Terms of Service - Fluid Services

Terms of Service

Overview

This website or site is operated by Fluid Services, LLC organized and existing under the laws of the State of Ohio engaged in the business of providing field services, marketing and operations services to customers in home service industry. Throughout the site, the terms “we”, “us”, “our”, “Company” and “Fluid Services” refer to Fluid Services, LLC. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Terms are provided for general users of this website. Specific terms for the various offered by Fluid including Fluid Marketing Services, Fluid Local, and Fluid Leads (the “Service Terms”) are provided below and specifically incorporated by reference. To the extent that the Service Terms are inconsistent or conflict with these Terms, the Service Terms shall supersede these Terms.

If you become a customer of the Company and enter into an agreement with us, the terms and conditions of that agreement will supersede these Terms of Service to the extent inconsistent or contradictory.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our website for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your privileges as a user of the website, and will constitute a breach of any agreement you may have with us.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Personal information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the content on our website, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SERVICES

Descriptions of our services are subject to change without notice. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services. We reserve the right, but are not obligated, to limit services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any at any time. Any offer for any service made on this site is void where prohibited. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

OPTIONAL TOOLS

We may provide you with access to third party tools or services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD PARTY LINKS

Certain content, resources and services available via our website may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be

under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. Privacy Policy is attached at the end of our Terms of Service document.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, lead times, completion times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the website or on any related website is inaccurate at any time without prior notice (including after you have submitted any comments).

We undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our website or on any related website, should be taken to indicate that all information in our website or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website or any of our services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

You agree that from time to time we may remove or shut down our website for indefinite periods of time or cancel any services offered on our website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

IN NO CASE SHALL COMPANY, OUR DIRECTORS, OFFICERS, MEMBERS,AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICEPROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, ORANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF OUR WEBSITE OR ANY PRODUCTS OR SERVICES PROCURED USING OUR WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR WEBSITE OR ANY PRODUCT OR SERVICE PROCURED USING OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

NOT WITHSTANDING THE FOREGOING, IN NO EVENT SHALL COMPANY’s AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT WE SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE WEBSITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Fluid Services is a United States-based company and website. We make no representation that any aspect of our website or any product or service procured using our website is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access our website from other locations are responsible for compliance with applicable local laws. The website or any product or service procured using our website is subject to applicable export laws and restrictions.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our affiliates, partners, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to principles of conflict of laws.

In the event of a dispute between you and Company (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Geauga, Ohio. In the event that there is any dispute between you and Company that is determined not to be subject to arbitration pursuant to the preceding sentence, or in the event this arbitration provision is held unenforceable or invalid by a court of competent jurisdiction, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of the State of Ohio located in Geauga County or the United States District Court for the Northern District of Ohio. You agree that this Agreement and the relationship between you and Company shall be governed by the Federal Arbitration Act and the laws of the State of Ohio without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or any product or service procured using our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

If you have questions or suggestions, please contact us at support@fluid.services

Fluid LOCAL

By using Fluid Local, you the user (also referred to herein as “Client”) agree to be bound by the following terms and conditions (“Terms of Service”) for its Fluid Local constitutes your consent to such changes. Keep it professional. Fluid LOCAL is a professional service. Don’t be unprofessional in any of your contributions.
Sign-up, payment and renewal. Fluid LOCAL is available as a separate stand-alone service.
Cancellation. Reach out to support@fluid.services to cancel your account or you can manually cancel through Fluid Local app.
Password. Don’t share your password. Protect your password like you protect your own privacy and your customer’s privacy.
Spamming. No Spamming.
Age. You must be 18 years or older to use Fluid LOCAL.
Automated queries. Don’t use automated web queries (such as but not limited to spiders, robots, screen scraping, database scraping, crawlers and any other automation) to extract or monitor content on sites and pages owned by Fluid Services, or that leverage Fluid LOCAL. Non-commercial public archives and general purpose Internet search engines using such methods for the sole purpose of displaying hyperlinks to sites and pages that leverage Fluid LOCAL are exempt assuming they use a stable IP address or range of addresses and an clearly-identifiable agent.
Reuse. Don’t retrieve, index, or access any portion of Fluid LOCAL sites, or of sites and pages leveraging Fluid LOCAL, for purposes of constructing or populating a searchable database of business reviews.
Reasonable use. Don’t take any action that we judge to place an unreasonable or disproportionately large load on Fluid LOCAL sites, sites leveraging Fluid LOCAL, or Fluid LOCAL technology infrastructure.
Unauthorized access. Don’t try to gain access to Fluid LOCAL sites, user accounts, systems or networks connected to Fluid LOCAL through hacking, social engineering, password mining, or any other means.
User information. Don’t record, process, or mine information about other users or clients.
Reverse engineering. Don’t reverse engineer any capability of Fluid LOCAL.
Authorized users. Only prospects evaluating whether to enter into a business relationship with Fluid LOCAL, customers pursuing an ongoing business relationship with Fluid LOCAL, or the authorized agents of prospects or customers should use Fluid LOCAL.
Unauthorized users. Don’t use Fluid LOCAL for the purpose of competitive analysis or in the development of any similar products, services or technology for your use, or the use of any third party.
Fluid LOCAL branding. Don’t remove, hide or alter Fluid LOCAL branding when leveraging plugins or our API on your sites or pages.
Fluid LOCAL changes. We reserve the right to update, modify, or discontinue Fluid LOCAL sites, products, services, and technologies at any time, at our sole discretion, without liability with email notification to account owner.

Content

Ownership. You have sole responsibility for your content contributions, in the form of content, reviews received, and comments you have made on those reviews. If you choose to cancel services, you can request that we delete all of this content.
Responsibility. You alone are responsible for any violations of applicable laws in the content that you’ve posted to Fluid LOCAL. Any content you add to Fluid LOCAL is yours, not ours. You are responsible for ensuring that nothing you contribute violates any law or any third-party right including copyright, trademark, privacy right, right of publicity, moral right, trade secret, patent, or other intellectual property or proprietary right.
Privacy. Don’t publicize other people’s private information such as a full name, full address, or a photo of their license plate unless you are referring to members of your organization with permission, or service providers who commonly share or are commonly identified by their own full names. Please don’t post close-up photos of anyone without their permission.
Unacceptable content. Don’t threaten or harass anyone. Avoid lewdness, defamation, hate speech, and other displays of bigotry in all of your contributions. Don’t post pictures of anything not considered to be a “G” rating.
Conflicts of interest. Only request reviews from those with which you have had a legitimate business interaction. Only write reviews about those with whom you have had a legitimate business interaction. Don’t review businesses you own or that employ you, businesses owned by your friends or relatives, or businesses owned by your competitors or fellow members of business networking groups.
Accuracy. Please ensure that your contributions are factually correct and reflect your personal experiences. Your opinions, particularly in reviews, are welcome but please don’t exaggerate or misrepresent your experiences. Fluid Services won’t take sides in a disagreement as to accuracy, but we expect you to take responsibility for the accuracy of your review.
Relevance. Make sure the content of your check ins and reviews pertain directly to the work performed, service provided, products sold, projects estimated, etc.
Our rights. We will use your content for your benefit as you direct through the capabilities of Fluid LOCAL. We may also use or reference your content in marketing, demonstrating, training, or advertising Fluid LOCAL. Fluid reserves the right to remove any content posted by you at any time without notice.
Syndication. We can enable automatic sharing and/or reposting of your content to third-party sites or services. Once any content has been shared or reposted to such a third-party site, Fluid Services no longer has the responsibility or capability to manage that content in any way.
Referrals. You can enable links to third-party sites for the purpose of providing additional reviews on those sites. Those sites are entirely in control of the experience for any customer that chooses to click on one of those links.

Enforcement

We are under no obligation to enforce these terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the terms, but we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to violate these terms, and not to assist, encourage, or enable others to do so.

Fluid Marketing Services

By using Fluid Marketing Services (“Marketing Services”), you, the user,(also referred herein as the ”Client”) agree to be bound by the following specific terms and conditions (“Terms of Service”). Fluid Services (“We”, “Us”, “Our”, “Company” or “Fluid Services”) reserves the right to change the Terms of Service at any time without notice, and your continued use of Marketing Services constitutes your consent to such changes.

DESCRIPTION OF SERVICES. We will provide an ongoing set of online services including website design, copy and editorial development, search engine optimization and website updates as described on the signup page for each specific Marketing Service offered. The timeline (“Timeline”) that is given to Client is a tentative window of time to complete each service. We reserve the right to make any change to the Timeline.
BUSINESS LOCATIONS: We will provide our services (“Geographical Service Area” to one selected geographical location. The extent of a Geographical Service Area is determined in Fluid’s sole discretion. For multiple Geographical Service Areas, We may include additional charges based on the scope of work. For a second physical location, office or storefront, we will consider this a second separate business, and we may include additional charges based on the scope of work.
LIMITATIONS OF SCOPE. We will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties in writing.
MANAGEMENT RESPONSIBILITY. We will provide certain tools, methods, and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. We may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken, and results produced.
COPYRIGHT. All content produced by Us within the scope of services including software and web code, contents, graphic and designs, or material developed or licensed by Fluid Services for Client as part of the marketing services is copyrighted by Fluid Services and remains the exclusive property of Fluid Services. Upon termination of this agreement copyrights shall remain with Fluid Services. After full payment of Marketing Services rendered, if Client chooses to cancel this agreement per the conditions herein all Fluid Services copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow third parties use of the content. In the event Fluid Services ceases business operations and providing the Services described in this Agreement all copyrighted content, EXCEPT software, web code, WordPress themes and plugins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow third parties use of the content.
LINK. Customer hereby acknowledges and agrees that Fluid Services shall have the right to use the name of Client, including the Client Website, for reference as a customer of Fluid Services for referral and marketing purposes.
TERM/TERMINATION. Except for reasons of non-performance by either party, these Terms of Service shall remain in effect until formally terminated in writing by either party. We will start subscription billing for its Marketing Services to Client beginning on the date Client agrees to these Terms of Service (“Renewal Date”) and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing. Termination of the Marketing Services pursuant to this agreement requires written notice delivered thirty (30) days prior to the desired date of termination. A failure to make payment by date due during any period gives Us the option for immediate termination without notice. Upon the expiration or termination of the Marketing Services for non-payment or non-performance by Client, (i) all licenses granted by Fluid Services to Client here under shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Marketing Services afforded to Fluid Services’ Clients shall automatically terminate. Hosting costs are still the Client’s responsibility even after Termination. Client can have their website migrated to another host of their own choice and expense. If client migrates to a different hosting platform, Fluid Services is not responsible for the Client’s website anymore. If a domain is registered through Fluid Services, the Client may have it transferred to another registrar of their own choice and expense.
PRICING. We reserve the right to adjust subscription price at anytime but will allow a minimum of a 1 month “grandfathered” period for the Client to adjust to the pricing changes.
PAYMENT FOR SERVICES. Client will pay monthly fees to Fluid for a subscription to its Marketing Services as described in Fluid Service’s plan in effect at the time of its agreement and for the license to use Fluid’s Marketing Services, software and licensed content in conjunction with its Marketing Services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Marketing Services that have been purchased by the Client. Invoices will be issued, and automatic transactions processed on the Renewal Date as described in Section 7 above. We reserve the right to assess and collect late-payment charges of 1.5% per month on past due balances.
WARRANTY. Fluid Services shall provide its Marketing Services and meet its obligations under this agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Our industry, and will provide a standard of care based on commercially reasonable efforts. The Marketing Services and all products provided as part of the Marketing Services are provided “as is” and Fluid Services disclaims, and Client waives, any warranties, express or implied, as to the merchant-ability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the Marketing Services. Fluid Services does not warrant that the software or any products or Marketing Services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall Fluid Services be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use its websites, Fluid Services shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Fluid Services, Fluid Service’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by Fluid Services, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, Fluid and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Fluid Services shall have no liability to Client arising from or relating to any third party hardware, software, information or materials. Fluid Services is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though We will attempt to prevent or minimize exposure to such risks.
INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Fluid Services and its licensors arising from products or Marketing Services related to this . Conversely, Fluid shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Fluid Services.

Fluid LEADS

By using Fluid Leads, you as user (also referred to herein as “Client”) agree to be bound by the following terms and conditions (“Terms of Service”). Fluid Services, LLC (“We”, “Us”, “Our”, “Company” or Fluid Services”) reserves the right to change the Terms of Service at any time without notice, and your continued use of Fluid Leads constitutes your consent to such changes.

BINDING EFFECT. This is a legally binding agreement. By using the website at leads.fluid.services (the “site” or “website”), and using any Services provided in connection with the site (as defined below) through the site or any web or mobile application, you agree to abide by these Terms of Service, as they may be amended by Fluid Services from time to time in its sole discretion. Fluid Services will update the effective date on this webpage any time these Terms of Service have been changed or otherwise updated. If you find these Terms of Service unacceptable, you must immediately leave the site and cease all use of the Services and the site. YOU AGREE THAT BY ACCESSING THE SITE AND USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy is added at the end of this document. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
1. When you wish to purchase and use certain Fluid Leads Services offered on the site , you must create a member login by providing the complete and accurate information requested. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
SERVICES OFFERED ON THE SITE
1. SERVICES OFFERED. Company may make certain services available to you on the site (the “Leads Services”); specifically, web-based interface phone and SMS communication services for measuring marketing campaigns, improving customer service, and improvising sales performance, among other services (see a complete description of the LEads Services on the site). Your use of the site and/or Leads Services may be referred to herein as, without limitation, the “Services”, your “use of Services”, and your “participation in Services”, including all derivatives.
2. CALL RECORDING SERVICES. Company makes available technology that offers you the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, Company will, at your discretion, create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction.
  1. You are responsible for complying with the local laws in the relevant jurisdiction when using this feature. Company provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that (a) you authorize Company to make incoming call recordings on your behalf, (b) you either (i) authorize Company to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR (ii) make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law; (c) you must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by Company; and (d) Company will not be liable whatsoever for any use made by you, your employee, contractor, officer, agent, authorized representative, or other third party, of the recordings and its contents, and/or of any personal information disclosed.
3. VOICEMAIL SERVICES. Company provides optional voicemail services, which may include premium transcription services. In order to provide transcriptions services, Company may utilize third-party transcription providers. If you wish to opt-out of voicemail transcription services, please contact our support team at the contact information below.
4. CALL TRANSCRIPTION SERVICES. Company makes available technology that offers you the ability to transcribe a conversation on incoming telephone calls and voicemail messages (if you request so). When a call party initiates a call to a tracking phone number, we will, at your discretion, create a digital audio recording of the telephone call, transcribe the call (possibly utilizing third-party transcription providers), and display the transcription to you.
PAYMENT FOR SERVICES. By selecting a paid service on the site, you agree to pay Company the monthly or annual (as applicable) subscription fees indicated for the service ordered (“Service Fees”). Payments shall be charged on the day you sign up for the particular service and will cover the use of that service for a monthly or annual period, as indicated in your order. You agree to allow Company, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Leads Services as they become due (which will include all related taxes) to reimburse Company (including all payment affiliates and service providers) for all collection costs and interest for any overdue amounts.
REFUNDS FOR SERVICES. Service Fees may be refundable only within the first thirty (30) calendar days of service. Overage fees, including additional phone numbers and minutes not included in your plan, are not refundable under any circumstances whatsoever.
COMPANY’S INTELLECTUAL PROPERTY. The site may contain copyright material, trademarks, and other proprietary information of Company, including, but not limited to, text, graphics, logos, button icons, images, and audio and video clips (“Company’s Intellectual Property”). The collection, arrangement, and assembly of all Company’s Intellectual Property on the site is the exclusive property of Company. Any trade names or trademarks of Company may not be used in any manner that is likely to confuse consumers or harm Company. Without limitation, all other trademarks, product names, and company names on the site are the property of their respective owners.
COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the site or with the Leads Services. Company has adopted a policy that provides for the immediate suspension and/or termination of the site, Leads Services, or a user’s access to the site or Services in the event of the infringement on the rights of Company or of a third party, or the violation of any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company at: Fluid Services, LLC - support@fluid.services
COMPLIANCE WITH LAWS
1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site or using the Leads Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account on the site. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
2. COMPLIANCE WITH OTHER LAWS. You represent and warrant that your use of the site and the Leads Services will be in accordance with the Company Privacy Policy and these Terms of Service, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Leads Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of your customer’s personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer’s personally identifiable information or technical data; including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); the Telephone Consumer Protection Act (“TCPA”); and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) (collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.
INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material and, if applicable, to delete any such material from its site and servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
USER CONTENT. You grant Company a license to use the materials you post to the site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Company’s business, in connection with its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
PROHIBITED USES. Company imposes certain restrictions on your permissible use of the site and Leads Services. You are prohibited from violating or attempting to violate any security features of the site or Leads Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the , or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the or Services; (g) launching or facilitating a Denial of Service attack on our service or any third parties; (h) using the Services to manipulate phone-based verification systems; (i) promoting or engaging in illegal or fraudulent activities, or any other activities that may subject Company or third parties to liability, damages, and/or violations of the law or danger; (j) harvesting or otherwise collecting information about others without their consent; (k) using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; and (l) sending calls to life-line services, such as hospitals, fire, police, emergency (911) rescue, or utility-related telephone numbers. Any violation of system or network security may subject you to civil and/or criminal liability.
ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Services and/or the site. To ensure that Company provides a high-quality experience for you and for other users of the site and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints, allegations of abuse, or other unauthorized uses of the site or the Leads Services. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the and Services immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the site or the Services by others.
WARRANTY DISCLAIMER. Our site or Leads Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure including phone calls not being connected, theft or destruction, unauthorized access to, or alteration of your communications.Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our site or Services, including, without limitation, any software provided through our site or Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our site or Leads Services.
1. THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR SITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE AND LEADS SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR SERVICES. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SITE, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. OUR SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR SITE OR SERVICES, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
THIRD PARTY SITES. From time to time in connection with your use of the site or Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that these Terms of shall not govern your use of any and all third party content.
INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the site, your violation of these Terms of Service, or your use of Leads Services. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT. All contents of site and Services are: Copyright © 2022 - All rights reserved.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CHANGES TO OUR TERMS OF USE We reserve the right to change Terms of Service at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our site. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of this Terms of Service, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Lead Services after any change to this Terms of Service and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to this Terms of Services, you can choose to discontinue the use of our site and Services.
ACKNOWLEDGEMENT. BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Privacy Policy

FLUID SERVICES’ PRIVACY INFORMATION

Fluid Services, LLC (hereinafter “Fluid Services”) is firmly committed to the privacy of its customers. Fluid Services shall take all reasonable measures to have your personal information protected to ensure you feel safe and secure.

This Privacy Policy covers how Fluid Services uses personal information that users provide to Fluid Services when they sign up for Fluid Services’ various services, collectively, (“The Services”). By using any of the Services you accept the terms of our Privacy Policy.

How We Collect and Use Your Information

You can browse Fluid Services’ website, located at https://fluid.services, without providing any personal information. To start using the Services you may be required to register and provide some personal information.

The information that Fluid Services collects about you can be classified as Personal Information and Anonymous Information. Personal Information refers to information that identifies you as a person, for example, your name, postal address, phone number, email address, payment details. Anonymous Information refers to information that does not identify a specific individual.

Personal Information

We collect your email address when you register for a Service on our website. If you subscribe to one of the paid Service plans with Fluid Services, we collect such information as your name, postal address, phone number, credit card and other billing information.

We may use your Personal Information to respond to an email or other inquiry or request, to help improve the Services, to customize your experience on our websites or to send updates or notices about our Services. We also use your Personal Information to bill you for any subscriptions and other related charges. The billing is performed by a third-party billing service that meets Payment Card Industry Data Security Standards securing your sensitive financial and billing information.

Anonymous Information

Every time you visit our websites, Fluid Services collects certain technical information from your Web browser. It includes the pages that were visited and returned to, the time spent on the websites by a visitor, the operating system, the Web browser version, the referring site and any keywords used to find the websites on search engines. This information does not contain any reference to the Personal Information. This information can only be accessed by Fluid Services and is used with the sole purpose of tracking visits to the websites and improving the experience, content and layout of the websites. Using the anonymous information, Fluid Services can also identify defects in it’s Services and thus continually improve the quality of the Services.

Cookies

Fluid Services may automatically collect some information through the use of cookies. A cookie is a small data file that is stored on a user’s computer to enable the Services to recognize a user that previously used the Services. Cookies are also the cornerstone for any web analytics solution that tracks interaction between a browser and a website. Fluid Services uses information collected from cookies to track the pages of the websites that our users view, the browsers they use and other information about user activity when visiting the websites.

Fluid Services has implemented the Remarketing with Google Analytics for Display Advertising online. Fluid Services and the third-party vendors, including Google Inc., use the first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on a person’s past visits to the . As a result, ads shall be displayed on the sites across the Web. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager.

Any visitor can browse the websites with cookies turned off, but if you are subscribed to the Services and you wish to log in to your Service account, your Web browser must accept cookies. A cookie/session variable is assigned to you when you log in, and is placed on your computer for programming purposes only. It ensures that you have properly logged in and that your personal information is only accessible to you. The Web browser’s settings can be customized to refuse cookies and to remove them from your computer.

How We Share Your Information

Privacy of our users is very important for Fluid Services. We will not disclose, sell or rent your Personal Information to any third party for marketing purposes. We may share your Personal Information with the third parties only if you instruct us to and only if such information is required to provide you with specific services. We may share your Personal Information with a relevant Regional Exclusive Distributor for your area, who has signed a Nondisclosure Agreement, so your data is absolutely safe with us. We may use a credit card processing company to bill our users for subscriptions and other fees. These third parties shall not retain, share or store any Personal Information except to provide such billing services and shall be bound by strict confidentiality agreements, which limit their use of such information.

Fluid Services may disclose Personal Information to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Fluid Services, whether or not a response is required by applicable law.

Fluid Services shall not access, modify, or otherwise disclose the statistical information that Fluid Services compiles for websites configured in the HitLens Traffic Analysis service except for the express purpose of generating reports which have been authorized by you or otherwise agreed by you, or unless acting under a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process or (b) troubleshoot any service problems.

Fluid Services reserves the right to transfer Personal Information to a successor in interest that acquires rights to that information as a result of the sale of Fluid Services or substantially all of its assets to that successor in interest.

How We Protect Your Information

Fluid Services uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your Personal Information. We cannot warrant the security of any information you provide and you do so at your own risk. Once we received any information from you, Fluid Services shall make commercially reasonable efforts to ensure the security of our systems. Please note that this is not a guarantee that unauthorized entry or use, hardware or software failure and other factors that may at any time compromise the security of user information, will not happen.

All traffic analysis reports that Fluid Services compiles for your websites configured in the HitLens Traffic Analysis service are confidential. They are strictly connected with your user account and are protected by passwords. You should keep the passwords confidential and only allow guest access to those whom you trust. Fluid Services shall take all commercially reasonable measures to protect your traffic analysis reports with advanced security mechanisms (firewalls and SSL encryption).

Email Communications

Fluid Services is committed to keeping your email address confidential. We will never sell, rent or lease our users’ email lists or otherwise disclose user email addresses to any third party. We will use our users’ email addresses exclusively to communicate Fluid Services information to them. We respect your attention and time so we shall limit the frequency of our mailings to a reasonable amount.

Fluid Services administrative and service announcements

Fluid Services may automatically email administrative messages such as “Thank you” messages or welcome messages introducing users to Fluid Services products and services, responses to password recovery, password and email change requests and similar explanatory messages that are necessary for user guidance. Users cannot opt-out from these emails.

Fluid Services may email you service announcements such as day and time of expected interruptions of services, change of prices or service specifications. These emails have no opt-out status either.

Fluid Services marketing communications

Fluid Services may email marketing messages such as product updates and special offers. Upon receipt of a Fluid Services special offer or product update email message, users can opt out by clicking the Unsubscribe link at the bottom of the message.

Changes in Our Privacy Policy

Your use of the Services, including any dispute concerning privacy, is subject to this Privacy Policy and our Terms of Service. Fluid Services reserves the right to modify this Privacy Policy from time to time and such modifications shall be effective upon posting them on the website . You agree to be bound by any changes to this Privacy Policy when you use the Services after any such modification is posted. It is, therefore, important that you review this Privacy Policy regularly to ensure you are updated of any changes.

What This Privacy Policy Covers

This California-specific privacy notice applies to all the products, services, websites, and applications offered by Fluid Services, except where otherwise noted (collectively, the “Service” or “Services”). This privacy statement is an extension to and forms part of the main Fluid’s Services Privacy Policy.

California “Shine the Light” Act

The California “Shine the Light” Act, section 1798.83 of the California Civil Code, requires a business with whom a California resident has an established business relationship to disclose to such residents, upon their request: (1) the types of personal data the business shares with third parties for the third party’s marketing purposes, and (2) the identities of the third parties with whom the business has shared this information during the immediately preceding calendar year. If you are a California resident, and would like to make such a request, please submit your request via e-mail to support@fluid.services.

Personal Information We May Collect About You and How It Is Used

General Information

For individuals who are California residents, the California Consumer Privacy Act (“CCPA”) requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it. While we have set out the categories below as required by the CCPA, you can review our Privacy Policy for examples and other information that describes our data collection and use, as previously disclosed to you and which have not changed under this notice.

Depending on how you interact with us, Fluid Services may collect the categories of information as summarized in the table below. Supplemental Notice does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services. It also does not apply to personal information we collect from employees or job applicants in their capacity as employees or job applicants.

Sources of Information Collected

The categories of personal information we collect about you, as detailed below, come from the following categories of sources:

You, including through your use of our website and Services
Automatically collected from your browser
Our advertisers and other affiliates
Third parties

Categories of Personal Information We Collect
Categories of Third Parties with Whom We Share that Information

Identifiers (such as name, address, and e-mail address)
1. Third parties, such as our marketing and data service providers and integration partners
2. Aggregators, such as analytics services
3. Our advertisers and other affiliates
Commercial Information (such as transaction data)
1. Third parties, such as our marketing and data service providers and integration partners
2. Aggregators, such as analytics services
3. Our advertisers and other affiliates
Internet or Network Activity Information (such as browsing history)
1. Third parties, such as our marketing and data service providers and integration partners
2. Aggregators, such as analytics services
3. Our advertisers and other affiliates
Geolocation Information (such as information inferred from your IP address)
1. Third parties, such as our marketing and data service providers and integration partners
2. Aggregators, such as analytics services
3. Our advertisers and other affiliates
Other Information that Identifies or Can Be Reasonably Associated with You
1. Third parties, such as our marketing and data service providers and integration partners
2. Aggregators, such as analytics services
3. Our advertisers and other affiliates

Categories of Business/Commercial Purposes for Our Use of Your Information

The categories of personal information we collect about you (as detailed above) may be used for the following purposes:

Providing our Services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our Services)
For our operational purposes and the operational purposes of our service providers and integration partners
Improving our existing Services and developing new services (for example, by conducting research to develop new products or features)
Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity
Bug detection, error reporting, and activities to maintain the quality or safety of our Sergvices.
Auditing consumer interactions on our site (for example, measuring ad impressions)
Short-term, transient use, such as customizing content that we or our service providers display on the services
Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third party partners
Other uses that we notify you about

Your Rights and Choices

In addition to the rights outlined in our Privacy Policy and subject to certain restrictions, California residents may also have the right to request that we disclose what personal information we collect about you, delete any personal information that we collected from or maintain about you, and opt-out of the sale of personal information about you. As a California resident, you may also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests, including our means of verifying your identity. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us here. While our contact form is the best way to reach us, you may also email us at support@fluid.services.

Requests for Access to and Deletion of Your Personal Information

Right to request access to your personal information

California residents have the right to request that we disclose what categories of personal information we collect, use, or sell about you. You may also request the specific pieces of personal information that we have collected about you. However, we may withhold some information where the risk to you, your personal information, or our business is too great to disclose the information.

Right to request deletion of your personal information

You may also request that we delete any personal information that we have collected from or about you. However, if you ask us to delete it, you may no longer be able to access or use our Services. Additionally, we may retain personal information as authorized under applicable law, such as personal information required to provide our Services; to protect our business and systems from fraudulent activity; to debug and identify errors that impair existing functionality, as necessary for us, or others; to exercise or ensure another’s exercise of free speech or other rights; to comply with law enforcement requests pursuant to lawful process; for scientific or historical research; for our own internal purposes reasonably related to your relationship with us; or to comply with legal obligations. We may also need certain types of information so that we can provide our Services to you.

How to exercise your access and deletion rights

California residents may exercise their California privacy rights by submitting your request here. While our contact form is the best way to reach us, you may also email us at support@fluid.services.

For security purposes, we may request additional information from you to verify your identity when you request to exercise your California privacy rights. This information will be used solely to verify your identity in connection with your request and will not be retained.

Once you submit a request to (1) access the categories of personal information we have about you or (2) obtain a copy of specific pieces of personal information we have about you, we will verify your identity by matching the information provided in your request with information we may have in our system. Upon successfully verifying your identity, we will provide you with your requested information in a secure, password-protected format. If we are unable to verify your identity, we will notify you.

Once you submit a request to delete personal information we have collected from you, we will verify your identity by matching the information provided in your request with information we may have in our system. Upon successfully verifying your identity and confirming whether we have a right or obligation to maintain the information, we will delete your personal information and inform you once the deletion is complete. If we are unable to verify your identity, we will notify you.

Sale of Personal Information

For purposes of the CCPA, Fluid Services does not “sell” your personal information.

Non-Discrimination Rights

California residents have the right to not be discriminated against for exercising their rights as described in this section. We will not discriminate against you for exercising your CCPA rights.

Changes to this Privacy Policy

Fluid Services may update this policy. We will notify you about significant changes in the way we treat personal data by posting a notice to our web site at fluid.services and by sending a notice to the primary e-mail address specified in your Fluid Services’ account.

Questions and Suggestions

If you have questions or suggestions, please contact us at:

Fluid Services - support@fluid.services

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Your Consent

By using our site, you consent to our websites privacy policy.

Fluid LOCAL Specific Provision

Fluid Services is committed to privacy. We are not going to share any information that you don’t want us to share. We don’t sell your name, phone number, email or mail address to third parties. We don’t sell the names, phone numbers, email or mail addresses to third parties of those you ask to provide reviews. We won’t spam you, or those you ask to provide reviews. We want you to be confident that your information is safe with us.

Fluid LOCAL is a social application. At its core, it enables businesses to broadcast their location in real-time, and it enables customers to more easily find them. In addition to local content, Fluid LOCAL also offers a means to email or text review requests to customers.

Review and content data, not including email addresses or phone numbers of those asked for reviews, is posted on the Fluid LOCAL network (fluid.services) and to any plugins or API integrations you have allowed us to activate to display that content on website(s). If you have activated webhooks, API integrations, Zapier integrations, or pushed reports then the content and review information including customer email address or phone number will be accessible to you through those integrations, and it is your responsibility to ensure that you do not make any personally-identifiable information public.

Review and content data, including the name, email address or phone number for those you have asked for reviews, will also be available to anyone you grant access to see it in your account on the Fluid LOCAL backend and in any of the integrations you have setup — so be security conscious.

The content data you create, and the reviews your customers provide (not including their email address or phone number), is public. If you do not want this information to be public, you should not use Fluid LOCAL.

Location based data is sensitive. We use geolocation data in several ways. Most notably on the Fluid LOCAL main site (fluid.services), and on the Fluid LOCAL plugins, webhooks, API integrations, or Zapier integrations. The data we use enables customers to search for information based on location, and for businesses to broadcast location specific data, like their recent checkins from one of our plugins. We want to protect both businesses and customers and their locations. To do this we obscure geolocation data. What does that mean? Without getting too technical, we simply scramble the geolocation data a bit to make it so that we only get to the neighborhood level when displaying any geolocation data. The neighborhood is as close as we broadcast.

Keep in mind that the government rules. If big brother comes knocking on our door asking for stuff, we will act tough at first, but then we will give-in and hand it over if we are legally obligated to.

Fluid Dispatch - Terms of Service

These Terms of Use together with any agreement or order form that incorporates these Terms of Use (collectively, the “Agreement”) are a binding legal agreement between you and Fluid Services LLC, or, if you have a separate written agreement which incorporates this Agreement by reference, the Fluid Services entity set forth therein (“Fluid Services”), regarding your use of the Fluid Services proprietary online platform for field service business management, additional services related thereto, and/or certain standalone software or service offerings, and related content made available to you through our website(s) located at fluid.services, as applicable, and through our mobile applications and related technologies (“Mobile Apps”, and collectively, including any updated or new features, functionality, and technology, the “Service”) as well as any products or services, including professional services, provided to you by Fluid Services. If you are registering for an account or using the Service on behalf of an entity, organization, or company (“Corporate Entity”), you agree to this Agreement on behalf of that Corporate Entity and you represent and warrant to Fluid Services that you have the authority to bind that Corporate Entity to this Agreement (and, in which case, the terms “Customer”, “you” and “your” will refer to that Corporate Entity). If you are not registering for an account or using the Service on behalf of a Corporate Entity or if you are registered for an account or using the Service as an Authorized User of a Corporate Entity, then the terms “Customer”, “you” and “your” will refer to you in your individual capacity. The terms “Fluid Services,” “we,” “us,” and “our” refer to Fluid Services and our affiliates, as applicable. Fluid Services’s direct competitors (or third-party agents acting on behalf of such direct competitors) are prohibited from accessing the Service.

We may periodically make changes to this Agreement, and if we do we will post the changes on this page and will indicate at the top of this page the date this Agreement was last updated. You may view the most current version at https://fluid.services/terms-of-service. We will also give you not less than thirty (30) days advance notice of any material changes, unless such material changes result from changes in laws, regulations, or requirements from telecommunications or other providers. Following such notice, your continued use of the Services on or after the date the updated version of this Agreement is effective and binding constitutes your acceptance of the updated version of this Agreement. The updated version of this Agreement supersedes all prior versions. If you do not agree to the updated version of this Agreement, you must stop using the Services immediately. You should periodically visit this page to review the current version of this Agreement so you are aware of any revisions. If you do not agree to abide by this Agreement, you will not access, browse, or use the Service.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER TO SUBMIT CLAIMS CUSTOMER HAS AGAINST FLUID SERVICES TO BINDING AND FINAL ARBITRATION, AND WAIVES EACH PARTY’S RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNDER THE ARBITRATION AGREEMENT, (1) CUSTOMER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FLUID SERVICES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) CUSTOMER WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Additional Terms: When using certain features or functionality of the Service, you will be subject to any additional terms applicable to such features that may be appended to this Agreement or posted on or within the Service from time to time, and any user specifications regarding Authorized Users referenced herein from time to time (the “User Specifications”). All such terms are hereby incorporated by reference into this Agreement. We may amend the User Specifications from time to time without amendment of this Agreement generally for the addition of new user types or changes to the features, functionality and roles applicable to individual user types.

Account Registration

(a) Accounts; Authorized Users. You must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information and promptly update this information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service. Only your employees or contractors who are authorized to access the Service using a user identifier and password provided to you by us or set up by you (“Authorized Users”) may use your account to access and use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account from unauthorized use, you must keep your user identification and password and those of your Authorized Users secure. You must notify us immediately of any unauthorized use of your account or any other breach of security. If there is unauthorized use by anyone who obtained access to the Service directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by Fluid Services to prevent or terminate unauthorized use of the Service. Certain features or functionality of the Service may only be accessed or used by a certain type of Authorized User and access to such features and functionality may be subject to specific Authorized User limits set forth in the agreement, order form or other document executed by you and us into which this Agreement is incorporated. We reserve the right to prevent or limit usage of the Service in excess of such limits.

(b) Eligibility. You must be at least the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) to use the Service. By entering into this Agreement, you represent and warrant to us that: (i) you are at least the age of majority in the jurisdiction in which you live; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

(c) Corporate Entities. If you are a Corporate Entity, you may allow Authorized Users working for your Affiliates to use the Service under your subscription to the Service, as long as the aggregate number of each type of Authorized User does not exceed those specified with respect to your subscription and as long as used in the operation of a single business. You agree that: (i) you will at all times be liable and responsible for all acts and omissions of your Authorized Users that use the Service (including any Authorized Users using the Service on behalf of the Affiliate) as though those acts and omissions were committed by you; and (ii) you agree (and you agree on behalf of your Affiliates) that your Affiliates and their Authorized Users may have access to the data and information accessible by their respective user types and Fluid Services is not responsible for enforcing any data access restrictions between you and your Affiliates. “Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, you control, by way of majority voting stock ownership or the ability to otherwise direct or cause the direction of the management and policies. If you registered for the Service under a name other than the legal name of a business, we may from time to time require you to verify that all licenses purchased by you are used only by you and your Affiliates and in the operation of a single business. If an Authorized User is using the Service in connection with the operation of more than one business, you must disclose this fact to us at the time of registration and renewal for the Service, as separate businesses require separate agreements with us. Failure to do so will constitute a breach of your obligations hereunder.

Services

(a) Services. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement and the terms of your subscription for the Service, Fluid Services hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the term of this Agreement to: (i) access and use the Service solely in connection with the internal business operations of a single business, and (ii) solely to facilitate the provision of the Service to you, download, install and use object code copies of any Mobile App(s) associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on mobile devices that you own or control, in each case solely for use by a number of Authorized Users that does not exceed the number of paid subscriptions in your account, with no substitution of such users except as expressly permitted. Each instance of this Agreement that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device. Certain features and functionality of the Service may be limited by number of transactions instead of number of Authorized Users, and you acknowledge and agree that after completing the number of transactions for which you have paid, such features and functionality may not be available to you unless and until you pay for additional transactions to be completed thereunder. Use of the Service by any number of individuals above the numbers provided by your subscription is a violation of this Agreement. Any number of individuals using the Service in excess of the number specified in your subscription will be subject to immediate additional subscription purchases to the payment method on file, prorated for any partial period. Further, if Fluid Services provides you with any application programming interface (“API”) or software outside the Service, our website(s), and Mobile Apps, Fluid Services hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use that API solely in connection with your use of the Service.

(b) Early Access. If you obtain a subscription to a new feature or add-on to the Service designated by us as “Preview,” “Alpha,” “Beta,” “Early Access” or “Evaluation Services” (each an “Early Access Service”), notwithstanding any other terms to the contrary, you may use such Early Access Service only for your internal demonstration, test, or evaluation purposes. Early Access Services and all documentation and information provided by Fluid Services in connection therewith constitute Fluid Services Confidential Information. You agree to provide feedback with respect to any Early Access Service that we make available to you, and the intellectual property rights in or related to such feedback are as set out in Section 9.NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, GUARANTEES AND OTHER KINDS OF PROMISES, EXPRESS, IMPLIED, OR STATUTORY FOR EARLY ACCESS SERVICES AND THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARLY ACCESS SERVICES HAVE A NON-PERPETUAL, TIME-LIMITED SUBSCRIPTION TERM AND WE MAY “TIME-OUT” AND DISABLE THE EARLY ACCESS SERVICES OR OTHERWISE DISCONTINUE YOUR ACCESS AND USE OF THE EARLY ACCESS SERVICES AT ANY TIME AND FOR ANY REASON WITHOUT PRIOR NOTICE. You will not attempt to defeat or circumvent any duration mechanism for the Early Access Service and will not use any Early Access Service beyond the prescribed term of early access. Your use of an Early Access Service may be subject to additional terms and conditions that you must agree to when accessing the Early Access Service.

Support

If you are current with payment of Service fees, and subject to any other agreement you may have for support for the Service, Fluid Services will provide you with its standard technical support services relating to the Service.

Fees and Payment

(a) General Payment Terms. Certain features of the Service may require you to pay fees, including all applicable taxes. Such fees may differ based on the specific features and functionality of the Service you subscribe to and the number of Authorized Users or transactions for which you purchase subscriptions with respect to such features and functionality. In addition, some Service features and functionality may require us to engage third-party service providers (e.g., telecom providers) and you agree that any charges imposed on us by such third parties with respect to your usage or the provision of the Service to you (e.g., per-message/SMS fees, regulatory fees or access charges) may be passed through to you. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise agreed, all fees are in U.S. Dollars and are non-refundable. Payments made by credit card, where permitted by Fluid Services, may be subject to transaction and other processing fees and such fees are subject to change from time to time. Fluid Services reserves the right to change the required method of payment at any time, upon notice to you (including in any invoice). You are responsible for updating your account information pursuant to written instructions provided by Fluid Services should the required payment method change. Monthly billing will be based upon the number of subscriptions at the beginning of the period, plus prorated billing for any added subscriptions and without reduction for subscriptions removed during the period. All fees paid hereunder are non-refundable and non-recoupable. You agree that your purchases under this Agreement are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by us regarding future functionality or features.

(b) Price. Fluid Services reserves the right to determine pricing for the Service. Except as otherwise specified in a written agreement or order form between you and Fluid Services that incorporates these Terms of Use by reference, Fluid Services may change the fees for any feature of the Service, including additional fees or charges, if Fluid Services gives you not less than thirty (30) days’ advance notice of such changes via email or electronic notification within the Service before they apply. Fluid Services, in its sole discretion, may make promotional offers with different features and different pricing to any of Fluid Services’s customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

(c) Additional Amounts Payable. We also process automatically recurring payments for periodic charges on additional services and individual charges as incurred. If you activate an additional service or incur usage fees (e.g., email hosting fees, website fees), you hereby authorize Fluid Services to periodically charge such fees, including on a going-forward basis and until cancellation of either the recurring payments or your account, and all other accrued sums on or before the payment due date for the accrued sums. Your account will be charged automatically on the date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel the additional subscription or we terminate it. You must cancel a subscription before it renews in order to avoid being charged the next periodic subscription fee to your account. You may request cancellation of a subscription service by contacting us at: support@fluid.services.

(d) Taxes. Fluid Services may be required to charge sales or other tax on products and services pursuant to certain foreign, federal, state, provincial and local laws, and may pass through regulatory, access, or usage fees or charges. Estimated or final taxes and charges are not included in this Agreement and shall be borne by Customer. Your invoice will reflect the final taxes in effect at the time of invoicing based on the address for the business(es). Customer must claim any exemption for all applicable taxes at the time of purchase and provide any/all exemption certifications and email documentation to support@fluid.services.

(d) Delinquent Accounts. Fluid Services may, without notice, suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees, charges or expenses (including attorneys’ fees) that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

Term and Termination

(a) Term. The term of this Agreement commences upon your registration for a Service subscription (whether via entering into an order form or other written agreement that incorporates these Terms of Use, or otherwise) and remains in effect for the term of your subscription. If you have entered into an order form or other written agreement that incorporates these Terms of Use, the term is specified therein; if these Terms of Use are the only agreement between you and Fluid Services with respect to your Service subscriptions, such subscriptions are month-to-month and will automatically renew for additional successive monthly terms unless either party provides not less than thirty (30) days written notice of nonrenewal to the other party prior to the renewal date. Notice via email to Fluid Services at support@fluid.services will be deemed sufficient. Upon termination, your access to the Service and any information stored by the Service will also terminate.

(b) Suspension. You agree to refrain from the following actions (which each constitute a material breach of the Agreement) and we may immediately, without notice, suspend your access to the Service if: (i) you breach any provision of this Agreement; (ii) you seek to hack the security mechanisms of the Service or we otherwise determine that your use of the Service poses a security risk to us or to another user of the Service; (iii) you introduce a malicious program into the network or a virtual machine instance; (iv) you cause network interference that affects Service performance for other customers; (v) you use the Service in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or (vi) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Service for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriated the rights of any third party. Your access will be restored only if and when the reason for the suspension is resolved.

(c) Early Termination: If you want to terminate this Agreement before the term of this Agreement is over, you will owe a termination fee equal to all the remaining payments and you and we agree that the termination fee is based on an agreed minimum usage commitment by you and is not a penalty. The only exception is that you may terminate with thirty (30) days' written notice if Fluid Services materially breaches this Agreement and does not cure the breach within thirty (30) days' of receiving your written notice.

(d) Effect of Termination. If this Agreement is terminated for any reason: (i) you will pay to Fluid Services any fees or other amounts that have accrued prior to the effective date of the termination; (ii) any and all liabilities accrued prior to the effective date of the termination will survive; and (iii) the following sections of these Terms of Use will survive: Sections 5, 7, 8, 9 and 11 through 32. Following termination and upon your request and subject to any specific restrictions applicable to you or your data, Fluid Services will make commercially reasonable efforts to export and provide to you in electronic format the information in your account (service fees may apply), but Fluid Services is not obligated to retain that information following any termination and makes no representation as to the integrity, completeness or timeliness of any data so exported.

(e) Retrieval of Customer Data. Upon Customer’s written request made on or prior to expiration or termination of the Agreement, Fluid Services will give Customer limited access to the Service for a period of up to sixty (60) days after such expiration or termination, at no additional cost, solely for purposes of retrieving Customer Data (“Retrieval Period”). “Customer Data” means electronic data or information or business data submitted to the Service by Customer or any Authorized User or directly created by any such person for Customer’s use in connection with the use of the Service. Notwithstanding the foregoing, Customer Data does not include non-identifiable aggregated data compiled by Fluid Services in connection with Customer’s (including its Authorized Users’) use of the Service. After such Retrieval Period and subject to Fluid Services’s legal obligations with respect to access and rectification of personal information, Fluid Services has no obligation to maintain or provide any Customer Data and shall be entitled to, except to the extent legally prohibited, delete Customer Data by deleting Customer’s account; provided, however, that Fluid Services will not be required to remove copies of the Customer Data from its backup media and servers until such time as the backup copies are scheduled to be deleted, provided further that in all cases Fluid Services will continue to protect the Customer Data in accordance with the Agreement. For clarity, during the term of this Agreement, Customer may extract Customer Data using Fluid Services’s standard web services.

Access to the Service; Modifications to the Service

We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., Internet and/or mobile access charges). You agree and acknowledge that Fluid Services may update and otherwise change the Service from time to time in its sole discretion at any time, provided that such modifications do not materially degrade any of the functionality or features of the Service to which you have subscribed. Notwithstanding the foregoing, we reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice And we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except that if we permanently discontinue the Service we will provide you, as your sole and exclusive remedy, and our sole and exclusive liability, a pro-rated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance.

Restrictions

You must comply with all applicable foreign, federal, state, provincial, and local laws, including privacy, data protection and access to information laws, when using Fluid Services Technology. For example, you are responsible for complying with all telephone recording laws and requirements, including notifying parties that telephone calls are being recorded when required. You are also responsible for, as applicable, complying with the Telephone Consumer Protection Act (TCPA), the telemarketing provisions of the Canadian Competition Act and Canada’s Anti-Spam Legislation (CASL), including ensuring that all voice calls, text messages and any other commercial electronic messages are sent with the recipients’ valid consent and include prescribed information and an effective unsubscribe mechanism, to the extent required. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:

use Fluid Services for any illegal purpose or in violation of any local, state, provincial, national, or international law;
harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
use Fluid Services in violation of any applicable advertising and marketing laws such as CAN-SPAM, the TCPA, the FTC’s Telemarketing Sales Rule, Canada’s Anti-Spam Legislation (CASL), the telemarketing provisions of the Canadian Competition Act, and the CRTC Unsolicited Telecommunications Rules, including those that relate to (i) permitted calling times; (ii) customers’ consent to be contacted by telephone and/or text messages (including opt in/opt out consent where applicable and do not call lists); (iii) the required content of text messages and requirements for enabling and promptly implementing unsubscribe requests; (iv) any registration requirements relating to do not call lists; and (v) any notices that need to be given to potential customers during telephone calls.
import or transfer to Fluid Services any data that is sensitive financial information (including credit card numbers), health information, medical information, pharmaceutical information, any personal information whatsoever about or regarding children under 13 years of age, or other sensitive or regulated information (for example, Social Security Numbers or Social Insurance Numbers);
interfere with security-related features of Fluid Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Fluid Services except to the extent that the activity is expressly permitted by applicable law, and in such an instance you agree to provide us with prior written notice;
interfere with the operation of Fluid Services or any user’s enjoyment of Fluid Services Technology, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of Fluid Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide Fluid Services;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under this Agreement or any right or ability to view, access, or use Fluid Services Technology; or
attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
Ownership

(a) Ownership. Except for the rights to access Fluid Services expressly granted to you in this Agreement, we retain all right, title, and interest in and to Fluid Services, including all related intellectual property rights. Fluid Services is protected by applicable intellectual property laws, including United States and Canadian copyright law and international treaties.

(b) Trademarks. The Fluid Services name and logos are trademarks and service marks of Fluid Services (collectively the “Fluid Services Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fluid Services. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fluid Services Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Fluid Services Trademarks will insure to our exclusive benefit.

Feedback

If you provide feedback, comments, suggestions, or recommendations to us regarding the Fluid Services or Fluid Services’s website (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a non-exclusive, fully-paid, royalty-free, perpetual and irrevocable license to exploit the Feedback in any manner and for any purpose.

Information

You may upload Customer Data to the Service and link other services to the Service to integrate your Customer Data from those other services. In addition, we may collect registration and statistical and usage data about your use of the Service, and may use such data for any purpose in accordance with applicable law and our Privacy Policy. You hereby grant us a non-exclusive, non-sublicensable (except to service providers and subcontractors providing services to Fluid Services), transferable, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, transmit, distribute and otherwise exploit all such information: (a) internally in any way subject to Fluid Services’s obligation of non-disclosure in Section 11 and compliance with applicable laws such as privacy laws; and (b) internally or externally in any way provided that such information is de-identified when stored and aggregated prior to use. You may only upload text, photographs, videos, or other audiovisual or informational content (collectively, “Content”) to the Service if you own the rights to that Content, or if another rights holder has given you permission. You agree that Fluid Services may use your name, logo and marks to identify you as a Fluid Services customer on Fluid Services’ website and in marketing materials.

Confidentiality

(a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes non-public information or material you upload to the Service (including Customer Data). The Confidential Information of Fluid Services and the terms and conditions of all customer success agreements, service orders, order forms, purchase orders and other ordering documentation (including pricing) and the proprietary materials provided to Customer in the course of Customer's implementation, including, but not limited to, guides, product descriptions and configuration tools (the "Materials"). The Materials are confidential and proprietary to Fluid Services and Customer may only use them solely for the purpose of transitioning to and implementing the Service. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

(b) Non-Use and Non-Disclosure of Confidential Information.Except as set forth in this Agreement, or with respect to Fluid Services, the Privacy Policy, Receiving Party will not use any Confidential

Information for any purpose except to perform its obligations or exercise its rights under this Agreement. Subject to Fluid Services’s rights under Sections 10, 17, and 18, Fluid Services will not disclose your Confidential Information to any third party without your consent. This includes information about the pricing of the products and services that you might sell and promote through the Service. Fluid Services may, however, disclose your Confidential Information if required by law or if Fluid Services reasonably determines that disclosure is necessary to prevent harm to Fluid Services or any third party. Your consent to disclosure shall be deemed given in the event that you access Fluid Services or your Fluid Services data through a third party application, solely with respect to disclosure in connection with your use of such third party application. If Fluid Services is required by law to disclose any of that information or material, Fluid Services will, to the extent permitted by law, court order, or applicable legal process, make reasonable efforts to provide you prompt written notice of that requirement prior to disclosure. Further, if you register for the Service through a referral or other promotional partner or through an industry or trade group with whom we have a commercial relationship, we may disclose information about your account to that referral partner or industry group in connection with that commercial relationship. For the avoidance of doubt, except to the extent required for compliance with applicable law, Fluid Services will not directly contact your customers or make personally identifying or contact data regarding your customers available to any third party without your consent. Such consent will be deemed given, however, in the event that you access the Service or your Fluid Services data through a third party application, solely with respect to disclosure in connection with your use of such third party application.

(c) Protection of Confidential Information. Receiving Party shall take reasonable measures to protect the secrecy of and avoid unauthorized disclosure and use of the Confidential Information of Disclosing Party. Without limiting the foregoing, Receiving Party shall take at least those measures that it employs to protect its own Confidential Information of a similar nature (but in no event less than a commercially reasonable standard of care) and shall ensure that its representatives who have access to Confidential Information of Disclosing Party have signed a nonuse and nondisclosure agreement in content at least as protective of Disclosing Party’s Confidential Information as the provisions of this Agreement, prior to any disclosure of Confidential Information to such Receiving Party. The Receiving Party shall reproduce Disclosing Party’s proprietary rights notices on any copies made by the Receiving Party in the same manner in which such notices were set forth in or on the original Confidential Information.

Processing of Personal Information

Collection, use, disclosure, storing and processing of personal data or personal information by Fluid Services hereunder is governed by this agreement and our Privacy Policy, and you consent to us doing so.

Warranties; Disclaimer

Fluid Services warrants that the Service will, during the term of your subscription, materially conform to any description of the Service published by Fluid Services. As Fluid Services’s sole and exclusive liability for breach of this limited warranty, and your sole and exclusive remedy, Fluid Services will make reasonable efforts to correct the non-conformity.

You represent and warrant that: (a) you will not upload or request that Fluid Services import any information (including personal information) to the Service unless you have all consents, permissions and licenses necessary to do so and to authorize Fluid Services’s collection, use, disclosure and retention of that information in accordance with this Agreement; and (b) your use of the Service will not subject Fluid Services to any liability or cause Fluid Services to violate any law, rule, or regulation or guideline.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 13: (I) THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; AND (II) FLUID SERVICES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, GUARANTEES AND PROMISES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FLUID SERVICES DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FLUID SERVICES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FLUID SERVICES ENTITIES (AS DEFINED BELOW) OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE REGARDING ANY OF THE FLUID SERVICES ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA (INCLUDING BACKUPS), INCLUDING CUSTOMER DATA AND USER CONTENT. YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE AND THAT WE WILL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CUSTOMER DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK. PROMOTIONAL GOODS (IF ANY) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Fluid Services does not disclaim any warranty or other right that Fluid Services is prohibited from disclaiming under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FLUID SERVICES ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE OR ARISING OUT OF OR WITH RESPECT TO ANY PRODUCTS OR SERVICES (INCLUDING PROFESSIONAL SERVICES) PROVIDED BY FLUID SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FLUID SERVICES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FLUID SERVICES ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FLUID SERVICES FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; AND (B) $100.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE AN INDIVIDUAL USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTIES; DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Fluid Services, and you will defend, indemnify and hold harmless Fluid Services and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Fluid Services Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Fluid Services; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, in connection with your use of the Fluid Services or any data, materials or information you provide to the Service; or (d) any dispute or issue between you and any third party, including but not limited to any expenses for chargebacks, fines or fees for which Fluid Services becomes liable for as a result of your usage of merchant payment apps and arising other than in connection with any act or failure to act on the part of Fluid Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You will not settle or compromise any such claim without our prior written consent.

Force Majeure

A party shall neither be held liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for failure or delay in fulfilling or performing any obligation hereunder (other than an obligation for the payment of money) to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of such party including, but not limited to, fire, floods, embargoes, pandemics or epidemics, war, acts of war, riots, strikes, acts of God, or omissions or delays in acting by any governmental authority.

Assignability

You may not assign this Agreement or any right, duty, or obligation under this Agreement, without Fluid Services’ prior written consent, including, for the avoidance of doubt, to any acquirer of your business. If consent is given, this Agreement will bind your successors and assigns. Any attempt by you to transfer any right, duty, or obligation under this Agreement except as expressly provided in this Agreement is void. Fluid Services may assign this Agreement or any right, duty, or obligation under this Agreement at any time without your consent.

In the event that Customer acquires other businesses or entities after the date of this Agreement, the employees and contractors of such businesses or entities may constitute Authorized Users under this Agreement only if such businesses are not Fluid Services customers at the time of acquisition ("Non-Fluid Services Acquisitions"). In the event that Customer acquires other businesses or entities after the date of this Agreement that at the time of acquisition are Fluid Services Customers (“Fluid Services Acquisitions”), all agreements between Fluid Services and the Fluid Services Acquisitions (“Acquired Entity Agreements”) shall continue in full force and effect in accordance with their terms. Nothing in this Section 17 shall be construed to allow the terms of any Acquired Entity Agreement to be assigned to or applicable to Customer, its affiliates or any other business or entity. Customers will provide prompt written notice to Fluid Services in the event of any Non-Fluid Services Acquisition or Fluid Services Acquisition.

Subcontractors

Fluid Services may utilize one or more subcontractors or other third parties to perform its duties under this Agreement so long as Fluid Services remains responsible for all of its obligations under this Agreement.

Notices

Except as otherwise expressly set forth in this Agreement, any notice required or permitted to be given in accordance with this Agreement will be effective if it is in writing and sent by postal mail or insured courier (in each case with delivery confirmation), to the appropriate party at the address set forth below for Fluid Services, and at the address set forth in your account for you, and with the appropriate postage affixed. Alternatively, Fluid Services may transmit notices to you via email to the email address specified in your account. Either party may change its address for receipt of notice by notice to the other party in accordance with this Section. Notices are deemed given upon delivery to the designated address.

Fluid Services
1949 Hubbard Rd
Madison, OH 44057

Governing Law

This Agreement is governed by the laws of the State of Ohio without regard to conflict of law principles. Subject to Section 20A or 20B, as applicable, you and Fluid Services hereby irrevocably and unconditionally submit and attorn to the personal and exclusive jurisdiction of the state courts and federal courts located within Lake County, Ohio for resolution of any lawsuit or court proceeding permitted under this Agreement. We operate the Service from our offices in Ohio and offer the Service in the United States and Canada. We make no representation that the Service is appropriate or available for use in other locations. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Waiver

No waiver by any party of any of the provisions of this Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any part of this Agreement is found by a court of competent jurisdiction to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect.

The Service collects information that you specifically and knowingly provide, and uses technological measures to collect information about your use of the Service. By using the Service, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Fluid Services as explained in this Privacy Policy(the “Privacy Policy”), as revised from time to time, and as otherwise permitted by applicable law.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, product documentation, published materials or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.

Consent to Electronic Communications

(a) By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy and this Section 26. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

(b) By entering into this Agreement, you agree on behalf of yourself and any of your employees and contractors to receive calls and text messages from Fluid Services and persons acting on our behalf at the telephone numbers you or they provided to us. You understand and agree that these calls and text messages may be made using an autodialer, artificial or prerecorded voice, or other automated technology. These communications may include operational communications concerning your account, communications regarding the Service and marketing communications. Standard text messaging rates will apply. This agreement to receive promotional calls and texts is not a condition of any purchase or of use of the Service.

(c) We and our affiliates and third party service providers may also communicate with you by email and push notifications in our Mobile Apps.

(d) IF YOU WISH TO OPT OUT OF COMMERCIAL EMAILS FROM FLUID SERVICES, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL TEXTS, REPLY “STOP” TO A PROMOTIONAL TEXT OR SEND AN EMAIL TO SUPPORT@FLUID.SERVICES WITH THE PHONE NUMBER AND YOUR REQUEST. TO OPT OUT OF PROMOTIONAL CALLS, PLEASE MAKE A DO NOT CALL REQUEST DURING ANY CALL YOU RECEIVE.

Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

International Use; Export Control; Anti-Corruption

The Service is intended for use within the United States and Canada. We make no representation that the Service is appropriate or available for use outside of the United States and Canada. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software (including the Mobile Apps) may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software (including the Mobile Apps) is at your sole risk. You certify that you are not on any of the relevant U.S. or Canadian government lists of prohibited persons, including the Treasury Department’s List of Specially Designated Nationals and the Commerce Department’s List of Denied Persons or Entity List. You further certify that you will not export, re-export, ship, transfer or otherwise use the Fluid Services in any country subject to an embargo or other sanction by the United States, including Iran, Syria, Cuba, Sudan, Russia, the Crimea region of Ukraine, and North Korea and that you will not use the Fluid Services for any purpose prohibited by applicable export laws, including, but not limited to, nuclear, chemical, missile or biological weapons related end uses. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you learn of any violation of the above restriction, you will use reasonable efforts to promptly notify us at support@fluid.services.

Third-Party Services and Websites

(a)Third-Party Services. The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. We have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Fluid Services, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

(b) Google Maps. Google Maps presented to you through the Service are powered by Google. Your use of Google Maps is subject to the Google Maps Terms of Service, available online at https://www.google.com/intl/en-US_US/help/terms_maps.html, and https://www.google.com/intl/ALL/policies/privacy/index.html, and by using the Service, you are agreeing to be bound by such terms.

(c) Additional Third-Party Services. Certain additional terms that apply to your use of Third-Party Services within certain features or functionality of the Service are attached to this Agreement. If you access or use those features or functionality, you hereby agree to those additional terms.

Third-Party Distribution Channels

(a) Distribution Channels. This Section 29 only applies to the extent you are using our Mobile App on a mobile device. Fluid Services makes available our Mobile App through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain our Mobile App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

(b) Apple-Enabled Software. With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product, in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply. You acknowledge that this Agreement is between you and Fluid Services only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Mobile App or the content thereof. You may not use the Mobile App in any manner that is in violation of or inconsistent with the “Usage Rules” set forth for the Mobile App in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions. Your license to use the Mobile App is limited to a non-transferable license to use the Mobile App on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs. Apple has no obligation to furnish any maintenance and support services with respect to the Mobile App. Apple is not responsible for any product warranties, whether express or implied by law. If the Mobile App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Mobile App, if any, to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Mobile App, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Fluid Services’ sole responsibility, to the extent it cannot be disclaimed under applicable law. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Mobile App and/or your possession and use of the Mobile App infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Mobile App. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the Mobile App, e.g., your wireless data service agreement.

(c) Google-Sourced Software. The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Fluid Services only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained Fluid Services’ Google-Sourced Software; (iv) Fluid Services, and not Google, is solely responsible for the Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Fluid Services’ Google-Sourced Software.

Entire Agreement

This Agreement, along with any Additional Terms, and any agreements or order forms that reference this Agreement, are the final and complete expression of the agreement between these parties regarding your use of the Service. This Agreement supersedes, and the terms of this Agreement govern, all previous oral and written communications regarding these matters, all of which are merged into this Agreement. No employee, agent, or other representative of Fluid Services has any authority to bind Fluid Services with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Agreement. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of this Agreement. Fluid Services will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to this Agreement (whether or not it would materially alter this Agreement) that is proffered by Customer in any receipt, acceptance, purchase order, confirmation, correspondence, or otherwise, unless Fluid Services specifically agrees to such provision in writing and signed by an authorized agent of Fluid Services.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including any Mobile Apps) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service.

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