1. Overview of FLEKT
FLEKT is a platform that facilitates the meeting of buyers and sellers through two primary auction categories:
- Hospitality Auctions: For short-term rentals, motels, bed and breakfasts, and hotels.
- General Auctions: For goods, services, and experiences.
FLEKT provides a pricing feed but is not a party to any transaction.
2. Acceptance of Terms
- You must be at least 18 years old and legally capable.
- Use of the platform signifies agreement with these Terms.
- This forms a binding agreement between you and FLEKT Technologies.
3. Role of FLEKT
FLEKT acts solely as a pricing utility and does not:
- Act as a broker or intermediary.
- Guarantee the legality or accuracy of listings.
- Handle payments or transaction disputes.
4. User Accounts
- Registration: Requires accurate info.
- Security: You're responsible for all account activity.
- Termination: FLEKT may suspend your account at its discretion.
5. User Responsibilities
- Conduct due diligence before engaging in transactions.
- Ensure listings are legal and accurate.
- Comply with all applicable laws and regulations.
- You assume all risks of transactions.
6. Proprietary Auction Pricing Model
FLEKT owns and protects the pricing model. You may not:
- Replicate or reverse-engineer the feed.
- Use it for anything other than auctions on FLEKT.
7. Fees
Fees may apply for premium features. All fees are non-refundable unless stated otherwise.
8. Intellectual Property
- Platform IP: Owned by FLEKT Technologies.
- License: Limited, non-transferable, revocable license to use the Platform.
- User Content: You grant FLEKT a license to display your listings/content.
9. Disclaimers
The Platform is provided “as is” with no warranties. FLEKT is not liable for:
- Listing accuracy or legality.
- Buyer or seller capabilities.
- Transaction-related issues or damages.
- Third-party content or links.
10. Limitation of Liability
FLEKT is not liable for any indirect or consequential damages. Maximum liability is limited to what you paid FLEKT in the last 12 months.
11. Indemnification
You agree to hold FLEKT harmless from claims, losses, or disputes arising from:
- Your use of the platform.
- Violation of these Terms.
- Disputes with other users.
- Third-party rights violations.
12. Governing Law and Dispute Resolution
- Governing Law: Delaware state law applies.
- Arbitration: Disputes must go to binding arbitration via AAA in Delaware.
- You waive the right to class actions.
13. Modifications to the Terms
Terms may be updated at any time. Continued use implies acceptance of changes.
14. Termination
We may suspend or terminate your access at any time. Surviving terms remain in effect post-termination.
15. Miscellaneous
- These Terms are the full agreement between you and FLEKT.
- If a part is unenforceable, the rest remain valid.
- Our failure to enforce is not a waiver.
- You may not assign these Terms; we may.