Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Flux platform ("Flux," "we," "us," or "our"). By creating an account, subscribing to a plan, or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms.
1. The Service
Flux provides software tools and CRM automation services for home service businesses, including review request automation, appointment reminders, customer reactivation campaigns, quote delivery, follow-up reminders, and SMS communications.
Flux is a software provider only. Flux does not create, approve, review, monitor, or control Customer message content before transmission. All messages sent through the platform are initiated at the direction of the Customer.
2. Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials.
- Providing accurate and complete registration information.
- Updating account information when necessary.
- All activity conducted through your account.
You agree to notify Flux immediately if you become aware of unauthorized access or use of your account.
3. Acceptable Use
You may use Flux only in compliance with applicable laws and these Terms.
You agree not to:
- Send messages to recipients who have not provided the legally required consent.
- Violate the TCPA, CAN-SPAM Act, state consumer protection laws, or other applicable regulations.
- Impersonate any individual or business.
- Transmit false, deceptive, misleading, or fraudulent information.
- Attempt to gain unauthorized access to Flux systems.
- Interfere with the operation or security of the Service.
- Use Flux in a manner that could damage the platform, infrastructure, or reputation of Flux or its providers.
4. SMS Messaging Compliance
Customer represents and warrants that Customer has obtained all legally required consent from recipients before sending messages, maintains records sufficient to demonstrate recipient consent, will provide documentation of consent upon request, and will comply with all applicable messaging laws, regulations, carrier requirements, campaign registration requirements, and industry standards.
Customer is solely responsible for:
- Message content.
- Consent collection.
- Opt-out compliance.
- Recipient lists.
- Campaign configuration.
Flux acts solely as a technology service provider.
The Service includes features intended to support compliance, such as quiet-hours scheduling, opt-out keyword processing, and consent attestations. These features are tools, not legal advice, and they do not by themselves make Customer's messaging lawful. Customer shall not rely on the Service as a compliance mechanism and remains solely responsible for its own compliance.
Marketing consent attestations. Marketing features of the Service, including campaigns and customer reactivation, require Customer to attest that every recipient has provided prior express written consent to receive marketing text messages. Flux records each attestation, including its wording, time, and network address, as a record of Customer's representation. Submitting a false attestation is a material breach of these Terms.
Opt-Out Requirements
Flux automatically processes common opt-out keywords including STOP and UNSUBSCRIBE.
Customer must also honor opt-out requests received outside the platform, including verbal, written, email, or other communication channels.
5. Prohibited Message Content
The following content is prohibited:
- Sexual or adult content.
- Hate speech or discriminatory content.
- Alcohol, firearms, tobacco, or controlled substance promotions.
- Illegal products or services.
- Debt collection or debt settlement solicitations.
- Payday loans or high-risk financial products.
- Cryptocurrency investment promotions.
- Phishing attempts.
- Malware links.
- Fraudulent or deceptive content.
- Any content prohibited by law or carrier requirements.
Flux reserves the right to suspend or terminate accounts sending prohibited content immediately and without prior notice.
6. SMS Usage and Overage
Certain subscription plans include text messaging as part of the subscription fee. Included messaging is intended to cover the normal monthly operating volume of a single business on the applicable plan.
If Customer's messaging volume substantially exceeds normal use for the applicable plan, Flux may charge overage fees, temporarily suspend messaging, restrict additional sends until the next billing cycle, or take any combination of the above actions.
Customer remains responsible for all messaging charges generated through Customer's account.
Carrier and regulatory penalties. Wireless carriers impose per-message fines for violations of their messaging codes of conduct, and messaging aggregators pass those fines through to platforms. Any carrier fine, aggregator fee, or regulatory penalty attributable to Customer's messages, Customer's recipient lists, or Customer's violation of these Terms will be passed through to Customer. Customer agrees to pay such amounts within thirty (30) days of notice, and Flux may suspend Customer's messaging until they are paid.
7. Fair Use and Abuse Prevention
Flux reserves the right to monitor usage patterns to protect platform stability and prevent abuse.
Flux may temporarily suspend or limit messaging activity if usage appears excessive, abusive, fraudulent, automated beyond intended platform use, or inconsistent with normal business operations.
Such actions may be taken without prior notice when necessary to protect the platform or third parties.
8. Service Availability
Flux strives to provide reliable service but does not guarantee uninterrupted availability.
Service interruptions may occur due to scheduled maintenance, emergency maintenance, carrier outages, third-party provider failures, internet disruptions, or circumstances beyond our reasonable control.
Flux shall not be liable for service interruptions or delays resulting from such events.
9. Billing, Subscription, and Cancellation
Subscriptions are billed in advance on either a monthly or annual basis.
Unless otherwise stated, subscription fees are non-refundable, partial billing periods are not refunded, Customer may cancel at any time, and cancellation becomes effective at the end of the current billing period.
Flux reserves the right to modify pricing upon thirty (30) days' notice.
Chargebacks
If Customer initiates a chargeback, payment dispute, or reversal while continuing to access the Service, Flux may immediately suspend or terminate the account until the matter is resolved.
Customer remains responsible for valid charges incurred prior to suspension.
10. No Performance Guarantee
Flux provides software tools only.
Flux does not guarantee increased revenue, additional reviews, customer retention, lead conversion, appointment bookings, marketing performance, or any specific business outcome.
Customer acknowledges that results depend on numerous factors outside Flux's control.
11. Intellectual Property
Flux and its software, code, branding, design, and content are owned by Flux and protected by applicable intellectual property laws.
Customer retains ownership of customer lists, message content, and customer data.
Customer grants Flux a limited license to use Customer data solely for providing and improving the Service.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Flux shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of the Service.
This includes damages relating to lost profits, lost business opportunities, data loss, service interruptions, third-party actions, regulatory investigations, and messaging carrier actions.
Flux's total cumulative liability arising out of or relating to the Service shall not exceed the total amount paid by Customer to Flux during the twelve (12) months immediately preceding the event giving rise to the claim, regardless of the theory of liability asserted.
13. Indemnification
Customer agrees to indemnify, defend, and hold harmless Flux, its officers, directors, employees, contractors, affiliates, and agents from and against any claims, damages, losses, liabilities, penalties, fines, judgments, costs, and expenses, including reasonable attorneys' fees, arising from:
- Customer's use of the Service.
- Customer's violation of these Terms.
- Customer's violation of any law or regulation.
- Customer's failure to obtain consent.
- Customer's messaging practices.
- Claims brought by message recipients.
14. Termination
Flux may suspend or terminate accounts at any time if these Terms are violated, messaging activity presents legal or reputational risk, Customer engages in prohibited activity, or continued access threatens platform security or compliance.
Customer may terminate the account at any time.
15. Data Retention
Following account termination, Flux may retain Customer data for up to ninety (90) days before permanent deletion.
Messaging compliance records are retained longer: consent records, consent attestations, opt-out and suppression records, keyword logs, and outbound message summaries are retained for at least four (4) years after termination, matching the federal limitations period for messaging claims, and for as long as reasonably necessary to defend messaging claims. This retention protects both Customer and Flux if a claim arrives after the account is gone.
Retention periods may be extended when required by law, legal process, regulatory obligations, or dispute resolution requirements.
16. Changes to These Terms
Flux may modify these Terms at any time.
Material changes will be communicated through email, platform notifications, or other reasonable means.
Continued use of the Service after revised Terms become effective constitutes acceptance of the updated Terms.
17. Dispute Resolution, Arbitration, and Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English, by a single arbitrator, and may be conducted remotely. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions: either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.
CLASS ACTION WAIVER: ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
Opt out: Customer may opt out of this arbitration agreement by emailing support@fluxgrowth.org within thirty (30) days of first accepting these Terms, stating the account email and an intent to opt out of arbitration. Opting out of arbitration does not affect the class action waiver to the extent permitted by law.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
Subject to Section 17, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located within the State of Delaware.
Customer consents to the personal jurisdiction and venue of such courts.
19. Contact Information
Questions regarding these Terms may be directed to: support@fluxgrowth.org.