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Terms and Conditions

Last Updated: February 8, 2024

PREAMBLE

Fluvi, Fluvi App Ltd, https://fluvi.com/ (“we,” “us,” or “our”) welcomes you.

These Terms and Conditions apply to the website of FLUVI APP LTD, a company incorporated under the laws of the Republic of Cyprus with company registration number ΗΕ 439563. We offer you access to our product and services through our “Website” and “Mobile Application” subject to the following Terms and Conditions, which may be updated by us from time to time with or without notice to you. By accessing and using this Website/Mobile Application, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions (the “Agreement”). In case you do not agree with any of these Terms and Conditions, then please do not use the Website.

DEFINITIONS

“Agreement” means these Terms and Conditions;

“Service” or “Services” is a reference to any service defined below, which we may supply and via our Website or Mobile Application;

“User”, “You” and “your” mean the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;

“We”, “us”, “our” and “Company” means Fluvi App Ltd;

“Website” means https://fluvi.com/ and the mobile-application and any successor Website of the Company or any of its affiliates;

“Account” means an electronic account opened for the customer;

INTERPRETATION

  • Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.

  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

  • By using the Website in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. In case you do not accept the terms, then please do not use the Website. If you entering into this Agreement on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Agreement, and (c) neither you nor the entity is barred from using the Services or accepting the Terms and Conditions under the laws of the applicable jurisdiction.

  • This Agreement governs your use of the Website and the Services. Except as otherwise specified, these Terms and Conditions do not apply to Third-Party Products or services which are governed by their own terms of service.

SERVICES

  • Fluvi is a business analytics software that connects all your marketplaces, websites and ad sources into one unique platform and app.

  • We are a technology service provider, and we provide a sales monitoring facility/software for the online e-commerce service.

MODIFICATIONS TO THE SERVICE

  • We reserve the right, in our discretion, to change, modify, add to, or otherwise amend this Agreement at any time. We may notify you of such changes/modifications/additions/amendments by sending an email to the address identified in your Account or by posting a revised version of the Terms and Conditions on the Website.

REGISTRATION

  • For accessing the Website and using our Services you may be required to provide specific information and to create a user ID and password to establish an Account.

  • You accept that the details you provide in relation with establishing any Account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your usernames, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your Account. You agree to notify us immediately about any unauthorized activity regarding your Account or other breaches of security. We may at our discretion suspend or terminate any of your usernames and passwords at any time with or without notice.

  • You accept that we have the discretion to use a live screen recorder, through https://www.hotjar.com/ or other similar tools, to monitor your movement on the Website for the purpose of analyzing interaction with the Website and improving our Services. Such recording is subject to confidentiality principles pursuant to the terms of this Agreement and the Privacy Policy.

REPRESENTATIONS AND UNDERTAKINGS

  • You understand, acknowledge, and agree that your access or use of the Website constitutes consent to Company’s Privacy Policy.

  • You shall use our Services in complete compliance with the terms of this Agreement, as amended from time to time.

  • The Company shall not be responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Application. The Company shall not be responsible for any access and service fees necessary to connect to the Application and assume all charges incurred in accessing such systems.

  • You will not transmit to or in any way, whether directly or indirectly, expose the Company or any of the Company’s online service providers to any computer virus or other similarly harmful or inappropriate material or device.

  • You shall not use any electronic communication feature of a service on the Website for any purpose that is unlawful, tortuous, abusive and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.

SUBSCRIPTION FEE AND PAYMENT

  • You will pay the Fees applicable to your subscription to the Website as per the applicable Fee Schedule (“Subscription Fees”). The Subscription Fees may be revised by us at any time, without your consent and you shall be notified of such revision by email to the address identified in your Account or by posting a revised version of the Subscription Fees on the Website.

  • You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. We will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and we will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in EURO, and all payments will be in USD currency.

  • Subscription Fees are paid in advance and will be billed in 30-day intervals.

  • If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 5 days of our initial attempt, we may suspend and revoke your access to the Services.

  • All Fees are exclusive of applicable taxes, fees or charges, such VAT, now in force or enacted in the future (“Taxes”).

  • You are responsible for all applicable Taxes that arise from or as a result of your subscription to our Services. To the extent that we charge these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for the Services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to us of your exemption.

  • For the avoidance of doubt, all sums payable by you to us under this Agreement will be paid free and clear of any deductions or withholdings whatsoever.

  • We do not provide any refunds of Fees, or any part thereof.

  • In addition to the Subscription Fees, we are using a credit system, where you can purchase a certain amount of credits by paying the corresponding amount in USD and these credits can then be used for using certain services of the Website, each service will deduct your credits accordingly. You will be informed in advance as to the amount of credits that each service costs.

GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, or validity of the information listed by us. We make material changes to this Agreement from time to time, we may notify you either by prominently posting a notice of such changes or via email communication. The use of the Website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-resalable use, subject to all the terms and conditions of this Agreement as they are applicable to the Services.

  • You must adhere, at all times, to the Terms and Conditions set out by this Agreement, as amended from time to time.

  • We have the right, at all times and on our discretion to suspend and/or terminate your Account without prior notice.

NO WARRANTY

  • The Website is provided “as is” and “as available” and we make no warranty or representation, whether express or implied (whether by law, statute or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the application, or non-infringement of applicable laws and regulations. the entire risk as to the use, quality and performance of the Website lies with you.

  • We make no warranty that the Website will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the application is free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.

  • In the event of system or communication errors, bugs or viruses relating to the Website or resulting in loss of data by you or any other damage to your device, we shall not be liable to you and we reserve the right to take any other action to correct such errors (if any) save that we are not required to provide any back up network and/or systems or similar services.

  • We shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the Website.

  • Your reliance on, or use of, any site content or interaction with any third party featured on the Website, is at your sole risk. if you have a dispute with any third party as a result of, or arising from your use of the Website, you agree that we are not and shall not be liable for any claims or damages arising out of or connected with such dispute.

RESTRICTION OF THE USE OF SERVICES

  • We reserve the right, at our discretion, to restrict the use of the Services to any person, geographic region or jurisdiction. We further reserve the right to suspend any Service at any time.

USER RESPONSIBILITIES

  • You shall use the Website for solely lawful purposes and shall comply with all the applicable laws and regulations while using the Website;

  • You shall not impersonate any person or misrepresent your authorization to us;

  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;

  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;

  • We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any Service, or any part thereof, without notice.

LIMITATION OF LIABILITY

  • You expressly understand and agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Services (however arising, including negligence).

  • You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of (a) your breach of this Agreement or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party.

  • You will be responsible for any breach of the Agreement by your affiliates, agents or subcontractors and will be liable as if it were your own breach.

  • Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  • We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

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

  • We are not responsible for any of your tax obligations or liabilities related to the use of the Services.

  • We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

CONFIDENTIALITY

  • “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

  • Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under this Agreement and in accordance with any other obligations in this Agreement. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of this Agreement; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of this Agreement.

INTELLECTUAL PROPERTY

  • We hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable right to use the Website and all content derived therefrom. The Application's code, structure and organization are protected by intellectual property rights. You must not:

    • copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;

    • sell, assign, sublicense, transfer, distribute or lease the Website;

    • make the Website available to any third party through a computer network or otherwise.

  • The terms of this Agreement will govern any upgrades provided by us that replace and/or supplement the original Website, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

  • The brand names relating to the Website and any other trademarks, service marks and trade names used by the Company or on its own behalf from time to time (the “Trademarks”) are the trademarks, service marks and trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trademarks.

  • In addition to the rights in the Trademarks, we own the rights in all other content, including but not limited to the images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Website (the “Content”) and the Content is protected by copyright or other intellectual property rights.

  • You hereby acknowledge that by using the Website you obtain no rights in the Trademarks, the Content, patents, trade secrets and/or any other intellectual property rights in the Website and those are and will remain solely our property and you may only use the same in complete compliance with this Agreement.

  • You acknowledge and agree that all right, title, and interest to, and all copyrights, patents, trade secrets and/or any other intellectual property rights in the Application are and will remain solely our property and that you are granted no title or ownership rights in the Website, in whole or in part. You acknowledge that Company considers the Website to contain trade secrets of the Company. Such trade secrets include, without limitation, the source code version of the Website, the specific design, structure and logic of individual programs, their interactions with other portions of programs, both internal and external, and the programming techniques employed therein.

MISCELLANEOUS

  • Notices:

By you: All communication must be made through [email protected]

By us: All communication will be made either by email to the address registered in your Account or by posting the relevant notice in the Website.

  • No Assignment: You cannot assign your rights under this Agreement.

  • Severability: The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision (or part thereof) of this Agreement shall in no way affect the validity or enforceability of any other provision (or remaining part thereof).

  • Waiver: No delay or failure by us in exercising any right and no partial or single exercise of any right shall be deemed to constitute a waiver of that right or any other rights under this Agreement.

  • Amendment: This Agreement may be amended by us at any given time without prior notice.

  • Entire Agreement: This Agreement contains the entire agreement and understandings by and between the Parties with respect to the covenants herein described, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.

CONTACT INFORMATION

If you have any questions about this Agreement and/or the Services, please contact us at [email protected].