Terms of Service

1. Acceptance

These Terms govern your use of the website and client portal provided by Fluxent Technologies, Inc.(“Fluxent,” “we,” “us”). By accessing or using the Site you agree to these Terms. Paid professional services are governed by the Master Services Agreement (MSA) and the applicable Statement of Work (SOW), which control over these Terms in the event of conflict for those services (with the SOW controlling over the MSA for the specific engagement).

2. Accounts

Portal accounts are provisioned by Fluxent or its clients. You are responsible for safeguarding credentials and for activity under your account. Notify us of any unauthorized use. We may suspend or terminate accounts for breach, security risk, or non-payment.

3. Acceptable use

Do not: misuse or probe the service; attempt unauthorized access; upload unlawful, infringing, or malicious content; interfere with security or availability; scrape or reverse engineer except as permitted by law; or use the service to violate any law or third-party right.

4. Customer content & confidentiality

You retain rights in content you submit. You grant Fluxent a limited license to host and process it to provide the service. Confidentiality and document/e-signature handling are addressed in the MSA/NDA and Privacy Policy. Signed documents are sealed and audit-logged.

5. Intellectual property

The Site and underlying software are owned by Fluxent or its licensors. Ownership of project deliverables is governed by the MSA and the IP Assignment Agreement. No other rights are granted.

6. Third-party services

The service integrates third-party providers (e.g., Stripe for payments, Vercel for hosting/analytics, DigitalOcean for hosting, and Resend for email). Their terms and privacy practices also apply; we are not responsible for third-party services.

7. Electronic communications and signatures

You consent to transact and to receive communications electronically, and you agree that electronic signatures, contracts, and records satisfy any legal requirement that they be in writing. Documents you sign through the portal are sealed and audit-logged. You may withdraw consent to transact electronically by contacting us, though doing so may prevent use of certain features.

8. Disclaimers

THE SITE 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, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Paid-services warranties are in the MSA.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUXENT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, ARISING FROM USE OF THE SITE. Liability for paid services is governed and capped by the MSA. For any liability arising from use of the Site that is not governed by the MSA, Fluxent’s total aggregate liability will not exceed US $100.

10. Indemnification

You will indemnify Fluxent against claims arising from your misuse of the Site or breach of these Terms, to the extent permitted by law.

11. Termination

We may suspend or terminate access for breach or risk. Sections that by their nature should survive — intellectual property, disclaimers, limitation of liability, indemnification, and governing law — survive termination.

12. Governing law & disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute is subject to the exclusive jurisdiction of the state and federal courts located in Nassau County, New York; however, nothing in these Terms waives any non-waivable rights a consumer may have under the consumer-protection laws of the consumer’s home jurisdiction.

13. Changes

We may update these Terms; continued use after changes constitutes acceptance. We will revise the “Last updated” date and provide additional notice where required by law.

14. Contact