Terms of Service

1. Acceptance

By using the Service you agree to these Terms. If you don't agree, please don't use the Service. If you're using the Service on behalf of a company or other entity, you're agreeing on its behalf, and you confirm you're authorized to do so.

2. Who we are

Legal entity placeholder. When the operating entity is finalized, replace this paragraph with: "The Service is operated by [YOUR LEGAL ENTITY], a [STATE/COUNTRY FORM OF ORGANIZATION] with its registered office at [MAILING ADDRESS] ('GetFluxly')."

For any question about these Terms, email hello@getfluxly.com.

3. The Service

GetFluxly is a product analytics, lifecycle automation, and email platform. Today, the publicly available pieces are:

• This marketing website at www.getfluxly.com.
• The browser SDK published as @getfluxly/sdk-js on npm.
• The HTTP Events API at https://api.getfluxly.com.
• Private-beta access to the broader GetFluxly product, granted at our discretion to applicants who submit the Request Access form.

The Service is under active development. We add, change, and remove features. We'll do our best to communicate materially breaking changes ahead of time.

4. Beta status and "as is" nature

The Service is currently a pre-release beta. To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or free of harmful components.

You should not rely on the Service for mission-critical workloads during the beta period. We may suspend the Service, re-set test data, or change behavior with limited notice.

5. Acceptable use

You agree not to:

• Use the Service to send spam, phishing, malware, or any unlawful content.
• Reverse-engineer the Service except where the law expressly permits it.
• Attempt to gain unauthorized access to any part of the Service or to any account that isn't yours.
• Use the Service in a way that could damage, overload, or degrade it for other users.
• Use the Service to collect data about end users in violation of any privacy law or end-user agreement that applies to you.
• Misrepresent your identity or affiliation when applying for beta access.

We may suspend or terminate your access if we believe you've violated these Terms.

6. Customer responsibility for end-user privacy

When you install the SDK or post events to our HTTP API from your own application, you are the controller of the data you collect about your end users. You are responsible for:

• Providing your end users with an appropriate privacy notice.
• Obtaining the consents required by the laws that apply to your end users (including the GDPR, ePrivacy, and CCPA where applicable).
• Honoring end-user requests to access, correct, or delete their data.
• Not sending us special-category personal data (e.g., health, financial account data, government IDs) without an appropriate legal basis and our prior agreement.

GetFluxly acts as a processor for the data you send into the Service.

7. Your content and data

You keep all rights to the data you send to the Service. You grant us a limited, worldwide, non-exclusive license to host, process, and display that data only as needed to provide and improve the Service.

We do not sell your data and we do not use the contents of customer events to train external models.

8. Our intellectual property

The Service, including the website, the brand, the SDK source, and the underlying platform, is owned by us (and our licensors) and is protected by intellectual property laws. The SDK is distributed under its own license listed in the npm package; nothing in these Terms grants you rights beyond that license.

9. Third-party services

The Service relies on third-party infrastructure (e.g., Vercel, Supabase, Google Analytics, and your chosen email provider). Those services have their own terms. Any links from our site to third-party sites are provided for convenience and we don't control or endorse them.

10. Limitation of liability

To the maximum extent permitted by law, GetFluxly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of (or inability to use) the Service.

Our aggregate liability arising out of or relating to the Service during any beta period is limited to fifty US dollars (US $50). Some jurisdictions don't allow these limitations, so they may not fully apply to you.

11. Termination

You can stop using the Service at any time. We may suspend or terminate access if you violate these Terms, if we're required to by law, or if we discontinue the Service. On termination, the sections of these Terms that by their nature should survive will survive (including ownership, disclaimers, limitations of liability, and dispute resolution).

12. Governing law

Governing-law placeholder. Replace this paragraph once the legal entity is finalized: "These Terms are governed by the laws of [STATE/COUNTRY], without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in [VENUE CITY/COUNTY, STATE/COUNTRY], and you and we consent to the personal jurisdiction of those courts."

13. Changes

We may update these Terms from time to time. When we make material changes we'll update the "Last updated" date at the top and, where appropriate, give notice. Continuing to use the Service after a change means you accept the updated Terms.

14. Miscellaneous

These Terms (together with the Privacy Policy) are the entire agreement between you and GetFluxly about the Service. If any part of these Terms is held to be unenforceable, the rest will remain in effect. Failure to enforce a provision isn't a waiver of our right to enforce it later. You can't assign these Terms without our written consent; we can assign them in connection with a merger, acquisition, or sale of assets.

15. Contact

Questions about these Terms? Email hello@getfluxly.com.