Terms & Conditions

GENERAL TERMS

By accessing the Exfluency website, you confirm that you agree with and are bound by the terms of service outlined below. These terms apply to the entire website and any 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 inability to use the materials on this site. This holds true even if the Exfluency team or an authorized 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 outcomes 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 this Agreement.

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

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

MEANINGS

To help explain things clearly, these terms are strictly defined:

Cookie

A small amount of data generated by a website and saved by your web browser. It identifies your browser, provides analytics, and remembers 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™, 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 relevant terms 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, accessible 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:

  1. 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.
  2. Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.
  3. Remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) of Exfluency or its affiliates, partners, suppliers, or licensors.

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

YOUR CONSENT

We’ve updated our Terms & Conditions to provide you with complete transparency into what is set when you visit our site and how it’s being used. By interacting with our website, you 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. 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 for its use. However, certain functionalities, like videos, may become unavailable without these cookies. You may have to enter your login details each time you visit the website, as we would not be able to remember your previous login. Most web browsers can disable the use of cookies. However, if you disable cookies, you may not be able to access certain functionalities on our website. We never place Personally Identifiable Information in cookies.

CHANGES TO OUR TERMS & CONDITIONS

If we decide to change our Terms & Conditions, we will post the changes on this page and update the 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 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. Exfluency does not assume and shall not have any liability or responsibility 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 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/

Updated at 2024-05-24

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