Customer or individual Platform User can reasonably be identified.
8. Platform Availability
Flex uses commercially reasonable efforts to make the Flex Platform available on an ongoing basis.
However, availability may occasionally be affected by:
- scheduled maintenance;
- software updates;
- security incidents;
- failures of third-party infrastructure;
- internet connectivity; or
- events beyond Flex's reasonable control.
Flex does not guarantee uninterrupted or error-free availability.
9. Software Updates
Flex may from time to time:
- improve the Flex Platform;
- introduce new functionality;
- enhance existing features;
- correct defects;
- improve security; or
- retire obsolete functionality.
Where reasonably practicable, changes that materially affect the operation of the Flex Platform will be communicated to Customers in advance.
10. Integrations and Third-Party Services
The Flex Platform may integrate with or provide access to third-party products, applications or services.
Your use of any third-party service is governed by that provider's own terms and policies.
Flex is not responsible for the availability, functionality or security of third-party services that are outside its reasonable control.
11. Artificial Intelligence
The Flex Platform may include AI-assisted features designed to support productivity, administration, learning, content generation, assessment assistance, reporting or other platform capabilities.
Unless expressly stated otherwise:
- AI-generated outputs are intended to assist Platform Users and should be reviewed before being relied upon;
- Platform Users remain responsible for decisions made using AI-generated information;
- AI-assisted functionality does not replace professional judgement, organisational governance or regulatory requirements.
Further information regarding Flex's approach to AI is available within the Responsible AI Policy.
12. Intellectual Property
Flex and its licensors retain all intellectual property rights in the Flex Platform, including all software, interfaces, documentation, designs, branding and related technology.
These Terms do not transfer ownership of any intellectual property to Platform Users.
Nothing contained in these Terms grants any licence except the limited right to access and use the Flex Platform as authorised by the Customer.
13. Privacy
Flex processes personal information in accordance with its Privacy Policy and applicable data protection legislation.
By using the Flex Platform, you acknowledge that personal information relating to your use of the platform may be processed as described in the Privacy Policy.
14. Security
Platform Users play an important role in protecting the security of the Flex Platform.
You agree to:
- maintain the confidentiality of your credentials;
- use strong passwords where applicable;
- promptly report suspected security incidents;
- avoid sharing accounts with other individuals; and
- follow reasonable security guidance issued by Flex or the Customer.
15. Suspension or Termination
Flex or the Customer may suspend or terminate your access to the Flex Platform where:
- your access is no longer authorised;
- your use breaches these Terms;
- continued access creates a security risk;
- required by law; or
- the Customer's subscription to the Flex Platform ends.
Termination of access does not affect any obligations that survive termination under applicable law.
16. Disclaimer
The Flex Platform is provided on an "as available"basis.
While Flex uses reasonable skill and care in providing the Flex Platform, no software service can be guaranteed to operate without interruption or error.
Except where prohibited by law, Flex disclaims all implied warranties not expressly stated within these Terms.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Flex shall not be liable for indirect, incidental, consequential or special damages arising from your use of the Flex Platform.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
18. Changes to these Terms
Flex may amend these Terms from time to time to reflect changes to the Flex Platform, applicable laws or business operations.
Updated Terms will be published together with their effective date.
Continued use of the Flex Platform constitutes acceptance of the updated Terms.
19. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the South African courts.
20. Related Policies
Your use of the Flex Platform may also be subject to:
- Privacy Policy
- Acceptable Use Policy
- Responsible AI Policy
- Information Security
- Cookie Policy (where applicable)
If you access the Flex Platform on behalf of a Customer, you may also be required to comply with that Customer's own policies and procedures.
21. Contact
Questions regarding these Terms may be directed to:
Flex Online (Pty) Ltd
Email: trust@flexonline.io
Website: www.flexonline.io