FlexMesh Driver Allgemeine Geschäftsbedingungen
FlexMesh Driver – Terms and Conditions Last updated: 3 June 2025
PLEASE READ CAREFULLY. By downloading, installing, or using the FlexMesh Driver mobile application or any associated website (collectively, the “Service”), you (“you” or “User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not accept every provision, do not access or use the Service.
1. Legal Entity & Contact
The Service is provided by FlexMesh Inc. (“FlexMesh,” “we,” “us,” “our”), a corporation organized under the laws of the Province of Ontario, Canada.
- Registered office: FlexMesh Inc. 155-2 King Street West Unit #466 Hamilton, ON L8P 4S0, Canada
- Email: legal@flexmesh.com
Note: FlexMesh is not currently registered for VAT/GST/HST outside Canada. VAT, sales tax, or similar transaction taxes on purchases made via Apple App Store or Google Play are calculated, collected, and remitted by the respective storefronts acting as the merchant of record.
2. Eligibility
You must be (a) at least 18 years old (or the age of majority where you reside) and (b) legally able to form a binding contract. By creating an account, you represent and warrant that you meet these requirements.
3. Account Registration & Security
- You agree to provide accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your login credentials.
- You must promptly notify us of any unauthorized use of your account.
- You are liable for all activities carried out through your account.
4. License Grant
FlexMesh grants you a personal, non‑exclusive, non‑transferable, revocable, limited license to install and use the Service solely for your own lawful delivery‑logistics purposes, subject to these Terms.
5. Prohibited Conduct
You agree not to:
- Use the Service for unlawful, harmful, or fraudulent purposes.
- Reverse‑engineer, decompile, or disassemble any part of the Service.
- Interfere with or disrupt servers or networks.
- Upload viruses, automated scripts, or content that infringes third‑party rights.
We may suspend or terminate your account for any breach.
6. Subscriptions, Fees & Payments
- Certain features of the Service require a paid subscription (“Paid Plan”). Prices include applicable taxes unless stated otherwise.
- Platform Billing. When you purchase through Apple App Store or Google Play, all transaction taxes (e.g., VAT, sales tax, GST/HST) are calculated and remitted by the storefront. Their billing terms govern any payment disputes.
- Auto‑renewal. Paid Plans renew automatically for successive periods equal to the initial term unless you cancel at least 24 hours before the end of the current period.
- Direct Billing. If we offer direct purchases (e.g., via our website or enterprise plans), FlexMesh will charge and remit taxes as required under applicable law (see §17 Tax Compliance).
- We may change fees with at least 30 days’ prior notice by email or in‑app message.
7. Consumer Withdrawal (EU/EEA/UK Only)
Under Directive 2011/83/EU, the EU Digital Content Directive, and the UK Consumer Contracts Regulations 2013, you have 14 days to withdraw from a digital‑content contract.
- Exception. When you select “Start Now” (or equivalent) you expressly consent to immediate delivery and acknowledge you lose the right to withdraw once performance begins.
- You may cancel future renewals at any time; the current paid period will continue until expiry.
8. Updates & Beta Features
We may (a) deploy mandatory updates that patch, add, or remove features and (b) offer optional beta features subject to additional terms. Continued use after an update constitutes acceptance.
9. Third‑Party Services
The Service may integrate maps, payment gateways, or other third‑party APIs. FlexMesh is not liable for third‑party content or availability. Your use of third‑party services is governed by their terms.
10. User Content & Feedback
- User Content. You retain all rights to data, images, and text you upload. You grant FlexMesh a worldwide, royalty‑free license to host, process, and display your content solely to operate the Service.
- Feedback. You grant us an irrevocable, royalty‑free right to use suggestions without restriction or compensation.
11. Intellectual Property
All software, trademarks, trade names, logos, and other materials provided by FlexMesh are owned by us or our licensors and protected by Canadian, U.S., and international IP laws. Except for the limited license in §4, no rights are granted to you.
12. Privacy
Our data practices are described in the FlexMesh Driver Privacy Policy, which forms part of these Terms. By using the Service, you consent to our collection and processing of personal data in Canada and other jurisdictions, including transfers outside your country of residence.
13. Disclaimer of Warranties
To the fullest extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE.” FlexMesh disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant that the Service will be uninterrupted, secure, or error‑free. Statutory warranties (e.g., EU consumer rights) remain unaffected.
14. Limitation of Liability
- Indirect Damages. FlexMesh shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption.
- Aggregate Cap. Our total liability arising from the Service shall not exceed the greater of (a) CAD 50 or (b) the amount you paid FlexMesh in the 12 months preceding the claim.
- Nothing in these Terms limits liability that cannot be excluded under applicable law (e.g., death, personal injury caused by negligence, or fraud).
15. Indemnity
You agree to defend, indemnify, and hold harmless FlexMesh, its directors, officers, employees, and agents from any claims, damages, or expenses (including legal fees) arising from (i) your use of the Service, (ii) your violation of these Terms, or (iii) your infringement of any third‑party right.
16. Export & Sanctions Compliance
You may not export, re‑export, or use the Service in violation of Canadian, U.S., EU, or UK sanctions and export‑control laws.
17. Tax Compliance
- Canada. FlexMesh will register for GST/HST if and when required under Canadian law. Until then, it may be treated as a small supplier under CRA rules (≤ CAD 30 000 revenue in the prior 12 months).
- EU/UK Direct Sales. If FlexMesh sells digital services directly to EU or UK consumers outside the app stores, it will collect VAT under the Non‑Union One‑Stop‑Shop (OSS) scheme and remit to the chosen Member State of Identification. Where the customer provides a valid VAT number (B2B), reverse‑charge rules apply.
- U.S. States. For direct sales, FlexMesh will collect sales tax in any state where it establishes economic nexus.
- App Store / Google Play Sales. Taxes are handled by Apple Inc. and Google LLC.
18. Governing Law & Dispute Resolution
- Governing Law. These Terms are governed by the laws of Ontario and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws principles.
- Jurisdiction. All disputes shall be submitted to the exclusive jurisdiction of the courts located in Toronto, Ontario.
- EU/UK Consumers. You may bring disputes in your local courts; mandatory consumer‑protection laws of your country of residence apply and are not superseded.
19. Changes to Terms
We may modify these Terms at any time. Material changes will be notified by email or in‑app notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and cancel any Paid Plan.
20. Severability & Waiver
If any provision is held unenforceable, it will be modified to reflect the parties’ intent or severed if necessary, and the remaining provisions will remain in full force. Failure to enforce any right is not a waiver.
21. Entire Agreement
These Terms, together with the Privacy Policy and any supplemental agreements expressly incorporated, constitute the entire agreement between you and FlexMesh regarding the Service and supersede all prior understandings.
If you have any questions, please contact legal@flexmesh.com.
Thank you for choosing FlexMesh Driver!