Terms of Service

These Terms of Service ("Terms") are a binding agreement between you (the "Customer", "you") andFluxo ("Fluxo", "we", "us") and govern your access to and use of the Fluxo application and related services (the "Service"). By installing, accessing, or using the Service, you agree to these Terms. If you use the Service on behalf of a business, you represent that you are authorized to bind that business, and "you" refers to that business. If you do not agree, do not use the Service.

1. The Service

Fluxo is a marketing-automation application for Shopify that lets you sync store data and send campaigns and automated flows to your contacts over email, SMS, and web push. We may update, improve, add, or remove features over time. We do not guarantee that any particular feature will remain available.

2. Accounts and eligibility

You must provide accurate, current, and complete information, keep your credentials secure, and are responsible for all activity under your account. You must be at least 18 years old and able to form a binding contract. You are responsible for your users and anyone you allow to access the Service through your account.

3. Your responsibilities and representations

You represent, warrant, and covenant, on an ongoing basis, that:

• you have all rights, consents, and permissions necessary for the contacts, content, and data you upload to or send through the Service, and for us to process them to provide the Service;
• every recipient you message has given you valid, provable consent to receive that type of message from you, and you will honor opt-outs and suppression;
• your use of the Service, your content, and your messaging comply with all applicable laws and regulations, including CAN-SPAM, the TCPA, CTIA and carrier guidelines, GDPR, UK GDPR, CASL, CCPA/CPRA, and applicable data-protection, consumer-protection, and marketing laws; and
• you will not use the Service in a way that could damage the deliverability, reputation, security, or integrity of the Service or of shared sending infrastructure.

You are solely responsible for your content, your contacts, your messaging, and your compliance. Fluxo is a tool; you are the sender and the data controller for your marketing.

4. Acceptable use and anti-spam

• You may only message contacts who have consented to receive messages from you, in compliance with applicable laws (e.g. CAN-SPAM, TCPA, GDPR, CASL).
• Every campaign must include a working unsubscribe mechanism and accurate sender information; we honor suppression and unsubscribe requests automatically.
• You may not upload purchased, rented, scraped, or third-party lists, or message contacts who did not opt in with you directly.
• You may not use the Service to send unlawful, deceptive, misleading, infringing, defamatory, harassing, or harmful content, or content that promotes illegal activity.
• You may not attempt to breach or circumvent security, probe or scan the Service, interfere with its operation, exceed rate limits, resell the Service, or reverse-engineer, decompile, or copy it except as permitted by law.
• You may not use the Service in violation of any third party's rights, or to process data you are not permitted to process.

We may investigate suspected violations and cooperate with law enforcement. A violation of this section is a material breach of these Terms.

5. SMS messaging

If you use Fluxo to send SMS, you are the sender of those messages and you are responsible for the consent behind them. Specifically:

• You may only send SMS to recipients who gave you prior express written consentto receive marketing text messages, obtained through a clear opt-in that was never pre-checked and never a condition of purchase, as required by the TCPA and CTIA guidelines.
• You must keep records of that consent, and you must not send to a number after it has opted out. We honor STOP automatically and permanently, and we suppress numbers that opt out, hard-bounce, or are reported as complaints.
• You may not use SMS to send content prohibited by US carriers, including messages relating to cannabis, illegal substances, firearms, hate speech, adult content, high-risk financial services, or loan offers.
• You must not send messages that misidentify the sender. Every message must make clear which business it comes from.

Recipients can reply STOP to unsubscribe at any time, or HELP for help. Message frequency varies. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages. See our SMS consent and opt-in page for how consent is collected and how recipients opt out.

SMS is billed per message segment as metered usage, in addition to your plan. Sending SMS may require verification of your business with mobile carriers before messages can be delivered, and we cannot guarantee that carriers will approve or deliver any given message.

6. Third-party services

The Service works with third-party platforms and providers, including Shopify, messaging and telecom providers (such as Twilio), email providers, payment processors (such as Stripe), and mobile carriers. Your use of those services is governed by their own terms, and they are responsible for their own services. We are not liable for the acts, omissions, availability, pricing, or performance of any third party, and third-party services may change or become unavailable in ways outside our control.

7. Fees, billing, and taxes

Paid plans are billed on a recurring basis through the Shopify App Store or our payment processor and renew automatically until cancelled. Usage-based charges (including SMS) may apply above your plan's included limits. Fees are exclusive of taxes, and you are responsible for all applicable taxes other than taxes on our net income. We may change plans, prices, and limits on a going-forward basis with notice; continued use after a change takes effect is acceptance of the new fees. Fees are non-refundable except where required by law. You can cancel at any time; access continues through the end of the current billing period. Failed payments, chargebacks, or reversed charges may result in suspension or termination, and you remain responsible for amounts owed.

8. Your data and content

You retain ownership of your store data, contacts, and content. You grant us a worldwide, non-exclusive license to host, process, transmit, and display that content solely as needed to operate and improve the Service and as you direct. Our handling of personal data is described in the Privacy Policy and the Data Processing Addendum, which applies where we process personal data on your behalf. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

9. Compliance and no legal advice

You are responsible for determining whether the Service is appropriate for your use and for your own compliance with the laws that apply to you and your marketing. Fluxo does not provide legal, regulatory, or compliance advice, and nothing in the Service or our documentation is such advice. Compliance features (such as unsubscribe handling, consent capture, or suppression) are tools to help you, not a guarantee of compliance, and do not shift legal responsibility to us.

10. Intellectual property

The Service, including its software, design, and branding, is owned by Fluxo and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription and subject to these Terms. These Terms do not grant you any rights to our trademarks or to the underlying software except the right to use it as offered.

11. Beta and early-access features

We may offer features labeled beta, preview, or early access. They are provided "as is", may be changed or withdrawn at any time, are excluded from any commitments or service levels, and may be used at your own risk.

12. Suspension

We may suspend or limit your access, in whole or in part, immediately and without liability, if: (a) you breach these Terms, our acceptable-use rules, or applicable law; (b) your use harms deliverability, security, or the Service or its other users; (c) your account has overdue amounts or payment problems; (d) we are required to by law or a provider (including Shopify or a carrier); or (e) we reasonably believe suspension is necessary to prevent harm. We will try to give notice where practicable, but we may act first where the risk is urgent.

13. Term and termination

These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may terminate or suspend these Terms or your access for the reasons in the Suspension section, for a material or repeated breach, or if we stop offering the Service. On termination, your right to use the Service ends, and your data is handled as described in our Privacy Policy and DPA. Sections that by their nature should survive termination (including data ownership, fees owed, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

14. Disclaimers of warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any message will be delivered, opened, or achieve any result, or that deliverability, inbox placement, carrier acceptance, or marketing outcomes will be achieved. You use the Service, and rely on its results, at your own risk.

15. Limitation of liability

To the maximum extent permitted by law, Fluxo and its affiliates, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service or these Terms, even if advised of the possibility. Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you actually paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100). These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless Fluxo and its affiliates, and their officers, directors, employees, and agents, from and against any claims, demands, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your content, contacts, or data; (b) your messages, campaigns, and marketing; (c) your consent practices or failure to obtain or honor consent; (d) your breach of these Terms, our acceptable-use rules, or applicable law (including CAN-SPAM, the TCPA, GDPR, CASL, and carrier rules); or (e) your infringement or violation of the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you will cooperate with us.

17. Dispute resolution; arbitration; class-action waiver

Please read this section carefully; it affects how disputes are resolved. Except for claims that qualify for small-claims court and for either party's right to seek injunctive relief for infringement or misuse of intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, and not as a class, collective, or representative action. You and Fluxo waive any right to a jury trial and to participate in a class action. The arbitration will be administered by the arbitration body and held in the seat designated for Fluxo's jurisdiction (to be specified in the finalized Terms), under that body's rules then in effect. If the class-action waiver is found unenforceable for a particular claim, that claim will proceed in court, but the rest of this section still applies.

18. Export controls and sanctions

You represent that you are not located in, and will not use the Service in or for the benefit of, any country or party subject to applicable export controls or sanctions (including US, EU, and UK sanctions), and that you are not on any restricted-party list. You will comply with all applicable export-control and sanctions laws.

19. Governing law

These Terms are governed by the laws of the jurisdiction in which the Fluxo entity is established, without regard to conflict-of-laws rules, and subject to the dispute-resolution section above. The UN Convention on Contracts for the International Sale of Goods does not apply.

20. Changes to the Service and these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you. Changes take effect when posted (or on the stated effective date), and your continued use of the Service after that constitutes acceptance. If you do not agree to a change, stop using the Service.

21. General

• Entire agreement. These Terms, together with the Privacy Policy and DPA, are the entire agreement between you and Fluxo about the Service and supersede prior agreements.
• Severability. If any provision is held unenforceable, the rest remains in effect and the provision is limited to the minimum extent necessary.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party providers, carriers, or infrastructure.
• Relationship. The parties are independent contractors; these Terms create no agency, partnership, or joint venture.
• Notices. We may give notice by email, in the app, or on this site; you consent to electronic notices.

Contact

Questions? Email support@myfluxo.com.