Last updated on January 29, 2024

AGREEMENT TO OUR LEGAL TERMS

 

We are Enflux SVG LLC, doing business as Enflux ("Company," "we," "us," "our"), a company registered in Saint Vincentand the Grenadines at Suite 305, Griffith Corporate Centre Beachmont, Kingstown.

 

We operate the website https://enflux.io (the "Site"), as well as any other related products and services that referor link to these legal terms (the "Legal Terms") (collectively, the "Services").

 

You can contact us by emailat info@enflux.io or by mail to Suite 305 , GriffithCorporate Centre Beachmont, Kingstown, Saint Vincent and theGrenadines.

 

These Legal Terms constitute a legally bindingagreement made between you, whether personally or on behalf of an entity ("you"), and Enflux SVG LLC, concerning youraccess to and use of the Services. You agree that by accessing the Services,you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLYPROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents thatmay be posted on the Services from time to time are hereby expresslyincorporated herein by reference. We reserve the right, in our sole discretion,to make changes or modifications to these Legal Terms at any time and forany reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right toreceive specific notice of each such change. It is your responsibility toperiodically review these Legal Terms to stay informed of updates. You will besubject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Servicesafter the date such revised Legal Terms are posted.

 

All users who are minors in the jurisdiction inwhich they reside (generally under the age of 18) must have the permission of,and be directly supervised by, their parent or guardian to use the Services. Ifyou are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

 

We recommend that you print a copy of these Legal Terms for your records.

 

 

TABLE OF CONTENTS

 

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PURCHASES AND PAYMENT

5. FREE TRIAL

6. CANCELLATION

7. PROHIBITED ACTIVITIES

8. USER GENERATED CONTRIBUTIONS

9. CONTRIBUTION LICENSE

10. SERVICES MANAGEMENT

11. PRIVACY POLICY

12. TERM AND TERMINATION

13. MODIFICATIONS AND INTERRUPTIONS

14. GOVERNING LAW

15. DISPUTE RESOLUTION

16. CORRECTIONS

17. DISCLAIMER

18. LIMITATIONS OF LIABILITY

19. INDEMNIFICATION

20. USER DATA

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

22. MISCELLANEOUS

23. CONTACT US

 

 

1. OUR SERVICES

 

The information provided when using the Services isnot intended for distribution to or use by any person or entity in any jurisdictionor country where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirement withinsuch jurisdiction or country. Accordingly, those persons who choose to accessthe Services from other locations do so on their own initiative and are solelyresponsible for compliance with local laws, if and to the extent local laws areapplicable.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Our intellectual property

 

We are the owner or the licensee of all intellectualproperty rights in our Services, including all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics in the Services (collectively, the "Content"), as wellas the trademarks, service marks, and logos contained therein(the "Marks").

 

Our Content and Marks are protected by copyrightand trademark laws (and various other intellectual property rights and unfaircompetition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or throughthe Services "AS IS" for your internal businesspurpose only.

 

Your use of our Services

 

Subject to your compliance with these Legal Terms,including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,non-transferable, revocable license to:

solely for your internal business purpose.

 

Except as set out in this section or elsewhere inour Legal Terms, no part of the Services and no Content or Marks may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express priorwritten permission.

 

If you wish to make any use of the Services,Content, or Marks other than as set out in this section or elsewhere in ourLegal Terms, please address your request to: info@enflux.io. If we evergrant you the permission to post, reproduce, or publicly display any part ofour Services or Content, you must identify us as the owners or licensors of theServices, Content, or Marks and ensure that any copyright or proprietary noticeappears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to youin and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rightswill constitute a material breach of our Legal Terms and your right to use ourServices will terminate immediately.

 

Your submissions

 

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understandthe (a) rights you give us and (b) obligations you have when you post or uploadany content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services ("Submissions"),you agree to assign to us all intellectual property rights in such Submission.You agree that we shall own this Submission and be entitled to its unrestricteduse and dissemination for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you.

 

You are responsible for what you post or upload: By sending us Submissions through anypart of the Services you:

You are solely responsible for yourSubmissions and you expressly agree to reimburse us for any and all lossesthat we may suffer because of your breach of (a) this section, (b) any thirdparty’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrantthat: (1) you have the legal capacity and you agree tocomply with these Legal Terms; (2) you are not a minor in the jurisdiction inwhich you reside, or if a minor, you have received parental permission to usethe Services; (3) you will not access the Services through automated or non-humanmeans, whether through a bot, script or otherwise; (4) you will not use theServices for any illegal or unauthorized purpose; and (5) your use ofthe Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue,inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of theServices (or any portion thereof).

 

4. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

 

 

You agree to provide current, complete, andaccurate purchase and account information for all purchases made via theServices. You further agree to promptly update account and payment information,including email address, payment method, and payment card expiration date, sothat we can complete your transactions and contact you as needed. Sales taxwill be added to the price of purchases as deemed required by us. We may changeprices at any time. All payments shall be in US dollars.

 

You agree to pay all charges at the prices then ineffect for your purchases and any applicable shipping fees, andyou authorize us to charge your chosen payment provider for any suchamounts upon placing your order. We reserve the right to correct anyerrors or mistakes in pricing, even if we have already requested or receivedpayment.

 

We reserve the right to refuse any order placedthrough the Services. We may, in our sole discretion, limit or cancelquantities purchased per person, per household, or per order. Theserestrictions may include orders placed by or under the same customer account,the same payment method, and/or orders that use the same billing or shippingaddress. We reserve the right to limit or prohibit orders that, in oursole judgment, appear to be placed by dealers, resellers, or distributors.

 

5. FREE TRIAL

 

We offer a 14-day free trial to new users whoregister with the Services. The account will not be charged and thesubscription will be suspended until upgraded to a paid version at the endof the free trial.

 

6. CANCELLATION

 

All purchases are non-refundable. You cancancel your subscription at any time by contacting us using the contactinformation provided below. Your cancellation will take effect at the endof the current paid term.

 

If you are unsatisfied with our Services, pleaseemail us at info@enflux.io.

 

7. PROHIBITED ACTIVITIES

 

You may not access or use the Services for anypurpose other than that for which we make the Services available. The Servicesmay not be used in connection with any commercial endeavors exceptthose that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

 

8. USER GENERATEDCONTRIBUTIONS

 

The Services does not offerusers to submit or post content. We may provide you with the opportunityto create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Services, including but notlimited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewableby other users of the Services and through third-party websites. As such,any Contributions you transmit may be treated in accordance with the Services'Privacy Policy. When you create or make available any Contributions, youthereby represent and warrant that:

Any use of the Services inviolation of the foregoing violates these Legal Terms and may result in, amongother things, termination or suspension of your rights to use the Services.

 

9. CONTRIBUTION LICENSE

 

You and Services agree that we may access, store,process, and use any information and personal data that youprovide following the terms of the Privacy Policy and your choices(including settings).

 

By submitting suggestions or other feedbackregarding the Services, you agree that we can use and share such feedback forany purpose without compensation to you.

 

We do not assert any ownership over yourContributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Services. You are solelyresponsible for your Contributions to the Services and you expressly agree toexonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.

 

10. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to:(1) monitor the Services for violations of these Legal Terms; (2) takeappropriate legal action against anyone who, in our sole discretion, violatesthe law or these Legal Terms, including without limitation, reporting such userto law enforcement authorities; (3) in our sole discretion and withoutlimitation, refuse, restrict access to, limit the availability of, or disable(to the extent technologically feasible) any of your Contributions or anyportion thereof; (4) in our sole discretion and without limitation, notice, orliability, to remove from the Services or otherwise disable all files andcontent that are excessive in size or are in any way burdensome to our systems;and (5) otherwise manage the Services in a manner designed to protect ourrights and property and to facilitate the proper functioning of the Services.

 

11. PRIVACY POLICY

 

We care about data privacy and security. Pleasereview our Privacy Policy: https://enflux.io/privacy-policy. By using the Services, you agree to be bound byour Privacy Policy, which is incorporated into these Legal Terms. Please beadvised the Services are hosted in Saint Vincent and the Grenadines. Ifyou access the Services from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in Saint Vincent and the Grenadines, then throughyour continued use of the Services, you are transferring your datato Saint Vincent and the Grenadines, and you expressly consent to haveyour data transferred to and processed in Saint Vincent and theGrenadines.

 

12. TERM AND TERMINATION

 

These Legal Terms shall remain in full force andeffect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OFTHESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUTNOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDINGWITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANTCONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAYTERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENTOR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLEDISCRETION.

 

If we terminate or suspend your account for anyreason, you are prohibited from registering and creating a new account underyour name, a fake or borrowed name, or the name of any third party, even if youmay be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil, criminal, and injunctive redress.

 

13. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or removethe contents of the Services at any time or for any reason at our solediscretion without notice. However, we have no obligation to update anyinformation on our Services. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theServices.

 

We cannot guarantee the Services will be availableat all times. We may experience hardware, software, or other problems or needto perform maintenance related to the Services, resulting in interruptions,delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoever for anyloss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing inthese Legal Terms will be construed to obligate us to maintain and support theServices or to supply any corrections, updates, or releases in connectiontherewith.

 

14. GOVERNING LAW

 

These Legal Terms shall be governed by and definedfollowing the laws of Saint Vincent and the Grenadines. Enflux SVGLLC and yourself irrevocably consent that the courts of Saint Vincentand the Grenadines shall have exclusive jurisdiction to resolve anydispute which may arise in connection with these Legal Terms.

 

15. DISPUTE RESOLUTION

 

You agree to irrevocably submit all disputesrelated to these Legal Terms or the legal relationship established by theseLegal Terms to the jurisdiction of the Saint Vincent and theGrenadines courts. Enflux SVG LLC shall also maintain the rightto bring proceedings as to the substance of the matter in the courts of thecountry where you reside or, if these Legal Terms are entered into in thecourse of your trade or profession, the state of your principal place ofbusiness.

 

16. CORRECTIONS

 

There may be information on the Services thatcontains typographical errors, inaccuracies, or omissions, includingdescriptions, pricing, availability, and various other information. We reservethe right to correct any errors, inaccuracies, or omissions and to change orupdate the information on the Services at any time, without prior notice.

 

17. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS ANDAS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENTOR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICESAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STOREDTHEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THESERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANYWEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, ANDWE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTIONWHERE APPROPRIATE.

 

18. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USEOF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THEFORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IFANY, BY YOU TO US DURINGTHE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.

 

19. INDEMNIFICATION

 

You agree to defend, indemnify, and hold usharmless, including our subsidiaries, affiliates, and all of our respectiveofficers, agents, partners, and employees, from and against any loss, damage,liability, claim, or demand, including reasonable attorneys’ fees and expenses,made by any third party due to or arising out of: (1) use of the Services;(2) breach of these Legal Terms; (3) any breach of your representations andwarranties set forth in these Legal Terms; (4) your violation of the rights ofa third party, including but not limited to intellectual property rights; or(5) any overt harmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defense and controlof any matter for which you are required to indemnify us, and you agree tocooperate, at your expense, with our defense of such claims. We willuse reasonable efforts to notify you of any such claim, action, or proceedingwhich is subject to this indemnification upon becoming aware of it.

 

20. USER DATA

 

We will maintain certain data that you transmit tothe Services for the purpose of managing the performance of the Services, aswell as data relating to your use of the Services. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using theServices. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action againstus arising from any such loss or corruption of such data.

 

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

 

Visiting the Services, sending us emails, andcompleting online forms constitute electronic communications. You consent toreceive electronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Services, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.

 

22. MISCELLANEOUS

 

These Legal Terms and any policies or operatingrules posted by us on the Services or in respect to the Services constitute theentire agreement and understanding between you and us. Our failure to exerciseor enforce any right or provision of these Legal Terms shall not operate as awaiver of such right or provision. These Legal Terms operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable forany loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Legal Terms and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Legal Terms or use of the Services. You agreethat these Legal Terms will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may havebased on the electronic form of these Legal Terms and the lack of signing bythe parties hereto to execute these Legal Terms.

 

23. CONTACT US

 

In order to resolve a complaint regarding theServices or to receive further information regarding use of the Services,please contact us at:

 

Enflux SVG LLC

Suite 305

Griffith Corporate Centre Beachmont

Kingstown

Saint Vincent and the Grenadines

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