Terms & Conditions

This agreement applies as between you, the User of our website www.fluxware.net and web application app.fluxware.net ("Services") operated by Fluxware LTD of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX ("Fluxware", "we", "us", or "our").

Your agreement to comply with and be bound by these Terms and Conditions (these "Terms") is deemed to occur upon your first use of the Service. If you do not agree to be bound by these terms and conditions, you should stop using the Services immediately.

ACCEPTANCE
1. Please read these Terms, our Privacy Policy and Cookie Policy, and all applicable supplemental terms (collectively, the "terms") carefully, as they contain terms and conditions that impact your rights, obligations, and remedies in connection with your use of the Services and content.
2. We reserve the right to change these terms at any time.
3. By accessing, browsing and/or using the Services after updates to these terms have been posted, you agree to be bound by the updated terms.
4. Your failure to comply with these Terms may result in the suspension or termination of your access to the Services and may subject you to civil and criminal penalties.
PURCHASES
1. If you wish to purchase any of our products or service ("Purchase"), you may send us a query in any of the following ways:
  1. via the contact form,
  2. via live chat at app.fluxware.net,
  3. send the request directly at [email protected].
2. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
3. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
4. To the extent permitted by applicable law, payments are non-refundable.
GENERAL CONDITIONS
1. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
2. The Services are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to our Services ("License").
3. We may provide you with certain information because of your use of the Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Services ("Content").
4. Subject to 2.2 above, we grant you a License to use our Content solely in connection with your use of the Services. Our Content may not be used for any other purpose, and this license terminates upon your cessation of use of the Services or at the termination of this Agreement.
5. You agree that the Services provided by us are the property of Fluxware, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("IP"). You agree that we own all rights, title, and interest in and to our IP and that you will not use our IP for any unlawful or infringing purpose.
6. You agree not to reproduce or distribute our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
USER OBLIGATIONS
1. As a user of the Services, you may be asked to supply Personal Data to us. You are responsible for ensuring the accuracy of this information.
2. You are responsible for maintaining the safety and security of your Personal Data as well as keeping us apprised of any changes to your Personal Data.
3. If you provide any material to our Services ("User Content") you agree to grant us permission, to use the User Content to provide you our Services.
4. You own your User Content at all times, and you continue to have the right to use it in any way you choose.
5. By providing any User Content to our Services you confirm that:
  1. you are authorised to provide it to our Services and that you have the right to give us permission to use it for the purposes set out in these Terms;
  2. it will not contain or promote anything illegal, harmful, or anything else that might cause widespread offence or bring us into disrepute;
  3. it does not take away or affect any other person's privacy rights, contract rights or any other rights;
  4. it does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Services.
6. If you do not want to grant us the permissions set out above, please do not provide any material to our Services.
DATA PROTECTION
1. We will collect and process information relating to the Service in accordance with our privacy policy and our auxiliary policies and under consideration of the DPA and GDPR.
2. We will entrust only such employees and advisers with the data processing who have been bound to confidentiality and have previously been familiarised with the data protection provisions relevant to their work.
3. We and any person acting under our authority who has access to personal data may only process that data in accordance with your instructions unless otherwise required to do so by law and to provide our Services.
4. We agrees to the implementation and observance of all technical and organisational measures necessary for this Agreement in accordance with the DPA and GDPR.
5. We will regularly monitor our internal processes as well as the Technical and organisational measures to ensure that the processing is executed in accordance with the requirements of the DPA and GDPR and that the rights of Service Users are protected.
ACCEPTABLE USE
1. You agree not to use the Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Services in any way that could damage the Services, or general business of Fluxware.
2. You further agree not to use the Services:
  1. to harass, abuse, or threaten others or otherwise violate any person's legal rights.
  2. to violate any of our intellectual property rights or any third party.
  3. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
  4. to perpetrate any fraud.
  5. to unlawfully gather information about others.
ASSUMPTION OF RISK
1. The Services are provided for communication purposes only. You acknowledge and agree that any information posted on our Services is not intended to be advice of any kind.
2. You further agree that your use of any of the Services is at your own risk.
3. We do not assume responsibility or liability for any advice or other information given on the Website.
NO PROMISES
1. To the fullest extent permitted by applicable law, we hereby make no specific guarantee or warranty of any kind and exclude all promises, whether express or implied, including any promises that use of our Services will achieve any specific results.
2. You agree that your use of the Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis.
3. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
4. We make no warranties that the Services will meet your needs or that the Services will be uninterrupted, error-free, or secure.
5. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. use of, or inability to use our Services; use of or reliance on any User Content displayed on our Services;
  2. any malfunction and non-accessibility of our Services caused by the force majeure, e.g. third-party acting, hacker-attacks, software or hardware failure;
  3. any claims between the users.
6. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Services is your sole responsibility and that we are not liable for any such damage or loss.
REVERSE ENGINEERING AND SECURITY
1. You agree not to undertake any of the following actions:
  1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Services.
  2. Violate the security of the Services through any unauthorised access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
TECHNICAL REQUIREMENTS
1. You acknowledge that it is your responsibility to confirm and determine that the Services end-user device on which you intend to use our Services satisfies the technical specifications required.
2. We reserve the right to modify the technical specifications of our Services as it sees appropriate at any time.
COMPLAINTS AND TECHNICAL ISSUES
1. In case there is a technical issue or you have a complaint regarding any part of our Services you must notify us about such issue or complaint and we will consequently investigate circumstances of described problem and inform you about the result of it and about the steps we will take.
2. We will do our best to respond to your complaint within 30 days after we receive such a complaint. You are not entitled to be reimbursed for any costs related to the complaint.
INDEMNIFICATION

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the Services, your breach of this Agreement, or your conduct or actions.

EXCLUSION OF LIABILITY
1. You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
2. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Services including loss of data or information or any kind of financial or physical loss or damage.
3. In no event shall Fluxware, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use our Services; (ii) any conduct or content of any third party on the our Services; (iii) any content attained from our Services; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
TERM, TERMINATION AND SUSPENSION

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of these Terms, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

GENERAL PROVISIONS
1. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Fluxware will bind and inure to any assignees, administrators, successors, and executors.
2. If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
3. Headings of parts and sub-parts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.
4. No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
5. We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
6. If any part or sub-part of this Agreement is held invalid or unenforceable, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
7. The terms herein will be governed by and construed by the laws of England and Wales without giving effect to any principles of conflicts of law. The Courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the Services.