Terms of Service

These Terms of Service ("Terms") govern your access to and use of FluxNode Technologies' website, products, and services. Please read these Terms carefully before using our services. By accessing or using our services, you agree to be bound by these Terms.

1. Agreement to Terms

By accessing or using the services provided by FluxNode Technologies ("we," "us," or "our"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any changes by updating the "Last updated" date at the bottom of these Terms. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

3. Account Registration

To access certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4. User Content

Our services may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post, including its legality, reliability, and appropriateness.

By posting User Content, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through our services. You retain any and all of your rights to any User Content you submit, post, or display on or through our services and you are responsible for protecting those rights.

You represent and warrant that:

• You own the User Content posted by you or have the right to use it and grant us the rights and license as provided in these Terms.
• The posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

5. Intellectual Property Rights

Our services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of FluxNode Technologies and its licensors. Our services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Prohibited Uses

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate FluxNode Technologies, a FluxNode Technologies employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our services, or which, as determined by us, may harm FluxNode Technologies or users of our services or expose them to liability.

7. Termination

We may terminate or suspend your account and bar access to our services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using our services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimer of Warranties

Our services are provided on an "AS IS" and "AS AVAILABLE" basis. FluxNode Technologies expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

FluxNode Technologies makes no warranty that:

• Our services will meet your requirements.
• Our services will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of our services will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations.

9. Limitation of Liability

In no event shall FluxNode Technologies, nor its directors, employees, partners, agents, suppliers, 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, resulting from:

• Your access to or use of or inability to access or use our services.
• Any conduct or content of any third party on our services.
• Any content obtained from our services.
• Unauthorized access, use, or alteration of your transmissions or content.

10. Indemnification

You agree to defend, indemnify, and hold harmless FluxNode Technologies and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of our services.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
• Any claim that your User Content caused damage to a third party.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

13. General Terms

These Terms constitute the entire agreement between you and FluxNode Technologies regarding our services and supersede any prior agreements we might have had between us regarding our services.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Last updated: February 26, 2025