Terms of Service

Last updated: Aug 17 2024

From everyone at TheFluxAI, thank you for using our products! We build them to help you do your best work. There are many people using TheFluxAI products every day. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company,” “we,” “our,” or “us” in this document, we are referring to TheFluxAI.

When we say “Services” or "Service," we mean our website, TheFluxAI, and any product created and maintained by TheFluxAI, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your,” we are referring to the people or organizations that own an account with one or more of our Services. Please note that we might have specific ownership policies for our products.

We may update these Terms of Service ("Terms") in the future. Typically, these changes have been to clarify some of these terms. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That’s a broad statement, and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security when available.
  2. You may not use the Services for any purpose outlined in the user restrictions. One important restriction is that you are not allowed to create more than one account, and doing so can lead to legal actions.
  3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card, and — just like for customers who pay for our Services — we do not sell your data.
  2. For paid Services that offer a free trial, we explain the length of the trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account, and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. We never do refunds on tokens, unless there has been an error in the server that made the outcome of tokens incorrect, verified by payment records.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately, and your billing cycle starts on the day of the upgrade. For other upgrades or downgrades in the plan level, the new rate starts from the next billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for the payment of all taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account. An email or phone request to cancel your account is not automatically considered a cancellation. If you need help canceling your account, you can always contact our Support team.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. The data will be deleted upon user request or at any point where we do not need to store the data. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, contact our Support team.
  3. If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
  5. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least within three days' notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services but do take the uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data. We secure and encrypt personal information and do regular backups of data. There are some edge cases where we may send your data through our network unencrypted.
  4. When you use our Services, you entrust us with your data. We take that trust seriously. You agree that TheFluxAI may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for specific reasons like supporting your requests, fixing issues, ensuring security, and as required by law.
  5. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

  1. All content posted on the Services must comply with Sweden copyright law.
  2. You give us a limited license to use the content posted by you and your users to provide the Services to you, but we claim no ownership rights over those materials. All the materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein. You may not duplicate, copy, or reuse any portion of the Services without express written permission from the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed, and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We may offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications.
  3. Abuse, or excessively frequent requests to the Services via the API, may result in the temporary or permanent suspension of your account’s access to the API.

We are not liable or accountable for any of these potential third-party integrations.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence, whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and, in general, caring. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact our Support team.