Terms of Service

1. Acceptance of terms

By creating an account, clicking "I agree," or otherwise accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Eligibility & accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@fluxionmarketing.io of any unauthorized use of your account.

3. Description of services

Fluxion Marketing provides a workflow automation and analytics platform that allows users to connect data sources, build automated processes, and view related analytics. We may add, modify, or discontinue features of the Services at any time, and we will provide reasonable notice of any material adverse change where practicable.

4. Subscriptions & payment

Certain features of the Services require a paid subscription. By subscribing, you agree to pay the applicable fees as described at the time of purchase. Unless otherwise stated:

• Subscription fees are billed in advance on a recurring basis (monthly or annually) and are non-refundable except as required by law or as expressly stated in these Terms;
• Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date;
• We may change our pricing with at least 30 days' notice, effective at your next renewal;
• You are responsible for any applicable taxes, and fees are exclusive of such taxes unless stated otherwise.

5. Acceptable use

You agree not to use the Services to:

• Violate any applicable law or regulation;
• Infringe the intellectual property, privacy, or other rights of any third party;
• Transmit malware, spam, or engage in any activity that disrupts or degrades the Services;
• Attempt to gain unauthorized access to the Services, other accounts, or related systems or networks;
• Reverse engineer, decompile, or attempt to extract the source code of the Services, except as permitted by law;
• Use the Services to build a competing product or for any unlawful, harmful, or fraudulent purpose.

We reserve the right to investigate and take appropriate action against anyone who violates this section, including suspending or terminating access to the Services.

6. Customer content

"Customer Content" means any data, files, or information you or your authorized users submit to the Services. You retain all ownership rights in your Customer Content. You grant Fluxion Marketing a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely as necessary to provide and improve the Services, and as otherwise permitted under our Privacy Policy. You represent that you have all rights necessary to grant this license and that your Customer Content does not violate any third-party rights or applicable law.

7. Intellectual property

The Services, including all software, design, text, graphics, and other content (excluding Customer Content), are owned by Fluxion Marketing or our licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. No other rights are granted.

8. Third-party services

The Services may allow you to connect to third-party applications and services ("Third-Party Services"). Your use of any Third-Party Service is governed by that provider's own terms, and Fluxion Marketing is not responsible for the availability, accuracy, or practices of any Third-Party Service.

9. Suspension & termination

You may cancel your account at any time through your account settings or by contacting us. We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have violated these Terms, pose a security risk, or if required by law. Upon termination, your right to use the Services will immediately cease, though certain provisions of these Terms will survive termination, including Sections 7, 10, 11, 12, and 13.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLUXION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLUXION'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO FLUXION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fluxion Marketing and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your Customer Content, or your violation of these Terms.

13. Governing law & dispute resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in court for infringement of intellectual property rights. You and Fluxion Marketing each waive the right to a jury trial and to participate in a class action.

14. General provisions

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Fluxion Marketing regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision will not be considered a waiver. We may update these Terms from time to time; material changes will be notified as described in our Privacy Policy. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Contact us

Questions about these Terms should be directed to:

• Email: legal@fluxionmarketing.io
• Mail: Fluxion Marketing, Inc., Attn: Legal Department, 548 Market Street, Suite 62910, San Francisco, CA 94104, United States