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 source, 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
Fluxion reads your systems, computes figures, and explains them. It does not act for you.
Summary only — the clause below is what bindsFluxion connects to business systems you authorise, computes metrics from them using deterministic code, and uses artificial intelligence to explain those verified figures in plain language.
The service reads. It does not act. Fluxion does not move money, send communications on your behalf, sign anything, or modify records in any connected system. Any action arising from information Fluxion surfaces is taken by you, in your own systems.
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
A workspace represents one business. 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 source you authorise, and the authority to permit Fluxion to read the data in it. You must notify us promptly at security@fluxion.co of any unauthorised use of your account.
Workspace owners can add, remove and change the permissions of members at any time. Removing a member revokes their access 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 source 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 other than through our disclosure programme.
- Reverse engineer the service, or attempt to defeat the deterministic guarantees described in section 2.
- 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.
Subscriptions and billing
Pay in advance, cancel any time, keep access to the end of what you paid for.
Summary only — the clause below is what bindsPaid plans are billed in advance, monthly or annually, at the prices published at the time of purchase. Fees are exclusive of taxes, which are added where required.
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.
Trials convert to a paid plan only if you choose to continue. We will notify you before a trial ends. If a payment fails, we will retry and notify you before suspending access.
We may change prices with at least 30 days’ notice. Price changes take effect at your next renewal, and you may cancel before then.
Intellectual property
We own the product. You own your data. Neither of us takes the other's.
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 during your subscription, and nothing more.
You retain all rights in your data, including the data read from your connected sources and anything you submit to the product. You grant Fluxion a limited licence to process that data solely to provide the service to you, as described in the Privacy Policy and any Data Processing Addendum between us.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
Third-party integrations
The service connects to third-party systems at your direction. Those systems 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 systems. If a provider changes or withdraws its API, the corresponding functionality may change or cease, and that is not a breach of these Terms.
Disclaimers — information, not advice
Fluxion gives you information about your business. It is not financial, legal, tax or accounting advice, and the decisions remain yours.
Summary only — the clause below is what bindsFluxion is a decision-support tool. Its briefs, metrics, answers and recommendations 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 sources you connect. Where a source is incomplete, stale, misconfigured or itself inaccurate, the output will reflect that. 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, and take your data with you.
Summary only — the clause below is what bindsThese Terms apply from the moment you first use the service until terminated. You may terminate at any time by cancelling your subscription and closing your workspace.
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 connected credentials are revoked. You may export your data at any point before termination and for 30 days afterwards. 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 evolve. Where a change is material, we will give at least 30 days’ notice by email or in-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.
Nothing in this section deprives a consumer of the protection of the mandatory laws of their country of residence.
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.