Terms and Conditions

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using them, you warrant and represent that you are at least 18 years of age. If you create an account, you are responsible for maintaining the security of your account and for all activity that occurs under it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in termination of your account. You must immediately notify us of any unauthorized use of your account or other breach of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result. We may suspend, disable, or delete your account if we determine you have violated this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for these reasons, you may not re-register for our Services, and we may block your email address and IP address to prevent further registration.

User content

We do not own any data, information, or material (“Content”) that you submit on the Website. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content submitted or created using our Services. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your account solely as required to provide the Services to you. We have the right, though not the obligation, to refuse or remove any Content that, in our reasonable opinion, violates our policies or is harmful or objectionable. You also grant us a license to use, reproduce, adapt, modify, publish, or distribute Content created by you or stored in your account for commercial, marketing, or similar purposes.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for a Service you have subscribed to, you will be charged automatically according to the term you selected. Sensitive and private data exchange happens over an SSL-secured communication channel, encrypted and protected with digital signatures, and the Website and Services comply with PCI vulnerability standards to keep the environment as secure as possible. Malware scans are performed regularly for additional security. If, in our judgment, your purchase constitutes a high-risk transaction, we may require valid government-issued photo identification and a recent bank or card statement. We reserve the right to change products and pricing at any time, to refuse any order, and to limit or cancel quantities purchased per person, household, or order — including orders placed under the same account, card, or billing/shipping address. If we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided when the order was made.

Accuracy of information

The Website may occasionally contain typographical errors, inaccuracies, or omissions relating to listing descriptions, pricing, availability, promotions, and offers. We reserve the right to correct these, and to change, update, or cancel information at any time without prior notice, including after an order or application has been submitted. We undertake no obligation to update, amend, or clarify information on the Website except as required by law, and no refresh date on the Website should be taken to indicate that all information has been modified or updated.

Third-party services

If you enable, access, or use third-party services through FlexStay, your access and use of those services are governed solely by their own terms and conditions. We do not endorse, and are not responsible or liable for, any aspect of such third-party services, including their content or how they handle data, or any interaction between you and their provider. You irrevocably waive any claim against FlexStay Inc with respect to such services, and we are not liable for any damage or loss caused or alleged to be caused by your use of, or reliance on, any third-party service's privacy practices, data security, or other policies. By enabling any third-party service, you expressly permit FlexStay Inc to disclose your data as necessary to facilitate that service.

Deleting your data

You can ask us to delete your data at any time. Email us from the address connected to your account and we will act on it — you do not need to justify the request, and we will not make you hunt for a form.

Deletion means we remove your name, contact details, and identity documents from your account and replace them with anonymized placeholders, so the account can no longer identify you. Records of completed transactions — leases, reservations, invoices, and payments — are kept for the period set out in our User Data Policy, because tax, accounting, and dispute-resolution law requires us to keep them. We cannot delete those on request, and neither can anyone else operating lawfully in Ontario. Everything else goes.

Retention periods for each category of information are listed in our User Data Policy. If you want to know exactly what would remain after a deletion request, ask us before making one and we will tell you.

Backups

We perform regular backups of the Website and its Content for our own administrative purposes only, and these are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide compensation for lost or incomplete data if a backup does not function properly, though we will do our best to ensure complete and accurate backups.

Advertisements and links to other resources

During your use of the Website, you may enter into correspondence with, or participate in promotions of, advertisers or sponsors. Any such activity, and any terms associated with it, is solely between you and that third party; we have no liability or responsibility for it.

The Website may link to other resources. We are not implying any approval, association, sponsorship, endorsement, or affiliation with a linked resource unless specifically stated. Some links may be affiliate links — if you click through and purchase an item, FlexStay Inc may receive an affiliate commission. We do not warrant the offerings of any linked business or individual, and are not responsible for their actions, products, services, or content. Review the terms of any resource you access through a link on the Website; linking to it is at your own risk.

Prohibited uses

You are prohibited from using the Website, Services, or Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; to violate any applicable regulations, rules, laws, or local ordinances; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or other malicious code; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Website, Services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of these prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by FlexStay Inc or third parties, and all rights, titles, and interests in that property remain solely with FlexStay Inc. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of FlexStay Inc or its licensors; others may be the trademarks of third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any FlexStay Inc or third-party trademark.

Disclaimer of warranty

The Service is provided on an “as is” and “as available” basis, and your use of it is solely at your own risk. We expressly disclaim all warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free, nor the accuracy or reliability of any information obtained through the Service, nor that defects will be corrected. Any material or data downloaded or otherwise obtained through the Service is done at your own discretion and risk, and you are solely responsible for any resulting damage or data loss. We make no warranty regarding goods or services purchased or obtained through the Service, and no advice or information obtained from us or through the Service creates any warranty not expressly made in this Agreement.

Limitation of liability

To the fullest extent permitted by law, FlexStay Inc, its affiliates, directors, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, punitive, cover, or consequential damages (including lost profits, revenue, sales, or goodwill, or business interruption), however caused and under any theory of liability, even if advised of or able to foresee the possibility of such damages. To the maximum extent permitted by law, the aggregate liability of FlexStay Inc and its affiliates relating to the Services is limited to the greater of one dollar or the amount you actually paid FlexStay Inc in the one-month period before the event giving rise to the liability.

Indemnification

You agree to indemnify and hold FlexStay Inc and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees, arising from third-party claims related to your Content, your use of the Website and Services, or any willful misconduct on your part.

Severability

All rights and restrictions in this Agreement apply only to the extent they do not violate applicable law, and are intended to be limited as necessary so this Agreement remains legal, valid, and enforceable. If any provision is held illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.

Dispute resolution

This Agreement, and any dispute arising from it, is governed by the laws of Ontario, Canada and, where applicable, the laws of Canada, without regard to conflict-of-law rules. The exclusive jurisdiction and venue for related actions are the courts of Ontario, Canada, and you submit to their personal jurisdiction. You waive any right to a jury trial in a proceeding arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Assignment

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations under this Agreement without our prior written consent, at our sole discretion; any such attempt is null and void. We may freely assign our rights or obligations, in whole or in part, to any third party as part of a sale of assets or stock, or a merger.

Changes and amendments

We reserve the right to modify this Agreement at any time, effective upon posting an updated version on the Website; when we do, we will revise the effective date shown on this page. Continued use of the Website and Services after a change constitutes your consent to it.

Contacting us

If you would like to understand more about this Agreement, or have a question about it, contact us via the contact form, email support@flexstay.ca, or write to 210 Carlton Street, Unit L1, Toronto, ON M5A 2L1.