Terms & Conditions

GENERAL TERMS

By accessing the Exfluency website, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any e-mail or other communication between you and Exfluency.

Under no circumstances shall the Exfluency™ team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use or the inability to use the materials on this site, even if the Exfluency team or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

Exfluency will not be responsible for any outcome that may occur while using our resources. We reserve the right to change prices and revise the resource usage policy at any time.

LICENSE

Exfluency grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Exfluency (referred to in these Terms & Conditions as “Exfluency”, “us”, “we”, or “our”), the provider of the Exfluency website and the services accessible from the Exfluency website (which are collectively referred to in these Terms & Conditions as the “Exfluency Service”).

In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. You hereby agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Exfluency Service.

MEANINGS

To help explain things as clearly as possible, in this Terms & Conditions, every time any of these terms are referenced, they are strictly defined as:

Cookie

A small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.

Company

When this policy mentions “company,” “we,” “us,” or “our,” it refers to Exfluency™, which is responsible for your information under this Cookie Policy.

Device

Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Exfluency and use the services.

Personal Data

Any information that, directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Service

Refers to the service provided by Exfluency as described in the relative terms (if available) and on this platform.

Third-party service

Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

Website

Exfluency’s site, which can be accessed via this URL: exfluency.com.

You

A person or entity registered with Exfluency to use the Services.

RESTRICTIONS

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website or make the platform available to any third party.
  • Modify, do derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Exfluency or its affiliates, partners, suppliers, or the licensors of the website.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Exfluency concerning the website shall remain the sole and exclusive property of Exfluency.

Exfluency shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

YOUR CONSENT

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using and interacting with our website, you hereby consent to our Terms & Conditions.

LINKS TO OTHER WEBSITES

These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by Exfluency. We are not responsible for such websites’ content, accuracy, or opinions. Moreover, we do not investigate, monitor, or check such websites for accuracy or completeness. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those with a link on our platform, is subject to that website’s rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

COOKIES

Exfluency uses “Cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website, but they are non-essential to their use. However, certain functionalities, like videos, may become unavailable without these cookies. You would risk having to enter your login details every time you visit the website, as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in cookies.

CHANGES TO OUR TERMS & CONDITIONS

If we decide to change our Terms & Conditions, we will post those changes on this page and/or update the Terms & Conditions modification date below.

MODIFICATIONS TO OUR WEBSITE

Exfluency reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

UPDATES TO OUR WEBSITE

Exfluency may occasionally provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain website features and/or functionalities.

You agree that Exfluency has no obligation to

(i) provide any Updates or

(ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be

(i) deemed an integral part of the website and

(ii) subject to the terms and conditions of this Agreement.

THIRD-PARTY SERVICES

We may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that Exfluency shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Exfluency does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you. You access and use them entirely at your own risk and are subject to such third parties’ terms and conditions.

TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Exfluency.

Exfluency may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Exfluency, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.

Termination of this Agreement will not limit any of Exfluency’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

COPYRIGHT INFRINGEMENT NOTICE

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please get in touch with us setting forth the following information:

  1. a physical or electronic signature of the copyright owner or a person authorised to act on his behalf;
  2. identification of the material that is claimed to be infringing;
  3. your contact information, including your address, telephone number, and e-mail address;
  4. a statement by you that you have a good faith belief that use of the material is not authorised by the copyright owners; and
  5. a statement that the information in the notification is accurate, and, under penalty of perjury, you are authorised to act on behalf of the owner.

INDEMNIFICATION

You agree to indemnify and hold Exfluency and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:

(a) use of the website;

(b) violation of this Agreement or any law or regulation; or

(c) violation of any right of a third party.

NO WARRANTIES

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Exfluency, on its behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Exfluency provides no warranty or undertaking and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Exfluency nor any of Exfluency’s providers make any representation or warranty of any kind, express or implied:

  1. as to the operation or availability of the website or the information, content, and materials or products included thereon;
  2. that the website will be uninterrupted or error-free;
  3. as to the accuracy, reliability, or currency of any information or content provided through the website; or
  4. that the website, its servers, the content, or e-mails sent from or on behalf of Exfluency are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

LIMITATION OF LIABILITY

Notwithstanding any damages you might incur, the entire liability of Exfluency and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall Exfluency or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Exfluency or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

WAIVER

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance thereafter. Nor shall the waiver of a breach constitute the waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

AMENDMENTS TO THIS AGREEMENT

Exfluency reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Exfluency.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and Exfluency regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Exfluency.

You may be subject to additional terms and conditions when you use or purchase other of Exfluency’s services, which Exfluency will provide to you at the time of such use or purchase.

UPDATES TO OUR TERMS

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you the opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. You can delete your account if you do not want to agree to these or any updated Terms.

INTELLECTUAL PROPERTY

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Exfluency, its licensors, or other providers of such material. They are protected by Switzerland and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Exfluency, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of the material is prohibited.

NOTICE OF DISPUTE

In the event of a dispute, you or Exfluency must give the other a Notice of Dispute; a written statement that sets forth the name, address, and contact information of the party, giving it the facts giving rise to the dispute and the relief requested. You must send any Notice of Dispute via e-mail to: privacy@exfluency.com. Exfluency will send any Notice of Dispute to you by mail to your address if we have it or otherwise to your e-mail address. You and Exfluency will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Exfluency may commence arbitration.

PROMOTIONS

Exfluency may occasionally include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

MISCELLANEOUS

Suppose, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable. In that case, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorised representative of Exfluency. Exfluency will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Exfluency operates and controls the Exfluency Service from its offices in Switzerland. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Exfluency website from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Exfluency Privacy Policy) contain the entire understanding and supersede all prior understandings between you and Exfluency concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

DISCLAIMER

Exfluency is not responsible for any content, code or any other imprecision.

Exfluency does not provide warranties or guarantees.

In no event shall Exfluency be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Exfluency reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

The Exfluency Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Exfluency is a distributor and not a publisher of the content supplied by third parties; as such, Exfluency exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Exfluency Service. Without limiting the foregoing, Exfluency specifically disclaims all warranties and representations in any content transmitted on or in connection with the Exfluency Service or on sites that may appear as links on the Exfluency Service or in the products provided as a part of or otherwise in connection with the Exfluency Service, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No oral advice or written information given by Exfluency or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Exfluency does not warrant that the Exfluency Service will be uninterrupted, uncorrupted, timely, or error-free.

CONTACT US

Don’t hesitate to contact us if you have any questions.

Updated at 2023-04-10

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