Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Flux Learning, Inc. (“Flux Learning,” “we,” “our,” or “us”) governing your access to and use of our AI-powered course authoring platform and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Flux Learning provides an AI-powered platform for creating, managing, and deploying e-learning content. Our Service includes:

• AI-assisted course creation and content generation
• SCORM-compliant course export capabilities
• Microlearning content creation and delivery
• Learning analytics and reporting
• Multi-tenant organization management
• API access for integrations (where applicable)

3. Account Registration

3.1 Account Creation

To access the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Types

We offer different account types (individual, team, enterprise) with varying features and usage limits. The specific features and limits applicable to your account are described in your subscription plan.

4. Subscription and Payment

4.1 Fees

Access to certain features of the Service requires payment of fees. All fees are stated in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by applicable law.

4.2 Billing

We use third-party payment processors to bill you through a payment account linked to your account. By providing a payment method, you authorize us to charge all subscription fees to that payment method.

4.3 Automatic Renewal

Subscriptions automatically renew for successive periods of the same length as the initial subscription period unless you cancel before the renewal date. You may cancel at any time through your account settings.

4.4 Price Changes

We may change subscription fees at any time. For existing subscribers, price changes will take effect at the start of the next subscription period following at least 30 days' notice.

5. Your Content

5.1 Ownership

You retain all rights to the content you create, upload, or generate using our Service (“Your Content”). We do not claim ownership of Your Content.

5.2 License to Us

You grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing the Service to you. This license terminates when you delete Your Content or close your account.

5.3 AI-Generated Content

Content generated by our AI features based on your input or instructions belongs to you. You are responsible for reviewing and ensuring the accuracy and appropriateness of all AI-generated content before use.

5.4 Content Restrictions

You agree not to upload or create content that:

• Infringes any intellectual property or proprietary rights
• Contains malicious code, viruses, or harmful components
• Is illegal, harmful, threatening, abusive, or discriminatory
• Violates any applicable law or regulation
• Contains personally identifiable information of others without consent

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated systems or software to extract data from the Service
• Resell or redistribute the Service without authorization
• Use the Service to develop a competing product
• Exceed usage limits or circumvent access restrictions

7. Intellectual Property

7.1 Our Property

The Service, including its original content, features, and functionality, is owned by Flux Learning and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

7.2 Feedback

If you provide us with feedback or suggestions regarding the Service, you grant us the right to use such feedback without restriction and without compensation to you.

8. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the content, policies, or practices of any third-party services. Your use of such services is at your own risk and subject to their terms and conditions.

9. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and share your information. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

10. Data Processing

For enterprise customers processing personal data through the Service, we offer a Data Processing Agreement (DPA) that governs data protection obligations. Contact legal@fluxlearning.com to request a DPA.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy of AI-generated content
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results obtained from using the Service

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUX LEARNING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your data
• Any amount exceeding the fees paid by you in the twelve months preceding the claim

These limitations apply regardless of the legal theory on which the claim is based.

13. Indemnification

You agree to indemnify and hold harmless Flux Learning and its affiliates, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, your right to use the Service will immediately cease.

14.2 Termination by Us

We may suspend or terminate your access to the Service at any time for any reason, including if we reasonably believe you have violated these Terms.

14.3 Effect of Termination

Upon termination, you may request export of Your Content for up to 30 days. After 30 days, we may delete Your Content. Sections that should survive termination will remain in effect.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

16. Governing Law and Dispute Resolution

16.1 Governing Law

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

16.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

17. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Flux Learning regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations freely.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.