Terms & Conditions

Effective Date: April 1, 2026

Last Updated: April 1, 2026

Welcome to flexyflow (hereinafter, “we”, “us”, “our”, “flexy”, “the Company”, or “the Organization”). The privacy of our users and transparency in our business relationships are fundamental pillars of our company philosophy. We are deeply committed to protecting your interests while maintaining a permissive, flexible, and accessible approach in all our operations.

These Terms and Conditions of Use (hereinafter, the “Terms”) have been designed to be as clear, transparent, and accessible as possible, aligned with the highest standards under Colombian law, while maintaining a permissive and favorable approach for our company and our clients.

Our website https://www.flexyflow.co (hereinafter, the “Website”) and associated services, including but not limited to any consulting service, software development, design, marketing, training, and any other service provided by flexyflow (hereinafter, the “Services”), are designed to offer you the best possible experience, with the least amount of restrictions and the greatest freedom of use permitted by law.

These Terms are governed by the Colombian Civil Code (Law 84 of 1873), the Colombian Commercial Code (Decree 410 of 1971), Law 1480 of 2011 (Consumer Statute), Law 1581 of 2012 (Personal Data Protection), Law 256 of 1996 (Unfair Competition), Law 599 of 2000 (Criminal Code - Computer Crimes), Law 1273 of 2009 (Computer Crimes), and all other related and amending regulations governing commercial relationships and electronic commerce in the Republic of Colombia.

1. Service Provider Information

flexyflow Email: info@flexyflow.co
Phone: +57 318 868 6712
WhatsApp: +57 318 868 6712
Address: Valle del Cauca, Colombia


Website: https://www.flexyflow.co

flexyflow acts as a provider of consulting, web development, graphic design, digital marketing, and related services, hereinafter referred to as the “Services.” The company is duly registered and operates in compliance with the laws of the Republic of Colombia.

2. Important Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

  • Client: Any natural or legal person that contracts the Services of flexyflow.
  • Service Contract: The specific agreement between flexyflow and the Client for the provision of the Services.
  • Client Data: All information, data, files, materials, contents, documents, images, videos, audio, texts, designs, code, and any other element that the Client provides, sends, uploads, transmits, or that enters the Services of flexyflow, whether before, during, or after the term of the contract.
  • Generated Data: All information, analysis, reports, dashboards, metrics, statistics, conclusions, recommendations, insights, and any other result or product derived from the processing, analysis, or treatment of the Client Data or any other information entered into the Services.
  • Output Data: All deliverables, files, documents, reports, products, or final results that the flexyflow Services deliver to the Client as part of the contract execution.
  • flexyflow Intellectual Property: Without prejudice to clause 7 on Industrial and Intellectual Property, includes but is not limited to: methodologies, processes, frameworks, tools, software, algorithms, templates, formats, structures, know-how, trade secrets, and any other innovation or development created by flexyflow.
  • Reserved Materials: Means the methodologies, processes, tools, frameworks, templates, and any other materials or resources developed or used by flexyflow that are not part of the specific final deliverable to the Client.
  • Services: The set of consulting, development, design, and other services contracted by the Client from flexyflow.
  • Website: The website https://www.flexyflow.co and all its components.
  • Parties: Refers collectively to flexyflow and the Client.

3. Acceptance of the Terms

3.1 Expression of Acceptance

By accessing, browsing, using, or interacting in any way with the flexyflow Website, by contacting us, by requesting information, by contracting our Services, by accepting a commercial proposal, by signing a service contract, by paying us, by providing us with any type of information, file, or data, or by initiating any kind of business relationship with flexyflow, you (hereinafter, “the Client”, “you”, or “your”) declare, accept, acknowledge, and expressly consent to:

  • That you have read, understood, and accept these Terms and Conditions of Use in their entirety, without reservations or conditions.
  • That you are at least 18 years of age or have the full legal capacity and authorization from your legal representative to contract our Services.
  • That you have the necessary faculties to bind yourself under the terms of this document.
  • That the information you provide to flexyflow is truthful, complete, accurate, and up to date.
  • That you understand and accept that by contracting the Services of flexyflow, you accept and are bound by these Terms and Conditions of Use.
  • That you understand and accept that these Terms constitute a legally binding agreement between you and flexyflow.
  • That you accept and acknowledge that flexyflow may modify these Terms at any time in accordance with the provisions of clause 24.

3.2 Acceptance as a Prerequisite

Access to the Website, the contracting of Services, and any business relationship with flexyflow are conditioned upon the prior, express, informed, free, and voluntary acceptance of these Terms. If you do not agree with any part of these Terms, we expressly request that you refrain from:

  • Accessing or using the Website
  • Contracting our Services
  • Providing us with any type of information, data, file, or document
  • Initiating any kind of business relationship with flexyflow

3.3 Acceptance of the Service Contract

Notwithstanding the above, each time the Client contracts the Services of flexyflow through any means (in-person, email, text message, WhatsApp, web form, proposal signature, quotation acceptance, or any other means), it shall be understood that the Client has read, understood, and accepted these Terms and Conditions of Use, as well as any document forming part of the service contract.

4. Object of the Contract

4.1 Services Provided

flexyflow is obligated to provide the following services (as detailed in the specific proposal or contract):

  • Business and management consulting
  • Software and web application development
  • Graphic and web design
  • Digital marketing and social media
  • Content creation
  • Brand and positioning strategy
  • Process optimization
  • Training and education
  • Technical support and maintenance
  • Any other service expressly agreed upon in the specific contract

4.2 Scope of Services

The specific scope of the Services will be detailed in each commercial proposal, quotation, or specific contract entered into between the Parties. These Terms and Conditions constitute the general framework governing all business relationships between flexyflow and the Client. In case of conflict between these Terms and the specific contract, the provisions of the specific contract shall prevail.

4.3 Permissive Character

flexyflow adopts a very permissive and flexible approach in the execution of the Services, reserving the right to adopt the methodologies, tools, processes, and procedures that it deems best to achieve the Client’s objectives, within the limits established in the specific contract and Colombian law.

5. Client Data: Ownership and Treatment

5.1 Absolute Ownership of Data

THIS IS A FUNDAMENTAL AND CRITICAL POINT OF THESE TERMS. Without exception and absolutely, flexyflow is and shall be the sole and exclusive owner of all rights, titles, and interests over all data, information, files, and materials that:

  • Enter the Services of flexyflow: This includes, without limitation, all information, personal data, business data, documents, files, images, videos, audio, texts, databases, spreadsheets, presentations, designs, logos, brands, content, and any other element that the Client provides, sends, uploads, transmits, or in any other way makes enter the Services of flexyflow, whether through the Website, email, third-party platforms, file transfer, or any other means.

  • Are generated by the Services of flexyflow: This includes, without limitation, all analysis, reports, dashboards, metrics, statistics, graphs, conclusions, recommendations, insights, predictions, models, algorithms, processing, data treatment, and any other result or product that is created, developed, generated, or derived as a consequence of providing the Services of flexyflow, regardless of whether it was created using Client Data or not.

  • Leave the Services of flexyflow: This includes, without limitation, all deliverables, final files, documents, reports, products, results, materials, or any other element that the Services of flexyflow deliver, send, or in any other way make available to the Client as part of the contract execution.

5.2 Assignment of Usage Rights

By contracting the Services of flexyflow, the Client grants to flexyflow an irrevocable, permanent, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, exhibit, and display the Client Data and any element provided by the Client, exclusively for the purposes of:

  • Providing the contracted Services
  • Improving and optimizing the Services
  • Developing new services and functionalities
  • Research and analysis
  • Internal purposes of flexyflow
  • Marketing and demonstration (with the limitations established in clause 16 on Confidentiality)

5.3 Assignment of Rights

The Client understands and expressly accepts that, by contracting the Services of flexyflow, the Client is assigning to flexyflow, in a total and permanent manner, all intellectual property rights, copyrights, and any other legal rights over:

  • The Client Data that enters the Services
  • The Generated Data by the Services
  • The Output Data delivered to the Client

This assignment is irrevocable, worldwide, and royalty-free, without prejudice to the usage rights granted to the Client under clause 6 of these Terms.

5.4 No Linkage to Personal Data

The foregoing is understood without prejudice to the rights that may correspond to the Client or third parties whose personal data is part of the Client Data as data subjects. Nevertheless, even in these cases, flexyflow maintains its status as data controller or data processor as applicable, in accordance with Law 1581 of 2012 and other applicable regulations.

5.5 Third-Party Data

In case the Client Data contains, includes, or incorporates personal data of third parties (Client’s employees, suppliers, customers, or any other person), the Client guarantees and is obligated to:

  • Have obtained the prior, express, and informed consent of such third parties for the processing of their personal data by flexyflow
  • Have informed such third parties about the rights they hold under Law 1581 of 2012
  • Have obtained the corresponding authorizations for international data transfer, if applicable
  • Keep flexyflow harmless from any claim, action, or demand from such third parties related to the processing of their personal data

5.6 No Obligation to Disclose

The Client has no obligation to provide flexyflow with any specific data, file, or information. However, if the Client decides to provide data, files, or information, these will be subject to the provisions of this clause 5, including the absolute ownership by flexyflow.

6. Usage License Granted to the Client

6.1 We Grant, Not Assign

Unlike what is established in clause 5 on Data Ownership, flexyflow grants the Client only a usage license, NOT an assignment of rights, over the Output Data and the specific contract deliverables. This license has the following characteristics:

  • Non-exclusive: flexyflow may grant the same licenses to other clients or third parties
  • Non-transferable: The Client may not transfer, assign, or sublicense the rights to third parties without prior written authorization from flexyflow
  • Limited: The license is limited exclusively to the Client’s internal use for the specific purposes of the contract
  • Revocable: The license may be revoked by flexyflow in case of breach by the Client

6.2 Scope of the License

The license granted to the Client allows:

  • Using the Output Data exclusively for the purposes contemplated in the service contract
  • Making minor modifications to the deliverables to adapt them to their internal needs
  • Making backup copies of the deliverables for internal use

6.3 License Restrictions

The Client may NOT:

  • Reproduce, redistribute, or resell the Output Data or any deliverables
  • Use the Output Data to provide services to third parties
  • Transfer, assign, or sublicense the rights to third parties
  • Use the Output Data for purposes competitive with the Services of flexyflow
  • Claim ownership over the Output Data or deliverables

6.4 Reserved Materials

The Reserved Materials of flexyflow are expressly excluded from the license granted to the Client, including methodologies, frameworks, tools, templates, processes, know-how, and any other tool or resource used by flexyflow to execute the Services, but which is not part of the final deliverable.

7. Industrial and Intellectual Property

7.1 flexyflow Property

Without prejudice to what is established in clause 5 on Data Ownership, the Industrial and Intellectual Property of everything created, developed, designed, or produced by flexyflow before, during, or after the execution of the contract belongs exclusively to flexyflow. This includes, without limitation:

  • The flexyflow Website, including its source code, design, content, graphics, logos, brands, and any visual element
  • The methodologies, processes, and procedures used by flexyflow
  • The frameworks, tools, templates, and internal resources used in providing the Services
  • The software, applications, algorithms, and databases developed by flexyflow
  • The trade names, commercial names, and logos of flexyflow
  • All educational, training, or informational materials produced by flexyflow
  • The know-how and trade secrets of flexyflow

7.2 Client’s Trademarks

The trademarks, logos, and other industrial property elements of the Client that the Client provides to flexyflow for the execution of the contract shall remain the exclusive property of the Client. Nevertheless, the Client grants flexyflow a license to use said trademarks exclusively for the purposes of the contract.

7.3 Development of Personalized Elements

In case elements specifically personalized for the Client are developed during the execution of the contract (such as exclusive designs, custom code, specific strategies, etc.), these shall be considered as Output Data and shall be subject to what is established in clauses 5 and 6 of these Terms.

The copyrights over the specific deliverables created for the Client (Output Data) will be shared as follows:

  • flexyflow: Owns the source code, applied methodologies, used tools, and the general structure of the solution
  • Client: Has the right to use the final product for internal purposes, but does not own the source code or underlying elements

7.5 Protection of Intellectual Property

Each Party is obligated to:

  • Protect the intellectual property of the other Party
  • Not use the intellectual property of the other Party for unauthorized purposes
  • Notify the other Party of any unauthorized use of its intellectual property
  • Cooperate in the protection of intellectual property rights

8. Obligations of flexyflow

8.1 Provision of Services

flexyflow is obligated to:

  • Provide the Services in a professional, diligent, and competent manner
  • Destine the human and technical resources necessary for the correct execution of the contract
  • Comply with the deadlines and schedules agreed upon in the specific contract
  • Keep the Client informed about the progress of the work
  • Promptly communicate any circumstance that may affect the execution of the contract
  • Guarantee the quality of the provided Services
  • Safeguard the confidentiality of Client information in accordance with clause 16

8.2 Team and Resources

flexyflow shall freely determine the human team and the technical and material resources necessary for providing the Services, according to the nature and complexity of the project.

8.3 Best Efforts

flexyflow is obligated to employ its best efforts, knowledge, and experience to achieve the Client’s objectives. Nevertheless, flexyflow does not guarantee specific results, unless expressly stated in the specific contract.

flexyflow is obligated to comply with all applicable laws, rules, and regulations in the Republic of Colombia during the provision of the Services.

9. Client Obligations

9.1 General Obligations

The Client is obligated to:

  • Provide flexyflow with all information, data, files, and materials necessary for the correct execution of the contract
  • Guarantee that the information provided to flexyflow is truthful, complete, accurate, and up to date
  • Collaborate with flexyflow and facilitate access to the resources, systems, and information necessary for providing the Services
  • Provide timely access to their facilities, systems, and personnel when necessary
  • Review and approve deliverables within the agreed timeframes
  • Make payments in accordance with what is established in the specific contract
  • Maintain the confidentiality of flexyflow’s information in accordance with clause 16
  • Comply with all obligations established in these Terms and in the specific contract

9.2 Complete and Timely Information

The Client understands and accepts that the quality and timeliness of the deliverables depends on the provision of complete, clear, and timely information by the Client. flexyflow shall not be liable for delays or deficiencies in the deliverables arising from incomplete, inaccurate, or untimely information provided by the Client.

9.3 Authorizations and Permits

The Client is responsible for obtaining all authorizations, permits, licenses, and consents necessary for flexyflow to provide the Services, including but not limited to:

  • Authorizations for the use of the Client’s trademarks, logos, and industrial property elements
  • Permits for access to the Client’s systems, platforms, and tools
  • Third-party consents whose personal data will be processed
  • Any other authorization necessary for the execution of the contract

9.4 Client Indemnification

The Client is obligated to keep harmless, defend, and indemnify flexyflow, its directors, employees, agents, and contractors, from any and all claims, demands, actions, losses, liability, damages, costs, or expenses (including attorney fees) arising from:

  • The Client’s breach of any obligation established in these Terms or in the specific contract
  • The falseness or incorrectness of the information provided by the Client
  • Any third-party claims related to the Client Data or materials provided by the Client
  • The Client’s breach of any law, rule, or regulation

10. Price and Payment Terms

10.1 Price of Services

The price of the Services shall be as established in the commercial proposal, quotation, or specific contract entered into between the Parties. Prices shall be expressed in Colombian pesos (COP) or US dollars (USD), as indicated in the specific contract.

10.2 Payment Method

The Client shall make payments in accordance with the method and timeframe established in the specific contract. Accepted payment methods include, but are not limited to:

  • National or international bank transfer
  • Bank deposit
  • Payment through online payment platforms
  • Cash (only for in-person payments)
  • Any other means expressly agreed upon between the Parties

10.3 Advances and Prepayments

flexyflow may request prepayment of a part or all of the Services before beginning the execution of the contract. The Client accepts and acknowledges that advance payments are non-refundable, unless expressly agreed otherwise.

10.4 Invoicing

flexyflow shall issue the corresponding invoices or payment receipts in accordance with current Colombian tax regulations. The Client is obligated to provide the necessary fiscal and tax information for issuing the documents.

10.5 Taxes

The prices of the Services do not include taxes. The Client shall be responsible for all applicable taxes, including but not limited to VAT, withholding tax, and any other tax or tribute that may apply.

10.6 Late Payment

In case of late payment, the Client shall pay to flexyflow:

  • Late interest at the maximum legally permitted rate
  • Judicial and extrajudicial collection costs, including attorney fees
  • Any other expense incurred by flexyflow for collecting the amounts owed

10.7 Suspension of Services

In case of late payment by the Client, flexyflow shall have the right to:

  • Suspend the execution of the Services until the Client makes the complete payment
  • Terminate the contract ipso jure, without the need for prior judicial demand
  • Retain the Client’s deliverables, materials, and documentation until complete payment is made

11. Timelines and Deliveries

11.1 Delivery Timelines

The delivery timelines shall be as established in the specific contract. Said timelines shall be computed from the date flexyflow receives the corresponding payment and all the necessary information for the execution of the contract.

11.2 Excluded Factors

The delivery timelines indicated by flexyflow are estimates and may be extended in case of:

  • Delay in providing information, data, or materials by the Client
  • Changes, modifications, or adjustments requested by the Client during the project execution
  • Unforeseeable technical or technological difficulties
  • Force majeure or acts of God
  • Delay in the approval of deliverables by the Client
  • Any other circumstance beyond the control of flexyflow

11.3 Receipt and Approval of Deliverables

The Client shall have a period of 5 business days (or the period indicated in the specific contract) to review and approve each deliverable. Upon expiration of this period without the Client having presented written and specific objections, it shall be understood that the deliverable has been irrevocably approved.

11.4 Included Revisions

Unless the specific contract states otherwise, up to 2 rounds of revisions per deliverable are included. Additional revisions shall be subject to additional charges.

12. Warranties and Disclaimer

12.1 Service Warranty

flexyflow warrants that:

  • It provides the Services with diligence, professionalism, and in accordance with industry standards
  • It has the qualified personnel and necessary resources for providing the Services
  • It shall comply with the specifications and requirements established in the specific contract
  • It shall safeguard the Client’s confidential information in accordance with clause 16

12.2 Disclaimer

SUBJECT TO WHAT IS ESTABLISHED BY COLOMBIAN LAW, the Services and their results are provided “AS IS”, without warranties of any kind, whether express or implied. flexyflow does not warrant that:

  • The results of the Services shall specifically meet the Client’s expectations or needs
  • The Website or Services shall operate uninterrupted, free of errors, or completely secure
  • Errors, defects, or problems in the Services shall be corrected
  • The Services shall be available at all times without interruption
  • The results of the Services shall be accurate, reliable, or complete

12.3 Proper Use of Results

The Client is solely responsible for:

  • Verifying that the results of the Services meet their needs and expectations
  • Using the results of the Services properly and for the intended purposes
  • Implementing the recommendations or solutions delivered by flexyflow
  • Making business decisions based on the results of the Services

12.4 Third-Party Warranties

flexyflow offers no warranties on third-party products, services, or platforms, including but not limited to hosting, domains, software, tools, or any other third-party service.

13. Limitation of Liability

13.1 Maximum Liability

THE TOTAL LIABILITY OF flexyflow towards the Client, for any reason, including but not limited to direct, indirect, incidental, special, consequential, exemplary, or punitive damages, shall be limited to the total value effectively paid by the Client to flexyflow under the specific contract.

13.2 Excluded Damages

Under no circumstances, and to the maximum extent permitted by Colombian law, shall flexyflow be liable for:

  • Indirect damages: Loss of profits, loss of revenues, loss of clients, loss of data, loss of business opportunities, even if flexyflow has been informed of the possibility of such damages.
  • Business interruption damages: Any loss of opportunity, business interruption, or reputational damage.
  • Damages from third-party errors: Problems, errors, or failures caused by third parties, including hosting providers, domain providers, software, or any other external service.
  • Damages from improper use: Problems arising from the improper use of the results of the Services by the Client.
  • Damages from Client decisions: Decisions made by the Client based on the results of the Services.
  • Force majeure damages: Any damage arising from force majeure or acts of God.

13.3 Events Beyond Our Control

flexyflow shall not be liable for the breach or delay in the fulfillment of any of its obligations when such breach or delay is caused by factors beyond its reasonable control, including but not limited to:

  • Natural disasters, floods, earthquakes, pandemics
  • Wars, terrorist acts, civil unrest
  • Government decisions, regulatory changes
  • Public utility failures, electricity, telecommunications
  • Cyber attacks, viruses, ransomware
  • Any other cause beyond the reasonable control of flexyflow

13.4 Claim Notification

Any claim against flexyflow must be notified in writing within 10 business days following the date the Client had or should have had knowledge of the event giving rise to the claim. Upon expiration of this period, the Client shall lose the right to present any claim.

14. Termination of the Contract

14.1 Ordinary Termination

The service contract shall terminate:

  • Upon fulfillment of the Parties’ obligations
  • By mutual agreement between the Parties
  • Upon expiration of the agreed term

14.2 Early Termination by the Client

The Client may terminate the contract early by written communication sent to flexyflow with at least 15 business days notice. In case of early termination:

  • The Client shall pay for all Services provided up to the termination date
  • The Client shall pay 30% of the contract value as a penalty for early termination
  • The Client shall not be entitled to a refund of advance payments
  • The Client shall return all materials, documentation, and deliverables provided by flexyflow

14.3 Early Termination by flexyflow

flexyflow may terminate the contract early by written communication to the Client:

  • Without penalty to flexyflow in case of Client breach
  • When the Client provides false, incomplete, or misleading information
  • When the Client does not provide the necessary information or collaboration within 30 days of being requested
  • When the Client breaches any payment obligation
  • When the Client violates any provision of these Terms

14.4 Effects of Termination

In case of termination, for any reason:

  • The Client shall pay all amounts owed to flexyflow for Services provided up to the termination date
  • The intellectual property rights of flexyflow established in clause 7 shall remain in force
  • The confidentiality obligations established in clause 16 shall remain in force
  • flexyflow shall retain the right to keep copies of the Output Data for its records
  • flexyflow shall provide the Client with the Output Data generated up to the termination date, subject to payment of all outstanding amounts

15. Website Use

15.1 Access and Use of the Website

Access to the flexyflow Website is granted in accordance with these Terms. The Client agrees to:

  • Use the Website solely for lawful purposes
  • Not engage in illegal activities or activities contrary to Colombian law
  • Not attempt unauthorized access to the Website’s systems, servers, or databases
  • Not introduce or spread malicious software, viruses, or any other harmful code
  • Not impersonate identities or falsify personal or professional affiliations
  • Not engage in activities that may damage, disable, overload, or prejudice the Website
  • Not interfere with other users’ use of the Website
  • Not collect information from other users without their consent
  • Not use robots, spiders, scrapers, or any other automated tool to access the Website

15.2 User Accounts

In case the Website allows account creation:

  • The user shall be responsible for maintaining the confidentiality of their access credentials
  • The user agrees to immediately notify any unauthorized use of their account
  • flexyflow reserves the right to suspend or cancel accounts that violate these Terms
  • The user is responsible for all activity conducted with their account

15.3 Website Content

All content on the Website, including texts, images, logos, brands, designs, software, and any other element, is the property of flexyflow or its licensors and is protected by Colombian and international copyright and intellectual property laws.

The Website may contain links to third-party websites. flexyflow is not responsible for the content, policies, or practices of said sites. Access to third-party sites is at the user’s sole risk.

16. Confidentiality

16.1 Confidential Information

The following is considered “Confidential Information” of each Party:

  • All technical, commercial, financial, business, and any other information that one Party (“Disclosing Party”) provides, discloses, or communicates to the other Party (“Receiving Party”)
  • The terms and conditions of the specific contract
  • The Client Data
  • The methodologies, processes, tools, and know-how of flexyflow
  • All information marked as “confidential” or that should reasonably be understood as confidential

16.2 Exceptions

The following is not considered Confidential Information:

  • Information that is in the public domain without breach of this Agreement
  • Information that the Receiving Party can demonstrate it already knew before receiving it
  • Information that the Receiving Party receives from a third party without a confidentiality obligation
  • Information that the Receiving Party must disclose by legal or judicial requirement

16.3 Confidentiality Obligations

The Receiving Party is obligated to:

  • Maintain the Confidential Information in strictest confidence
  • Not disclose the Confidential Information to third parties without prior written authorization from the Disclosing Party
  • Not use the Confidential Information for purposes other than those contemplated in the contract
  • Protect the Confidential Information with the same degree of care used to protect its own confidential information
  • Limit access to the Confidential Information to its employees and contractors who need to know it

16.4 Disclosure Required by Law

In case the Receiving Party is required by law to disclose Confidential Information, it shall notify the Disclosing Party in advance (if the law permits) and limit the disclosure to what is strictly required.

16.5 Duration of Confidentiality

The confidentiality obligations shall remain in force throughout the term of the contract and for a period of 5 years after its termination.

16.6 Return of Confidential Information

Upon termination of the contract, each Party shall return or destroy (as required by the Disclosing Party) all Confidential Information of the other Party, including all copies.

17. Personal Data Protection

17.1 Personal Data Processing

The processing of personal data by flexyflow shall be governed by the provisions of the flexyflow Privacy Policy, which is an integral part of these Terms.

17.2 Client Responsibilities as Data Controller

In case the Client provides flexyflow with personal data of third parties (employees, customers, suppliers, etc.) for the execution of the contract:

  • The Client acts as Data Controller and flexyflow as Data Processor
  • The Client guarantees that it has obtained all necessary authorizations for the processing of said data
  • The Client keeps flexyflow harmless from any claim from the data subjects

17.3 Processing by flexyflow as Data Controller

In case flexyflow collects personal data directly from the Client:

  • flexyflow shall act as Data Controller
  • The processing shall be carried out in accordance with Law 1581 of 2012 and the flexyflow Privacy Policy
  • The Client has the rights established in said policy

17.4 Data Processing Agreement

When the processing of personal data requires it, the Parties shall execute a Personal Data Processing Agreement in accordance with article 13 of Decree 1377 of 2013.

18. Dispute Resolution

18.1 Direct Negotiation

The Parties agree that any controversy or conflict arising from the interpretation, execution, or fulfillment of these Terms or the specific contract shall first be resolved through direct and good-faith negotiation between the Parties.

18.2 Mediation

If the controversy cannot be resolved through direct negotiation within 15 business days following the date one Party notifies the other of the existence of the controversy, the Parties may agree to submit the controversy to a mediation process.

18.3 Arbitration

If the controversy cannot be resolved through negotiation or mediation, the Parties agree that the controversy shall be resolved through arbitration:

  • National arbitration in the city of Cali, Colombia
  • Arbitral Tribunal composed of 1 arbitrator
  • Arbitrator: A Colombian law professional with at least 10 years of experience
  • Procedure: In accordance with the rules of the Chamber of Commerce of Cali
  • Language: Spanish
  • Cost: Each Party shall pay half of the arbitration costs

18.4 Jurisdiction

Notwithstanding the above, either Party may initiate judicial actions for:

  • Requesting urgent precautionary measures
  • Debt collection
  • Protection of intellectual property rights
  • Any other action that cannot be resolved through arbitration

18.5 Applicable Law

These Terms are governed and interpreted in accordance with the laws of the Republic of Colombia.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, commercial proposal, quotation, and any other document forming part of the specific contract, constitute the complete agreement between the Parties regarding the object of the contract and supersede any prior agreement, oral or written.

19.2 Severability

If any provision of these Terms is declared invalid, illegal, or unenforceable by a competent court, said provision shall be separated from the other Terms, which shall remain in force and applicable to the maximum extent permitted by law.

19.3 No Waiver

The fact that flexyflow does not demand compliance with any provision of these Terms at a given time shall not constitute a waiver of flexyflow’s right to demand such compliance in the future.

19.4 Assignment

The Client may not assign, transfer, or subrogate its rights or obligations under these Terms without the prior written consent of flexyflow. flexyflow may assign these Terms or any of its rights or obligations to any third party at any time without the Client’s consent.

19.5 Independence

The Parties are independent from each other. Nothing established in these Terms creates a partnership, joint venture, agency, representation, or employment relationship between the Parties.

19.6 Force Majeure

Neither Party shall be liable for the breach or delay in the fulfillment of its obligations when such breach or delay is caused by force majeure or acts of God, in accordance with the Colombian Civil Code.

19.7 Notices

All notices, communications, or requests related to these Terms must be made in writing and shall be considered validly sent when delivered personally, sent by email with acknowledgment of receipt, or sent by certified mail to the addresses indicated in the specific contract.

19.8 Modifications

flexyflow may modify these Terms at any time, at its sole discretion, without prior notice.

20. Final Provisions

20.1 No Employment Relationship

The relationship between the Parties is strictly commercial. These Terms do not create and shall not be interpreted as creating an employment, agency, representation, or any other relationship different from that of independent contractors.

20.2 Indemnification

The Client shall indemnify, defend, and hold harmless flexyflow, its officers, directors, employees, agents, and contractors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • The breach of any obligation of the Client under these Terms
  • The Client’s use of the Services
  • Any third-party claims related to the Client Data

20.3 Software and Technology

The Client understands and accepts that flexyflow’s Services may use third-party software, tools, and technologies. The Client shall comply with all applicable license terms for such third-party components.

20.4 Electronic Communications

The Client agrees that agreements, notices, and communications electronically sent (including email and messages through the Website) shall have the same legal validity as written communications.

20.5 Headers

The titles and headings of the clauses of these Terms are solely for convenience and reference and shall not affect the interpretation of these Terms.

20.6 Multiple Rights

flexyflow’s rights under these Terms are cumulative and do not exclude any other rights or remedies that may be available under the law or otherwise.

These Terms have been prepared in accordance with:

  • Political Constitution of Colombia (Articles 15, 20, 74)
  • Colombian Civil Code (Law 84 of 1873)
  • Colombian Commercial Code (Decree 410 of 1971)
  • Law 1480 of 2011 (Consumer Statute)
  • Law 1581 of 2012 (Personal Data Protection)
  • Decree 1377 of 2013 (Regulation of Law 1581)
  • Law 256 of 1996 (Unfair Competition)
  • Law 599 of 2000 (Criminal Code - Computer Crimes)
  • Law 1273 of 2009 (Computer Crimes)
  • Law 2227 of 2008 (Commercial Instruments)
  • Decree 1074 of 2015 (Single Decree of the Commerce Sector)
  • All other related and amending regulations

22. Contact Information

For any inquiry, question, claim, or question related to these Terms and Conditions, you may contact us:

flexyflow

Email: info@flexyflow.co Phone: +57 318 868 6712 WhatsApp: +57 318 868 6712 Address: Valle del Cauca, Colombia

Business Hours: Monday to Friday, 8:00 AM - 6:00 PM (Colombia time) Website: https://www.flexyflow.co

23. Express Acceptance

IMPORTANT - PLEASE READ CAREFULLY

By contracting the Services of flexyflow, by signing any commercial document with flexyflow, by accepting any proposal or quotation from flexyflow, by making any payment to flexyflow, by providing any type of information, file, or data to flexyflow, or by initiating any kind of business relationship with flexyflow, the Client DECLARES AND CONFIRMS THAT:

  1. HAS READ, UNDERSTOOD, AND ACCEPTED IN THEIR ENTIRETY these Terms and Conditions of Use
  2. UNDERSTANDS AND ACCEPTS that the ownership rights over all data, information, and materials that enter, are generated, or leave the Services belong EXCLUSIVELY to flexyflow
  3. UNDERSTANDS AND ACCEPTS that flexyflow grants only a limited usage license over the final deliverables
  4. ACKNOWLEDGES that these Terms constitute a legally binding and enforceable agreement
  5. ACCEPTS to be bound by these Terms and Conditions of Use
  6. HAS THE LEGAL CAPACITY to bind itself under the terms established herein
  7. PROVIDES EXPRESS CONSENT for flexyflow to process their personal data in accordance with the Privacy Policy

24. Modifications to the Terms

24.1 Right to Modification

flexyflow reserves the right to modify, update, or amend these Terms and Conditions at any time, at its sole discretion, without prior notice.

24.2 Updates

Modifications may include, among others:

  • Changes in the prices of the Services
  • Changes in the payment terms
  • Changes in the delivery timelines
  • Changes in the warranties and limitation of liability
  • Changes in the intellectual property rights
  • Changes in the dispute resolution procedures
  • Incorporation of new services or functionalities

24.3 Notification of Changes

flexyflow shall notify changes through:

  • Publication of the new version on the Website
  • Update of the “Last Updated” date
  • Notification by email (if the Client has provided their address)
  • Communication through any contact means provided by the Client

24.4 Acceptance of Changes

The continued use of the Services after the publication of any modification constitutes express and irrevocable acceptance of the modified Terms.

24.5 Previous Terms

Previous versions of these Terms shall be without effect upon publication of the new version. The Client may request information about previous versions through written communication to flexyflow.

Effective Date: April 1, 2026

Last Updated: April 1, 2026

Version: 2.0

Thank you for trusting flexyflow.

By contracting our Services, you accept and acknowledge that you have read, understood, and accept these Terms and Conditions of Use in their entirety.

The business relationship between you and flexyflow is based on trust, transparency, and mutual commitment to excellence.

If you have any questions about these Terms and Conditions, please do not hesitate to contact us.