Legal

Terms of Service

Effective date: January 1, 2025

Please read these Terms of Service carefully before using the FLUX platform operated by XaltraX Inc.

1. Acceptance of terms

By accessing or using the FLUX platform ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. "You" refers to you as an individual or, if applicable, the legal entity on whose behalf you use the Service.

2. Account registration

To access certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information during registration.

Maintain and promptly update your account information.

Maintain the confidentiality of your password and not share it with third parties.

Notify us immediately of any unauthorized use of your account.

Accept responsibility for all activities that occur under your account.

You may not use another person's account without their permission. Accounts may not be transferred without our prior written consent.

3. Subscription and billing

Access to certain features of the Service requires a paid subscription. By subscribing, you agree to:

Pay the applicable fees as described on the Pricing page at the time of purchase.

Provide a valid payment method that you are authorized to use.

Allow us to charge your payment method for all fees incurred.

Subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in our Refund Policy or required by applicable law.

We may change subscription pricing with 30 days' advance notice. Continued use of the Service after a price change constitutes your acceptance of the new pricing.

4. Acceptable use

You agree not to use the Service to:

Violate any applicable law, regulation, or these Terms.

Generate, upload, or distribute content that is illegal, harmful, defamatory, obscene, or otherwise objectionable.

Infringe the intellectual property rights of any third party.

Upload malware, viruses, or any other malicious code.

Attempt to gain unauthorized access to any part of the Service or its related systems.

Use automated tools to scrape, crawl, or extract data from the Service.

Use the Service to send unsolicited communications (spam).

Impersonate any person or entity, or falsely represent your affiliation with any person or entity.

We reserve the right to suspend or terminate accounts that violate these rules, with or without notice.

5. Your content

You retain ownership of all content you upload or create using the Service ("Your Content"). By uploading content, you grant XaltraX Inc. a non-exclusive, worldwide, royalty-free license to host, store, process, and display Your Content solely as necessary to provide the Service.

You represent and warrant that:

You own or have the necessary rights to Your Content.

Your Content does not infringe any third-party intellectual property, privacy, or other rights.

Your Content complies with these Terms and all applicable laws.

We do not use Your Content to train AI models without your explicit, opt-in consent.

6. FLUX intellectual property

The Service and its original content (excluding Your Content), features, and functionality are and remain the exclusive property of XaltraX Inc. and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Content generated by the AI features of the Service may be used commercially by you subject to your subscription plan, but XaltraX Inc. makes no warranty that AI-generated content is free from third-party intellectual property claims.

7. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms.

You may terminate your account at any time from your account settings. Upon termination:

Your right to access the Service will cease immediately.

We will delete Your Content within 30 days (except where retention is required by law).

Any outstanding fees for the current billing period remain due.

8. Disclaimers

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

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XALTRAX INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

10. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be submitted to non-binding mediation. If mediation fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in Delaware. You waive any right to a jury trial or class action.

11. Changes to terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

12. Contact

Questions about these Terms? Contact us at:

XaltraX Inc.

254 Chapman Rd, Ste 208 #24467

Newark, Delaware 19702 US

Email: legal@xaltrax.com