Terms of Service

Last updated July 27, 2023


Welcome to Flux!
Before using the services offered by Offbeat Apps LLC (also "Flux", "we", "us"), please carefully read these Terms of Use ("Terms") and our Privacy Notice available at the link: https:/tryflux.ai/privacy/. These Terms serve as a legally binding contract between Flux and you, the User (also "you", "your"), governing your use of our website located at https://tryflux.ai (the "Site") and services accessible via the Site and the Flux mobile application ("App"). For ease of reading, the App and our services are collectively referred to as the "Services".

IMPORTANT NOTICE FOR U.S. CUSTOMERS REGARDING ARBITRATION: BY ACCEPTING THESE TERMS, YOU CONSENT TO RESOLVE ANY DISPUTE BETWEEN YOU AND FLUX THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REFER TO SECTION 14 "GOVERNING LAW AND DISPUTE RESOLUTION" FOR DETAILS PERTAINING TO ARBITRATION.

Your use of our Services, including downloading the App from the Apple App Store or other platform, and installing the application, constitutes your acceptance of these Terms and Flux's Privacy Notice. If you disagree with these Terms, refrain from accessing or using our Services.

1. Description of Services

The Flux Services includes an online synthetic media application for users to create their own unique entertainment content.

a. Find a Pattern. You may start by selecting a picture or video from your device's gallery to generate content.
b. Upload. Next, you may upload a picture or video from your device in the appropriate format and file size.
c. Swap. Once the first two steps are complete, you can select a style to apply to your picture or video, then click "Flux" or any other similar option. Flux's AI algorithms will scan the picture or video and instantly apply the chosen style to create a new stylized picture or video("Generated Content").
d. Share & Download. The Generated Content can be shared with others via social media, email, or other means provided by the Services, or downloaded directly to your device. Please note that if you decide to share the Generated Content, it will be publicly accessible.
e. Scope of the Services. Flux reserves the right to modify the Services' functionality and to introduce charges for the Services at its sole discretion and without prior notice.
f. Feedback. We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). If you decide to provide Feedback, you agree that we may use it freely without any restrictions or compensation to you.

2. Who Can Use the Service
To access or use our Services, you must be at least 13 years old (or the minimum age required in your territory to provide consent to data processing), and not prohibited from using the Services under applicable law.

3. Flux Content
a. Flux Intellectual Property. Flux's proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts, and other content ("Flux Content") are owned by Flux or its subsidiaries or affiliated companies, and are protected by copyright, patent, trade secret, and other intellectual property laws. Except as expressly stated in these Terms, Flux reserves all rights to our Services.
b. License. Flux grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly for personal non-commercial purposes, provided you comply with these Terms.
c. Use Restrictions. Unless expressly permitted in these Terms, you may not:
(a) sell or use commercially any part of our Services;
(b) copy, reproduce, distribute, publicly perform or display any part of our Services;
(c) modify or create derivative works based on our Services, including, without limitation, removing any proprietary rights notices;
(d) reverse engineer, decompile, disassemble or attempt to extract the source code of the Services (unless applicable law permits, despite this limitation);
(e) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or
(f) use our Services other than as expressly provided in these Terms.
d. Third-party content. The licenses granted to you by Flux do not extend to any third-party pictures or other content available on the Services. Any unauthorized use of our Services will lead to the termination of the license granted to you under these Terms.

4. User Content
a. Posting Content. Our Services allow you to store, share, or make available images ("User Content") apart from Feedback. Flux does not claim ownership rights in any User Content, and nothing in these Terms will restrict any rights that you may have to your User Content.
b. Permissions to Your User Content. By making any User Content available through the Services, you hereby grant Flux a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
c. Your Representations and Warranties. You confirm that you possess (and will possess during each use of the Service) all necessary rights to grant us the license rights in your User Content under these Terms. You further confirm that your User Content, your use and provision of your User Content through the Services, and any use of your User Content by Flux on or through the Services will not infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
d. Your Responsibility for User Content. You acknowledge that you are solely responsible for your User Content. The information and materials in the User Content, including User Content that includes Flux Content, have not been verified or approved by us. We bear no responsibility for any content submitted by users.
e. Sharing User Content. If you choose to share your User Content publicly through the Services or in any other manner, you acknowledge that it will be accessible to others. Such content will be considered non-confidential and non-proprietary. Please avoid posting any User Content that you do not want to be publicly accessible or viewable.

5. Prohibited Conduct and Content
Flux is an inclusive platform designed exclusively for entertainment purposes. We strictly prohibit any form of harassment, bullying, or stalking and strive to maintain a safe and supportive environment for our community. By accessing and/or using the Services, you agree to comply with the community rules and guidelines ("Community Guidelines") available at https://tryflux.ai/community/. We encourage our community to report any content that violates these guidelines via our App or by email (contact@tryflux.ai).

6. Monitoring of Content
Flux is not obligated to monitor the use of the Services or to review or edit any content. However, we reserve the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may, at any time and without notice, remove any material that we believe violates these Terms or is otherwise objectionable. If you notice any violations of these Terms, please use the in-app report form or contact us at contact@tryflux.ai. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

7. Charges and Transactions
a. Overview. Flux requires the payment of a fee for accessing certain features or functionalities of the Services, referred to as "Premium Features". A subscription ("Subscription") must be purchased for such use. When you make a Subscription purchase ("Transaction"), you expressly allow us (or our designated third-party payment processor) to charge you for such Transaction. We might request you to provide additional information relevant to your Transaction, such as your credit card number, its expiry date, and your email and postal addresses for billing and notification (collectively, "Billing Information"). You certify and affirm that you possess the legal right to employ all payment method(s) indicated by any such Billing Information. When you carry out a Transaction, you permit us to provide your Billing Information to third parties to process your payment for the Transaction you've chosen (along with any applicable taxes and other charges). You may be required to furnish additional information to validate your identity before completing your Transaction (such information is included within the definition of Billing Information). By initiating a Transaction, you consent to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable, except as explicitly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
b. Subscriptions. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FLUX TO INITIATE RECURRING, NON-REFUNDABLE PAYMENTS AS DETAILED BELOW. If you acquire a Subscription, we (or our third-party payment processor) will automatically charge you the Subscription fee displayed on the Services, plus any applicable taxes, and other charges (the "Subscription Fee") at the start of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Billing Information you have provided until you cancel your Subscription. If you purchase an annual Subscription or a lifetime Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term concludes, or otherwise in accordance with applicable law, Flux will send you a reminder with the then-current Subscription Fee. By accepting these Terms and choosing to purchase a Subscription, you acknowledge that your Subscription involves recurring payment obligations and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Flux. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. For the purposes of the lifetime Subscription, lifetime signifies ten (10) years or until the date when Flux ceases to commercially offer the Services, whichever period is shorter. We make no warranties regarding the expected duration of the lifetime Subscription and its associated Services. You acknowledge and agree that the Services under the lifetime Subscription may change or end in the future. You may not assign, transfer, or resell the lifetime Subscription to any other person in any way. We reserve the right to revise the terms of or make changes to the lifetime Subscription by updating these Terms accordingly, provided that we will not shorten the duration of the lifetime Subscription specified above.
c. Free Trial. Occasionally, we may offer new Users complimentary Subscription access to the Premium Features for a duration posted on the Services (a "Free Trial"). If you decide that you don't wish to become a paying user of the Services, you must cancel the relevant Subscription twenty-four (24) hours before your Free Trial concludes. If you don't cancel the relevant Subscription twenty-four (24) hours before your Free Trial concludes, Flux will automatically charge you for the relevant Subscription pursuant to Section 7b above.
d. Subscription Cancellation. If an unexpected incident occurs during a transaction, we reserve the right to cancel your Subscription for any reason; if we cancel your Subscription, we’ll refund any payment you have already remitted to us for such Subscription. Without limiting the preceding, you can cancel your Subscription at any point, but please note that such cancellation will be effective at the end of your then-current Subscription period and will then terminate without further charges. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to contact@tryflux.ai. You will be liable for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will persist until the end of your then-current Subscription period and will then cease without further charges.

8. Copyright Adherence
Flux upholds copyright laws and anticipates its users to do the same. If users repeatedly infringe or are suspected to infringe upon the rights of copyright holders, Flux's policy is to suspend the use of the Services under suitable circumstances.

9. Indemnity

You hereby agree to indemnify and hold harmless Flux, including its officers, directors, employees (regardless of their engagement form), agents, and associated entities, against any claims, disputes, losses, damages, costs, liabilities, and expenses, including reasonable legal and accounting fees. These might arise out of or in connection with (a) your access to or usage of the Services, (b) your User Content, or (c) your violation of these Terms.

10. Privacy

Flux respects your privacy and has implemented certain policies and procedures regarding the collection and use of your personal data. Please refer to our Privacy Notice at tryflux.ai/privacy to understand how we collect, use, and share your personal data when using our Services.

11. Disclaimer of Warranties
THE SERVICES ARE OFFERED “AS IS,” WITHOUT ANY KIND OF WARRANTY. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES THAT ARISE FROM COURSE OF DEALING OR TRADE USAGE.
We offer no warranty that the Services will meet your needs, be uninterrupted, secure, or free from errors. We provide no warranty concerning the quality, accuracy, promptness, truthfulness, completeness, or reliability of any content or information on the Services.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

12. Liability Limitation
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER FLUX NOR ITS SERVICE PROVIDERS INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLUX OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY THE APPLICABLE JURISDICTION'S LAW, FLUX's TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FLUX FOR THE USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLUX.
THE ABOVE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN FLUX AND YOU.

13. Third-Party Website Links
The Services may include links to websites, services, and resources provided by third parties. Please note, Flux does not endorse these, and we cannot assure their safety or that they will meet your expectations. Flux is not liable for maintaining materials referenced from another website, nor do we offer any warranties for that website or its services. We are not responsible for any damage, loss, or impact, whether direct or indirect, resulting from the usage of any content, goods, or services available on or through such third-party websites and services.

14. Governing Law and Dispute Resolution
a. Governing Law and Forum Choice. The Federal Arbitration Act, federal arbitration law, and the laws of the State of Georgia govern these Terms and any related action, irrespective of its conflict of laws provisions. Except as otherwise explicitly specified in this Section 14(a), the exclusive jurisdiction for all Disputes (defined below) that you and Flux are not required to arbitrate will be the state and federal courts located in Atlanta, Georgia. You and Flux each renounce any objection to jurisdiction and venue in these courts.
b. Mandatory Arbitration of Disputes. Both parties agree that any dispute, claim, or controversy that arises out of or relates to these Terms or the violation, termination, enforcement, interpretation, or validity of these Terms or the use of the Services (collectively, “Disputes”) will be resolved exclusively through binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. Both parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and both parties are waiving their right to a jury trial or to participate in a class action. This arbitration provision shall survive the termination of these Terms.
c. Exceptions. There are limited exceptions to Section 14a above:
(i) we both may seek to resolve a Dispute in small claims court if it qualifies; and
(ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
d. Execution of Arbitration and Its Rules. The arbitration process will be handled by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, also referred to as the "AAA Rules," which are effective at the time, as modified by these terms and conditions. You can access the AAA Rules at www.adr.org or by calling 1-800-778-7879. To initiate arbitration, a party must submit a written Demand for Arbitration to the AAA and provide notice to the other party in accordance with the AAA Rules. AAA provides an arbitration request form at www.adr.org. Any arbitration hearings will occur in the county (or parish) of your residence, unless mutually agreed to a different location. The parties accept that the sole authority to resolve all issues related to the interpretation, application, enforceability, and scope of this arbitration agreement lies with the arbitrator.
e. Costs of Arbitration. All fees pertaining to filing, administration, and arbitrators will be dictated by the AAA Rules. We will not seek to recover administration and arbitrator fees we are accountable for paying unless your Dispute is deemed frivolous by the arbitrator. Should we emerge victorious in arbitration, we will bear all our attorney’s fees and costs and won't seek to recoup them from you. If you win in arbitration, you will be eligible for an award of attorney’s fees and expenses as provided under applicable law.
f. Injunction and Declaratory Relief. Apart from as stipulated in Section 14b above, the arbitrator will decide all liability issues pertaining to any claim presented by either party and can award declaratory or injunctive relief only in favor of the individual party seeking such relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In circumstances where you or we win on a claim and seek public injunctive relief (i.e., injunctive relief primarily aiming to prohibit unlawful acts threatening future injury to the public), the right to and extent of such relief must be litigated in a civil court with proper jurisdiction and not in arbitration. Both parties agree to stay any litigation of public injunctive relief issues pending the outcome of any individual claims in arbitration.
g. Class Action Waiver. YOU AND FLUX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, nor preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then Sections 14(b) - (g) shall be null and void.

15. Changes to our Terms
We may alter the Terms at our sole discretion periodically. If we do, we’ll notify you by uploading the updated Terms on the Site, to the App, and/or we may also send other forms of communication. It's important for you to review the Terms every time we update them or you use the Services. If you persist in using the Services after we have uploaded updated Terms, it means you accept and agree to the changes. If you don’t agree to be bound by the modifications, you must stop using the Services.

16. Termination
We reserve the right to suspend or terminate your access to and use of the Services at any time and without providing you with any notice. Upon any termination, discontinuation, or cancellation of the Services, the following Sections will survive: 3(a), 4(b), 4(c), 4(e), 5, 7 (only for payments due and owed to Flux prior to termination), 9, 11, 12, 14, 16, 17, and 19.

17. Severability
Excluding the provisions in Section 14(g) of these Terms ("Class Action Waiver"), if an arbitrator or a competent court determines that any part of these Terms is invalid or unenforceable, the remaining parts of these Terms will remain in effect.

18. Rights and Terms for Apps
This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no responsibility to provide any maintenance and support services with respect to the App. In case of any failure of the App to comply with any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (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 your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

19.General Provisions
a. Complete Agreement. These Terms represent the whole and exclusive understanding and agreement between Flux and you with respect to the Services, and these Terms override and replace all previous oral or written understandings or agreements between Flux and you concerning the Services. If any clause of these Terms is deemed invalid or unenforceable by an arbitrator or a court with competent jurisdiction, that clause will be enforced to the fullest extent allowable, and the remaining clauses of these Terms will continue in full force and effect. You are not permitted to assign or transfer these Terms, by operation of law or otherwise, without Flux's prior written approval. Any effort by you to assign or transfer these Terms, without such approval, will be void. Flux may assign or transfer these Terms freely without any limitations. Subject to the above, these Terms will bind and benefit the parties, their successors, and permitted assignees.
b. Notifications. Any notices or other communications given by Flux under these Terms will be provided: (i) via email; or (ii) by posting on the Services. For notices delivered by email, the date of receipt will be considered the date on which such notice is transmitted.
c. Forgoing of Rights. Flux's lack of enforcement of any right or provision of these Terms will not be deemed a waiver of that right or provision. The relinquishment of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flux. Except as explicitly outlined in these Terms, the utilization by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Contact Information
We trust these Terms have clarified how the Services operate and have assured you that everything is predictable and secure while using them. If you have any inquiries about the use of Services or about these Terms, please contact us at contact@tryflux.ai or at at the address below.
Offbeat Apps LLC DBA Flux

6595 Roswell Road
Suite GPMB6720
Atlanta, GA 30328
United States

Please note that the effective date of this policy is July 27, 2023. If we make any changes to this Privacy Policy, we will notify you by updating the effective date. Your continued use of the Services after such changes will indicate your acceptance of the revised policy.