Terms of Service
Welcome to Flex Export Docs, a DBA registered with Texas (USA) Secretary of State (SOS). Please read these Terms of Service ("Terms") carefully before using our website, software-as-a-service (SaaS) platform, and document generation tools (collectively, the "Service").
1. Introduction and Acceptance of Terms
By creating an account, checking an "I agree to the Terms of Service" box, or otherwise accessing or using the Service, you ("User", "Customer", or "you") agree to be bound by these Terms and our Privacy Policy.
If you are entering into this agreement on behalf of a company, business, or other legal entity, you represent that you have the legal authority to bind that entity to these Terms. If you do not agree to these Terms, or if you do not have the authority to bind your entity, you must not access or use the Service.
2. Eligibility and Business Use
The Service is designed strictly for commercial, business, and professional export operations (B2B). By using the Service, you represent and warrant that you are operating as a valid business entity or professional, and that you are of legal age to form a binding contract.
3. Modifications to the Terms
Flex Export Docs reserves the right to modify, amend, or update these Terms at any time to reflect changes in our software, legal requirements, or industry standards.
4. Description of Services and Core Features
Flex Export Docs provides a cloud-based Software-as-a-Service (SaaS) platform featuring following primary export documentation utility tools designed to streamline international shipping administrative workflows:
5. Technical Requirements and Compatibility
To access and utilize the Service, Customers must maintain, at their own expense:
We do not guarantee that the Service will be fully compatible with legacy hardware, outdated browsers, or specialized proprietary operating systems.
6. Service Availability, Uptime, and Maintenance
7. Geographic Restrictions and Trade Limitations
The Service is hosted in the United States and is strictly governed by United States export controls, economic sanctions, and trade regulations.
8. Account Registration, Eligibility, and Security
9. Provision of Accurate Information and Data Privacy Compliance
10. Acceptable Use and Prohibited Activities
You agree to use the Service exclusively for legitimate, lawful international trade administration. You are strictly prohibited from engaging in the following activities:
11. Content Guidelines and Intellectual Property Rights
12. Fees, Subscription, and Payment Terms
To maintain transparency regarding our revenue practices and ensure customer satisfaction, this section outlines how subscription fees and financial cycles are handled.
13. Account Termination and Data Retention
14. Disclaimer of Warranties
14.1 "As-Is" Service
Flex Export Docs provides the Service, including all document generation tools, templates, and data-mapping functions, on an "as-is" and "as-available" basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14.2 No Guarantee of Customs Acceptance
International trade regulations, tariff schedules, and customs requirements change rapidly across global jurisdictions. Flex Export Docs does not warrant or guarantee that:
14.3 User Accountability
You assume sole responsibility and absolute risk for verifying the legal adequacy, formatting accuracy, and regulatory compliance of all documentation before submitting it to any carrier, freight forwarder, or government agency.
15. Limitation of Liability Scope
15.1 Exclusion of Consequential Damages
To the maximum extent permitted by applicable law, in no event shall Flex Export Docs, its affiliates, developers, directors, officers, employees, or agents be liable to you or any third party for any indirect or direct, incidental, special, exemplary, punitive, or consequential damages. This includes, without limitation, any loss of business profits, lost revenue, commercial interruption, loss of data, or damage to business reputation.
15.2 Logistics & Supply Chain Disclaimers
Because our software interfaces with commercial workflows, you explicitly agree that Flex Export Docs is not liable for any costs, fees, or penalties resulting from shipping and administrative errors, including but not limited to:
15.3 Cap on Liability
In no event shall the total, aggregate liability of Flex Export Docs for all claims, damages, or causes of action arising out of or related to these Terms or your use of the Service exceed the total amount of subscription fees actually paid by you to Flex Export Docs during the two (2) month period immediately preceding the event giving rise to the liability.
16. User Indemnification Requirements
16.1 Scope of Indemnity
You agree to defend, indemnify, and hold harmless Flex Export Docs, its parent organizations, subsidiaries, affiliates, developers, officers, directors, employees, and contractors from and against any and all third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees and court costs) arising out of or in any way connected to:
17. Force Majeure Provisions
17.1 Defined Events
Flex Export Docs shall not be held liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing our obligations when such failure or delay is caused by or results from acts beyond our reasonable control.
17.2 Specific Logistics Disruptions
These events include, but are not limited to: acts of God, floods, fires, earthquakes, pandemics, wars, civil unrest, labor strikes, port closures, supply chain gridlocks, government shutdowns, international trade embargoes, widespread internet or cloud hosting infrastructure outages, or malicious cyber-attacks (such as DDoS attacks) targeting our server networks.
18. Dispute Resolution Procedures
18.1 Informal Resolution First
In the event of any controversy, claim, or dispute arising out of your use of the platform, both parties agree to first attempt to resolve the matter through good-faith, informal negotiations for a period of at least thirty (30) days before initiating formal legal proceedings.
18.2 Mandatory Binding Arbitration
If informal negotiation fails, any dispute or claim shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Houston, Texas (USA), and shall be conducted in English by a single arbitrator.
18.3 Class Action Waiver
You and Flex Export Docs explicitly agree that any dispute resolution or legal proceedings will be conducted solely on an individual basis and not in a class, consolidated, or representative action. You hereby waive your right to participate as a plaintiff or class member in any class action lawsuit against Flex Export Docs.
19. Governing Law and Jurisdiction
19.1 Governing Law
These Terms, and all claims or causes of action arising out of or relating to your commercial relationship with Flex Export Docs, shall be exclusively governed by, construed, and enforced in accordance with the laws of the State of Texas, United States, without giving effect to any principles of conflicts of law.
19.2 Exclusive Forum
For any disputes where arbitration is found not to apply, you and Flex Export Docs agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Harris County, Houston, Texas. You hereby consent and submit to the personal and exclusive jurisdiction of these courts for the purposes of litigating any such action.
20. Entire Agreement and Severability
20.1 Entire Agreement
These Terms of Service, along with our Privacy Policy, constitute the absolute and entire legal agreement between you and Flex Export Docs concerning your use of our SaaS platform, superseding all prior or contemporaneous written or oral agreements or understandings.
20.2 Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or arbitrator, then that specific provision shall be deemed severable from these Terms and shall not affect the validity, legality, and enforceability of any remaining provisions.
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