Terms & Conditions

TERM AND TERMINATION

This Agreement remains in effect until terminated by you or Exfluency. Exfluency may suspend or terminate this Agreement at any time and for any reason, with or without prior notice. This Agreement will terminate immediately if you fail to comply with any provision of this Agreement. You may terminate this Agreement by deleting the website and all copies from your computer. Upon termination, you shall cease all use of the website and delete all copies from your computer. Termination of this Agreement will not limit any of Exfluency’s rights or remedies in case of your breach of any obligations under this 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 contact us with the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on his behalf;
2. Identification of the material that is claimed to be infringing;
3. Your contact information, including 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 authorized by the copyright owners; and
5. A statement that the information in the notification is accurate, and, under penalty of perjury, you are authorized 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. Exfluency, on its behalf and on behalf of its affiliates and licensors, expressly disclaims all warranties, whether express, implied, statutory, or otherwise. These include 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, performance, usage, or trade practice. Without limitation, Exfluency provides no warranty that the website will meet your requirements, achieve any intended results, be compatible with other software, systems, or services, operate without interruption, meet performance or reliability standards, be error-free, or that any errors or defects will be corrected. Neither Exfluency nor any of its providers makes 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 included thereon;
2. That the website will be uninterrupted or error-free;
3. As to the accuracy, reliability, or currency of any information provided through the website; or
4. That the website, its servers, content, or e-mails sent from Exfluency are free of viruses, malware, or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on the statutory rights of a consumer, so some 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 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, data, business interruption, or personal injury) arising out of or in any way related to the use or inability to use the website or third-party software/hardware used with the website. This holds even if Exfluency or any supplier has been advised of the possibility of such damages.

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

WAIVER

Except as provided herein, the failure to exercise a right or 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. A waiver of a breach shall not constitute a waiver of any subsequent breach. No delay in exercising any right or power under this Agreement shall operate as a waiver thereof. Any single or partial exercise of any right under this Agreement shall not preclude further exercise of any right granted herein. In case of a conflict between this Agreement and any applicable purchase terms, the terms of this Agreement shall govern.

AMENDMENTS TO THIS AGREEMENT

Exfluency reserves the right to modify or replace this Agreement at its sole discretion at any time. If a revision is material, we will provide at least 30 days’ notice before 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 authorized 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 agreements between you and Exfluency. You may be subject to additional terms and conditions when you use or purchase other Exfluency services, which will be provided to you at the time of such use or purchase.

UPDATES TO OUR TERMS

We may change our Service and policies, necessitating changes to these Terms to 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 agree to these or any updated Terms.

INTELLECTUAL PROPERTY

The website and its entire contents, features, and functionality (including 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 laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way without the express prior written permission of Exfluency, unless expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

NOTICE OF DISPUTE

In the event of a dispute, you or Exfluency must provide the other with a Notice of Dispute, a written statement with the party’s name, address, contact information, the facts giving rise to the dispute, and the relief requested. Send any Notice of Dispute to: privacy@exfluency.com. Exfluency will send any Notice of Dispute to your address if available or otherwise to your e-mail. You and Exfluency will attempt to resolve any dispute through informal negotiation within sixty (60) days. After sixty (60) days, you or Exfluency may commence arbitration.

PROMOTIONS

Exfluency may include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit information about yourself. All Promotions may be governed by separate rules that may contain certain eligibility requirements. You are responsible for reading all Promotions rules to determine eligibility. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.

MISCELLANEOUS

If a court finds any provision of these Terms & Conditions unenforceable, the remainder will continue in full force and effect. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of Exfluency. Exfluency will be entitled to injunctive or other equitable relief in the event of any breach by you. Exfluency operates the Exfluency Service from its offices in Switzerland. The Service is not intended for use where distribution or use would be contrary to law or regulation. Those who access the Exfluency website from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms & Conditions (which include the Exfluency Privacy Policy) contain the entire understanding between you and Exfluency and cannot be changed by you. Section headings are for convenience only and have no legal import.

DISCLAIMER

Exfluency is not responsible for any content or imprecision. Exfluency does not provide warranties or guarantees. In no event shall Exfluency be liable for any damages arising out of the use of the Service or its contents. Exfluency reserves the right to modify 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 warranty. Exfluency, as a distributor, does not warrant the accuracy, reliability, or currency of any information provided. No advice or information given by Exfluency will create a warranty. Price and availability information is subject to change without notice. Exfluency does not warrant that the Service will be uninterrupted, timely, or error-free.

CONTACT US

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

Via e-mail: privacy@exfluency.com

Via this link: https://exfluency.com/contact/