Terms of Service

1. Acceptance of Terms

By accessing or using FluxSerp ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to:

• Individual users and account holders
• Business entities and their authorized representatives
• Team members with shared access to an account
• API users and integrations

2. Description of Service

FluxSerp provides AI visibility analysis and SEO intelligence tools that help businesses understand how AI assistants and search engines portray their brand.

Our Service includes, but is not limited to:

• Website Analysis: Automated crawling and analysis of your website's SEO performance
• AI Visibility Reports: Insights into how AI assistants reference and describe your brand
• Competitor Analysis: Comparative analysis against competing websites
• Keyword Suggestions: AI-powered keyword recommendations
• AI Chat Assistant: Interactive chat for SEO guidance and recommendations
• Export Features: PDF and CSV report generation
• Team Collaboration: Shared workspaces and role-based access (on applicable plans)

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Be at least 18 years of age or have parental/guardian consent
• Use a valid email address that you can access

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring your team members comply with these Terms when using shared access

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or misuse the Service in any way that harms our platform or other users.

4. Subscription Plans and Billing

4.1 Subscription Tiers

FluxSerp offers multiple subscription plans with varying features and usage limits:

• Free Plan: Limited reports and features for evaluation purposes
• Starter Plan: Basic features for small businesses and individuals
• Professional Plan: Advanced features for growing businesses
• Enterprise Plan: Custom solutions for large organizations

4.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. By providing payment information, you authorize us to charge the applicable fees to your payment method.

• All payments are processed securely through Stripe
• Prices are subject to change with 30 days' notice
• Failed payments may result in service suspension
• You are responsible for all applicable taxes

4.3 Fees & Payment

If you subscribe to a paid plan, you agree to:

• Provide valid payment details.
• Pay all applicable subscription fees.

Failure to pay may result in restricted access or termination. Subscription fees are non-refundable except as required by law.

4.4 Right of Withdrawal (EU Consumers)

If you are an EU consumer, you normally have a 14-day withdrawal right under the EU Consumer Rights Directive. By starting a free trial or subscription, you expressly agree that:

• Service access begins immediately.
• Your withdrawal right is waived once digital access has started.

If you do not cancel before the end of your free trial, your subscription fee will be charged and will not be refundable, except as required by law.

4.5 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You retain access until the end of your billing period
• No refunds are provided for partial months or unused credits
• Your data remains archived for 90 days
• You can export your reports before cancellation

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Transmit harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Scrape, crawl, or harvest data from the Service using automated means
• Use the Service to spam, harass, or distribute unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Resell or redistribute the Service without our written permission
• Use the Service in any way that could damage our reputation or infrastructure

6. Intellectual Property Rights

The Service, including all content, features, functionality, software, code, designs, logos, and trademarks, is owned by www.fluxserp.com and its licensors and is protected by applicable intellectual property laws.

You may not:

• Copy, modify, distribute, or create derivative works from our content
• Use our trademarks or branding without written permission
• Remove or alter any copyright, trademark, or proprietary notices

7. Data Privacy and Security

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Secure data centers with redundant backups

However, no method of transmission over the internet is 100% secure. We cannot guarantee absolute security of your data.

8. Service Availability and Support

8.1 Uptime and Maintenance

We strive to maintain 99.9% uptime, but occasional maintenance and unexpected outages may occur. We will provide advance notice for scheduled maintenance when possible.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for significant changes that affect your use of the Service.

8.3 Customer Support

Support availability varies by plan:

• Free Plan: Community forum and documentation
• Starter Plan: Email support (48-hour response time)
• Professional Plan: Priority email support (24-hour response time)
• Enterprise Plan: Dedicated account manager and phone support

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

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

9.2 SEO Results Disclaimer

FluxSerp provides analysis and recommendations, but we do not guarantee specific SEO results, rankings, or traffic improvements. SEO success depends on many factors outside our control, including search engine algorithms, competition, and your implementation of recommendations.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVIA SOFTWARE SRL 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, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.4 Indemnification

You agree to indemnify and hold harmless EVIA SOFTWARE SRL, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

10.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Service:

1. Informal Resolution: Contact us at contact@fluxserp.com to attempt resolution
2. Mediation: If informal resolution fails, parties agree to attempt mediation
3. Arbitration/Litigation: Unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Romania

10.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

11. International Users

FluxSerp is operated from Romania. If you access the Service from outside Romania, you are responsible for compliance with local laws. We make no representation that the Service is appropriate or available for use in all locations.

By using the Service, you consent to the transfer of your information to Romania and other countries where we operate, which may have different data protection laws than your jurisdiction.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting a notice on our website
• Sending an email to your registered email address
• Displaying a notification when you log in to the Service

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

13. Termination

We may suspend or terminate your account if you:

• Violate these Terms.
• Engage in unlawful or fraudulent activity.
• Misuse the platform or harm other users.

You may cancel your account at any time. No refunds will be provided for unused subscription periods, except as required by law (including EU consumer rights).

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and FluxSerp regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Contact Information

If you have questions about these Terms, please contact us: