Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE FLEX ASSISTANT PLATFORM OR ANY SERVICES PROVIDED BY 26TH STREET INC. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Use ("Terms") constitute a legally binding agreement between you and 26th Street Inc. and its affiliates (collectively, "Flex Assistant," "we," "us," or "our") governing your access to and use of the Flex Assistant platform, website located at www.flexassistant.ai, mobile applications, application programming interfaces ("APIs"), and all related services, features, and content offered by Flex Assistant (collectively, the "Services").

Flex Assistant is an artificial intelligence company that provides property management companies and property owners (each, a "Property Manager") with AI-powered leasing assistance, resident communication services, identity verification, rental applications processing, maintenance management, and related tools. The Services incorporate generative artificial intelligence and machine learning technologies (collectively, "AI Technologies") to facilitate interactions between Property Managers, prospective residents, current residents, and other users.

By accessing, registering for, or using the Services in any manner, including as a Property Manager, prospective resident, current resident, maintenance technician, or any other individual (each, a "User"), you represent that:

You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;

You are at least 18 years of age and have the legal capacity to enter into a binding contract;

If you are accessing or using the Services on behalf of an organization or entity, you represent that you have the authority to bind that organization or entity to these Terms; and

You acknowledge that you may communicate with generative AI bots when using the Services and that Flex Assistant monitors, records, and uses all such communications as described in these Terms and our Privacy Policy.

For the purposes of these Terms, the following capitalized terms shall have the meanings set forth below:

"AI Leasing Services" — Flex Assistant's artificial intelligence technology-powered features that facilitate a prospective tenant's tour of a residential community, including identity verification in connection with such tours.

"Applications Services" — Flex Assistant's artificial intelligence technology-powered features that facilitate a prospective tenant's application for a specific residential unit, including identity verification, credit screening, and background checks.

"Authorized Agent" — A natural person or business entity authorized by a User to act on their behalf with respect to privacy rights and related requests under applicable law.

"Content" — All text, data, information, software, graphics, photographs, videos, audio recordings, messages, and other materials submitted to, posted on, or transmitted through the Services.

"Maintenance App" — The feature of the Services that enables access to a mobile application to manage service requests, facilitate communication with residents, and assign and schedule work orders to maintenance technicians.

"Personal Information" — Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, as further described in our Privacy Policy.

"Property Manager" — Any property management company, property owner, or other entity or individual that accesses or uses the Services to manage residential communities, communicate with residents and prospective residents, or otherwise administer property management functions.

"Resident" — Any current resident or tenant of a residential community managed through the Services.

"Services" — The Flex Assistant platform, website, mobile applications, APIs, and all related services, features, tools, and content provided by 26th Street Inc., including the AI Leasing Services, Applications Services, Maintenance App, and any other Flex Assistant product or service.

"User Content" — Any Content that a User submits, uploads, publishes, or otherwise makes available through the Services.

3.1 Age and Capacity Requirements

You must be at least 18 years of age to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years of age. We do not knowingly collect Personal Information from individuals under the age of 18. If we learn that an individual under the age of 18 has provided Personal Information to us, we will delete such information as quickly as possible. If you have reason to believe that a minor has accessed or used the Services or provided Personal Information to us, please contact us immediately at hello@flexassistant.ai.

3.2 Account Registration

To access certain features or functionality of the Services, you may be required to register for an account. When registering, you agree to:

Provide accurate, current, and complete information as prompted by the registration form;

Maintain and promptly update your account information to keep it accurate, current, and complete;

Maintain the security and confidentiality of your account credentials, including your username and password;

Promptly notify Flex Assistant of any unauthorized use of your account or any other security breach at hello@flexassistant.ai; and

Accept all responsibility for activity that occurs under your account, whether or not authorized by you.

Flex Assistant reserves the right to suspend or terminate your account and your access to the Services at any time for any reason, including if we reasonably believe you have violated these Terms.

4.1 AI-Powered Leasing and Resident Services

Flex Assistant provides Property Managers with AI-powered leasing assistance and resident communication services, including bots powered by generative artificial intelligence ("AI Bots"). These AI Bots communicate with residents, prospective residents, and other individuals by email, phone, text message, and webchat on behalf of Property Managers. You acknowledge and agree that:

You may be communicating with an AI Bot rather than a human representative when using the Services;

AI Bots are powered by generative artificial intelligence and machine learning technologies that may produce outputs that are inaccurate, incomplete, or inappropriate for a given context;

Flex Assistant does not guarantee the accuracy, reliability, or completeness of any AI Bot outputs; and

All communications made through the Services, including those with AI Bots, are recorded and used as described in these Terms and our Privacy Policy.

4.2 AI Leasing Services

Flex Assistant's AI Leasing Services use artificial intelligence to facilitate prospective tenants' tours of residential communities and provide identity verification in connection with such tours. These services may collect biometric information, including photographs of your face, as part of the identity verification process. By using the AI Leasing Services, you consent to the collection and processing of such biometric information as described in our Privacy Policy. Additionally, doorbell video cameras and other recording devices may be located in certain leasing offices; use of the AI Leasing Services constitutes your consent to such recording.

4.3 Applications Services

Flex Assistant's Applications Services use artificial intelligence to facilitate prospective tenants' applications for residential units. These services may involve the collection and sharing of sensitive Personal Information, including government-issued identification numbers, financial information, credit history, employment records, and criminal and housing court records, with third-party verification providers, including consumer reporting agencies. By using the Applications Services, you consent to such collection and sharing as described in our Privacy Policy.

4.4 Maintenance App

The Maintenance App enables Property Managers and maintenance technicians to manage service requests, communicate with residents, and schedule and track work orders. Use of the Maintenance App may involve collection of precise geolocation data from your mobile device to facilitate the assignment and scheduling of work orders.

4.5 Service Modifications

Flex Assistant reserves the right to modify, suspend, or discontinue the Services or any portion thereof at any time, with or without notice. Flex Assistant shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

If you are a Property Manager, the following additional terms apply to your use of the Services:

5.1 Contractual Obligations

Your use of the Services as a Property Manager is subject to a separate Master Services Agreement ("MSA") or other written agreement between you and Flex Assistant. In the event of any conflict between these Terms and the MSA, the MSA shall govern with respect to Property Manager obligations.

5.2 Data Controller Responsibilities

As a Property Manager, you are considered a "controller" or "owner" of Personal Information collected from users of the Services on your behalf under applicable privacy law. You are responsible for:

Providing appropriate notice to and obtaining necessary consents from residents, prospective residents, and other individuals whose Personal Information is collected or processed through the Services;

Complying with all applicable privacy laws, fair housing laws, and other applicable regulations in connection with your use of the Services and any Personal Information you access through the Services;

Ensuring that your use of AI Technologies, including AI Bots, complies with all applicable laws and does not discriminate against any individual on the basis of any protected characteristic; and

Maintaining and enforcing your own privacy policy and terms of service governing your use of residents' and prospective residents' Personal Information.

5.3 Fair Housing Compliance

Property Managers are solely responsible for ensuring that their use of the Services, including all AI-powered communications and screening processes, complies with the Fair Housing Act, the Equal Credit Opportunity Act, and all applicable federal, state, and local fair housing and anti-discrimination laws. Flex Assistant does not assume any responsibility for Property Managers' compliance with applicable fair housing laws.

6.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation;

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

To impersonate or attempt to impersonate Flex Assistant, a Flex Assistant employee, another User, or any other person or entity;

To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Flex Assistant, may harm Flex Assistant or Users of the Services or expose them to liability;

To use the Services in any manner that could disable, overburden, damage, or impair the Services;

To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, without our prior written consent; or

To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

6.2 Prohibited Content

You agree not to submit, upload, post, or transmit any User Content through the Services that:

Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;

Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;

Violates the privacy, publicity, or other personal rights of any individual;

Contains software viruses or any other computer code designed to disrupt, damage, or limit the functioning of any software or hardware;

Constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability; or

Contains Personal Information of another individual without that individual's prior written consent, provided that such individual is at least 18 years of age.

6.3 Recording Consent

By using the Services, you expressly consent to Flex Assistant and its approved third parties monitoring, recording, and using all of your activities and communications made through the Services, including by email, phone, text message, and webchat, and including monitoring your keystrokes while using the Services. Such recordings may be used and shared for all purposes described in these Terms and our Privacy Policy, including to provide and improve the Services and AI Technologies.

7.1 Flex Assistant Ownership

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by Flex Assistant, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License to Users

Subject to your compliance with these Terms, Flex Assistant grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use (if you are a resident or prospective resident) or for your legitimate business purposes (if you are a Property Manager pursuant to your MSA). This license does not include any resale or commercial use of the Services or any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

7.3 User Content License

By submitting, posting, or otherwise making available User Content through the Services, you grant Flex Assistant a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing, operating, improving, and promoting the Services and AI Technologies. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights.

7.4 AI Training

You acknowledge and agree that Flex Assistant may use anonymized, aggregated, or de-identified data derived from your use of the Services and communications made through the Services to train, improve, and develop the AI Technologies and related products and services.

7.5 Feedback

If you submit any feedback, suggestions, or ideas regarding the Services to Flex Assistant, you grant Flex Assistant a perpetual, irrevocable, royalty-free license to use such feedback, suggestions, or ideas for any purpose without any obligation to you.

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to Flex Assistant's collection, use, and sharing of your Personal Information as described in our Privacy Policy.

8.1 Sensitive Personal Information

Certain Services, including the AI Leasing Services and Applications Services, may collect sensitive Personal Information, including government-issued identification numbers, biometric information, financial account information, and precise geolocation data. By using these Services, you consent to the collection and processing of such sensitive Personal Information as described in our Privacy Policy and any additional consent notices provided at the time of collection.

8.2 Biometric Information

To the extent that the Services collect biometric information, including photographs of your face for identity verification purposes, Flex Assistant or its third-party vendors will obtain any additional consents required by applicable law prior to such collection. Biometric identifiers collected by Flex Assistant or its vendors are stored, transmitted, and protected using reasonable care and in a manner that is at least as protective as the manner in which we protect other confidential information. Biometric identifiers will be destroyed within a reasonable time following capture but no later than one year after the purpose of their collection has been fulfilled, to the extent required by applicable law.

8.3 Communications Opt-In

By providing your phone number and consenting to receive text messages through the Services, you consent to receive automated text messages from Flex Assistant or Property Managers in connection with the Services. Message and data rates may apply. You may opt out at any time by replying STOP to any text message or by contacting us at hello@flexassistant.ai. Text messaging opt-in data and consent will only be shared with the applicable Property Manager who owns or operates the relevant property.

The Services may contain links to third-party websites, applications, or services ("Third-Party Services") and may integrate with third-party service providers, including consumer reporting agencies, employment verification providers, identity verification vendors, and payment processors. These Terms do not apply to Third-Party Services. Flex Assistant does not control, endorse, or assume responsibility for any Third-Party Services or the privacy practices, content, or terms of service of Third-Party Services.

Your interactions with Third-Party Services are governed solely by the terms and privacy policies of those third parties. We encourage you to review the privacy policies and terms of service of any Third-Party Services you access through or in connection with the Services.

With respect to the Applications Services specifically, Flex Assistant may share your Personal Information with third-party consumer reporting agencies and verification providers to process your rental application. Such sharing constitutes a permissible purpose under applicable law, and you consent to such sharing by using the Applications Services.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLEX ASSISTANT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FLEX ASSISTANT DOES NOT WARRANT THAT:

THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE;

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

THE AI TECHNOLOGIES, INCLUDING AI BOT OUTPUTS, WILL BE ACCURATE, COMPLETE, TIMELY, OR FREE OF ERRORS; OR

ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

FLEX ASSISTANT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS, OR FAILURES IN THE OPERATION OR TRANSMISSION OF ANY AI BOT OUTPUTS OR COMMUNICATIONS. FLEX ASSISTANT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, EMAIL, PLAYERS, OR TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLEX ASSISTANT, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;

ANY CONTENT OR INFORMATION OBTAINED FROM THE SERVICES, INCLUDING AI BOT OUTPUTS;

UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR

ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLEX ASSISTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FLEX ASSISTANT'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO FLEX ASSISTANT FOR ACCESS TO THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Flex Assistant, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms;

Your User Content;

Your use of the Services;

Your violation of any applicable law or regulation;

Your violation of any rights of a third party, including any intellectual property rights or privacy rights; or

Any misrepresentation made by you in connection with the Services.

Flex Assistant reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Flex Assistant in asserting any available defenses.

13.1 Nature of AI Outputs

The AI Technologies integrated into the Services, including generative AI models and machine learning algorithms, produce outputs based on patterns learned from training data. You acknowledge and understand that:

AI Bot communications and other AI-generated outputs may not always be accurate, complete, or appropriate for a given situation;

AI outputs should not be construed as legal, financial, housing, or professional advice;

AI-generated content may reflect biases present in training data;

You should independently verify any material information generated by or through the AI Technologies before relying on such information; and

Flex Assistant continuously trains and updates the AI Technologies, which may result in changes in AI Bot behavior or outputs over time.

13.2 No Guarantee of AI Accuracy

Flex Assistant makes no representations or warranties regarding the accuracy, reliability, or fitness for purpose of AI Technologies or any outputs generated by the AI Technologies. To the fullest extent permitted by applicable law, Flex Assistant disclaims all liability arising from your reliance on AI-generated outputs.

13.3 Human Escalation

If at any time during your interaction with the Services you are unable to receive a satisfactory response from an AI Bot or require human assistance, you may request to speak with a human representative by contacting the applicable Property Manager directly or by contacting Flex Assistant at hello@flexassistant.ai.

By using the Services, you consent to receive electronic communications from Flex Assistant and from Property Managers through the Services, including by email, text message, phone, and webchat. You agree that all notices, disclosures, and other communications that Flex Assistant provides to you electronically satisfy any legal requirement that such communications be in writing.

By using the Services, you further consent to Flex Assistant and its approved third parties:

Monitoring, recording, and storing all communications made through the Services, including all voice calls, text messages, emails, and webchat conversations;

Monitoring your keystrokes and other interactions while using the Services; and

Using and sharing such recordings and monitoring data for the purposes described in these Terms and our Privacy Policy, including to improve the Services and AI Technologies.

15.1 Term

These Terms are effective as of the date you first access or use the Services and will remain in effect until terminated by either party in accordance with these Terms.

15.2 Termination by Flex Assistant

Flex Assistant may terminate or suspend your access to the Services, in whole or in part, at any time and for any reason, including if Flex Assistant believes that you have violated or acted inconsistently with these Terms, or if required to do so by applicable law. Flex Assistant may terminate your access to the Services without prior notice.

15.3 Termination by User

You may terminate your use of the Services at any time by discontinuing your use and, if applicable, deleting your account. Property Managers wishing to terminate their agreement with Flex Assistant should do so in accordance with the terms of their Master Services Agreement.

15.4 Effect of Termination

Upon termination of these Terms for any reason: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) you must immediately cease all use of the Services; and (c) Sections 6, 7, 8, 10, 11, 12, and 16 through 20 will survive termination and remain in full force and effect.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Flex Assistant arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in Delaware, and you hereby consent to the personal jurisdiction of such courts.

16.2 Informal Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact Flex Assistant at hello@flexassistant.ai and provide a written description of the dispute, your name, and your contact information. Flex Assistant and you agree to negotiate in good faith to resolve the dispute informally for a period of thirty (30) days from the date of Flex Assistant's receipt of your written notice.

16.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

16.4 Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Flex Assistant is committed to making its Services accessible to individuals with disabilities. If you have a disability and require an accommodation in order to access or use the Services, or if you require these Terms in an alternative format, please contact us at hello@flexassistant.ai. We will work with you to provide reasonable accommodations.

Flex Assistant reserves the right to modify these Terms at any time in its sole discretion. When we make changes, we will post the updated Terms on the Services with a new "Last Updated" date and, where required by applicable law, provide you with additional notice (such as by email). Your continued use of the Services following the posting of updated Terms constitutes your acceptance of such changes. If you do not agree to the updated Terms, you must immediately stop using the Services.

We encourage you to review these Terms periodically to stay informed of any changes.

19.1 Entire Agreement

These Terms, together with our Privacy Policy and, if applicable, your Master Services Agreement, constitute the entire agreement between you and Flex Assistant with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

19.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

19.3 Waiver

No waiver by Flex Assistant of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Flex Assistant to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Flex Assistant. Flex Assistant may freely assign these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law.

19.5 Force Majeure

Flex Assistant shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond Flex Assistant's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

19.6 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Flex Assistant. Neither party has authority to bind the other except as expressly provided in these Terms.

19.7 Notices

All notices to Flex Assistant under these Terms shall be sent by email to hello@flexassistant.ai or by mail to: 26th Street Inc., Attn: Legal Department, [Address]. Flex Assistant may provide notice to you by email, by posting a notice on the Services, or by other means reasonably calculated to give you notice.

19.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions, concerns, or requests regarding these Terms or the Services, please contact us at:

26th Street Inc. (Flex Assistant)

Website: www.flexassistant.ai

Email: hello@flexassistant.ai

Phone: +1 (506) 871 9708

If you have a disability and require these Terms in an alternative format, please contact us at hello@flexassistant.ai.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.