From everyone at Enquist Technologies GmbH & FlexTrainer, thank you for
using our products & services! We build them to help you do your
When we say “Company”, “we”, “our”, FlexTrainer, or “us” in this document,
we are referring to Enquist Technologies GmbH.
When we say “Services”, we mean any product created and maintained by
Enquist Technologies GmbH. That includes FlexTrainer, whether delivered
within a web browser, desktop application, mobile, or another format.
When we say “You” or “your”, we are referring to the people or
organizations that own an account with one or more of our Services.
When you use our Services, now or in the future, you are agreeing to the
latest Terms of Service. That’s true for any of our existing and future
products and all features that we add to our Services over time. There
may be times where we do not exercise or enforce any right or provision
of the Terms of Service; in doing so, we are not waiving that right or
These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account. That’s a
broad statement and it means you need to place a lot of trust in us. We
do our best to deserve that trust by being open about
who we are, how we work, and keeping an open door to your
You are responsible for maintaining the security of your account and
password. The Company cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation. We
recommend users set up two-factor authentication for added security.
In some of our Services, we may require it.
You are responsible for all content posted and activity that occurs
under your account. That includes content posted by others who either:
(a) have access to your login credentials; or (b) have their own
logins under your account.
You must be a human. Accounts registered by “bots” or other automated
methods are not permitted.
Payment, Refunds, and Plan Changes
If you are using a free version of one of our Services, it is really
free: we do not ask you for your credit card and — just like for
customers who pay for our Services — we do not sell your data.
For paid Services that offer a free trial, we explain the length of
trial when you sign up. After the trial period, you need to pay in
advance to keep using the Service. If you do not pay, we will freeze
your account and it will be inaccessible until you make payment. If
your account has been frozen for a while, we will queue it up for
auto-cancellation. See our
for more details.
If you are upgrading, we will charge your card immediately and your
billing cycle starts on the day of upgrade. For other upgrades or
downgrades in plan level, the new rate starts from the next billing
All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities. Where required, we will collect those taxes on
behalf of the taxing authority and remit those taxes to taxing
authorities. Otherwise, you are responsible for payment of all taxes,
levies, or duties.
We process refunds according to our
Cancellation and Termination
You are solely responsible for properly canceling your account. Within
each of our Services, we provide a simple no-questions-asked
cancellation link. You can find instructions for how to cancel your
account in our
Cancellation policy. An email or
phone request to cancel your account is not automatically considered
cancellation. If you need help cancelling your account, you can always
contact our Support team.
All of your content will be inaccessible from the Services immediately
upon cancellation. Please check
Cancellation policy for details.
If you cancel the Service before the end of your current paid up
month, your cancellation will take effect immediately, and you will
not be charged again. We do not automatically prorate unused time in
the last billing cycle. See our
Refund policy for more details.
We have the right to suspend or terminate your account and refuse any
and all current or future use of our Services for any reason at any
time. Suspension means you and any other users on your account will
not be able to access the account or any content in the account.
Termination will furthermore result in the deletion of your account or
your access to your account, and the forfeiture and relinquishment of
all content in your account. We also reserve the right to refuse the
use of the Services to anyone for any reason at any time. There are
some things we staunchly stand against and this clause is how we
exercise that stance. For more details, see our Use
Verbal, physical, written or other abuse (including threats of abuse
or retribution) of Company employee or officer will result in
immediate account termination.
Modifications to the Service and Prices
Sometimes we change the pricing structure for our products. When we do
that, we tend to exempt existing customers from those changes. However,
we may choose to change the prices for existing customers. If we do so,
we will give at least 30 days notice and will notify you via the email
address on record. We may also post a notice about changes on our
websites or the affected Services themselves.
Uptime, Security, and Privacy
We reserve the right to temporarily disable your account if your usage
significantly exceeds the average usage of other customers of the
Services. Of course, we’ll reach out to the account owner before
taking any action except in rare cases where the level of use may
negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups,
redundancies, and encryption. We enforce encryption for data
transmission from the public Internet. There are some edge cases where
we may send your data through our network unencrypted.
When you use our Services, you entrust us with your data. We take that
trust to heart. You agree that FlexTrainer may process your data as
other purpose. We as humans can access your data for the following
To help you with support requests you make. We’ll
ask for express consent before accessing your account.
On the rare occasions when an error occurs that stops an
automated process partway through.
We get automated alerts when such errors occur. When we can fix
the issue and restart automated processing without looking at any
personal data, we do. In rare cases, we have to look at a minimum
amount of personal data to fix the issue. In these rare cases, we
aim to fix the root cause as much as possible to avoid the errors
To the extent required by applicable law. As a US
company with all data infrastructure located in the US, we only
preserve or share customer data if compelled by a US government
authority with a legally binding order or proper request under the
Stored Communications Act. If a non-US authority approaches
FlexTrainer for assistance, our default stance is to refuse unless the
order has been approved by the US government, which compels us to
comply through procedures outlined in an established mutual legal
assistance treaty or agreement mechanism. If FlexTrainer is audited by
a tax authority, we only share the bare minimum billing
information needed to complete the audit.
We use third party vendors and hosting partners to provide the
necessary hardware, software, networking, storage, and related
technology required to run the Services.
Under the California Consumer Privacy Act (“CCPA”), FlexTrainer is a
“service provider”, not a “business” or “third party”, with respect to
your use of the Services. That means we process any data you share
with us only for the purpose you signed up for and as described in
other policies. We do not retain, use, disclose, or sell any of that
information for any other commercial purposes unless we have your
explicit permission. And on the flip-side, you agree to comply with
your requirements under the CCPA and not use FlexTrainer’s Services in a
way that violates the regulations.
These Service Terms incorporate the FlexTrainers' Data Processing Addendum
(“DPA”), when the General Data Protection regulation (“GDPR”) applies
to your use of FlexTrainer Services to process Customer Data as defined in
the DPA. The DPA is effective as of October 5, 2020 and replaces and
supersedes any previously agreed data processing addendum between you
and Enquist Technologies GmbH. relating to the GDPR. If you prefer to
have an executed copy of the Data Processing Addendum, you may contact
us. Regardless of whether you execute or not, we protect and secure
your data to the high standards set out in the addendum.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide
to the Services. All materials uploaded remain yours.
We do not pre-screen content, but reserve the right (but not the
obligation) in our sole discretion to refuse or remove any content
that is available via the Service.
The names, look, and feel of the Services are copyright© to the
Company. All rights reserved. You may not duplicate, copy, or reuse
without express written permission from the Company. You must request
permission to use the Company’s logo or any Service logos for
promotional purposes. Please email us requests to use logos. We
reserve the right to rescind this permission if you violate these
Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Services, use of the Services, or access to the
Services without the express written permission by the Company.
You must not modify another website so as to falsely imply that it is
associated with the Services or the Company.
Features and Bugs
We design our Services with care, based on our own experience and the
experiences of customers who share their time and feedback. However,
there is no such thing as a service that pleases everybody. We make no
guarantees that our Services will meet your specific requirements or
We also test all of our features extensively before shipping them. As
with any software, our Services inevitably have some bugs. We track the
bugs reported to us and work through priority ones, especially any
related to security or privacy. Not all reported bugs in our software
will get fixed and we don’t guarantee completely error-free Services.
We mention liability throughout these Terms but to put it all in one
You expressly understand and agree that the Company shall not be
liable, in law or in equity, to you or to any third party for any
direct, indirect, incidental, lost profits, special, consequential,
punitive or exemplary damages, including, but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses
(even if the Company has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the
Services; (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered
into through or from the Services; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct
of any third party on the service; (v) or any other matter relating to
this Terms of Service or the Services, whether as a breach of
contract, tort (including negligence whether active or passive), or
any other theory of liability.
In other words: choosing to use our Services does mean you are making a
bet on us. If the bet does not work out, that’s on you, not us. We do
our darnedest to be as safe a bet as possible through careful management
of the business; investments in security, infrastructure, and talent;
and in general providing an actual care. If you
choose to use our Services, thank you for betting on us.