These Terms and Conditions ("Terms") govern your access to and use of the Flamingo platform, website, and related services (collectively, the "Services") provided by Flamingo Technologies, Inc. ("Flamingo," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using any Flamingo Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree with any part of these Terms, you must discontinue use of the Services immediately. We may update these Terms from time to time as described in Section 13.
2. Description of Services
Flamingo provides an Employer of Record (EOR) platform that enables businesses to hire, manage, and pay employees in multiple countries without establishing a local legal entity. Our Services include, but are not limited to:
- Employer of Record services — acting as the legal employer for your international workforce for payroll, tax, and compliance purposes
- Global payroll processing — calculating, withholding, and disbursing salaries in local currencies across supported countries
- Employment contract management — generating and maintaining locally compliant employment agreements
- Benefits administration — enrolling employees in mandatory and supplementary benefits packages as required by local law
- Compliance and regulatory support — ensuring adherence to local labor laws, tax regulations, and reporting requirements
- Employee onboarding and offboarding — managing the administrative lifecycle of international employees
Flamingo is not a law firm, accounting firm, or tax advisory service. Our compliance support is limited to the administrative and operational aspects of employment and does not constitute legal, tax, or financial advice.
3. User Accounts
3.1 Registration
To access the Services, you must register for an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account types
Flamingo offers different account types for employers (companies hiring through our platform) and employees (individuals employed through our EOR services). The features available to you depend on your account type and subscription plan.
3.3 Account security
You must notify Flamingo immediately of any unauthorized use of your account or any other breach of security. Flamingo will not be liable for any loss or damage arising from your failure to protect your account credentials.
4. Payment Terms
4.1 Fees
Flamingo charges fees for its Services as described on our pricing page or in your service agreement. Fees may include a monthly per-employee charge for EOR services, one-time setup fees, and charges for optional add-on services.
4.2 Invoicing and payment
Invoices are issued monthly and are due within the timeframe specified on the invoice (typically 15 days from the invoice date). Payments may be made via bank transfer, credit card, or other methods we make available. All fees are quoted in the currency specified in your agreement.
4.3 Late payments
Late payments may incur interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower). Flamingo reserves the right to suspend Services for accounts with invoices overdue by more than 30 days.
4.4 Refunds
Fees for Services already rendered are non-refundable. Unused prepaid Services may be eligible for a prorated refund at our sole discretion.
5. Intellectual Property
All content, features, and functionality of the Flamingo platform — including but not limited to text, graphics, logos, icons, images, software, and their compilation — are the exclusive property of Flamingo Technologies, Inc. and are protected by international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform for its intended purpose during the term of your subscription. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any part of the platform without our prior written consent.
6. User Obligations
6.1 Permitted use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
- Use the Services in any way that violates applicable laws or regulations
- Submit false, inaccurate, or misleading information about employees or your company
- Use the Services to employ individuals for illegal activities
- Attempt to gain unauthorized access to any part of the platform
- Interfere with or disrupt the integrity or performance of the platform
- Resell, sublicense, or redistribute access to the Services without written permission
6.2 Employer responsibilities
As an employer using our EOR services, you are responsible for providing accurate employee information, defining employment terms within legal boundaries, communicating job expectations to employees, and funding payroll in a timely manner. Flamingo acts as the administrative employer of record; day-to-day work direction remains your responsibility.
7. Data & Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, store, and protect personal data. By using the Services, you consent to the data practices described in our Privacy Policy.
Given the nature of our EOR services, Flamingo processes sensitive personal data including employment records, tax identification numbers, bank account details, and government-issued identification. We implement appropriate technical and organizational measures to safeguard this data in compliance with GDPR, CCPA, and other applicable data protection laws.
8. Service Availability
Flamingo strives to provide continuous, uninterrupted access to the platform. However, the Services are provided "as is" and we do not guarantee that access will be uninterrupted, timely, or error-free.
We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice. Scheduled maintenance windows will be communicated in advance when possible. We are not liable for any disruption caused by circumstances beyond our reasonable control (force majeure).
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- Flamingo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services
- Our total aggregate liability for any claims arising from these Terms or the Services shall not exceed the total fees you paid to Flamingo in the 12 months preceding the event giving rise to the claim
- We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Flamingo, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Inaccurate or misleading information you provided to us
- Your use of the Services in a manner not authorized by Flamingo
11. Termination
11.1 By you
You may terminate your account at any time by providing written notice to Flamingo. Upon termination, you remain responsible for all outstanding fees and obligations related to active employees until their employment is properly concluded in accordance with local labor laws.
11.2 By Flamingo
Flamingo may suspend or terminate your account if you breach these Terms, with notice where practicable. We will make reasonable efforts to help transition active employees in the event of termination.
11.3 Effect of termination
Upon termination: (a) your right to access the platform ceases; (b) outstanding invoices become immediately due; (c) we will cooperate to wind down active employments in compliance with local laws; (d) Sections 5, 9, 10, and 12 survive termination.
12. Governing Law & Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any dispute arising from these Terms or the Services shall first be addressed through good-faith negotiation. If negotiation fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English and held in Wilmington, Delaware.
You agree to waive any right to a jury trial or to participate in a class action lawsuit. Claims must be brought in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.
13. Changes to Terms
Flamingo reserves the right to modify these Terms at any time. We will notify registered users of material changes via email or a prominent notice on the platform at least 30 days before the changes take effect.
Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms. If you disagree with any changes, you must stop using the Services and terminate your account.
14. Contact
If you have questions about these Terms, please contact us:
- Email: legal@flamingo.com
- Address: Flamingo Technologies, Inc., 123 Market Street, Suite 400, San Francisco, CA 94105, United States