Welcome to Flux AI. These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
Flux AI provides AI-powered digital agency services including, but not limited to:
The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate Statement of Work (SOW) or proposal document that, once accepted, becomes part of these Terms.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current, or if we suspect unauthorized or fraudulent activity.
Fees for our Services will be specified in the applicable Statement of Work or proposal. Unless otherwise stated, all fees are quoted in US Dollars and are exclusive of applicable taxes.
Unless otherwise agreed in writing, our standard payment terms are:
Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services until outstanding payments are received.
Deposits are non-refundable once work has commenced. Refunds for other payments will be evaluated on a case-by-case basis and are at our sole discretion.
You retain all ownership rights to materials, content, and intellectual property you provide to us (“Client Materials”). You grant us a non-exclusive, worldwide license to use, reproduce, and modify Client Materials solely for the purpose of providing the Services.
Upon full payment of all fees, we assign to you all intellectual property rights in the final deliverables created specifically for you, excluding:
We retain the right to display and reference completed work in our portfolio, case studies, and marketing materials, unless otherwise agreed in writing.
To ensure successful project delivery, you agree to:
Delays caused by failure to fulfill these responsibilities may result in timeline extensions and additional fees.
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the engagement (“Confidential Information”). This obligation does not apply to information that:
Confidentiality obligations survive termination of these Terms for a period of three (3) years.
We warrant that:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We do not guarantee specific results, rankings, traffic, or revenue outcomes from our Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLUX AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Flux AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
You may terminate the Services at any time by providing written notice. Upon termination, you are responsible for payment of all work completed up to the termination date, plus any non-cancellable commitments made on your behalf.
We may terminate or suspend your access to our Services immediately, without prior notice, if:
Upon termination, all rights granted to you under these Terms will cease. Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Last updated” date.
Your continued use of our Services after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Services.
