AUTOMATION FLUX – TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Agreement to Terms

These Terms and Conditions (“Terms”) govern your access to and use of the services, software, and website (collectively, the “Services”) provided by Ecommerce Web Solutions Ltd trading as Automation Flux (“Automation Flux”, “we”, “us”, or “our”), a company registered in the United Kingdom.

1.2 Acceptance

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing and using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

2. SERVICES DESCRIPTION

2.1 Service Overview

Automation Flux provides marketing automation workflows designed for individuals, small businesses, and marketing agencies.

2.2 Subscription Plans

We offer three subscription plans with varying features and capabilities. Detailed information about each plan’s specific features is available on our website.

2.3 Free Trial

We offer a 7-day free trial to new users. No payment information is required to start the free trial. At the end of the free trial period, you must select a subscription plan to continue using the Services.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access and use the Services, you must register for an Automation Flux 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.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Age Restriction

The Services are not intended for use by individuals under the age of 18. By creating an account, you represent and warrant that you are at least 18 years of age.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscription Plans

Automation Flux offers subscription-based access to the Services on a rolling contract basis.

4.2 Payment Processing

All payments are processed securely through Paddle, our third-party payment processor. By subscribing to our Services, you agree to Paddle’s terms of service and privacy policy in addition to these Terms.

4.3 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select when subscribing to the Services.

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.

4.5 Free Trial

The 7-day free trial allows you to explore the features of our Services without charge. No payment information is required to start the free trial. If you choose to continue using the Services after the trial period, you will need to select a subscription plan and provide payment information.

4.6 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer support. Upon cancellation:

You will continue to have access to the Services until the end of your current billing period
We do not provide refunds for partial subscription periods
Your account data will be retained for a period of 30 days after cancellation, after which it may be permanently deleted

4.7 Changes to Pricing

We reserve the right to change our subscription fees at any time. If we change pricing for your subscription plan, we will notify you at least 30 days before the change takes effect. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the modified subscription fee.

4.8 Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties associated with your use of the Services, excluding UK taxes based on our income.

5. USER CONTENT AND LICENSE

5.1 User Content

“User Content” means any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or materials that you upload, import, or otherwise provide to or through the Services.

5.2 License to User Content

By submitting User Content to the Services, you grant Automation Flux a worldwide, non-exclusive, royalty-free license to use, copy, modify, process, and display your User Content solely to the extent necessary to provide the Services to you.

5.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of uploading, publishing, or sharing it. You represent and warrant that:

You own or have obtained all necessary rights, licenses, and permissions to submit the User Content
Your User Content does not violate any third party’s rights, including intellectual property rights and privacy rights
Your User Content complies with these Terms and all applicable laws and regulations

5.4 No Obligation to Retain

We are not obligated to maintain or store your User Content. You are responsible for creating backups of your User Content.

6. ACCEPTABLE USE POLICY

6.1 Prohibited Activities

You agree not to use the Services to:

Violate any applicable law or regulation
Infringe the rights of any third party, including intellectual property rights
Send unsolicited marketing communications (spam)
Upload or transmit viruses, malware, or other malicious code
Attempt to gain unauthorized access to the Services or related systems
Interfere with or disrupt the integrity or performance of the Services
Harvest or collect information or data from the Services or other users without consent
Use the Services in any manner that could disable, overburden, damage, or impair the Services
Use automated scripts to collect information or otherwise interact with the Services

6.2 Monitoring and Enforcement

We reserve the right, but are not obligated, to monitor your use of the Services for compliance with these Terms. We may remove or refuse any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.

6.3 Consequences of Violation

We may suspend or terminate your access to the Services without notice if we determine, in our sole discretion, that you have violated these Terms.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Automation Flux Intellectual Property

The Services, including all content, features, and functionality, are owned by Automation Flux, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Limited License to Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.

7.3 Restrictions

You may not:

Copy, modify, or create derivative works based on the Services
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
Sell, resell, license, sublicense, distribute, rent, or lease the Services
Remove or obscure any proprietary notices from the Services
Use the Services to build a competitive product or service

7.4 Feedback

If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose, including incorporating it into our products and services.

8. DATA PRIVACY AND SECURITY

8.1 Privacy Policy

Our Privacy Policy, available at [URL to your privacy policy], describes how we collect, use, and share your personal information when you use our Services. By using the Services, you agree to our collection, use, and sharing of your information as described in our Privacy Policy.

8.2 Data Security

We implement reasonable technical and organizational measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

8.3 Data Processing Agreement

If required under applicable data protection laws, we will enter into a separate data processing agreement with you regarding the processing of personal data.

9. THIRD-PARTY SERVICES AND CONTENT

9.1 Third-Party Services

The Services may contain links to or integrate with third-party websites, services, or resources (“Third-Party Services”). We do not control and are not responsible for the content, privacy policies, or practices of any Third-Party Services. Your use of Third-Party Services is subject to the terms and conditions governing such services.

9.2 Third-Party Content

We do not endorse, sponsor, or approve any third-party content that may be accessible through the Services.

10. DISCLAIMER OF WARRANTIES

10.1 Services Provided “As Is”

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

10.2 No Warranty of Availability or Reliability

We do not warrant that the Services will meet your requirements, be available on an uninterrupted, secure, or error-free basis, or that defects will be corrected. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Certain Damages

IN NO EVENT WILL WE 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11.2 Cap on Liability

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR, IF YOU HAVE NOT PAID US FOR ACCESS TO THE SERVICES, £100.

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Automation Flux, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

13. TERM AND TERMINATION

13.1 Term

These Terms will remain in effect until terminated by either you or us.

13.2 Termination by You

You may terminate these Terms at any time by cancelling your subscription and ceasing all use of the Services.

13.3 Termination by Us

We may terminate these Terms and your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. We may also terminate or suspend your account if you violate these Terms.

13.4 Effect of Termination

Upon termination:

All licenses and rights to use the Services will terminate immediately
You will no longer have access to your account or User Content
We may delete your User Content 30 days after termination
Sections of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of England and Wales, which shall have exclusive jurisdiction.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on the Services, shall constitute the entire agreement between you and us concerning the Services.

15.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

15.5 No Partnership

Nothing in these Terms is intended to or shall operate to create a partnership between you and us, or authorize either you or us to act as agent for the other.

15.6 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation, acts of God, natural disasters, war, terrorism, riots, civil unrest, network, device, or communications failures, or governmental action.

16. CONTACT INFORMATION

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

Company number 06896875 – Ecommerce Web Solutions Ltd.

47 Penncricket Lane, Oldbury, England, B68 8LX. United Kingdom

Email: hello [at] automationflux.com

Last Updated: 26/03/2025