Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Fluxjiva AI-powered analytics platform and related services (collectively, the "Services") provided by Fluxjiva ("we," "our," or "us"). 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 using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to both you and that organization.

We may modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Services following notification of changes will constitute your acceptance of such changes.

Fluxjiva provides an AI-powered analytics platform that enables users to analyze data, generate insights, and visualize results. The specific features and capabilities available to you depend on the subscription plan you select.

Our Services may include:

• Data integration and processing
• Automated data analysis
• Insight generation and visualization
• Interactive dashboards
• Natural language querying
• API access
• Collaboration tools
• Technical support

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

To use certain features of our Services, you must create 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 reserve the right to disable any user account, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old.

We reserve the right to change our pricing at any time. If we change the pricing for your subscription plan, we will provide notice of the change at least 30 days before the change takes effect.

If you do not agree to the pricing change, you may cancel your subscription before the change takes effect. Your continued use of the Services after the pricing change takes effect constitutes your agreement to pay the updated price.

You agree not to:

• Use our Services for any illegal purpose or in violation of any laws
• Upload or transmit any data that infringes upon the rights of others
• Attempt to gain unauthorized access to our Services or systems
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or disassemble any portion of our Services
• Use our Services to transmit malware, viruses, or other harmful code
• Use our Services to generate or distribute spam or unsolicited communications
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
• Collect or store personal information about other users without their consent
• Use our Services in a manner that exceeds reasonable usage limits or constitutes excessive use
• Sell, resell, license, sublicense, or lease the Services without our prior written consent
• Remove, obscure, or alter any proprietary notices or labels on the Services

We reserve the right to monitor your use of the Services to ensure compliance with these Terms. If we determine, in our sole discretion, that you have violated these Terms, we may suspend or terminate your access to the Services.

Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain all rights to the data you upload to our Services. By uploading data, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, store, and process your data solely for the purpose of providing the Services to you.

You represent and warrant that:

• You have the right to upload and process the data using our Services
• Your data and your use of the Services do not violate any applicable laws or regulations
• Your data does not infringe or misappropriate any third-party rights
• You have obtained all necessary consents and provided all necessary notices to data subjects

We will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your data. However, no security system is impenetrable, and we cannot guarantee the security of your data.

Our Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in our Services or any content, features, or functionality thereof. You may not use our trademarks, logos, or other proprietary information without our prior written consent.

If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback in any way and for any purpose without compensation to you.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@fluxjiva.com.

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may terminate or suspend your access if you violate these Terms, if you fail to pay any fees when due, or if we suspect fraudulent activity.

You may terminate your account at any time by following the instructions on our website or by contacting us at support@fluxjiva.com. If you terminate your account, you will remain liable for all amounts due up to and including the date of termination.

Upon termination, your right to use our Services will immediately cease, and we may delete your account and all associated data. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

The provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

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.

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another
• Your data and the use of your data with our Services

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India.

You agree to waive any objection to the exercise of jurisdiction by such courts and venue in such courts.

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at legal@fluxjiva.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

We may update these Terms from time to time. The updated version will be indicated by an updated "Last Updated" date. We encourage you to review these Terms periodically to stay informed about our practices.

If we make material changes to these Terms, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective.

Your continued use of our Services after the revised Terms have been posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using our Services.

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning your use of the Services.

Waiver: Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment: 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.

No Agency: No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

Force Majeure: We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

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