Terms of Service

1. Acceptance of Terms

By creating an account, purchasing, accessing, or using FLUXE services, you agree to these Terms and our Privacy Policy. If you use the services for a business or other organization, you represent that you have authority to bind it, and “Customer” or “you” includes that organization. If you do not agree, do not use the services.

2. FLUXE SYSTEMS Services

FLUXE provides business software and related services that may include CRM, lead and customer management, calendars, appointment scheduling, communications, SMS/MMS, email, telephone functionality, missed-call follow-up, automation, workflows, AI-enabled functionality, reputation and review tools, reporting, integrations, implementation, onboarding, and related business services. Features vary by plan, configuration, location, and third-party availability.

3. Eligibility and Business Use

You must be legally capable of entering a binding agreement and use the services primarily for legitimate business purposes. You may not use the services where prohibited by law.

4. Customer Accounts and Security

You must provide accurate information, protect account credentials, restrict access to authorized users, and promptly notify FLUXE of suspected unauthorized access. You are responsible for activity under your account and for configuring permissions appropriately.

5. Subscription Plans

Plan features, prices, onboarding fees, and included allowances are those shown on the applicable pricing page, checkout, order form, or other plan documentation at purchase. Current standard plans are:

• Launch: $99/month plus $249 one-time Setup & Onboarding.
• Starter: $149/month plus $249 one-time Setup & Onboarding.
• Growth: $249/month plus $249 one-time Setup & Onboarding.
• Pro: $499/month plus $499 one-time Setup & Onboarding.

Taxes, usage charges, third-party charges, add-ons, and custom work may apply separately.

6. Setup and Onboarding

Setup and onboarding may include account creation, initial configuration, implementation, customization, data intake, workflow preparation, integration assistance, training, or related work according to the purchased plan or written scope. Timelines are estimates and depend on Customer cooperation, access, third parties, and technical requirements.

7. Customer Onboarding Responsibilities

You must timely provide accurate business information, content, approvals, access credentials, domain or integration access, communication registrations, and other materials reasonably needed to deliver the services. You are responsible for verifying configurations, testing workflows, reviewing content, and promptly identifying errors before launch.

8. Recurring Billing Authorization

By starting a paid subscription, you authorize FLUXE and its payment processor to charge the payment method on file for recurring subscription fees, applicable taxes, usage charges, third-party charges, add-ons, and other authorized amounts. Charges continue until cancellation becomes effective. You must keep billing information current.

9. Month-to-Month Subscriptions

All standard subscriptions are month-to-month unless a separate written agreement states otherwise. No annual commitment is required for a standard monthly subscription. Each subscription automatically renews for successive monthly billing periods until canceled.

10. Cancellation

You may cancel a monthly subscription at any time. Cancellation normally becomes effective at the end of the current paid billing period. To avoid the next recurring subscription charge, cancellation must be requested before the next scheduled billing date. You normally retain access through the remainder of the paid billing period, subject to these Terms.

11. Refund Policy

Monthly subscription payments are non-refundable once the applicable billing period begins, except where required by law. One-time Setup & Onboarding fees become non-refundable once FLUXE begins onboarding, configuration, implementation, customization, account setup, or other setup work. If FLUXE terminates prepaid services without cause before providing them, FLUXE may provide an appropriate prorated refund where applicable. Nothing here eliminates rights that cannot legally be waived.

12. Upgrades and Downgrades

You may upgrade or downgrade your plan. Upgrades may take effect immediately and may result in an appropriate prorated charge. Downgrades normally take effect at the beginning of the next billing cycle. Features not included in the lower plan may become unavailable when the downgrade takes effect. Previously paid subscription fees are not refunded solely because of a downgrade. Substantial new implementation or customization may require an additional setup charge.

13. Usage Allowances

Certain FLUXE plans may include monthly allowances or credits for usage-based services. The allowance applicable to a subscription is the allowance displayed on the applicable pricing page, checkout, order form, or other plan documentation at purchase. Allowances may apply to SMS/MMS, telephone calls, email delivery, AI usage, premium automation executions, telephone numbers, carrier-related services, or other metered functionality. Unless expressly stated in plan documentation, unused allowances do not roll over and have no cash value.

14. Additional Usage Charges

Usage exceeding an included allowance may result in additional charges. Applicable rates vary by service and may change as telecommunications carriers, messaging providers, AI providers, email providers, software providers, or other third parties change their costs. FLUXE does not promise unlimited SMS, calling, AI, email delivery, or other metered services.

15. Third-Party Charges

You are responsible for charges imposed by third parties in connection with your use of the services, including carrier, telephone number, messaging registration, email, domain, advertising, payment processing, integration, marketplace, or other provider fees, unless plan documentation expressly states otherwise.

16. SMS/MMS, Telephone, and Email Communications

The services may support sending and receiving commercial or operational email, text messages, telephone calls, voicemails, recordings, and automated communications. Availability and deliverability are not guaranteed and may depend on carriers, providers, registrations, reputation, content, recipients, and law.

17. Customer Consent and Compliance Responsibilities

You are solely responsible for establishing a lawful basis and obtaining all permissions and consent required before contacting any person through FLUXE. You must comply with laws and industry rules governing commercial email, SMS/MMS, calls, automated communications, telemarketing, do-not-call requirements, opt-outs, quiet hours, disclosures, recordings, and consent. Using FLUXE technology does not itself give you permission to contact anyone. You must promptly honor opt-outs and maintain required records.

18. Customer CRM and Contact Data

You retain your rights in information submitted concerning your leads, customers, prospects, employees, and other contacts. You determine the purposes for which that data is processed and instruct FLUXE to process it as necessary to provide the services. You are responsible for the data’s accuracy, lawfulness, notices, permissions, retention, and use.

19. Artificial Intelligence

FLUXE may provide AI-assisted or automated functionality. AI-generated information can be inaccurate, incomplete, biased, or inappropriate. You are responsible for reviewing outputs where appropriate and determining whether they are suitable for your business. FLUXE does not guarantee AI output accuracy. AI functionality is not a replacement for professional legal, medical, financial, emergency, or other high-stakes professional judgment.

20. Automated Workflows

Automations may send messages, update records, schedule actions, or trigger integrations based on configured rules. You are responsible for reviewing, testing, approving, monitoring, and pausing workflows when necessary. FLUXE is not responsible for harm caused by Customer instructions, inaccurate data, incorrect configuration, or a Customer’s failure to supervise automation.

21. Third-Party Services and Integrations

FLUXE may use or integrate with third-party software, hosting, APIs, telecommunications providers, payment processors, email providers, AI providers, calendar services, social platforms, and other infrastructure providers. Their services are governed by separate terms and policies. FLUXE does not control and is not responsible for third-party availability, changes, security, data practices, or performance.

22. Acceptable Use

You may not use the services to violate law or another person’s rights; send unlawful, deceptive, abusive, harassing, or unsolicited communications; distribute malware; attempt unauthorized access; interfere with service operation; misrepresent identity; evade provider rules; scrape or resell the services without permission; or facilitate fraud or harmful activity. FLUXE may investigate and restrict suspected misuse.

23. Customer Content and Data

You retain ownership of Customer content and grant FLUXE a limited, worldwide, non-exclusive license to host, copy, transmit, modify, display, and otherwise process it as needed to provide, secure, support, and improve the services and fulfill legal obligations. You represent that you have the rights and permissions necessary to provide the content and grant this license.

24. FLUXE Intellectual Property

FLUXE and its licensors retain all rights in the services, software, designs, documentation, workflows, templates, branding, trademarks, and other FLUXE materials, excluding Customer content. No rights are granted except the limited right to use the services during an active subscription in accordance with these Terms.

25. Service Availability and Results

Services may be unavailable, delayed, changed, or interrupted for maintenance, upgrades, provider outages, security events, force majeure, or other reasons. FLUXE does not guarantee uninterrupted or error-free operation, message delivery, or data preservation. FLUXE does not guarantee specific revenue, sales, leads, appointments, reviews, search rankings, conversion rates, business growth, or financial results.

26. Suspension and Termination

FLUXE may suspend or terminate access for nonpayment, legal or security risk, misuse, violation of these Terms, provider requirements, or conduct that could harm FLUXE, customers, recipients, or third parties. Where practical, FLUXE may provide notice and an opportunity to cure. You may stop using the services and cancel as described above.

27. Data Following Termination

After termination, access to the services and Customer data may end. You are responsible for exporting needed data before termination. Subject to law, technical limits, and provider obligations, FLUXE may delete or de-identify data after a reasonable retention period and is not obligated to retain or recover it indefinitely.

28. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FLUXE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUXE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. FLUXE’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO FLUXE FOR THE AFFECTED SERVICES DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY WHERE LIABILITY CANNOT LEGALLY BE LIMITED.

30. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless FLUXE and its personnel from claims, losses, liabilities, damages, and reasonable costs arising from your Customer content, communications, products or services, violation of law, violation of these Terms, infringement of third-party rights, or misuse of the services.

31. Changes to Services and Pricing

FLUXE may add, change, or discontinue features and may change pricing, usage rates, or allowances. Material subscription-price changes will apply prospectively, generally beginning with a future billing cycle after reasonable notice where required. Third-party or usage rates may change as provider costs change.

32. Changes to Terms

FLUXE may update these Terms. The updated Terms will be posted with a revised “Last Updated” date. Material changes will be communicated as required by law. Continued use after the effective date of updated Terms constitutes acceptance where permitted.

33. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles. Nothing in this section limits rights that cannot be waived under applicable law.

34. Severability

If any provision is found unenforceable, it will be modified only to the minimum extent necessary or severed, and the remaining provisions will remain in effect.

35. Entire Agreement

These Terms, the Privacy Policy, applicable plan or order documentation, and any separate signed agreement constitute the entire agreement concerning the services and supersede prior or contemporaneous communications on that subject. A separate signed agreement controls to the extent of a direct conflict.

36. Contact Information