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Mobile App Services Agreement

This Agreement governs your use of this mobile application to register for an account, apply for a spending limit, and lease or rent any products or services (“Services”).

You must first register to access these Services and you agree to use the Services for the purpose of registering and managing your account and submitting applications to lease or rent any products. This Agreement supplements any other agreement governing or relating to your lease or rental of any products (a "Substantive Agreement"). However, in the event of any conflict between this Agreement and any Substantive Agreement, the Substantive Agreement shall control.

This mobile application may change from time-to-time and this Agreement will be updated to reflect such changes accordingly. Your use of the Services, as modified, constitutes your acceptance of any changes to this Agreement.

I.       The Services

A.      Submitting Applications Through Our Mobile Application
To access our mobile application and submit and review applications for the lease or rent of any products, you will need to register an account using a current valid e-mail address (click here for information about how we rely upon your e-mail address being current and the e-mails we will send you), and generating an account-specific password. You are responsible for all costs, expenses and fees related to your access to the Services.

We help you protect the security of your information by requiring you to authenticate your identity by way of a User ID and other factors, which may include a password, token and/or challenge questions (“Authentication Factors”). Once we have authenticated you the first time and you have set up your Authentication Factors (click here for information about our security practices), you will be able to do the following through our mobile application each time you sign-in:

  1. Review your pre-approved spending limit to use online and in-store
  2. Scan products and services in-store
  3. Submit new applications for products and services;
  4. Generate rental-purchase agreements for approved applications; and
  5. Electronically sign the rental-purchase agreement.

B.      Your E-mail Address.
You agree to maintain or update the e-mail address that you provide to us when you first register for the Services. We use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.

C.      Authentication and Security.
We help you protect the security of your information by requiring you to authenticate your identity (i.e., prove that you are who you say you are) each and every time you sign-in to the Services. You acknowledge and agree that you should not share your sign-in credentials with any other person, and that any use of your sign-in credentials will be relied upon by us, and shall constitute your authorization to complete any transactions that are requested. You agree that if you give your sign-in credentials and access to a recognized device to another, you are authorizing that person to transact on your behalf, and you are responsible for their activity on this website. This means that you must keep your sign-in credentials personal and confidential and not disclose this information to any other person. It is a good idea to protect your security by always closing your web browser after logging out of the Services.

D.      Contacting Us About Technical Issues
You can always contact us at (855) 353-9289 or help@flexshopper.com regarding technical issues with this mobile app.

II.      Services Limitations, Liabilities and Remedies

This section provides important information about how your use of the Services is limited, how our responsibilities are limited, any related liabilities you may incur and the available remedies you may have.

A.      Liability for Unauthorized Activity.
If you believe that your Authentication Factors or your Services have been used without your permission, you must tell us immediately. Telephoning us is the best way of keeping your possible losses to a minimum. Call us at (855) 353-9289 to report unauthorized access. If you fail to notify us, you may be liable for all unauthorized activity on your account.

B.      Timeliness of Information.
The account information you obtain through the Services is current as of the close of the previous business day.

C.      Availability of the Services.
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume or similar reasons the Services may not be available for your use. We minimize the periods of time during which Services are unavailable. You agree that we shall not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the services or the server, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the server or the Services caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”) or capacity or other limitations or constraints of the Internet.

D.      Denial of Access and Termination of the Services By Us.
We may at any time, with or without cause, and without prior notice to you deny you access to the Services. We may terminate this Agreement and your access to the Services in whole or in part at any time without prior notice to you. If there is no log-in activity associated with any of your accounts for a consecutive twelve month period, you may no longer be able to access the Services. In the event we terminate this Agreement, any applications you have submitted will continue to be evaluated, and any existing rental agreement you have with us shall remain in effect.

E.      Governing Law.
This Agreement and the Services, unless otherwise indicated in the applicable agreement, will be governed by the laws of the United States and the State of North Carolina without giving effect to any conflict of laws to the contrary.

F.      Severability and Headings.
If any terms in this Agreement change due to applicable law or is declared invalid by order of a court, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been placed in this Agreement. The headings in this Agreement are intended only to help organize this Agreement.

G.      Limitation of Liability.
We have NO LIABILITY FOR CONSEQUENTIAL, REMOTE OR INDIRECT DAMAGES, for any reason whatsoever, including, but not limited to our acts or omissions, our affiliates, or agents, even if such party has been advised of the possibility thereof.

H.      Changes to This Agreement.
You agree that we may from time to time amend all or any part of this Agreement, including, without limitation, establishing, increasing or decreasing the fees and charges for the Services and adding additional features and functionality. We will notify you electronically of any change to this Agreement as required by applicable law. Your use of the Services or any additional service or services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review this Agreement periodically for any changes.

I.      Credit Reporting
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

J.      Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES IRRELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

Last Updated: November 2013