Terms of Service

General

This is an agreement between You or the entity You represent (hereinafter “You” or “Your”) AND Fluer Pty Ltd having an address at 64 Ferny Avenue, Surfers Paradise, Gold Coast, QLD 4217, Australia governing Your use of all our iOS and Android mobile applications; AND The Privacy Policy of the Fluer website, which is currently available at Privacy Policy – Fluer, defines ‘Company’, ‘We’, ‘Us’ and ‘Our’ as Fluer Pty. Ltd. It provides that Fluer Pty Ltd is the Data Controller for our iOS and Android mobile applications, and for Your use of our websites, products, and content at fluer.com as well as our regional domains as may be utilized by us at any time, for the purposes of the GDPR. We refer to all of these products as “Services” in this policy. These Terms of Use affect Your legal rights and obligations (hereinafter, You and Fluer may sometimes be collectively referred to as the “Parties” and each individually as a “Party”). If You do not agree to be bound by all of these Terms of Use, do not access or use the service and products we provide. By accessing our Services, You agree with these terms and with Privacy Policy. Please read these terms carefully, and contact us if You have any questions. Any version of these Terms in a language other than English is provided for convenience. If there is any conflict with a non-English version, You agree that the English language version will control.

Our Services

We provide an array of services for online collaboration and management including visual asset management, campaign creation and distribution, and a collaborative design and editing tool (hereinafter “Service” or “Services”). You may use the Services for Your personal and business use or for internal business purposes in the organization that You represent. You may connect to the Services using any Internet browser or mobile application supported by the Services. You are also responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with Your user account and if You choose to do so, You can publish and share such content. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to You. You agree that Fluer will not be liable to You or any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Services for any reason.

Becoming a User

You need to sign up for a user account by providing all the required information to access or use the Services. If You represent an organization and wish to use the Services for corporate internal use, we recommend that You, and all other users from Your organization, sign up for user accounts by providing Your corporate contact information. You agree to: a) be responsible for any activity that occurs through Your account keeping Your password secret and secure; b) not to open an account on behalf of third parties. In case You open an account on behalf of a third party, then “You” includes You and that third party, and You represent and warrant that You are authorized to grant all permissions and licenses provided in these Terms and bind the third party to these Terms and that You agree to these Terms on the third party’s behalf; c) not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Support Queries

If You would like to send a support query to us, please contact us at support@fluer.com. The Service may include certain communications from us, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our privacy policy, we provide You the option of opting out from receiving certain email communication from us. However, You will not be able to opt-out from receiving administrative messages including the request to validate Your email address.

Complaints and Feedback

We welcome feedback of any sort and are always interested in learning about ways we can make our Services better. If You choose to submit comments, ideas, or feedback, You agree that we are free to use them without any restriction or compensation to You. By accepting Your submission, we do not waive any rights to use similar or related Feedback previously known to Fluer, or developed by its employees, or obtained from sources other than You. By submitting a complaint regarding Your account, You authorizeFluer’s team to check content on Your account as required to address the issue. If we receive a complaint from any person against You concerning Your activities as part of the use of the Services, we will forward the complaint to the primary email address of Your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Fluer in the communication. If You do not respond to the complainant within 10 days from the date of our email to You, we may disclose Your name and contact information to the complainant for enabling the complainant to take legal action against You. You understand that Your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as Your implicit consent to disclosure of Your name and contact information by Fluer to the complainant.

Team Accounts

When You sign up for an account for Your organization You may specify one or more administrators. The administrators will have the right to configure the Services based on Your requirements and manage end users in Your organization account. If Your organization’s account is created and configured on Your behalf by a third party, such third party has likely assumed the administrator role for Your organization. Make sure that You enter into a suitable agreement with such a third party specifying such party’s roles and restrictions as an administrator of Your organization account. You are responsible for i) ensuring confidentiality of Your organization account password, ii) appointing competent individuals as administrators for managing Your organization account, and iii) ensuring that all activities that occur in connection with Your organization account comply with this Agreement. You understand that we are not responsible for account administration and internal management of the Services for You. You are responsible for taking the necessary steps for ensuring that Your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@fluer.com, provided that the process is acceptable to us. In the absence of any specified administrator account recovery process, we may provide control of an administrator account to an individual providing proof satisfactory to us demonstrating authorization to act on behalf of the organization. You agree not to hold us liable for the consequences of any action taken by us in good faith in this regard. If You create an account as part of an organization, please read “Notice to End User” under our privacy policy.

Restrictions on Use

1. You must validate Your email to use our Services. 2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content via the Service. 3. You also represent that all information You provide or provide to us upon registration and at all other times will be true, accurate, current, and complete and You agree to update Your information as necessary to maintain its truth and accuracy. 4. You agree that You will not solicit, collect, or use the login credentials of any other user. 5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities and You must not post private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. 6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local, and provincial) applicable to Your use of the Service and Your content. 7. You are solely responsible for Your interactions with other users of the Service, whether online or offline. 8. You agree that Fluer is not responsible or liable for the conduct of any user. 9. Fluer reserves the right but has no obligation, to monitor or become involved in disputes between You and other users. Exercise common sense and Your best judgment when interacting with others, including when You submit or post content or any personal or other information. 10. You must not change, modify, adapt, or alter the Service or change, modify, or alter another website to falsely imply that it is associated with the Service. 11. You must not create or submit unwanted comments, likes, or other forms of spam communications to other users. 12. You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Fluer page is rendered or displayed in a user’s browser or device.

General Conditions

Some of our Services may be software that is downloaded to Your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. Although it is Fluer’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Use of Fluer AI

We will not allow any use of Fluer AI that violates these terms, and we may suspend or terminate Your account if we find that You are using it in this way. Legal notice You are responsible for any text You type in, or images or other content You upload, to Fluer AI (“Input”) as well as the resulting images or text You generate (“Output”). You are responsible for ensuring that Your Input and Output must comply with these terms before using or sharing it. As between You and Fluer, to the extent permitted by law, You own Your Input and Output and give Fluer the right to host Your Input and Output on our platform and use it to market and improve our products and services. Fluer will not make any copyright ownership claim over Your Input or Output. You may use Your Output for any legal purpose, provided that You comply with these terms and that You accept that any such use is at Your own risk. In the event that any of Your Output is alleged to be unlawful or otherwise in breach of these terms, You acknowledge that Fluer may disclose such content to law enforcement or other governmental authorities. Disclaimer The Output of Fluer AI is generated by artificial intelligence. Fluer has not has not verified the accuracy of the Output and it does not represent Fluer’s views. Fluer makes no warranty or guarantee as to the accuracy, completeness, or reliability of the Output and does not accept any liability or responsibility arising in any way from Your use of the Output or any omissions or errors contained in the Output. We recommend that You obtain professional and independent advice before You act on any advice contained in the Output. Technology partner Fluer uses technology provided by OpenAI, LLC to provide Fluer AI. You acknowledge that any Input You provide, including any personal data You choose to include within that Input, will be shared with third-party service providers, such as OpenAI, LLC in order to provide You with the service and they may also use such Input to improve their services. This includes any personal data You choose to include within such Input and You acknowledge that our Privacy Policy applies to the handling of such personal data. You consent to any such personal data included in an Input being transferred to OpenAI, LLC in the United States, which depending on where You reside, may not provide the same level of protection for Your personal data.

Fees & Payments

The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless You downgrade Your paid subscription plan to a free plan or inform us that You do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or payment method last used by You. We provide You the option of changing the details if You would like the payment for the renewal to be made through a different Credit Card or payment method. If You do not wish to renew the subscription, You must inform us at least seven days before the renewal date. If You have not downgraded to a free plan and if You have not informed us that You do not wish to renew the subscription, You will be presumed to have authorized Fluer to charge a subscription fee to the Credit Card or payment method last used by You. Some of the Fluer apps may offer lifetime subscription plans, which allow You to access the Pro services available at the time of Your purchase for as long as those services are available. We make no warranties or representations that any of its services will continue to be available for any period, and You acknowledge and agree that the services could change or terminate at any time in the future. Refunds 1. Subscriptions

Itunes

Free trial Once You activate a free trial through iTunes, You will need to cancel before the end of the trial period to avoid being charged for the annual subscription. Please note that Fluer is not able to cancel a free trial on Your behalf.
As an iTunes user, You are in full control of Your iTunes subscription.
Fluer can not issue refunds and cancellations. Apple does not provide a way for developers to issue cancellations or refunds.

Please follow the steps: Request a refund for apps or content that you bought from Apple

Google Play Store & Others

Weekly Plan We don’t offer refunds for weekly plans
If You cancel Your services, Your cancellation takes effect on Your next billing cycle. This means we won’t be able to refund You for any unused portion of Your services.
e.g. You chose a weekly subscription of Fluer on July 1. On July 8, Your credit card will be charged as usual. On July 8 after the payment, You decide to cancel Your Subscription. No further charges will be made to Your credit card for the next week (ending on July 15) but You will not receive a refund. You will still be able to use it until the deadline is over.

Monthly Plan We don’t offer refunds for monthly plans regardless of the subscription plans chosen by the user.
If You cancel Your services, Your cancellation takes effect on Your next billing cycle. This means we won’t be able to refund You for any unused portion of Your services.
e.g. You chose a monthly subscription to Fluer on July 1 and after 30 days on August 1, Your credit card is charged as per the subscription plan. Once the payment has been charged as per Your provided payment method. If You decide to cancel Your Subscription on any day in August, no further charges will be made to Your credit card for the next month ( September ) on September 1, however, You will not receive a refund. You will still be able to use the services till August 30.

Annual Plan How does the Trial Work? The trial period is applicable to certain business plans and specified to the user at the time of payment.
The trial period will be applicable only where specified during the subscription process.
The Trial period is absolutely free and You may cancel at any time during the trial period. Once the trial period ends , You will be billed for the annual subscription plan You’ve chosen.
We ask for a payment method to ensure You don’t have any interruption in service after the free trial. We do this by sending an authorization request to Your financial institution to verify that Your payment method works.
Refund: You will not be charged any payment during the trial period and there is no Refund policy once the charge has been made to Your provided payment method. This applies to all types of plans and subscription models.
The annual subscription is auto-renewable and it’s charged to Your account and renewed for the same amount within 24 hours before the end of the current period. You’ll be automatically charged at the end of Your trial period unless You cancel before the trial period ends. Auto-renewal may be turned off at any time in settings.

Cancel Subscription If you cancel your subscription, Your cancellation takes effect on Your next billing cycle. However, You will not receive a refund or credit for any amounts that have already been billed.
A common misunderstanding is thinking that, by deleting a Fluer app, You will be canceling Your subscription.
If You want to know how to cancel Your subscription please follow the steps:
– Canceling Fluer from Web
Login on fluer.com. Click on your Profile Photo. And click on “Billing”.Cancel the actual subscription.
– Canceling Fluer from App
Google Play. Open Google Play. Go to Account> Subscriptions. Find Fluer in the list. Cancel.

If you need help, please contact support@fluer.com. 2. Credits We don’t offer refunds for credit purchases. 3. Printed goods We don’t offer refunds for credit purchases. We don’t offer refunds or returns but are happy to replace any defective products. For more information on how to make a claim, please click here.

Responsibility of Your Content

Responsibility of Your Content
You may transmit or publish content created by You using any of the Services or otherwise. However, You shall be solely responsible for such content and the consequences of its transmission or publication by other users. Any content that You make public will be publicly accessible through the Internet and may be crawled and indexed by the search engines. You are responsible for ensuring that You do not accidentally make any private content publicly available. Any content that You may receive from other users of the Services is provided to You for Your information and personal use only and You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the consent of the person who owns the rights to such content, which may be given through the Fluer website. By making any copyrighted/copyrightable content available on any of the Services You affirm that You have the consent, authorization, or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, You expressly agree that Fluer will have the right to block access to or remove such content made available by You if Fluer receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, You expressly consent to the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Fluer for this purpose. For procedures relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, please contact us support@fluer.com.

Images & Icons Licenses

When You search for images or icons that are 100% royalty-free, the results are from our partners such as Pixabay, Unsplash, and OpenClipart under the Creative Commons Zero license, which means You can copy, modify, distribute, and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer (although attribution is always recommended). Although rigorous standards are upheld to ensure that all images and icons from our content partners adhere to the Creative Commons CC0 licensing terms, usage of images and icons on the services are provided on an “as-is, where-is” basis without any representations or warranties whatsoever. When You search for images using Google Image Search, You must look for the image usage rights on Google. Google cannot tell if the license label is legitimate even if they are labeled for reuse, so we don’t know if the content is lawfully licensed. Before reusing content commercially, make sure that its license is legitimate and check the exact terms of reuse. For example, the license might require that You give credit to the image creator when You use the image.

Imported PDFs Copyrighted Content

If You are using layouts, fonts, textual content, icons, logos, or images that have been embedded into a PDF You imported into our Services, You must be sure that You are legally allowed to use such content.

Free & Premium Templates Licenses

All templates provided by Fluer are 100% royalty-free and can be downloaded/exported from the Service in a range of formats if used as-is. If You modify the content with uploaded fonts, images, icons or written textual content, You must have the rights to use such content, else You must replace them with one of our royalty-free options.

Links to other sites

1. Our presenter view service may contain links interfacing with other websites that are not operated by us for Your information or convenience. This includes Fluer users who are using our viewer to host and share their links. 2. These websites operate independently from our service and may be subject to alternative terms of use, including terms concerning the use of personal information. We have not reviewed these third-party websites and do not control and are not responsible for how they are operated, their content, or privacy policies. 3. If You decide to access or interact with any of these third-party websites, You do so at Your own risk. As such, we strongly encourage You to review the privacy policy of every website You visit. 4. Fluer does not have ownership of any content that You post on or through the Service. But You grant Fluer permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of Your user account solely as required for providing the Services to You. 5. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and You hereby agree that Fluer may place such advertising and promotions on the Service or on, about, or in conjunction with Your content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to You. 6. The Fluer name and logo are trademarks of Fluer, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fluer. 7. Except for artwork You provide to us, all materials therein or transferred thereby, including are the exclusive property of Fluer and its partners. 8. Any URL selected from our platform must be the same or as similar as possible to Your company domain. If You choose a generic word for Your URL, we reserve the right to reassign or charge for that URL.

Termination

Upon termination, all licenses and other rights granted to You in these Terms of Use will immediately cease. You can delete Your Fluer account at any time. If You choose to delete Your account or Your account is terminated due to Your breach of these terms, Your visual assets, campaigns, reports, lists, and all other data will no longer be accessible through Your account (e.g., users will not be able to navigate to Your username and view Your photos), but those materials and data may persist and appear within the Service (e.g. if Your Content has been shared by others).” If Your account is part of an organization account, the data may be made available to one of the organization’s administrators.

Other Important Information

License to use our Services: Subject to the provisions in the Terms, Fluer grants You a non-exclusive, non-transferable, non-sublicensable, limited license to use the Fluer website and the Services. Disclaimers While Fluer attempts to make user-generated content available through the Service, Fluer does not guarantee access to or hosting of, Your user-generated content. For example, if user-generated content violates these Terms of Service, access to it may be disabled. Also, if a particular piece of content creates too large a demand for the Service, it may result in access to the content being temporarily disabled. You agree that Fluer will not be liable to You or to any third party for termination of Your access to the Service for any reason. While Fluer attempts to make the User Content completely safe, You, and not Fluer, are solely responsible for the Content You upload, download, post, email, transmit, store, or otherwise make available through Your use of the Service. You agree that Fluer will not be liable to You or to any third party for any user who irregularly accesses Your content. The Services and all included content are provided on an “as is” basis without warranty of any kind, whether expressed or implied. All user-generated content available through the Service is owned by their respective owners and Fluer is not responsible in any manner for that content. Fluer SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Indemnification

You agree to indemnify and hold Fluer and/or the Fluer Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Fluer and/or the Fluer Affiliates in connection with any claim arising out of Your breach of the Agreement. Fluer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You will be solely responsible and liable for and will indemnify Fluer and its officers, directors, employees, and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from user-generated content made available through the Service by You.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Fluer SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Fluer’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Arbitration

In the event of a dispute between the Parties, either Party may call a meeting on providing the other Party with not less than three working days’ notice. Such Initial Meeting may be in person if convenient for both Parties otherwise shall be by way of telephone call or “Skype” or such other format as is convenient. If (i) the dispute is not settled by negotiation within thirty (30) days commencing on the date when either Party requests a meeting in accordance with the previous paragraph or within such further period as the Parties may agree in writing and (ii) the applicable law does not restrict the arbitration of the dispute, the Parties agrees to settle the dispute by binding arbitration in accordance with the Resolution Institute Arbitration Rules. Unless the Parties agree upon an arbitrator, either Party may request a nomination from the Chair of Resolution Institute. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Fluer ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements You may enter into with Fluer in connection with the Products, shall constitute the entire agreement between You and Fluer concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Modification of Terms of Service

We may modify the Terms upon notice to You at any time through a service announcement or by sending an email to Your primary email address. If the Terms are modified in a manner that substantially affects Your rights in connection with the use of the Services, You may terminate Your use by deactivating or deleting Your account. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be Your agreement to the modified Terms.