Terms And Conditions

Fluid Business Solutions Limited - Terms And Conditions
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‍This app is provided by Fluid Business Solutions Limited of Level 1, Brockbourne House, 77 Mount Ephraim, Tunbridge Wells, Kent TN4 8BS, United Kingdom, a company registered in England with company number: 09120162 and VAT registration number: GB 192677074, hereafter referred to as (“we”, “us”, “our”).
These terms of use (“Terms and Conditions”) together with our privacy policy (“Privacy Policy”) govern your use of the web application (“App”). By using the App, you agree to be legally bound by these Terms of Use and our Privacy Policy, as they may be modified and posted on our website from time to time. You should therefore read these Terms of Use and our Privacy Policy carefully before using the App. If you do not wish to accept these Terms of Use and our Privacy Policy, you should not use this App. If you sign up to use any services which we charge fees for, our terms and conditions (“Terms and Conditions”) will apply in addition.

‍1. Provision of the Services
‍1.1 We provide use of the App free of charge. You are permitted to use our App for your own business purposes. Please note that this free access does not include advanced features or professional services which are provided under separate terms within our SaaS Agreement.
1.2 You are not permitted to:
(i) Extract the source code of the App;
(ii) Translate the App into other languages; or
(iii) Make derivative versions of the App. The App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to us.
1.3 We reserve the right to make changes to the App or to charge for the App at any time and for any reason. We will never charge you for the App without first making it very clear to you when and how you will be charged.
1.4 We are permitted to make updates to the App at any time. The App is currently available as a responsive web application accessed via browser.
1.5 Priority of Agreements: In the event of any contradictions or discrepancies between these Terms of Use and the Software as a Service Agreement (SaaS Agreement) signed between you (the Customer) and Fluid Business Solutions Limited, the SaaS Agreement shall take precedence. Please refer to the SaaS Agreement for specific terms and conditions that may override these Terms of Use.
1.6 A "monthly active user" is defined as an individual whose user record is marked as "active". This designation indicates that the user has access to and is eligible to interact with the platform’s features and services. The MAU count is reset at the start of each new calendar month, ensuring that licensed users is measured within the respective 30 or 31-day timeframe.

‍2. Availability
‍2.1 We endeavour to make the App available at all times; however, Apps do sometimes encounter downtime due to server and other technical issues. For users under the SaaS Agreement, please refer to the Service Level Agreement (SLA) outlined in Schedule 4 of the SaaS Agreement for details on availability and scheduled maintenance.
2.2 Access to the App may be suspended at any time without any notice being given to you.
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‍3. Personal Data
‍3.1 We will process and use personal data that you provide to us when registering for and using the App in accordance with the terms of our Privacy Policy. For services under the SaaS Agreement, please refer to the Data Protection Schedule for detailed data processing terms.
3.2 Please note that it is your responsibility to keep your phone and access to the App secure.
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‍4. Acceptable Use
‍4.1 When using the App you shall not post or send any material:
(i) For which you have not obtained all necessary consents;
(ii) That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or is otherwise contrary to applicable law; or
(iii) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.2 All content accessed via the App is subject to copyright or other intellectual property rights and may not be used except as expressly permitted in these Terms of Use.
4.3 You shall not gather, extract, reproduce, and/or display on any other website or other online service, any material accessed via the App, specifically including information relating to our services, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data.
4.4 You shall not use the App to provide services or details about our services or other information to third parties.
4.5 Without the prior written consent of Fluid Business Solutions, you shall not conduct or request, commission, or assist any third party to conduct any form of load testing, penetration testing, or security scanning of fluid.work services or domains. This clause is further detailed in the Acceptable Use Policy outlined in the SaaS Agreement (Schedule 2).
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‍5. Your Data
‍5.1 You agree that all data you send or upload using the App (including, but not limited to emails, text, or responses to any information available via websites) is legal, not offensive, decent, and truthful, complies with all laws and regulations, does not infringe the intellectual property rights or other rights of us or any third party, is not defamatory, unreliable, or misleading, or otherwise objectionable and is free from bugs, worms, or viruses.
5.2 All data provided by you (data entry or automated feeds, etc.) remains the sole property of you. We commit to storing and managing this data in strict accordance with our SOC-2 certified data security policies and processes. For users under the SaaS Agreement, please refer to the Agreement for specific clauses related to data ownership and protection.
5.3 You are solely responsible for your data. If we consider that any part of your data exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of the App and remove all or part of your data. You must provide all reasonable assistance in this respect.
5.4 We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person sending or posting material via the App in breach of these Terms of Use.

‍6. Links to Other Websites
‍6.1 Any links to third-party websites via this App are provided for your convenience only. We have not reviewed such third-party websites and have no responsibility for such third-party websites or their content. We do not endorse any third-party websites or make representations about them or any material contained in them. If you choose to access any third-party websites linked to from this App, this is at your own risk.
6.2 Please note that the terms of use and privacy policy of linked websites may differ from our Terms of Use and Privacy Policy. We encourage users to be aware of this when using the App, and to read the terms of use and the privacy policy of such third-party websites.
6.3 If you would like to link to our websites, you may only do so on the basis that you link to, but do not replicate, any page on our websites, and subject to the following conditions:
(i) You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(ii) You do not misrepresent your relationship with us or present any false information about us;(iii) You do not link from a website that is not owned by you; and
(iv) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with applicable laws.
6.4 If you choose to link to our websites you shall fully indemnify us for any loss or damage suffered as a result of your actions.
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‍7. Disclaimer
‍7.1 We take all reasonable steps to ensure that the information available via the App is correct. However, we do not guarantee the correctness or completeness of material accessed via the App. We may make changes to the material available via the App at any time and without notice. The material available via the App may be out of date, or on rare occasions incorrect, and we make no commitment to ensure that such material is correct or up to date.
7.2 The material accessed via the App is provided without any express or implied conditions or warranties of any kind. To the maximum extent permitted by law, we exclude all representations, warranties, and conditions in relation to the provision and use of the App.

‍8. Liability
‍8.1 We do not accept any liability for the accuracy, completeness, or suitability for a particular purpose of any content published or made available via the use of the App, unless liability cannot be restricted by mandatory applicable law.
8.2 We have no liability to you for any damages arising in contract, tort, or otherwise from the use of or inability to use the App or another website linked to or from the App or any material contained therein, or from any action or decision taken as a result of using the App.
8.3 We shall not be liable for any damage which may result from the download, installation, storage, or use of software or content via use of the App.
8.4 Nothing in these Terms of Use shall exclude or limit liability for:
(i) death or personal injury caused by negligence;
(ii) fraud;
(iii) misrepresentation; or
(iv) any liability which cannot be excluded or limited under applicable law.
For customers under the SaaS Agreement, please refer to Clause 15 (Limitation of Liability) of the Agreement for detailed limitations and indemnities.

‍9. Governing Law and Jurisdiction
‍Use of the App shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising in connection with the use of the App shall be subject to the exclusive jurisdiction of the English courts. This clause is consistent with the governing law provision found in the SaaS Agreement.

10. Changes to These Terms of Use
‍These Terms of Use may change from time to time and therefore you should review them regularly. We will of course notify you of any changes where we are required to do so. Changes will be posted on this page and, where appropriate. These Terms of Use were last updated on the 2nd of September 2024 and replace all other terms of use previously applicable.

‍11. Contact
‍Questions, comments, and requests regarding these Terms and Conditions are welcomed and should be addressed to: support@fluid.work, or please write to us at the address given at the start of these Terms of Use.