Privacy Policy

Hello and welcome to Flucks! Thank you for signing up to use the Services. Please read these End User Terms of Use ("Terms" or "Terms of Use") carefully before using the www.flucks.app website operated by Flucks, Inc. ("Flucks", "us", "we", and "our"). For purposes of these Terms, "you" and "your" means you as the user of the Service. Some specific definitions for capitalized terms are set out in Exhibit A of these Terms. You acknowledge that these Terms, along with our Privacy Policy, govern your access and use of the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Services. 1. Changes to these Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. 2. Service Terms Your Relationship to Subscriber: Your access and use of the Services is conditioned upon the Subscriber’s granting you such access and use rights under their subscription to the Services and such Subscriber’s compliance with its agreements with us, including payment obligations. You acknowledge and agree that upon termination of the applicable Subscriber’s rights to use the Services, your use of the Services will automatically terminate. You hereby grant such Subscriber and its Administrator(s) permission to access, use, download, export, disclose, share, restrict, and/or remove your User Content. You acknowledge and agree that Subscriber and its Administrator(s) may restrict or terminate your access to or use of all or part of the Services. Third-Party Services & Partners: The Services may contain links to, integrate with, or provide the ability for you to access third-party services (for example, financial data providers). Your use of or reliance on any third-party services are at your own risk. We are not responsible for and we do not make any promises, endorsements, representations, or warranties regarding such third-party services. We may stop making any third-party services available at any time with or without advance notice to you. Compliance with Law: You will comply with applicable laws and regulations in connection with your use of the Services. 3. Rights & Restrictions Your Account: You must register for a Flucks account in order to use the Services. In registering for or opening an account, you agree to provide accurate and complete registration information and to keep such information up to date. You will take reasonable steps to prevent unauthorized use of your account and to keep your password(s) secure and confidential, even if you are an Administrator(s). We encourage you to use “strong” passwords with your account (for example, passwords that use a combination of upper and lowercase letters, numbers, and symbols, with a minimum of eight characters). Flucks will not be liable for any losses caused by any unauthorized use of your account. You must notify us immediately of any breach of security or unauthorized use of your account. Your Responsibility: You are responsible for all activities that occur under your account. Your Rights: Subject to your full and ongoing compliance with these Terms and the Subscriber’s full and ongoing compliance with applicable agreements and obligations, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right, during the applicable Subscriber’s subscription term, to access and use the Services. Your Restrictions: The User rights granted are limited and subject to the restrictions outlined below. You will not (and will not permit any third party to): Provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Services; Use the Services for illegal, harassing, unethical, or disruptive purposes; Modify, translate, adapt, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; Access the Services in order to build a similar or competitive product or service; Violate any applicable law or regulation in connection with your access to or use of the Services; or Access or use the Services in any way not expressly permitted by these Terms. You may only use the Services if you are old enough to consent to share your data under applicable law. For example, you must be 13 years or older under United States law, or 16 years or older under European Union law. Any unauthorized use of the Services terminates all granted rights, and we may terminate these User Terms or your access and use of the Services. 4. Billing & Refunds Due to the nature of our product, we currently do not offer refunds, either partial or in full. You can easily cancel your subscription at any time you like. We will no longer charge you anything once you cancel your subscription. We may change our pricing, pricing policies, features, and access restrictions at any time. 5. Content Required Content: You are required to provide certain data, information, and materials to enable us to provide the Services to you and/or the Subscriber (i.e., your User Content). You agree that if you do not provide the necessary information, you will not be able to access or use the Services. Responsibility for User Content: You agree that you are solely responsible for all your User Content submitted, posted, communicated, provided, or otherwise made available through or for the Services. Ownership of User Content: You retain all ownership rights in your User Content. License: You grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully-sublicensable right and license (i) to use your User Content as necessary to perform, analyze, and improve the Services; (ii) to collect, use, and disclose usage data; and/or (iii) to use and disclose your User Content for other uses identified in our Privacy Policy. You represent and warrant you have the right to grant these rights and licenses. Without such rights and licenses, you acknowledge that we will not be able to provide the Services to you and that you will no longer be able to access or use the Services. Removal of Provided Content: Flucks may remove your User Content for any reason, including if such User Content violates these User Terms or applicable law. 6. Termination Term of the Terms of Use: The term of these Terms starts on the day you agree to these Terms or on the day you access the Services and it continues while you use the Services. Termination of the Terms of Use: Your use of the Services will automatically terminate upon the termination of your Subscriber’s subscription or when instructed by your Subscriber. In addition, we may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these User Terms. Effect of Termination: Upon the effective date of termination of these Terms for any reason: (i) your right to access or use the Services will terminate immediately, and (ii) we will cease providing the Services to you and we will deactivate or delete your account and all associated materials, including your User Content. Survival: All provisions of these User Terms which by their nature should survive, will survive the termination of these User Terms, including, without limitation, ownership provisions, warranty disclaimers, and limitation of liability. 7. Indemnification You agree to indemnify and hold Flucks, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content or (b) your violation of any applicable laws, rules, or regulations. 8. Disclaimer YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. FLUCKS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. FLUCKS DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, ANY APPLICATION(S) AND/OR MATERIAL(S) THAT ARE DEVELOPED BY A PARTY OUTSIDE OF THE FLUCKS ORGANIZATION, INCLUDING CODE COMPONENTS AND INTEGRATION TOOLS PROVIDED BY THIRD PARTIES, NOT FLUCKS. 9. Limitations of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FLUCKS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICES INTERRUPTION, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLUCKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLUCKS OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU OR THE SUBSCRIBER FOR YOUR USE OF THE SERVICES GIVING RISE TO THE LIABILITY OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLUCKS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLUCKS AND YOU. 10. Dispute Resolution & Arbitration Governing Law: These Terms are governed by and construed in accordance with the laws of the European Union, without regard to its conflict of law principles. Dispute Resolution: You and Flucks agree that any dispute arising out of or in connection with these Terms or the Services will be resolved by binding arbitration conducted in the English language in a location mutually agreed upon by the parties, under the rules of arbitration of the International Chamber of Commerce (ICC). Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 11. General Entire Agreement: These Terms constitute the entire agreement between you and Flucks regarding the Services and supersede and replace any prior agreements we might have between us regarding the Services. Waiver: No waiver of any provision or right under these Terms will be effective unless in writing and signed by the party against whom the waiver is to be asserted. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect and enforceable. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flucks without restriction. Any attempted transfer or assignment in violation hereof will be null and void. Notices: Any notices or other communications provided by Flucks under these Terms, including those regarding modifications to these Terms, will be given: (i) by Flucks via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Contact Information: If you have any questions about these Terms, please contact us at [email protected].