Service Agreement

Effective: April 17, 2026

Plain-English disclaimer: this document was drafted by founders, not lawyers. It is designed for SMB deals under $50,000/year. For larger engagements or regulated industries (healthcare, finance, regulated professions), please request a reviewed contract or seek your own legal review before signing.

This Service Agreement (“Agreement”) is between FluxSoft Technologies, LLC, a Delaware limited liability company (“FluxSoft”, “we”, “us”), and the customer who completes payment for a FluxChat subscription (“Client”, “you”). By submitting your onboarding form and continuing to use the service, you agree to the terms below.

1. Services

FluxSoft provides FluxChat, a hosted AI chatbot platform trained on content the Client supplies, delivered via a website widget and optionally other channels. Features and limits depend on the plan tier you purchased (Essential, Concierge, Full Agent, or Enterprise). Specific scope per tier is described on fluxsoftlabs.com/chatbots.

2. Term and Cancellation

  • This Agreement begins on the date of your first successful Stripe payment.
  • Subscription is month-to-month unless otherwise agreed in writing.
  • You may cancel at any time with 30 days written notice to [email protected]. Your bot continues to operate through the notice period; no prorated refunds are issued for partial months.
  • FluxSoft may terminate for non-payment after 7 days, for material breach with 14 days cure period, or immediately for abuse that endangers the platform or other customers.

3. Fees and Payment

  • Monthly subscription fees are billed in advance via Stripe on the anniversary of the original payment date.
  • A one-time setup fee, if listed for your tier, is charged at signup and is non-refundable once onboarding work begins.
  • Prices are in US dollars and exclusive of applicable taxes.
  • Failed payments trigger a 3-day grace period, after which the bot is paused until payment is made.

4. Client Content and Accuracy

You own and are responsible for the content you give us. This includes your FAQs, pricing, policies, service descriptions, hours, contact info, and anything you upload, paste, or allow us to crawl. Our platform grounds the chatbot’s answers in that content.

You warrant that all content you provide is accurate, current, non-misleading, and lawful, and that you have the right to make it available to us. You are responsible for keeping it up to date; we provide a dashboard for you to do this.

FluxSoft does not independently verify the truth of your content. We build the delivery layer; you are the source of truth.

5. Content Review Before Go-Live

Before your bot goes live, we will email you a preview of sample answers generated from your content. You must explicitly approve this preview (or request changes) before we flip the bot to live status. This step is mandatory for all tiers and protects both parties.

6. Acceptable Use

You agree not to use FluxChat to:

  • Violate any law, regulation, or third-party rights.
  • Collect or process data in ways prohibited by GDPR, CCPA, or any applicable privacy law without proper notice and consent from end users.
  • Operate in high-risk regulated contexts (medical diagnosis, prescriptions, legal advice, investment advice, emergency response) without explicit written approval from FluxSoft and appropriate industry guardrails enabled.
  • Attempt to extract, reverse-engineer, or redistribute FluxSoft system prompts or infrastructure.
  • Spam, harass, or run adversarial testing at a scale that affects platform stability.

7. Warranties and Disclaimer

Each party warrants that it has authority to enter this Agreement.

The platform is provided “as is” and “as available”. FluxSoft does not warrant that the service will be error-free or uninterrupted. We do commit to:

  • Enterprise tier: 99.5% monthly uptime target, measured at the widget endpoint.
  • Other tiers: reasonable commercial effort to maintain availability; credit may be issued at our discretion for sustained outages.

Except for the express warranties above, FluxSoft disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law:

  • FluxSoft’s total aggregate liability under this Agreement is capped at the fees paid by Client in the 3 months preceding the claim.
  • Neither party is liable for indirect, consequential, incidental, special, or punitive damages, lost profits, or lost data, even if advised of the possibility.
  • Client shall indemnify and hold FluxSoft harmless from claims arising from (a) Client’s content, (b) Client’s violation of law or third-party rights, or (c) disputes between Client and Client’s own customers regarding information delivered by the chatbot based on Client’s content.

9. Data Protection

Client owns all content and conversation data generated by or for the chatbot. FluxSoft acts as a data processor under applicable privacy law. A separate Data Processing Agreement governs personal data processing and is incorporated by reference.

Upon termination, Client may request a CSV export of conversation logs and indexed content. Export is provided within 14 days of written request. After 30 days post-termination, data is deleted from live systems; residual backups are rotated within 90 days.

10. Confidentiality

Each party agrees to keep the other’s non-public business information confidential, to use it only to perform this Agreement, and to protect it with at least the same care used for its own confidential information. Obligations survive termination for 3 years.

11. Modifications

FluxSoft may update this Agreement with 30 days’ advance notice by email. Continued use of the service after the effective date of the updated Agreement constitutes acceptance. If you object, you may cancel with no early-termination fee.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Any dispute not resolved by good-faith negotiation within 30 days shall be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Judgment may be entered on the award in any court of competent jurisdiction.

13. Miscellaneous

  • Entire agreement: this document and the DPA are the complete agreement between the parties regarding the services.
  • Assignment: Client may not assign this Agreement without our prior written consent; we may assign in connection with a merger or sale of all or substantially all assets.
  • Severability: if any provision is held unenforceable, the remainder remains in effect.
  • Notice: email to [email protected] (FluxSoft) or to the email on file (Client) is sufficient.

Contact

FluxSoft Technologies, LLC · Delaware, USA · [email protected]