Flux Payments – Terms and Conditions

Effective Date: October 21, 2025 (or the date of your electronic acceptance of these Terms)

1. Introduction and Acceptance

Welcome to Flux Payments! These Terms and Conditions (the "Terms") form a legal agreement between you (referred to as "you" or the "User") and Flux Payments (referred to as "Flux", "we", or "us"). By accessing or using the Flux Payments platform or services, you agree to be bound by these Terms. This includes any features or tools we add in the future – your continued use after new features or updates means you accept the updated Terms. If you do not agree with these Terms, you must not use Flux Payments.

Scope: These Terms apply to all users of Flux Payments worldwide, including both Merchants and Consumers (as defined below). Additional policies such as our Privacy Policy and any applicable program guidelines are incorporated by reference. By agreeing to these Terms, you also acknowledge our Privacy Policy and other policies (e.g. Acceptable Use Policy) as part of this agreement.

• Merchant: An individual or business entity that uses Flux Payments to create payment links and receive payments for goods or services from consumers.
  
• Consumer: An individual who uses Flux Payments to make a payment to a Merchant via a payment link (also referred to as a buyer or customer).
  

Both Merchants and Consumers are considered "Users" under these Terms. Certain provisions below address specific responsibilities of Merchants or Consumers, but all users must comply with the general rules and obligations described here. By using Flux, you confirm that you are able to enter into a binding contract (e.g., you are at least the age of majority in your jurisdiction). If you are using Flux on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services (Flux’s Role)

Flux Payments provides an online payment platform that enables Merchants to generate secure payment links which Consumers can use to pay for the Merchants’ products or services. Flux’s role is strictly to facilitate payment processing – we transmit Consumers’ payments to Merchants. We are not a party to the underlying sale or transaction between a Merchant and a Consumer, and we do not have control over or responsibility for the quality, safety, legality, or delivery of the goods or services for which payment is made. Any contract of sale or service is solely between the Merchant and the Consumer, and Flux is not a seller, buyer, or guarantor in that transaction.

Flux is not responsible or liable for the goods or services that Consumers purchase from Merchants using our Service. Merchants are entirely responsible for fulfilling orders, providing the products or services promised, and handling any customer service or dispute issues related to what they sell. Consumers are responsible for choosing what to purchase and for the outcome of that choice. Flux does not endorse or verify the products or services offered by Merchants, and we do not guarantee that a Merchant will fulfill their obligations.

Except for our role in processing payments securely, Flux will not intervene in disputes between a Consumer and a Merchant over the product or service. (For example, if a product is not delivered or is defective, the Consumer’s remedy is against the Merchant, not Flux.) If a Consumer and Merchant have a dispute, we encourage them to communicate and resolve it directly. While you may contact Flux support to report an issue, you acknowledge that Flux has no obligation to resolve or arbitrate such disputes and will not make judgments about claims between users. In some cases, at our discretion, we may pass information about a Consumer’s complaint to the Merchant or vice versa as a courtesy, but ultimately it is the Merchant’s responsibility to address issues with their customers. By using Flux, you agree to release Flux from any claims or damages arising out of disputes you have with other users (Merchants or Consumers) related to transactions through our Service.

3. Eligibility and User Account Registration

Eligibility: You must be eligible to use our Service. You represent that you are at least 18 years old (or the age of legal majority in your jurisdiction) and are not barred from using Flux by applicable law. You may not use Flux if you have previously been suspended or terminated by us, or if you are on any government sanction lists (e.g., listed by U.S. OFAC). You also must not use Flux if it would violate any export control, embargo, or other law applicable to you.

Account Registration: Many features of Flux (especially for Merchants) require setting up an account. When creating an account, you agree to:

• Provide truthful, current, and complete information about yourself and/or your business. You must keep your account information (such as contact details, business name, address, beneficial owners, etc.) up to date at all times. If any of your information changes, you should promptly update your account. Providing false information or failing to update information is a breach of these Terms. Flux reserves the right to suspend or terminate your account if information is inaccurate, out-of-date, or incomplete.
  
• Maintain security of your account credentials. You are responsible for safeguarding your login username, password, and any two-factor authentication tools or API keys. Do not share your credentials with anyone and ensure you use a strong password and appropriate security measures. You are responsible for all activities that occur under your account (including actions by your employees or agents, if you create sub-accounts for them). Flux is not liable for any loss or damage arising from your failure to protect your account information. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately.
  
• Use of Account: You may only create an account for yourself (as an individual) or your own business. You must not impersonate any other person or entity or misrepresent your identity or affiliation. If you are registering on behalf of a business or organization, you warrant that you have the authority to bind that entity to these Terms, and “you” will refer to that entity. You may not transfer or assign your account to someone else without our prior written consent.
  

Flux may require you to undergo certain verification processes when opening or using an account. For example, we might ask for identity documents, business licenses, taxpayer identification, or other information to verify your identity, perform credit or background checks, or comply with "Know Your Customer" (KYC) regulations. You authorize Flux to directly or through third parties make any inquiries necessary to validate your identity and assess risk (including obtaining information from credit bureaus or other databases, where permitted by law). If you do not provide required information or if we cannot verify you, we may refuse or limit your access to the Service.

4. Permitted Uses and Restrictions

Flux grants you a limited, non-exclusive, non-transferable right to use our Service only for lawful purposes and in accordance with these Terms. You agree not to misuse the Service. In particular, whether you are a Merchant or a Consumer, you shall NOT engage in any of the following prohibited activities:

• Unlawful or Fraudulent Activity: You may not use Flux for any illegal purpose or in furtherance of illegal activities. This includes, without limitation, using Flux to launder money, finance terrorist or criminal operations, or process payments for any illegal products, services, or activities (such as illegal drugs, counterfeit goods, illicit gambling operations, child exploitation, etc.). You also must not use stolen credit cards, debit cards, banking credentials, or any unauthorized payment methods on our Service, nor falsely represent the nature of a transaction (no "miscoding" transactions to hide the true purpose).
  
• Prohibited Goods/Services: As a Merchant, you agree that you will not use Flux to accept payments for any goods or services that are prohibited by law or by Flux’s acceptable use policies. This includes products/services that are illegal in the jurisdictions involved, as well as items that Flux or our payment partners have banned (for example, certain adult content, illegal firearms, fraudulent schemes, or any other categories we designate as high-risk or unacceptable in our Acceptable Use Policy). We may publish or update a list of prohibited or restricted businesses from time to time, and you agree to review and comply with it. Flux reserves the right to decline processing any transaction that we believe violates our policies or any law/regulation.
  
• Harmful or Abusive Conduct: You must not use the Service to harm or harass Flux, other users, or any third party. Do not submit content that is defamatory, libelous, obscene, hateful, or otherwise objectionable or that violates any person’s rights (including intellectual property and privacy rights). You also agree not to engage in activities that could harm the reputation or operations of Flux, such as disseminating false information about our Service, or using Flux to facilitate scams or deceptive practices.
  
• Interference with the Service: You shall not interfere with or disrupt the normal operation, integrity, or performance of Flux Payments. This means no introducing malware, viruses, worms, Trojan horses or any other malicious code into our platform. You must not attempt to gain unauthorized access to our systems or data, or to other users’ accounts, or circumvent any security measures. Any form of hacking, probing, or scanning of our infrastructure for vulnerabilities is strictly prohibited. Similarly, you may not overload the Service (e.g., via a denial-of-service attack or excessive usage that is outside normal patterns).
  
• Service Integrity and Fair Use: You will not use any automated means (such as bots or scrapers) to access the Service or collect data without our permission. Do not try to copy, modify, distribute, or create derivative works of our software or services. Reverse engineering or decompiling any part of Flux’s software is forbidden (except to the limited extent that applicable law permits it despite this limitation). You also agree not to "frame", "mirror", or otherwise incorporate any portion of our Service into any other website or service, and not to build a competing product or service using any ideas, features, or functions of Flux.
  
• Circumventing Limits or Policies: You must not use the Service in a way that circumvents or attempts to bypass any usage limits, pricing structure, or technical restrictions that we impose. This includes creating multiple accounts to evade volume limits or account bans, or using Flux in a manner that violates our Acceptable Use Policy or any other policy we communicate. If we have flagged certain activities or industries as requiring pre-approval, you shall not engage in them via Flux without obtaining that approval.
  

Flux reserves the right to investigate and take appropriate action (including terminating accounts and/or involving law enforcement) if you violate these rules. We may immediately suspend your account and access to the Service if we determine (in our sole judgment) that your use poses a serious threat to the security or integrity of the platform or is in breach of these restrictions. Using the Service in prohibited ways is grounds for termination and may also result in legal action against you.

5. Merchant Obligations and Responsibilities

This section applies specifically to Merchants using Flux Payments to accept payments from Consumers. By using Flux as a Merchant, you agree to the following obligations:

• Responsibility for Goods/Services: You (the Merchant) are solely responsible for the goods or services that you offer or sell using Flux. This means you are responsible for fulfilling orders, delivering the product or performing the service as described to the Consumer, and for meeting any advertised commitments regarding quality, warranty, or support. You must ensure that all descriptions, prices, and other details about your goods/services are accurate and not misleading. All customer service, product support, returns, refunds, and dispute resolution related to what you sell are your responsibility – not Flux’s. If a Consumer has an issue or complaint about the product/service they purchased from you, you are obligated to address it in accordance with your policies and applicable law. Flux is not involved in the supply of your products/services and does not guarantee any aspect of them, so Consumers should not direct product-related claims to Flux.
  
• Legal Compliance: You agree to comply with all laws and regulations that apply to your activities as a Merchant. This includes, but is not limited to, laws related to sales, e-commerce, consumer protection, product safety, data privacy, intellectual property, import/export, taxes, and any regulatory requirements in your industry or region. You are responsible for obtaining and maintaining any licenses or permits required for your business. If you are selling to consumers in other jurisdictions, you must also comply with those jurisdictions’ consumer protection and e-commerce laws to the extent applicable. For example, if a law requires you to offer a refund or cancellation period to a consumer, you must honor that. Flux is not responsible for advising you on the laws that apply to your business; you should seek legal counsel if unsure of your obligations.
  
• Prohibited Business Activities: As part of your compliance obligations, you agree not to use Flux for any business that is illegal or that is otherwise prohibited by our policies (see Section 4: Permitted Uses and Restrictions above). Flux may require pre-approval or impose additional requirements for certain high-risk industries or transaction types. You agree to cooperate with any such requirements and not to attempt to disguise the nature of your transactions. If you are found to be using Flux for prohibited or illegal transactions, your account will be subject to immediate termination (see Termination section below) and potential reporting to law enforcement or regulatory authorities.
  
• Payment Card Network Rules: If you accept payment card transactions (e.g., credit or debit cards) via Flux, you must abide by the operating rules of the card networks (Visa, MasterCard, American Express, etc.) and any other payment methods you accept. This includes rules on displaying card logos, maintaining fair refund/cancellation policies, not charging excessive surcharges beyond what the law allows, etc. You also agree to only submit charges that are legitimate and authorized by the customer – you will not process a card transaction that you know (or should know) is fraudulent or unauthorized. If you accept prepayments or deposits for future services or goods, you should inform the customer of any applicable terms and follow card network rules on such transactions.
  
• Taxes and Fees: You are responsible for determining, collecting, and remitting any taxes (such as sales tax, VAT, GST) that apply to the payments you receive via Flux. Flux does not withhold or file taxes on your behalf (except as may be required for certain cross-border transactions, in which case we will notify you). You should include any required taxes in the prices you charge to Consumers and provide them with any necessary invoices or receipts. Additionally, you are responsible for any fees that Flux discloses for using the Service (e.g., transaction processing fees). Flux may deduct its fees and any chargebacks or reversals from the payments we forward to you, as described in separate fee schedules or your merchant agreement. We may also require a reserve or hold on funds or impose payout delays in certain situations to cover potential refunds or chargebacks – we will notify you if such measures apply to you.
  
• Customer Data and Privacy: If you receive personal data of Consumers through Flux (for instance, shipping addresses, emails, or purchase history), you agree to use that information only for legitimate business purposes related to fulfilling the transaction or providing customer service, and in compliance with privacy laws. You must protect any personal data you hold and not misuse it. You may not sell or share Consumer data to third parties except as permitted by law and your own privacy policy. Flux’s Privacy Policy governs how Flux collects and handles personal data; you should have your own privacy practices for data you obtain directly from customers. (Note: Payment card data is generally handled by Flux as described in Section 7, so Merchants typically will not receive full card numbers – and if you somehow do, you must handle them in a PCI-compliant manner.)
  
• Merchant Content and IP Warranty: If you upload or provide any content to Flux for use with the Service (for example, your business name, logos, product descriptions, or any images), you grant Flux a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content as needed to operate the Service (for example, to display your company name or product info on a hosted payment page or receipt). You represent and warrant that you have all necessary rights to any content you provide and that our use of such content as permitted will not infringe or violate any third-party’s rights. Merchants shall not upload or use Flux to transmit content that infringes any intellectual property rights or that the Merchant does not have permission to use.
  
• Indemnification: To the fullest extent permitted by law, you agree to indemnify and hold Flux harmless from and against any losses, liabilities, damages, claims, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your products or services (including any claims about product defects, false advertising, personal injury, or property damage caused by your goods/services), (b) your breach of these Terms or any policy incorporated herein, (c) your violation of any law or regulation in connection with your use of Flux, or (d) any transaction you process through Flux (including any Customer disputes, chargebacks, or fraud). This means if a third party (for example, a customer or a government agency) makes a claim against Flux because of something you did or failed to do, you will reimburse Flux for the cost of that claim (including legal fees, fines, or judgments). Flux will notify you of any such claim and may allow you to assist in the defense, but Flux reserves the right to control the defense and settlement of any indemnified claim.
  

Merchants acknowledge that Flux is a payment facilitator and not a bank. Funds for transactions processed through Flux may be held in pooled accounts pending disbursement to you. You have no property interest in those funds until they are paid out to you, and those funds are not insured by the FDIC in your name (though Flux may maintain its own insurance or surety bonds as required by law). We will generally settle payments to your designated bank account according to our standard schedules (e.g., daily or weekly), but we are not responsible for any delay due to bank processing times or unforeseen circumstances.

6. Consumer Responsibilities

This section applies to Consumers who use Flux Payments to purchase products or services from Merchants via payment links. By making a payment through Flux, you agree to the following:

• Accurate Information: You must provide accurate and complete information at checkout or when making a payment. This includes your payment information (credit card number, expiration, CVV or other payment account details), billing information, shipping address (if physical goods are being delivered), contact email, and any other data requested to process the transaction. You represent that you are authorized to use the payment method you choose and that the information you provide is correct. Providing false information or using a payment method that does not belong to you (for example, using someone else’s credit card without permission) is illegal and will be considered a serious violation of these Terms.
  
• Payment Authorization: By submitting a payment through Flux, you authorize Flux (and our payment processors) to charge your chosen payment method for the full amount of the transaction, including any applicable taxes or fees. For card payments, this means you authorize an electronic charge to your card account; for ACH or bank payments, you authorize a debit from your bank account, etc. If the Merchant later issues a refund, Flux may credit the same payment method (if possible) or otherwise facilitate the refund to you according to our processes. You also authorize Flux to store your payment information (such as credit card tokens) for the purpose of processing the transaction and for future transactions in accordance with our Privacy Policy and security procedures.
  
• No Unlawful Purchases: You agree not to use Flux to engage in any unlawful purchases. You will not attempt to buy any product or service via Flux that is illegal in your location or the merchant’s location. If you are unsure about the legality of a purchase, do not complete the transaction. You also agree not to use Flux for any fraudulent purposes, such as attempting to use a stolen payment card, falsely claiming a chargeback without merit, or other deceptive practices. Such activities can result in account termination and legal action.
  
• Responsibility for Charges: You are responsible for any charges you incur by using Flux. This includes the transaction amount and any additional fees or interest charged by your bank or card issuer (for example, currency conversion fees or cash advance fees if applicable, though typically purchases are not cash advances). If you funded a payment with a credit card, you are responsible for paying your credit card bill. If a payment is reversed due to insufficient funds, chargeback, or any other reason, you remain liable to the Merchant (or to Flux, if we reimbursed the Merchant) for the amount of the transaction. We reserve the right to recover any such amounts from you (for example, by re-charging your payment method, or, if you have a Flux account, deducting from any balance or future payments) in accordance with lawful means.
  
• Consumer-Merchant Relationship: You understand that Flux is not the seller of any product or service you purchase – the Merchant is. Any issues or questions about what you bought (including product quality, functionality, warranty, delivery, returns, or refunds) should be directed to the Merchant, not to Flux. Flux’s customer support can assist with technical issues regarding the payment process (e.g., if your card was declined or if you encountered an error during checkout), but Flux does not provide customer service for the actual products/services obtained via the payment link. If you have a dispute or complaint (such as a product not delivered, or not as described), you must address it with the Merchant. In the event you cannot resolve the issue with the Merchant, you may have the option to pursue a chargeback or dispute with your card issuer or bank. However, please be aware that misuse of chargeback rights (for example, filing false or frivolous disputes) is prohibited and may result in your access to Flux being terminated.
  
• No Endorsement by Flux: Flux does not endorse or guarantee any Merchant or any offering of goods/services. The presence of a Merchant on our platform or the ability to pay them via Flux does not mean Flux has conducted a comprehensive background check or validation of that Merchant. We may do basic vetting to comply with our regulatory obligations, but you should exercise due diligence and common sense when deciding to purchase from a Merchant. Flux shall not be liable for transactions you undertake – you do so at your own risk, and you are responsible for determining the suitability and trustworthiness of a Merchant.
  
• Digital Goods and Chargebacks: If you purchase digital goods or services (such as software, downloads, subscriptions) using Flux, be aware that card network rules often have special policies for digital transactions. You agree that once a digital good is delivered or accessed, you may not be entitled to a refund unless the Merchant agrees or as required by law. Attempting to charge back a legitimate digital purchase after receiving the goods (often called "friendly fraud") is a misuse of the Service. Flux may provide evidence to banks/card networks to challenge any illegitimate chargebacks and this may include your account and transaction details.
  
• Geolocation and Security Checks: When you initiate a payment, Flux may collect information about your device or browser, including geolocation data (e.g., your IP address or GPS location), to help prevent fraud. By making a payment, you consent to Flux collecting and analyzing your geolocation and other device identifiers for fraud prevention purposes. If a transaction appears unusually risky (for example, a mismatch between your location and the billing address, or other fraud indicators), the payment may be delayed or declined for your protection and the Merchant’s. You may be asked to complete additional verification (such as 3-D Secure authentication, a one-time passcode, or providing identification) to complete the payment. Please cooperate with any reasonable measures to verify your transaction. These security steps are in place to protect all parties and help ensure that Flux can process transactions securely.
  

7. Payment Processing, Security, and Data Use

Flux is committed to providing a secure payment processing service for both Merchants and Consumers. This section outlines how payments are processed and how data is handled:

• Authorization and Settlement: When a Consumer initiates a payment via a Flux payment link, Flux (through its payment processor partners or acquiring bank) will attempt to authorize the transaction on the Consumer’s behalf. If the payment is authorized by the Consumer’s bank or payment provider, Flux will capture the funds and subsequently settle them to the Merchant’s account after any applicable holding period. Merchants understand that settlement of funds may be subject to delays for various reasons (bank processing times, batching, fraud reviews, etc.), and Flux is not liable for any delay outside our control. We will make commercially reasonable efforts to remit payments to Merchants in a timely manner. Typically, card payments might settle to the Merchant in a few business days, but timeframes can vary.
  
• PCI-DSS Compliance: Flux takes data security very seriously. We adhere to the Payment Card Industry Data Security Standard (PCI DSS) with respect to processing, transmitting, and storing cardholder data. This means we implement robust technical and organizational measures to protect credit card numbers and other sensitive payment information. Flux (or our payment service providers) will tokenize or encrypt card numbers and we do not expose full card details to Merchants or unauthorized parties. As a Merchant, if you for any reason receive or handle card data outside of Flux’s systems, you are responsible for ensuring PCI DSS compliance on your end as well, but generally Merchants using Flux should not need to store card numbers themselves. Consumers can be confident that their card information is handled in accordance with industry security standards.
  
• Data Collection and Geolocation: When you use Flux, we collect certain data necessary to process the transaction and to comply with legal and security obligations. This includes payment information (such as card or bank account details, expiration dates, etc.), contact information (email, phone number if provided), device information, and geolocation data (like IP address, device location) at the time of transaction. Flux uses geolocation and other device data as a tool to detect and prevent fraudulent transactions (for example, identifying if a card is being used from a high-risk location). By using our Service, you acknowledge and consent to this collection and use of data. All personal data is handled in accordance with our Privacy Policy, which describes in detail what we collect and how we use it. We encourage you to read the Privacy Policy for more information.
  
• Indefinite Data Retention: You acknowledge that Flux may retain your personal information and transaction data indefinitely, unless we decide to anonymize or delete it sooner in accordance with our data retention policies. We retain data for various purposes: to comply with financial recordkeeping laws, tax and accounting requirements, anti-money laundering (AML) and counter-terrorism regulations, and to have historical transaction records for reference and auditing. For example, as a regulated payment provider, Flux is often required by law to maintain records of transactions and user identification for several years. Additionally, keeping data helps us improve the Service (e.g., refining fraud detection algorithms) and handle any disputes or chargebacks that arise long after a sale. We will keep such data secure and use it only for appropriate purposes, but we generally do not delete transaction records, even if you close your account, except as required by law. (If applicable law grants you certain data deletion rights, we will honor those; however, certain financial data may be exempt from deletion until legally permitted.) Rest assured, credit card numbers are stored in tokenized form and any sensitive personal data is protected. By using Flux, you consent to this retention practice.
  
• Use of Third-Party Service Providers: Flux may use third-party payment processors, banking partners, or other service providers to facilitate the payment process (for example, to run credit card transactions, perform KYC verification, or store data). We ensure that any such third parties are bound by appropriate confidentiality and security obligations. However, you acknowledge that some aspects of the Service (such as the movement of funds) are performed by third parties (e.g., the card networks and banks), and Flux is not responsible for any errors or breaches that occur on the part of those third parties, provided we did not cause them. For Consumers, note that when you enter payment information, it may be submitted directly to our payment processor (and not stored on our servers) depending on how the integration is set up; regardless, the process is secure and encrypted.
  
• Secure Transactions: Flux employs a variety of security measures to safeguard transactions, including encryption of data in transit (SSL/TLS), regular security audits, and real-time fraud monitoring. However, no system is perfect. You acknowledge that the transmission of data over the internet is not 100% secure, and while Flux strives to protect your information, we cannot guarantee absolute security of data against all possible threats. By using the Service, you accept the inherent security risks of providing information and conducting transactions online. We will notify users and/or authorities as required by law in the event of any data breach affecting sensitive information.
  

If you have reason to believe unauthorized transactions or security issues have occurred in connection with your use of Flux, please contact us immediately. We also encourage Consumers to routinely check their payment account statements for any unauthorized charges and notify their bank or card issuer promptly of any discrepancies, as this can limit your liability under payment network rules.

8. Intellectual Property Rights

Ownership of Flux Materials: Flux (and its affiliates and licensors, if any) retains all rights, title, and interest in and to the Flux Payments platform, website, mobile applications, and all related services, including all software, technology, algorithms, content, materials, trademarks, logos, and intellectual property that make up the Service. The Flux name, logo, and all product or service names associated with our platform are our trademarks (or those of our licensors or partners) and may not be used without our prior written consent. The Service is protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws.

Limited License: Subject to your compliance with these Terms, Flux grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose (i.e., Merchants to create payment links and manage payments, Consumers to make payments), and not for any other purpose. This license does not give you any ownership of any aspect of the Service, nor any right to use Flux’s intellectual property except as explicitly allowed. You agree that you will not use Flux’s name, logos, or other intellectual property in any way outside what is necessary for using the Service (for example, Merchants may use Flux’s name in text to say "Pay via Flux Payments" or use any provided buttons/badges according to our guidelines, but you cannot stylize our logo or name as if you are partnered or endorsed by us without permission). You also agree not to remove, obscure, or alter any copyright or trademark notices in any content from the Service.

No Reverse Engineering: You shall not copy, reproduce, distribute, publish, reverse engineer, decompile, disassemble, or attempt to derive source code from the software that powers Flux, except to the extent that such actions are expressly permitted by law notwithstanding this limitation. Likewise, you may not create any derivative works based on the Flux service or its software. Any feedback, suggestions, or ideas you submit to Flux (e.g. suggestions for new features or improvements) may be used by Flux without obligation or compensation to you – we welcome feedback, but note that providing feedback grants us a royalty-free, sublicensable right to use and incorporate it into our products and services, and you waive any claims to ownership of improvements or new features that we may develop.

User Content: Aside from transactional data, if you upload or post any content while using Flux (for example, a Merchant uploading their logo or product image to our payment page, or a Consumer posting a review or comment if such feature exists), you retain ownership of that content. However, you grant Flux a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (e.g., reformat), display, and distribute your content solely as necessary to provide the Service or as otherwise permitted by our Privacy Policy. For instance, if you upload your business logo, we may display it on the payment checkout page for consumers to see; if you input a product description, we might show it to the paying user. We will not use your content beyond what is needed to operate or promote the Service without seeking additional permission. You represent that you have the rights to any content you provide and that our use of your content in accordance with these Terms will not violate any third-party rights. If you believe someone has infringed on your intellectual property rights through our Service (for example, a Merchant using Flux is selling counterfeit goods or a user posted content that violates your copyright), please notify us following our Copyright/IP Infringement policy so we can investigate and respond appropriately (such as removing content or terminating an infringing user’s account under the DMCA or applicable law).

Third-Party IP: All intellectual property rights not expressly granted to you in these Terms are reserved by Flux. Using our Service does not give you any ownership or license in any third-party content or trademarks that may be visible in the course of using the platform. For example, Merchants may see names of card brands or banks; those are property of their respective owners and you must follow their guidelines when referencing them. You agree that you will not do anything to infringe or misappropriate the intellectual property rights of Flux or others in connection with your use of the Service. This obligation continues even after you stop using Flux.

9. Suspension and Termination

By Flux (Termination or Suspension): Flux reserves the right to suspend or terminate your account or access to the Service at any time, for any reason, with or without prior notice. We may take such action at our sole discretion, although we will generally attempt to provide notice or warnings when reasonable. Some examples of situations where Flux might suspend/terminate include (but are not limited to):

• Violation of Terms or Policies: If you materially or repeatedly breach any of these Terms, the Privacy Policy, or any other policy (such as the Acceptable Use Policy), we may deactivate your account. For instance, if you engage in prohibited activities or refuse to comply with compliance requests, your account can be terminated.
  
• Fraud Risk and Illegal Activities: If we determine that your use of Flux poses a significant risk of fraud, money laundering, security threats, or other unlawful activities, we may suspend your account immediately. This could be due to excessive chargebacks, indicators of stolen payment information, or law enforcement alerts, for example.
  
• Credit or Financial Risk: For Merchants, if your creditworthiness deteriorates or we receive excessive chargebacks or complaints, we might terminate or impose holds. As noted, a high chargeback ratio or being listed in industry fraud databases (e.g., Terminated Merchant File) is grounds for termination.
  
• Regulatory Compliance: If required to do so by law or at the request of payment networks, regulators, or financial partners, we may suspend or terminate accounts. For example, if our acquiring bank tells us to terminate a Merchant, or if a law or sanction compels us to stop serving a user, we will comply.
  
• Non-Payment or Fees: If you owe fees or other amounts to Flux and fail to pay, we may suspend service until the debt is resolved, or terminate if it remains unpaid.
  
• Inactivity: In some cases, prolonged inactivity of an account may lead us to disable or remove it (for example, if an account has not been accessed for a very long time and has no balance). We will follow our policies and give notice as appropriate in such cases.
  

Termination is effective when we deactivate your account or notify you of termination (whichever comes first). Upon termination by Flux, you must immediately stop using the Service. You will no longer have access to your account dashboard or tools. We may (but are not obligated to) block future transactions associated with your email, IP, or other identifiers.

By You (Account Closure): You may terminate your use of Flux at any time. If you have an account, you should follow the designated process to close your account (for example, a Merchant can likely do this through the account settings or by contacting support, and a Consumer using a saved account can delete their account via our website or request deletion). Simply ceasing to use the Service will also terminate your acceptance of these Terms going forward (though it will not erase obligations incurred before stopping). If you wish to permanently close your account, we may need to verify your identity and gather feedback on your experience. Note that uninstalling a mobile app (if any) or deleting cookies will not automatically close an established account; you must use the proper account termination procedure.

Effects of Termination: Once an account is terminated (by you or by us), the following will occur:

• Cease of Service: We will stop providing you the Services immediately upon the effective date of termination. You will lose access to your account interface, and any data or content you had stored may no longer be available to you (so be sure to export any needed records before closing your account). Flux has no obligation to retain or provide you with copies of your account content or data after termination, unless required by law. (We may retain data internally as described in our Privacy/Data retention sections, but it will not be accessible via your account once closed.)
  
• Pending Transactions: Termination does not automatically cancel transactions that are pending or in process. For Merchants, you are required to complete any pending orders/transactions that were initiated before termination. You should not accept new payments once your account is terminated, but any payments that were authorized prior to termination will still be processed and you are expected to fulfill those orders. If we terminated you for cause (e.g., fraud), we reserve the right to reverse or refund transactions that have been authorized but not yet settled to you, especially if we believe those transactions are risky or related to the reason for termination. In such cases, the Consumers may receive their money back to prevent harm.
  
• Payout of Balance: After termination, any remaining funds that belong to a Merchant (from sales that have been completed) will be paid out to the Merchant’s linked bank account on the normal schedule, provided such payout is not blocked by law or offset by other amounts owed. If there is an investigation ongoing (e.g., for fraud or chargebacks), Flux may hold a reserve of funds as permitted, or if our partner financial institutions freeze funds, payout could be delayed. We may also hold a reasonable reserve for a period of time (e.g., 90-180 days) to cover chargebacks or refunds that could arise post-termination. Any reserve hold will be communicated to you, and once the period elapses and liabilities are cleared, remaining funds will be released to you.
  
• Fees and Liabilities: You remain responsible for any fees, charges, or liabilities incurred prior to termination. Any unpaid amounts owed to Flux (such as monthly fees or reimbursement for chargebacks) become due and payable immediately upon termination. Flux may offset any amounts owed to you against amounts you owe us. We also reserve the right to invoice you or pursue legal remedies for outstanding debts.
  
• Surviving Terms: Certain sections of these Terms that by their nature should survive termination (such as indemnification, limitation of liability, dispute resolution, and data rights) will continue to apply even after your relationship with Flux ends. Termination does not free you from liability for fraud, chargebacks, or other breaches that might be discovered after termination.
  
• Merchants’ Post-Termination Duties: If you’re a Merchant, upon termination you agree to remove any references to Flux or our payment processing from your website or materials (for example, if you have our logo or a payment button embedded, you should take it down). You must also cease using any of our software, APIs, or integration tools, and delete any API keys or credentials. If applicable, you should notify your customers that you no longer accept Flux as a payment method.
  
• No Liability for Termination: To the extent permitted by law, Flux will not be liable to you for compensation, reimbursement, or damages as a result of terminating your access to the Service, regardless of whether the termination was voluntary or involuntary. For example, you will not be compensated for anticipated profits or goodwill you believe you lost, or for expenditures made in preparation for using Flux, or for any remaining inventory or contracts you have as a result of our termination.
  

Appeal or Reinstatement: If your account was terminated and you believe it was a mistake or you have remedied the issue, you may contact us to discuss the matter. However, Flux is not obligated to reinstate accounts. In some cases, we might offer to reinstate under certain conditions (such as proof of compliance or additional security measures), but we reserve the right to decide on a case-by-case basis.

10. Disclaimers of Warranties

Use at Your Own Risk: The Flux Payments service is provided to you on an “as is” and “as available” basis without any warranties of any kind, except as expressly stated otherwise in writing. Your use of the Service is at your sole risk. Flux and its officers, directors, employees, agents, and partners disclaim any and all warranties and representations, express or implied, regarding the Service, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will meet your requirements or achieve any intended results. We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.

Specifically, Flux makes no warranty or representation that:

• The Service will function in an uninterrupted or error-free manner. While we strive for high availability, we do not promise that payments will never be delayed or that access will never be impaired. There may be occasional maintenance windows, technical issues, or other events that interrupt or affect the Service.
  
• The Service will be secure at all times, or immune from vulnerabilities or attacks. We take security seriously (as described in Section 7), but we cannot guarantee that malicious actors will never find ways to exploit the system. We do promise to take action to mitigate and resolve security issues, but we are not liable for any unauthorized access or use of data to the extent not caused by our negligence.
  
• The information or content provided on our website or in our app (including any documentation, FAQs, or guidance) is accurate, complete, or up-to-date. We try our best to keep information current, but Flux does not warrant that any content is free of errors or omissions. Reliance on any information obtained via the Service is at your own discretion.
  
• Transactions will be successful, or that Merchants will get paid or Consumers will receive goods. Flux facilitates payments but does not guarantee that buyers or sellers will ultimately fulfill their obligations. We are not responsible for goods lost in transit, or payments that are authorized but later reversed by a bank, etc.
  
• Software issues will be corrected. We continuously improve our software, but Flux does not warrant that any defects or bugs in the Service will be fixed, or that updates will be compatible with your systems or devices.
  

Third-Party Services: Flux may integrate with or rely on third-party services (for example, identity verification services, payment gateways, banking partners, or browser software). We make no warranties or promises regarding any third-party services, and we are not responsible for failures attributable to those third parties. For instance, we cannot guarantee that a bank’s systems will always be available to process transactions, or that third-party API integrations will function without issues. Any third-party software or service embedded or used in connection with Flux is provided “as is” according to the third party’s terms, and we have no liability for their acts or omissions.

No Advice: Any business or legal advice that might be provided in our resources (such as blog posts, templates, or support responses) is general in nature and provided for informational purposes. It does not constitute professional legal, tax, or financial advice specific to your situation. You should consult your own advisors for guidance tailored to your circumstances. Flux disclaims responsibility for how you interpret or use any information obtained through the Service.

Consumer Protections: If you are using Flux as a consumer (especially for personal, family, or household purposes), be aware that some jurisdictions provide specific legal rights and remedies to consumers that cannot be waived or disclaimed. Nothing in these Terms is meant to override any mandatory consumer protections under law. For example, certain implied warranties may exist under law (like a warranty that a paid service is provided with reasonable care and skill). We do not disclaim warranties or liabilities that we are not allowed to by law. In jurisdictions that do not allow the exclusion of certain warranties, the disclaimers in these Terms apply to the fullest extent permitted by law, but we do not exclude or limit any warranty or right that is not permissible to exclude under applicable law.

Beta Services: Occasionally, Flux may invite users to test “beta” features or services that are not yet fully deployed. These might be identified as beta, pilot, or preview. Such services are provided without any guarantees and may be unstable or changed at our discretion. By opting to use beta features, you understand that they are in development and may have more bugs or limitations than the main Service. We appreciate feedback, but we are not liable for any issues arising specifically from use of a beta service.

Release: Except as explicitly provided in these Terms, neither Flux nor its agents will be liable for any damages or losses arising from your use of (or inability to use) the Service. You acknowledge that internet-based services have inherent risks and you agree to hold Flux harmless against system outages, data loss (except where we have a duty to protect data), or other technical difficulties, except to the extent caused by our gross negligence or willful misconduct. We do not guarantee any results from using Flux (for instance, using Flux does not guarantee you will increase sales or successfully avoid fraud – those outcomes depend on many factors beyond our control).

This disclaimer of warranties is a critical part of our agreement. Flux would not be able to provide the Service to you economically without these limitations. If you are unsure about any of these disclaimers or how they affect you, please contact us or seek legal advice before using the Service.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Flux and its affiliates, officers, directors, employees, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of (or inability to use) the Service. This exclusion includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of goodwill or reputation, lost or corrupted data, or the cost of substitute services – even if we have been advised of the possibility of such damages. We are not responsible for any loss or damage that is not reasonably foreseeable.

In particular, and without limiting the above, Flux will not be liable for:

• Losses resulting from your failure to comply with the Service’s requirements, such as not integrating properly, or providing incorrect account information, etc.
  
• Losses due to unauthorized access to your account or data, unless such access was due to Flux’s breach of its security obligations (even then, any direct damages cap would apply). For example, if your credentials are stolen due to your negligence and your account is misused, Flux is not liable for the associated losses.
  
• Losses or claims arising from issues between a Consumer and a Merchant, such as product defects, fraud by the other party, or failure of the other party to fulfill the contract. Those are outside of Flux’s control and are between the Merchant and Consumer (as stated earlier, those disputes do not involve Flux, and you release us from such claims).
  
• Any denial of service, technical malfunction, or stoppage of the Service, whether planned (maintenance) or unplanned (system crash, network outage, etc.), and any resulting inability to process transactions or access data.
  
• Errors in third-party systems or services that we rely on, like banking systems or telecommunications. For instance, if a bank fails to transfer funds or a card network has an outage, that is not Flux’s liability.
  
• Acts of God or force majeure events (such as natural disasters, war, cyberattacks, strikes, pandemics, and government actions) that impede our ability to deliver the Service.
  

Cap on Liability: In addition to the above broad exclusion of certain damages, and to the extent any liability is not otherwise excluded or limited by these Terms or by law, the total aggregate liability of Flux to you for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the total fees (if any) that you paid to Flux for use of the Service in the three (3) months immediately prior to the event giving rise to the liability, or (b) $100 USD. This means, for example, if you are a Merchant and a claim arises, our liability is capped at the fees we earned from you in the last three months (which for many small Merchants may be a small amount), or $100, whichever is higher. If you are a Consumer (who generally pays no fees to Flux), our liability would be capped at $100 unless otherwise required by law.

The existence of multiple claims or incidents will not enlarge this cap. The cap is cumulative across all claims. Some jurisdictions do not allow the limitation of liability for certain types of harm (for example, in some places liability for gross negligence, willful misconduct, or personal injury cannot be limited). Nothing in these Terms limits or excludes liability that cannot be limited by law – for instance, we do not limit our liability for fraudulent misrepresentation or death or personal injury caused by our negligence, or any other liability to the extent that law forbids such limitation. However, to the extent permissible, this limitation will apply to all claims under any theory of law, be it contract, tort (including negligence), strict liability, or otherwise.

Allocation of Risk: You acknowledge that the fees (if any) charged by Flux for the Service reflect this allocation of risk and the limitations of liability specified in these Terms. If you did not agree to these limitations, we would not be able to provide the Service to you, or would have to charge significantly more. Thus, you agree that these limitations are an essential basis of the bargain between us.

Indemnification by You: (Note: We already included an indemnification clause for Merchants above. This applies generally to all users.) You agree that if a third party (including a government agency) makes a claim against Flux related to your actions, information, or use of the Service, you will indemnify and hold Flux harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) suffered or incurred by Flux as a result of such claim. This includes, for example, claims related to (i) your breach of these Terms or any policy, (ii) your violation of any law or regulation or third-party right, (iii) any transaction you conduct (e.g., a Consumer’s or other third party’s claim against Flux for a problematic product you sold, if you’re a Merchant), or (iv) any fraud or willful misconduct by you. We will endeavor to notify you of any such claim and may allow you to assist in defending it, but we reserve the right to assume exclusive defense and control of any matter subject to indemnification (without limiting your indemnification obligations).

No Class or Indirect Liability: To the extent permitted by law, Flux is not liable for any claims or damages on a class-wide or mass basis – any claim must be brought in each party’s individual capacity only (see Dispute Resolution below regarding waiver of class actions). Additionally, we will not be liable for any damages claimed by any third-party that is not directly a party to these Terms. For example, if you are a Merchant, and one of your customers sues you and Flux together, our liability to you (for contribution or otherwise) is still limited as described here.

If you are dissatisfied with any portion of the Service or these Terms, your sole and exclusive remedy is to discontinue use of the Service. This limitation is part of the agreement between us.

12. Dispute Resolution (Arbitration & Class Action Waiver)

Please read this section carefully. It limits certain rights, including the right to maintain a lawsuit in court, the right to a jury trial, and the ability to participate in a class or representative action.

Arbitration Agreement: If you are a resident of the United States (or, in any case, for any claim that is not subject to a mandatory law requiring otherwise), you and Flux agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through final and binding arbitration, not in court. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. However, either party may assert claims that qualify in small claims court (if applicable and unless those claims are transferred, consolidated, or appealed to a higher court) instead of arbitration. Also, as noted below, either party may seek injunctive relief in court for intellectual property infringement or certain misuse of the Service.

Waiver of Jury Trial: By agreeing to arbitration, you and Flux are each waiving the right to a jury trial or to have a judge decide your case (except for the limited court exceptions stated in this section). Arbitration is usually more informal, more efficient, and less costly than a lawsuit in court. However, note that arbitration awards are binding and enforceable, and subject to very limited review by courts.

Class Action Waiver: You and Flux agree that any dispute resolution will be conducted on an individual basis only, and not in a class, consolidated, or representative action. We each waive the right to bring or participate in any class action or collective proceeding against the other. This means you cannot bring a claim against Flux as a plaintiff or class member in a class action, consolidated action, or representative proceeding. The arbitrator has no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The arbitrator may only decide individual disputes. If for some reason any part of this class action waiver is deemed unenforceable or if a claim is found not subject to arbitration, then the class action waiver requirement may be severed, and any such claim (only that specific claim) must be brought in a court of competent jurisdiction, not in arbitration.

Arbitration Procedures: The arbitration will be administered by a neutral arbitration organization (such as the American Arbitration Association, "AAA") and conducted confidentially before a single arbitrator. The arbitrator will be an attorney or retired judge experienced in commercial disputes. Arbitration will be conducted in the English language. The arbitration shall take place in a mutually agreed location or, if we cannot agree, in a location chosen by the arbitration administrator or the arbitrator (keeping in mind the goal of a reasonably convenient location for both parties). If the parties agree, arbitration may be conducted by telephone or video conference, or decided on written submissions. The arbitration shall be conducted in accordance with the applicable rules of the arbitration administrator (e.g., the AAA’s Consumer Arbitration Rules if you are an individual using the Service for personal use, or the Commercial Arbitration Rules if not inconsistent, etc.), except as modified by these Terms. The Federal Arbitration Act (9 U.S.C. §1 et seq.) will govern the interpretation and enforcement of this arbitration agreement, and the arbitrator will apply Delaware law (as set forth in the Governing Law section below) to the merits of any dispute.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement (including any claim that the arbitration agreement is void or voidable), except for the class action waiver which will be determined by a court if needed. The arbitrator can award any relief that a court of law could, including individual injunctive relief and attorneys’ fees if provided under law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. We will bear the arbitration costs as required by the arbitration administrator’s rules (for example, AAA rules often provide that consumer arbitration fees are capped at a certain amount, and we’ll pay the rest). Each party will pay their own attorneys’ fees and costs unless the arbitrator awards otherwise or applicable law provides otherwise.

Opt-Out Right: If you are a new user of Flux, you may opt out of the arbitration and class action waiver provisions by sending a written notice of your decision to opt out to our mailing address (provided in the "Contact Us" section below) or to an email address designated for opt-outs, within 30 days of first accepting these Terms. The notice must clearly state that you want to opt out of arbitration and must include your name, address, and the email associated with your Flux account (if any). If you opt out, then the arbitration and class action waiver sections will not apply to you, but the rest of the Terms will continue to apply. Opting out will not negatively affect your relationship with Flux. If you do not opt out within 30 days of agreeing to these Terms, you and Flux shall be bound by the arbitration and class action waiver provisions.

Exceptions to Arbitration: As noted, either party may bring an individual claim in small claims court if it qualifies, rather than proceeding to arbitration. Also, any disputes relating to intellectual property rights (such as trademarks, trade secrets, copyrights or patents) may be resolved in court rather than arbitration, because in some instances we may need quick court intervention (like an injunction) to protect our rights, or you might seek a court declaration of non-infringement, etc. The class action waiver still applies to any such court proceedings, meaning no class or representative actions in court either. Furthermore, if a dispute pertains to statutory consumer rights that by law cannot be submitted to pre-dispute arbitration, then that particular claim may proceed in court (e.g., certain public injunctive relief claims in California might be required to stay in court if arbitration cannot award that relief).

Judicial Forum for Non-Arbitrable Claims: In the unlikely event that a dispute arises which for any reason is deemed not subject to arbitration (or if you validly opt out of the arbitration agreement), then the exclusive jurisdiction and venue for resolving such a dispute shall be the state and federal courts located in the State of Delaware, USA, unless otherwise required by applicable law. You and Flux consent to the personal jurisdiction of these courts for litigating any such claim, and you agree to waive any objections based on inconvenient forum or similar. You also waive any right to a jury trial in such a court proceeding. (If the jury waiver is not enforceable in your jurisdiction, then of course you retain your right to a jury trial to the extent the law allows.)

Time Limit to Bring Claims: To encourage prompt resolution and because of the need for certainty, you and Flux agree that any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred. This time limit includes internal escalation: you should ideally notify us of any dispute as soon as possible. If a one-year limitation is prohibited by law (for example, some consumer protection laws provide a longer period that cannot be shortened), then the shortest legally enforceable period will apply.

Survival: This arbitration agreement and class action waiver survive the termination of your account or relationship with Flux. If a portion of this Section 12 (Dispute Resolution) is deemed unenforceable, it shall be severed, and the remaining provisions shall remain in full force, except as noted regarding the class action waiver. If the class action waiver is found to be unenforceable in a particular case, the entirety of the arbitration agreement shall be null and void for that case, but the class waiver will still apply in court.

Acknowledgment: YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SECTION CONCERNING ARBITRATION AND CLASS ACTION WAIVER, AND YOU UNDERSTAND THAT YOU ARE GIVING UP CERTAIN RIGHTS (LIKE GOING TO COURT AND HAVING A JURY TRIAL, AND PARTICIPATING IN CLASS ACTIONS). However, you and Flux both agree that this arbitration clause is mutually beneficial by providing a speedy and cost-effective dispute resolution mechanism and preventing abusive class litigation.

13. Governing Law

These Terms and any dispute or claim (whether in contract, tort or otherwise) arising out of or relating to the Terms or the use of the Service shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, USA. We choose Delaware law both because Flux’s operations (or corporate registration) are based in Delaware and because Delaware law provides a predictable legal framework for commercial agreements. This governing law applies regardless of conflict of law principles that might otherwise apply the laws of another jurisdiction.

If you reside outside of the United States, you understand and agree that U.S. law will govern to the fullest extent permitted by law. However, we do not seek to override any mandatory consumer protections or rights that you have under your local laws. In cases where local law imposes obligations or grants rights that cannot be waived by contract, those local laws will apply to that extent. For example, if you are a consumer in a country with certain statutory warranties or cooling-off periods, those may apply despite the choice of Delaware law.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms. Additionally, any law implementing the Uniform Computer Information Transactions Act (UCITA) will not apply, to the extent permitted.

Jurisdiction and Venue: Subject to the Dispute Resolution section above (which provides for arbitration), you and Flux agree that any judicial proceedings (if allowed, e.g., if the arbitration clause is inapplicable or you opted out) will be brought in and adjudicated exclusively in the state or federal courts of Delaware, USA. Both parties consent to the personal jurisdiction of those courts and waive any objections to venue in those courts, on the basis of forum non conveniens or otherwise.

Enforceability in Other Jurisdictions: We recognize that our users are global. While we have chosen U.S. law for consistency, we aim for these Terms to be enforceable wherever you use Flux. If a court or tribunal in your country will not give effect to Delaware law in certain areas (for example, if your country’s law must apply to some consumer issues), then to that limited extent the local law may override, but the rest of these Terms remain in force. The arbitration award (if arbitration occurs) can be confirmed and enforced in any country’s court that has jurisdiction.

14. Changes to These Terms

Flux may revise or update these Terms from time to time as our business and the regulatory landscape evolve. We reserve the right to modify these Terms at any time, but if we do so, we will provide notice of material changes in accordance with this section. For example, we might email you (to the address associated with your account) or post a prominent notice on our website or within the Merchant dashboard if significant changes are coming. We will include an "effective date" at the top of the Terms to indicate when the latest changes become effective.

Advance Notice for Material Changes: If we make changes that significantly affect your rights or obligations, we will try to give you advance notice (typically at least 15 or 30 days) before the updated Terms become effective, unless we need to make an immediate change for legal or security reasons. Minor updates (such as clarifications, or edits that do not materially alter your rights) may be effective immediately upon posting. We encourage you to review the Terms periodically to stay informed of any updates.

Acceptance of Changes: By continuing to use the Flux Service after the effective date of any revised Terms, you are indicating your acceptance of the changes. If you do not agree to any updated Terms, you must stop using the Service and, if applicable, close your account before the new Terms take effect. In the event you have paid in advance for any services (though generally Flux charges per transaction, not upfront), and you terminate due to a change in Terms, you may contact us regarding a pro-rated refund if applicable. Otherwise, no refund is due for simply not agreeing to updated Terms – your sole remedy is to discontinue use.

Negotiated Amendments: In some rare cases, we may negotiate separate terms or contract amendments with certain enterprise customers that modify provisions of these Terms (for example, a custom service agreement). In such cases, the mutually signed agreement or amendment would take precedence over these standard Terms to the extent of any conflict. For the vast majority of users, however, these Terms (as updated from time to time) constitute the complete agreement (see Entire Agreement in Miscellaneous below).

Regulatory or Security Changes: If a change in law or regulation requires us to modify these Terms or if we need to address an urgent security, compliance, or operational issue, we may not be able to provide lengthy advance notice. We hope you understand that ensuring the Service remains compliant and secure is in everyone’s best interest. We will still aim to notify users as soon as practicable in such instances.

Your continued use of Flux following notice of changes (and once the new Terms are effective) will confirm your acceptance of the updated Terms. If you have any questions about changes or need clarification, please contact our support team or legal department.

15. Miscellaneous Provisions

Entire Agreement: These Terms, along with any additional policies or documents expressly incorporated by reference (such as our Privacy Policy, Acceptable Use Policy, and any product-specific agreements), constitute the entire agreement between you and Flux regarding the Service. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to the subject matter. Any earlier representations or statements are merged into these Terms. You acknowledge that in entering these Terms, you have not relied on any representation not explicitly set out herein.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent legal authority, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, an invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable (or disregarded if no such modification is possible), and the rest of the Terms will continue as written. For example, if a court finds the liability cap invalid in a particular circumstance, the rest of the Terms (including other liability limitations and arbitration clause) would still apply. The same principle applies to any gap that needs filling – an enforceable term that comes closest to the intent of the original will be substituted.

No Waiver: Our failure or delay in enforcing any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision by Flux on one occasion shall not be deemed a waiver of any other provision or of the same provision on any other occasion. For instance, if we do not immediately take action for a violation of these Terms, it does not mean we are giving up our right to do so in the future. To be legally binding, any waiver by Flux of any term or condition must be in a written notice to you.

Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempt by you to do so without consent will be null and void. Flux may freely assign or transfer these Terms, in whole or in part, including to (i) a parent or subsidiary, (ii) an acquirer of Flux’s equity, business or assets, or (iii) a successor by merger. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. In the event of an assignment by Flux, we will ensure the acquirer agrees to be bound by these Terms and the Privacy Policy with respect to your information.

Relationship of Parties: Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Flux. We are an independent contractor for all purposes. You have no authority to bind Flux or act on our behalf, and vice versa. Merchants are solely responsible for their employees and agents – they are not employees or agents of Flux.

Third-Party Beneficiaries: These Terms are for the benefit of you and Flux (and permitted assigns). Except as expressly provided, they are not intended to confer any rights or remedies on any third parties. Notwithstanding the foregoing, the payment processors and financial institutions we work with (and our affiliates) are intended third-party beneficiaries of the Sections of these Terms that concern them (such as disclaimers of liability or compliance with network rules), and they may enforce those provisions directly against users if needed. Apart from that, no other person or entity shall be a third-party beneficiary.

Notices: Flux may provide notices to you under these Terms by: (a) posting a notice to your account dashboard or our website, (b) sending an email to the address associated with your account, or (c) mailing to any address you have provided. You are responsible for keeping your contact information current. Notices sent by email or dashboard are considered received by you within 24 hours of the time posted or sent, unless we receive notice that the email was not delivered. If a notice is sent by postal mail, we will consider it received within 5 business days for domestic (USA) mail, or 10 business days for international mail. You may contact or notify us as described in the Contact Us section below, including via email or registered mail.

Force Majeure: Flux shall not be liable for any delay or failure to perform as required by these Terms (including processing transactions or providing access to the Service) because of any cause or condition beyond our reasonable control. This includes, without limitation: acts of God; natural disasters; pandemic or epidemic; acts of government; war, terrorism or civil unrest; labor strikes or disturbances; power failures; internet or telecommunications outages; cyberattacks that are not due to our lack of safeguards; and other events of a magnitude or type for which precautions are generally not taken in the industry. Flux will make reasonable efforts to mitigate the effects of a force majeure event and resume full performance as soon as feasible.

Export Compliance: The Flux Service and software may be subject to U.S. export control and economic sanctions laws. You agree to comply with all such laws and regulations. You represent that you are not located in, under control of, or a national or resident of any country or territory that is subject to comprehensive U.S. sanctions (e.g., Iran, North Korea, Syria, Cuba, the Crimea region, etc.), and you are not on any denied-party list. Merchants may not use Flux to process payments involving sanctioned countries or parties, and Consumers may not use Flux from such locations.

Language: These Terms are written in the English language. If we provide a translation, it is for convenience only. In the event of any conflict between the English version and a translated version, the English version will prevail. All communications between you and Flux will be in English (unless we specifically offer support in other languages, in which case it’s just for convenience and the English version of any communications or terms will prevail in any dispute).

Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal or contractual effect. In these Terms, use of the word “including” means “including without limitation.” The word “or” is inclusive (meaning “and/or”) unless expressly stated otherwise. Any references to “days” mean calendar days, unless specified as “business days.” References to a statute or regulation mean the version currently in effect, including any amendments or successor laws.

Contracting Entity: “Flux Payments” or “Flux” in these Terms refers to the entity providing the Service. [Note: Depending on how Flux is structured, the contracting entity could be Flux Payments, Inc., or a local subsidiary. We would list the full legal name and address here.] All references to “we” or “us” refer to that entity. If you need to know the exact corporate entity for your jurisdiction, please contact us or consult our website (in some cases, for different countries, the service might be provided by a local affiliate, which would be specified).

Survival: All provisions of these Terms which by their nature should survive termination shall survive (see end of Section 9). This includes, without limitation: any obligation to pay fees or amounts owed, ownership provisions, warranty disclaimers, indemnities, limitations of liability, dispute resolution and arbitration agreement, governing law, and the miscellaneous section.

16. Contact Us

Flux is committed to transparency and user satisfaction. If you have any questions, concerns, or feedback about these Terms or the Service, please do not hesitate to contact us. We value communication with our users.

• Support Email: support@fluxpayments.com (for general inquiries and customer support)
  
• Legal Department Email: legal@fluxpayments.com (for legal notices or questions about these Terms)
  
• Mailing Address: Flux Payment Solutions Company. 8 The Green STE. A Dover DE.
  

We will do our best to respond to your inquiry in a timely manner. If you are contacting us to dispute a charge or report a problem, please provide as much detail as possible so we can assist you effectively (transaction ID, dates, description of issue, etc.).

By using the Flux Payments Service, you acknowledge that you have read these Terms and agree to be bound by them. Thank you for trusting Flux with your payment needs. We appreciate your business and look forward to providing you with a secure and convenient payment platform.