Fluence Inc. Terms of Service

Effective Date: July 1, 2025

1. Acceptance of Terms
   By creating an account, clicking "I accept," or accessing the Fluence platform (the "Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service (the "Terms"). If you do not agree, do not use the Service.

2. Eligibility and Age Restriction
   You must be at least 16 years old and legally capable of forming a binding contract to use the Service. We do not knowingly allow users under 16 to register.

3. The Fluence Service
   Fluence Inc. ("Fluence," "we," "our," or "us") provides a web‑based analytics platform that aggregates publicly available paid‑partnership data from TikTok and Instagram. Customers may follow companies and creators, view collaboration details, and access related metrics.

4. Account Registration and Security
   You may register for the Service using Google OAuth, email/password, or other SSO providers. We collect your name, email address, and—where the identity provider supplies it—your profile image. You agree to keep your credentials confidential and are responsible for all activities that occur under your account.

5. Subscription Plans, Fees, and Billing
   We offer Startup, Premium, and Enterprise subscription tiers, billed monthly in advance via Stripe. Fees are non‑refundable once a monthly billing period has begun. You may cancel at any time; service continues until the end of the current billing month.

6. Acceptable Use
   You agree not to:

   • Scrape, harvest, or employ automated systems (e.g., bots, crawlers) to access or extract data from the Service;

   • Reproduce, distribute, or publicly display Service data outside your organization without Fluence's written consent;

   • Use the Service to develop, operate, or assist any competing paid‑partnership analytics product;

   • Violate TikTok, Instagram, or any other third‑party platform terms through your use of the Service;

   • Interfere with or disrupt the Service or its security.

   Violation may result in immediate account termination without refund.

7. Service Levels & Support Commitment
   
   

   • Uptime: 99.5% monthly availability, excluding scheduled maintenance and emergency maintenance.

   • Service Credits: If monthly uptime falls below 99.5%, you may request a credit equal to the prorated fees for downtime hours.

   • Support Hours: Email support (support@getfluence.app) Monday‑Friday 08:00‑18:00 America/Denver.

8. Security Incident Notification & DR/BCP
   Fluence will notify you within 24hours of confirmation of any unauthorized access to Personal Data and will provide updates until resolution. Recoverytime objective (RTO) is 48hours.

9. Non‑Compete
   During your subscription term and for 24months thereafter, you shall not build, market, or sell a paid‑partnership analytics service that competes with Fluence, nor assist any third party in doing so.

10. Proprietary Rights
    All intellectual‑property rights in the Service and its data belong to Fluence or its licensors. Fluence grants you a non‑exclusive, non‑transferable, limited license to use the Service during an active subscription for your internal business purposes.

11. Data Portability & Transition Assistance
    Upon termination, you may export a structured file containing your account information. For 30days thereafter, Fluence will provide reasonable assistance to facilitate this transition at no additional charge.

12. Taxes
    Fees are exclusive of all sales, use, VAT, or similar taxes. You are responsible for such taxes (excluding taxes on Fluence's net income).

13. Compliance with Laws & Export Controls
    Each party will comply with all applicable laws, including export‑control regulations and anti‑bribery laws.

14. Security Attestations & Limited Audit Rights (Enterprise Tier)
    Fluence does not currently maintain a SOC 2 Type II or equivalent third‑party security attestation. Enterprise customers may request a security questionnaire or remote audit, subject to reasonable scheduling and confidentiality.

15. Indemnification
    
    

    • You will indemnify Fluence from third‑party claims arising out of your breach of these Terms or misuse of the Service.

    • Fluence will defend you against claims alleging that the Service infringes a third party's U.S. intellectual‑property rights, and will pay resulting damages or settlements approved by Fluence.

16. Privacy
    Our collection and use of personal data is described in the Fluence Privacy Policy, incorporated by reference.

17. Term and Termination
    These Terms remain in effect while you have an active account. Either party may terminate for uncured material breach after 30days' written notice. Fluence may terminate immediately for AcceptableUse violations.

18. Disclaimers
    The Service and all data are provided "as is" without warranties of any kind. Fluence does not guarantee completeness, accuracy, or uninterrupted availability of socialmedia data.

19. Limitation of Liability
    To the maximum extent permitted by law, Fluence's total liability for all claims in any 12month period will not exceed the fees you paid to Fluence in that period. Fluence is not liable for lost profits, loss of data, or indirect/consequential damages.

20. Governing Law, Arbitration & Class‑Action Waiver
    These Terms are governed by Utah law. All disputes will be resolved by binding arbitration in Salt Lake City under the AAA Commercial Rules. You waive the right to participate in any class or representative action.

21. Miscellaneous
    These Terms constitute the entire agreement between you and Fluence, superseding any prior agreements. If any provision is held unenforceable, the remainder remains in effect. Neither party may assign these Terms without the other's consent, except to an affiliate or successor in merger/acquisition.