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End User License Agreement for Fluxscape

Effective Date: May 01, 2025
 Company: Fluxscape, Inc. ("Fluxscape," "Company")
This End User License Agreement ("Agreement") governs Customer's use of Fluxscape's low-code web application builder and hosting services ("Platform"). By accessing or using the Platform, the entity or individual accessing the Platform ("Customer") agrees to be bound by these terms.

1. License Grant and Scope
1.1 License Grant. Subject to the terms and conditions of this Agreement and Customer's payment of applicable fees, Fluxscape hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform during the applicable subscription term solely for Customer's internal business purposes and in accordance with the Documentation.
1.2 Authorized Users. Customer may permit its employees, contractors, consultants, and affiliates to access and use the Platform ("Authorized Users"), provided that: (a) the number of Authorized Users does not exceed Customer's licensed seat count as specified in the applicable order form, (b) each Authorized User complies with the terms of this Agreement, (c) Customer remains fully responsible and liable for all Authorized Users' acts and omissions, and (d) Customer ensures that all Authorized Users are bound by confidentiality obligations no less restrictive than those contained herein.
1.3 Hybrid Architecture and Components. The Platform consists of: (a) locally installed editor software provided to Customer for installation on Customer's systems, and (b) optional cloud-based hosting services and infrastructure provided by Fluxscape. Both components are subject to this Agreement when utilized by Customer. Customer acknowledges that the Platform operates as an integrated system, with the editor software being required for application development regardless of hosting choice.
1.3.1 Hosting Options. Customer may elect to: (a) utilize Fluxscape's cloud-based hosting services for Customer Applications, or (b) deploy and host Customer Applications on Customer's own infrastructure or third-party hosting services ("Self-Hosting"). Customer's choice of hosting option does not affect Customer's obligations under this Agreement with respect to the editor software.
1.3.2 Self-Hosting Disclaimer. If Customer elects Self-Hosting, Customer acknowledges and agrees that: (a) Fluxscape has no responsibility or liability for Customer's hosting infrastructure, configuration, security, performance, or availability, (b) Customer is solely responsible for all aspects of Self-Hosting including but not limited to server management, security, backup, disaster recovery, and compliance with applicable laws, (c) Fluxscape's support obligations are limited to the editor software and do not extend to any Self-Hosting environment or related issues, and (d) any problems, failures, or security incidents related to Self-Hosting shall not be attributed to or create liability for Fluxscape.
1.3.3 Platform Integration. Regardless of hosting choice, Customer Applications maintain technical dependencies on Fluxscape's editor technology for modification and updates, and Customer agrees that such technical architecture shall remain as designed by Fluxscape.
1.4 Customer Applications and Code Dependencies. Customer retains ownership of applications, workflows, and content created using the Platform ("Customer Applications"). However, Customer acknowledges and agrees that: (a) exported application code maintains technical dependencies on Fluxscape's editor technology, (b) modification of Customer Applications requires use of Fluxscape's editor software, and (c) while an open-source version of the editor is available, the relationship between Customer Applications and the editor technology shall remain as designed by Fluxscape.
1.5 License Metrics and Usage Limitations. Customer's use of the Platform shall be limited to the specific license metrics set forth in the applicable order form, including but not limited to: (a) number of Authorized Users, (b) number of applications or projects, (c) hosting resources and bandwidth allocations (if utilizing Fluxscape hosting), and (d) any other usage parameters specified by Fluxscape. Customer acknowledges that exceeding such limitations may result in additional charges or service suspension.
1.6 License Restrictions. The license granted herein is conditional upon Customer's continued compliance with this Agreement. Any breach of this Agreement automatically suspends the license until such breach is cured or this Agreement is terminated.

2. Distributor Sales
2.1 Third-Party Sales. The Platform may be purchased through authorized distributors operating under their own Master Services Agreements with Customer.
2.2 Precedence. This EULA governs Customer's use of the Platform regardless of any distributor agreement terms. In case of conflict between this EULA and any distributor agreement, this EULA shall prevail with respect to Platform usage rights and restrictions.
2.3 Support and Billing. For distributor sales, Customer shall direct all support requests and billing inquiries to the applicable distributor. Fluxscape shall have no responsibility for distributor commitments, representations, or obligations beyond what is expressly stated in this EULA.

3. Customer Data and Content
3.1 Customer Ownership. Customer retains all ownership rights in data, content, information, and applications that Customer creates, uploads, or inputs into the Platform ("Customer Content").
3.2 License to Process. Customer hereby grants Fluxscape a non-exclusive, worldwide, royalty-free license to access, use, process, store, transmit, distribute, perform, display, and backup Customer Content solely as necessary to: (a) provide the Platform services, (b) maintain and improve Platform functionality, (c) ensure compliance with this Agreement, and (d) fulfill Fluxscape's obligations hereunder.
3.3 Data Location and Processing. For Customer Content utilizing Fluxscape's hosting services, Customer acknowledges that Customer Content may be processed, stored, and transmitted in the United States or other jurisdictions where Fluxscape or its service providers maintain facilities. For Self-Hosted Customer Applications, data location and processing are solely under Customer's control and responsibility.
3.4 Usage Analytics and Aggregated Data. Fluxscape may collect, analyze, and utilize anonymized usage data, performance metrics, and statistical information derived from Customer's use of the Platform ("Analytics Data") for purposes of improving the Platform, conducting research, creating industry insights, and developing new products and services. Fluxscape shall not sell Analytics Data or use it for advertising purposes targeting Customer.
3.5 Customer Data Responsibilities. Customer shall be solely responsible for: (a) the legality, accuracy, quality, and appropriateness of all Customer Content, (b) obtaining all necessary rights, permissions, and consents for Customer Content, (c) compliance with all applicable data protection, privacy, and security laws, and (d) implementing appropriate backup and disaster recovery procedures for Customer Content.

4. Restrictions and Prohibited Uses
4.1 General Restrictions. Customer shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, algorithms, or methods of the Platform; (b) modify, adapt, alter, translate, or create derivative works of the Platform; (c) remove, alter, or obscure any proprietary notices, labels, or marks on or in the Platform; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any third party; (e) use the Platform on behalf of third parties or in a service bureau capacity; (f) access the Platform for purposes of monitoring availability, performance, or functionality, or for any other benchmarking or competitive purposes.
4.2 Competitive Use Prohibition. Customer shall not use the Platform, directly or indirectly, to: (a) develop, market, or distribute any product or service that competes with the Platform or any Fluxscape products or services, (b) create a competing low-code development platform, application builder, or similar service, (c) reverse engineer Fluxscape's methodologies, processes, or trade secrets, or (d) assist any third party in any of the foregoing activities.
4.3 Prohibited Content and Activities. Customer shall not upload, transmit, distribute, store, or otherwise make available through the Platform any content or engage in any activity that: (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially or ethnically offensive; (b) infringes or violates any intellectual property, privacy, publicity, or other proprietary rights; (c) contains software viruses, worms, Trojan horses, or other harmful computer code; (d) violates any applicable local, state, national, or international law or regulation; (e) constitutes unauthorized access to any third-party system or network.
4.4 Security and Access Obligations. Customer shall: (a) maintain the security and confidentiality of all login credentials and access information, (b) promptly notify Fluxscape of any unauthorized use of Customer's account or any security breach, (c) use reasonable security measures to prevent unauthorized access to the Platform, (d) comply with all Fluxscape security policies and procedures, and (e) not attempt to circumvent or disable any security features of the Platform.
4.5 Usage Monitoring and Compliance. Customer acknowledges that Fluxscape may monitor Customer's use of the Platform to ensure compliance with this Agreement and applicable usage limitations. Customer shall provide reasonable cooperation with any compliance verification activities conducted by Fluxscape.
4.6 Third-Party Components. Customer acknowledges that the Platform may incorporate third-party software components, each subject to their own license terms. Customer agrees to comply with all applicable third-party license requirements and acknowledges that violations thereof may result in termination of this Agreement.
4.7 Audit Rights. Upon reasonable advance written notice and no more than once per twelve (12) month period, Fluxscape may audit Customer's use of the Platform to verify compliance with the license terms and usage limitations set forth herein. Such audits may be conducted through automated monitoring tools or, if necessary, through review of Customer's usage reports. Any on-site audit shall be conducted during Customer's normal business hours and in a manner that minimizes disruption to Customer's operations.

5. Privacy and Security
5.1 Privacy Policy. Fluxscape's collection, use, and processing of personal information is governed by Fluxscape's Privacy Policy located at https://fluxscape.io/privacy-policy, which is incorporated herein by reference.
5.2 Security Measures. Fluxscape shall implement and maintain reasonable technical, administrative, and physical safeguards designed to protect Customer Content against unauthorized access, use, modification, or disclosure. However, Customer acknowledges that no security measures are absolute and Fluxscape cannot guarantee complete security.
5.3 International Data Transfers and GDPR Compliance. Fluxscape commits to complying with applicable data protection laws, including GDPR and CCPA where applicable. For Customer Content containing personal data of EU/UK data subjects, Fluxscape shall act as a data processor and shall enter into Standard Contractual Clauses or other appropriate transfer mechanisms as required by applicable data protection laws.
5.4 Regulated Data Disclaimer. The Platform is not designed, intended, or certified for use with highly regulated data types, including but not limited to protected health information under HIPAA, payment card data under PCI DSS, or other data subject to specific regulatory requirements. Customer is solely responsible for determining whether the Platform meets Customer's specific compliance and regulatory requirements.
5.5 Service Levels and Support. Fluxscape will use commercially reasonable efforts to maintain Platform availability. Current support practices and response time objectives are available at https://github.com/fluxscape/fluxscape/issues and may be updated from time to time. For Self-Hosted deployments, support is limited to the editor software and does not extend to Customer's hosting infrastructure. Any formal Service Level Agreements shall be set forth in separate agreements and are not part of this EULA.

6. Marketplace
6.1 Marketplace Overview. Fluxscape may provide access to an online marketplace ("Marketplace") that allows Authorized Users to browse, purchase, download, and use third-party and Fluxscape-developed content including plugins, templates, integrations, and other digital assets ("Marketplace Content"). The Marketplace is part of the Platform and subject to this Agreement.
6.2 Marketplace Content License. When Customer purchases or downloads Marketplace Content, Customer receives a limited, non-exclusive, non-transferable license to use such Marketplace Content solely in connection with Customer's authorized use of the Platform and subject to any additional terms specified by the content provider. Customer may not redistribute, resell, or sublicense Marketplace Content unless expressly permitted by the content provider.
6.3 Third-Party Content. Marketplace Content developed by third parties is provided by independent developers and content providers. Fluxscape does not endorse, warrant, or assume responsibility for third-party Marketplace Content. Customer's use of third-party Marketplace Content is governed by the applicable third-party license terms, and Customer agrees to comply with such terms. Customer acknowledges that third-party content providers are solely responsible for their Marketplace Content, including support, updates, and any defects or issues.
6.4 Fluxscape Marketplace Content. Marketplace Content developed by Fluxscape is subject to the same license terms as the Platform unless otherwise specified. Fluxscape may offer certain Marketplace Content at no additional charge or for separate fees as specified in the Marketplace.
6.5 Marketplace Content Disclaimers. FLUXSCAPE MAKES NO WARRANTIES REGARDING MARKETPLACE CONTENT, INCLUDING THIRD-PARTY CONTENT. ALL MARKETPLACE CONTENT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. FLUXSCAPE DISCLAIMS ALL LIABILITY FOR DAMAGES ARISING FROM CUSTOMER'S USE OF MARKETPLACE CONTENT, INCLUDING THIRD-PARTY CONTENT.
6.6 Content Removal and Updates. Fluxscape reserves the right to remove any Marketplace Content from the Marketplace at any time without notice. Third-party content providers may update, modify, or discontinue their Marketplace Content at any time. Fluxscape is not responsible for ensuring continued availability of any Marketplace Content.
6.7 Payment and Refunds. Payment for paid Marketplace Content shall be processed through Fluxscape's designated payment systems. Refunds for Marketplace Content are subject to Fluxscape's refund policy as may be posted on the Marketplace or Platform. For third-party Marketplace Content, refund eligibility may be determined by the third-party content provider's refund policy.
6.8 Intellectual Property. Each Marketplace Content provider retains ownership of their respective intellectual property rights in their content. Customer acknowledges that downloading or using Marketplace Content does not transfer ownership rights to Customer, only the limited usage rights specified in the applicable license terms.
6.9 Content Standards and Removal. Fluxscape reserves the right to review, reject, or remove any Marketplace Content that violates this Agreement, applicable law, or Fluxscape's content standards. Fluxscape may suspend or terminate access to the Marketplace for violations of this section.

7. Intellectual Property
7.1 Platform Ownership. Fluxscape retains all right, title, and interest in and to the Platform, including all intellectual property rights therein. No rights are granted to Customer except as expressly set forth in this Agreement.
7.2 Customer Application Ownership. Subject to the technical dependencies described in Section 1.4, Customer owns and retains all intellectual property rights in Customer Applications created using the Platform.
7.3 Feedback License. Customer hereby grants Fluxscape a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate any feedback, suggestions, or recommendations that Customer provides regarding the Platform.

8. Warranties and Disclaimers
8.1 Mutual Warranties. Each party represents and warrants that: (a) it has the full corporate power and authority to enter into this Agreement, (b) the execution of this Agreement has been duly authorized by all necessary corporate action, (c) this Agreement has been duly executed and delivered and constitutes a legal, valid, and binding obligation, and (d) its execution and performance of this Agreement will not violate any applicable law or regulation.
8.2 Customer Warranties. Customer represents and warrants that: (a) it has obtained all necessary rights, permissions, and consents to provide Customer Content to Fluxscape and to grant the licenses set forth herein, (b) Customer Content does not and will not infringe, violate, or misappropriate any third-party rights, (c) Customer Content complies and will comply with all applicable laws and regulations, (d) Customer will use the Platform solely in accordance with this Agreement and applicable law, and (e) Customer is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions by the United States.
8.3 Platform Performance Warranty. Fluxscape warrants that the Platform will perform substantially in accordance with its Documentation under normal use conditions. Customer's exclusive remedy for breach of this warranty shall be Fluxscape's correction of any material non-conformity or, if Fluxscape cannot reasonably correct such non-conformity, termination of this Agreement and refund of prepaid fees for the non-conforming services.
8.4 Warranty Period and Limitations. The warranty set forth in Section 8.3 shall apply only to the Platform as provided by Fluxscape and shall not apply to: (a) issues caused by Customer's misuse, modification, or damage to the Platform, (b) use of the Platform in combination with third-party software, hardware, or services not approved by Fluxscape, (c) Customer's failure to implement updates or modifications recommended by Fluxscape, (d) issues arising from Customer's breach of this Agreement, or (e) any Self-Hosting environment or related infrastructure.
8.5 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE PLATFORM IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. FLUXSCAPE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, ACCURACY, COMPLETENESS, AND RELIABILITY. FLUXSCAPE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
8.6 Third-Party Services. FLUXSCAPE DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SERVICES OR COMPONENTS INTEGRATED WITH OR ACCESSIBLE THROUGH THE PLATFORM, INCLUDING ANY SELF-HOSTING INFRASTRUCTURE OR SERVICES. CUSTOMER'S USE OF SUCH THIRD-PARTY SERVICES IS GOVERNED BY THE APPLICABLE THIRD-PARTY TERMS AND CONDITIONS.

9. Limitation of Liability
9.1 Liability Cap. EXCEPT AS SET FORTH IN SECTION 9.3, FLUXSCAPE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO FLUXSCAPE (OR ITS AUTHORIZED DISTRIBUTOR) FOR THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.2 EXCLUDED DAMAGES. IN NO EVENT SHALL FLUXSCAPE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FLUXSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Exceptions to Limitations. The limitations set forth in Sections 9.1 and 9.2 shall not apply to: (a) Customer's breach of confidentiality obligations, (b) Customer's violation of Fluxscape's intellectual property rights, (c) Customer's violation of export control laws or sanctions, (d) damages arising from Customer's gross negligence or willful misconduct, or (e) Customer's indemnification obligations under Section 10.

10. Indemnification
10.1 Customer Indemnification Obligations. Customer shall defend, indemnify, and hold harmless Fluxscape and its affiliates, officers, directors, employees, agents, and representatives from and against any and all third-party claims, demands, lawsuits, proceedings, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) Customer's use of the Platform in violation of this Agreement or applicable law, (b) Customer Content, including any claim that Customer Content infringes, violates, or misappropriates any third-party intellectual property or other proprietary rights, (c) Customer's violation of any applicable law, regulation, or third-party right, (d) any claim that Customer's use of the Platform has caused harm to any third party, (e) any modification, alteration, or derivative work of the Platform made by or on behalf of Customer, (f) any breach of Customer's representations, warranties, or obligations under this Agreement, and (g) any Self-Hosting environment, infrastructure, or related services.
10.2 Fluxscape Indemnification Obligations. Fluxscape shall defend, indemnify, and hold harmless Customer from and against any third-party claim alleging that the Platform, when used by Customer in accordance with this Agreement, infringes any United States patent, copyright, or trademark. Fluxscape's obligations under this Section 10.2 are conditioned upon: (a) Customer providing prompt written notice of the claim to Fluxscape, (b) Customer granting Fluxscape sole control of the defense and settlement of the claim, and (c) Customer providing reasonable cooperation in the defense of the claim at Fluxscape's expense.
10.3 Exclusions from Fluxscape Indemnification. Fluxscape's indemnification obligations under Section 10.2 shall not apply to claims arising from: (a) modifications to the Platform made by or on behalf of Customer, (b) Customer's use of the Platform in combination with third-party products, services, or content not provided by Fluxscape, (c) Customer's continued use of the Platform after being notified of alleged infringement, (d) Customer Content or Customer's breach of this Agreement, (e) Customer's use of other than the most current version of the Platform made available by Fluxscape, or (f) any Self-Hosting environment or infrastructure.
10.4 Remedies for Infringement. If the Platform becomes, or in Fluxscape's opinion is likely to become, the subject of an infringement claim, Fluxscape may, at its option and expense: (a) procure for Customer the right to continue using the Platform, (b) replace or modify the Platform to make it non-infringing while providing substantially equivalent functionality, or (c) if neither of the foregoing is commercially reasonable, terminate this Agreement and refund to Customer any prepaid fees for the terminated portion of the subscription term.
10.5 Indemnification Procedures. The party seeking indemnification ("Indemnified Party") shall: (a) promptly notify the indemnifying party ("Indemnifying Party") in writing of any claim for which indemnification is sought, (b) grant the Indemnifying Party sole control over the defense and settlement of the claim, provided that the Indemnifying Party may not settle any claim that imposes obligations on the Indemnified Party without the Indemnified Party's prior written consent, and (c) provide reasonable cooperation in the defense of the claim at the Indemnifying Party's expense.
10.6 Exclusive Remedy. THE INDEMNIFICATION PROVISIONS SET FORTH IN THIS SECTION 10 CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF EACH PARTY FOR THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS AND RELATED DAMAGES.

11. Term and Termination
11.1 Term. This Agreement shall commence on the Effective Date and continue during Customer's Platform subscription term as specified in the applicable order form, unless earlier terminated in accordance with this Agreement.
11.2 Termination for Breach. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof.
11.3 Termination for Insolvency. Either party may terminate this Agreement immediately upon written notice if the other party: (a) makes an assignment for the benefit of creditors, (b) files a voluntary petition in bankruptcy, (c) is adjudged bankrupt or insolvent, (d) files any petition or answer seeking reorganization or similar relief under applicable law, or (e) has a receiver or trustee appointed for its business or assets.
11.4 Effect of Termination. Upon termination or expiration of this Agreement: (a) all rights and licenses granted to Customer shall immediately cease, (b) Customer shall immediately discontinue all use of the Platform and return or destroy all copies of Platform software and Documentation, (c) each party shall return or destroy all Confidential Information of the other party, and (d) Fluxscape may, in its sole discretion, retain Customer Content for up to sixty (60) days to allow Customer to retrieve such content, after which Fluxscape may permanently delete Customer Content unless legally required to retain it.
11.5 Survival. The following sections shall survive termination or expiration of this Agreement: Sections 3.5 (Customer Data Responsibilities), 4 (Restrictions), 7 (Intellectual Property), 8.5-8.6 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11.4-11.5 (Effect of Termination and Survival), 12 (Export Control), and 13 (General Terms).

12. Export Control and Compliance
12.1 Export Control Representations. Customer represents and warrants that Customer and Customer's Authorized Users: (a) are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic sanctions administered by the United States, (b) are not identified on any list of prohibited or restricted parties maintained by the United States government, including the Specially Designated Nationals List and the Entity List, and (c) will not use the Platform in any manner that violates applicable export control laws and regulations.
12.2 Compliance Obligations. Customer shall comply with all applicable export control laws, regulations, and sanctions, including those administered by the U.S. Department of Commerce, the U.S. Department of State, and the U.S. Department of Treasury. Customer shall not export, re-export, transfer, or make available the Platform or any related technical data to any prohibited country, entity, or individual.
12.3 Notification and Cooperation. Customer shall promptly notify Fluxscape in writing if Customer's export control status changes or if Customer becomes aware of any actual or potential violation of export control laws. Customer shall cooperate with Fluxscape in any export control compliance activities.

13. General Terms
13.1 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in Delaware, and the parties hereby consent to personal jurisdiction and venue therein.
13.2 Modifications. Fluxscape may modify this Agreement by posting an updated version at https://fluxscape.io/eula and providing notice to Customer. Such modifications shall become effective thirty (30) days after posting unless Customer terminates this Agreement before the effective date. Customer's continued use of the Platform after the effective date constitutes acceptance of the modified Agreement.
13.3 Entire Agreement. This Agreement, together with any applicable order form and Master Services Agreement between Customer and an authorized distributor, constitutes the complete and exclusive statement of the agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions.
13.4 Assignment. Customer may not assign, transfer, or delegate any of its rights or obligations under this Agreement without Fluxscape's prior written consent. Fluxscape may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
13.5 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
13.6 Force Majeure. Neither party shall be liable for any delay or failure in performance under this Agreement due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
13.7 Notices. All notices under this Agreement shall be in writing and delivered to the addresses specified in the applicable order form or such other address as a party may designate in writing.

Contact Information:
 For legal inquiries regarding this EULA: [legal@fluxscape.com]
Fluxscape, Inc.
2093 PHILADELPHIA PIKE 2926
CLAYMON, DE 19703

This EULA is effective as of May 01, 2025 and supersedes all prior versions.

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