Acceptance of these terms
Using Fluxion means agreeing to this. If you're signing for a company, you need the authority to.
Summary only - the clause below is what bindsThese Terms of Service (the “Terms”) form a binding agreement between you and Fluxion, Inc. (“Fluxion”). By creating an account, connecting a tool, or otherwise using the service, you accept these Terms.
If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity. If you do not have that authority, or do not agree, do not use the service.
The service is offered to businesses in the United States, and prices are in US dollars.
The service
Fluxion reads your tools, computes figures, and explains them. It does not act for you.
Summary only - the clause below is what bindsFluxion connects to the business tools you authorise, computes figures from them in code, and uses artificial intelligence to explain those figures in plain language - as a daily brief, a live dashboard, insights, reports and answers to your questions.
The service reads. It does not act. Fluxion does not move money, sign anything, or modify records in any connected tool. Any action arising from what Fluxion shows you is taken by you.
Where the product lets you email one of your own customers, the message is written and sent by you, through a sending account you connect for that purpose. You are the sender of that email and are responsible for its content and for complying with the laws that apply to it.
We may modify, add to or discontinue features over time. Where a change materially reduces functionality you rely on, we will give reasonable notice.
Accounts and workspaces
One account per person, one workspace per company. The owner decides who gets in and what they see.
Summary only - the clause below is what bindsAn account belongs to one person and is identified by its email address, which cannot be changed. A workspace represents one company. You are responsible for the accuracy of the information in your account, for the security of your credentials, and for the acts and omissions of everyone you invite to your workspace.
You must have the right to connect each tool you authorise, and the authority to permit Fluxion to read, store and use the data in it as these Terms and the Privacy Policy describe. You must notify us promptly at security@fluxion.co of any unauthorised use of your account.
Each workspace has one owner. The owner can invite and remove members, change their roles, decide which screens each role can open, and transfer ownership to another member. Removing a member ends their access to that workspace immediately.
Acceptable use
Don't break the law, don't connect data you have no right to, don't attack the service.
Summary only - the clause below is what bindsYou agree not to:
- Use the service in violation of any applicable law or regulation.
- Connect a tool containing data you are not permitted to access or disclose.
- Attempt to gain unauthorised access to the service, other customers' data, or the underlying infrastructure.
- Probe, scan or test the vulnerability of the service without our written permission.
- Copy, extract or scrape data from the service in bulk, or reverse engineer it.
- Work around the limits of your plan, including by sharing one account between several people.
- Resell, sublicense or make the service available to a third party except as expressly permitted.
- Represent Fluxion's output as audited, certified, or as professional advice of any kind.
We may suspend access without notice where we reasonably believe continued use presents a risk to the service, to other customers, or to us.
Plans and billing
Each workspace has its own plan. Pay in advance, cancel any time, keep access to the end of what you paid for.
Summary only - the clause below is what bindsEach workspace needs its own plan. Plans are billed in advance for each billing period at the price shown when you subscribe, in US dollars. Fees are exclusive of taxes, which are added where required.
Each plan carries limits - such as the number of members, connected tools, questions per day and reports per month - which are shown on the pricing page and in the product. When a limit is reached, the service will say so rather than exceed it; you may move to a larger plan at any time.
A free trial, where offered, is available once per workspace and lasts for the period shown when it starts. A trial becomes a paid plan only if you choose one. When a trial or a paid period ends without renewal, the workspace remains but its screens are unavailable until a plan is chosen.
You may cancel at any time from inside the product. Cancellation stops future renewals; your plan remains active until the end of the period you have already paid for. Except where required by law, fees already paid are non-refundable.
We may change prices with at least 30 days' notice. Price changes take effect at your next renewal, and you may cancel before then.
Your data and ours
We own the product. You own your data - and you let us keep it and use it to improve Fluxion.
Summary only - the clause below is what bindsFluxion and its licensors own all rights in the service, including the software, models, interfaces, documentation and brand. These Terms grant you a limited, non-exclusive, non-transferable right to use the service while your workspace has an active plan, and nothing more.
You retain your rights in your data, including the data read from your connected tools and anything you submit to the product. You grant Fluxion a non-exclusive, worldwide, royalty-free licence to store, process and use that data (a) to provide the service to you, and (b) to develop, test and improve the service and the models behind it, including by training models on it.
This licence continues after a tool is disconnected, and after a workspace or account is closed. Fluxion retains the data as described in the Privacy Policy and does not sell it. We will not disclose your data to other customers, and anything a model produces for another customer will not reveal your company's figures or records.
The service does not provide an export of workspace data. Your data remains available to you in the tools it came from.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
Third-party tools
The service connects to third-party tools at your direction. Those tools are operated by their providers, not by Fluxion, and your use of them is governed by your agreement with those providers.
We are not responsible for the availability, accuracy or contents of third-party tools. If a provider changes or withdraws its API, or a connection needs to be re-authorised, the corresponding figures may be stale or unavailable until it is restored, and that is not a breach of these Terms.
Disclaimers - information, not advice
Fluxion helps you decide. It is not your accountant, lawyer or financial adviser, and its figures are only as good as the tools behind them.
Summary only - the clause below is what bindsFluxion is a decision-support tool. Its briefs, figures, insights, reports, answers and suggestions are informational. They do not constitute financial, investment, legal, tax or accounting advice, and Fluxion is not a registered adviser, accountant or fiduciary of any kind.
Figures are computed from the tools you connect. Where a tool is not connected, or is incomplete, stale, misconfigured or itself inaccurate, the output will reflect that. Written explanations are produced with artificial intelligence and may be imperfect. You are responsible for reviewing material figures before relying on them, and for obtaining professional advice appropriate to your circumstances.
To the fullest extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to these Terms, whether or not the possibility of such damages was known.
Each party's total aggregate liability arising out of or relating to these Terms is limited to the fees paid or payable by you to Fluxion in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law, including for fraud, wilful misconduct, or death or personal injury caused by negligence.
Term and termination
Leave whenever you like. Closing ends your access; it does not erase what Fluxion already holds.
Summary only - the clause below is what bindsThese Terms apply from the moment you first use the service until terminated. You may stop at any time by cancelling your plan, deleting your workspace, or deleting your account.
Deleting a workspace or an account starts a 7-day period during which it can be restored. After that the workspace is closed and can no longer be opened by anyone, or the account can no longer be signed in to. Deleting an account also deletes the workspaces that account owns, so transfer ownership first if a workspace should carry on.
We may terminate or suspend for material breach that remains uncured 30 days after written notice, or immediately where required by law or where continued provision presents a security risk.
On termination, your right to use the service ends and Fluxion's access to your connected tools is withdrawn. Data already held is retained and used as described in section 6 and the Privacy Policy. Sections that by their nature should survive - including 6, 8, 9 and 12 - survive termination.
Changes to these terms
We may update these Terms as the product and the law change. Where a change is material, we will give at least 30 days' notice by email or in the product. Continued use after the effective date constitutes acceptance. If you do not accept a change, your remedy is to stop using the service and cancel.
Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware, save that either party may seek injunctive relief in any competent court.
Before filing a claim, each party agrees to attempt in good faith to resolve the dispute informally by writing to legal@fluxion.co and allowing 30 days for a response.
Contact
Questions about these Terms can be sent to legal@fluxion.co. For privacy matters, write to privacy@fluxion.co; for security, security@fluxion.co.