Terms of Service

0. Order of Precedence; Entire Agreement

• If there is a conflict between an Order Form and these Terms, the Order Form controls, unless the Order Form expressly states otherwise.
• These Terms together with all Order Forms constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements and communications.

1. General Acknowledgments

2. Eligibility & Account Responsibilities

• You must be at least 18 years old to use the Services.
• You must provide accurate, complete, and up-to-date account information.
• You are responsible for all activity under your account and must keep credentials secure.
• Notify Flux immediately of any unauthorized access to or use of your account.

3. License; Acceptable Use

• Subject to these Terms and timely payment of fees, Flux grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the Subscription Term for your internal business purposes or in service to your clients.
• Each natural person must have their own user account; credential sharing is prohibited.
• You will not (and will not permit any third party to): (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or attempt to access source code except to the extent permitted by law; (c) circumvent technical limitations or security; (d) access the Services for the purpose of building a competing product; (e) scrape, harvest, or bulk extract data from the Services except through documented APIs within rate limits; or (f) use the Services in violation of applicable law, including privacy and export control laws.
• Flux may implement reasonable technical safeguards and rate limits to protect the Services.

4. Use of Research & Testing Tools

• You must have necessary rights and licenses (e.g., Figma) to import designs into Flux.
• You are responsible for the content of prototypes, prompts, and test materials and for ensuring compliance with intellectual property and applicable regulations.

5. Participant Recruitment

6. Fees, Payment & Renewal

7. Trials; Beta Features

Flux may offer free or discounted trials at its discretion. If, during a trial, you and Flux execute an Order Form or other subscription agreement, the trial terminates upon execution, and billing commences on the effective date specified therein. Unless otherwise agreed, any unused trial period is forfeited.

Certain features may be labeled beta, preview, or experimental. Such features are provided "AS IS" without warranties and may be modified or discontinued at any time.

8. Intellectual Property; Feedback

• You retain ownership of prototypes, content, and data you upload to the Services ("Customer Data").
• Flux owns all rights in the Services, software, and underlying technology.
• You grant Flux a limited license to process Customer Data solely to provide and support the Services.
• You grant Flux a perpetual, irrevocable, royalty-free license to use suggestions or feedback you provide for any purpose without restriction or compensation.

9. Confidentiality & Data Protection

• Each party may receive non-public information from the other that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party will protect the other's Confidential Information using at least the same care it uses to protect its own.
• Flux processes personal data in accordance with its Privacy Policy.
• Customer is responsible for obtaining and maintaining all required consents.
• Researchers are solely responsible for the content and configuration of any user tests, studies, or prototype experiences conducted through Flux, including any confidential or proprietary information disclosed to participants. Flux does not control participants' behavior or use of such information. Accordingly, Flux is not liable for any breach of confidentiality, unauthorized disclosure, misuse, or other conduct by participants who access or complete test experiences. Researchers should take appropriate measures to anonymize, limit, or avoid sharing sensitive or proprietary materials within their studies.
• Upon termination or expiration, Flux will delete or return Customer Data within a reasonable period in accordance with our data retention policies, except where retention is required by law.

10. Warranties; Disclaimers

• Flux will provide the Services in a professional and workmanlike manner consistent with industry standards.
• Customer is solely responsible for its compliance with laws and regulations applicable to its use of the Services, including research ethics and participant disclosures; Flux does not warrant that the Services will meet any specific legal or regulatory requirements.
• EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND FLUX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Indemnification

• You will defend, indemnify, and hold harmless Flux from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) Customer Data or test content; (b) your use of the Services in violation of these Terms or law; or (c) your recruitment or handling of participants.

12. Limitation of Liability

• NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
• EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, AND EITHER PARTY’S LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Term, Suspension & Termination

• The term of each subscription is set forth in the applicable Order Form (the "Subscription Term"). Either party may terminate for material breach not cured within 30 days after written notice.
• Flux may suspend access for non-payment, security risk, or violation of these Terms, after reasonable notice when practicable.
• Upon termination, your license to the Services ends. Sections that by their nature should survive (including payment obligations, confidentiality, data protection, intellectual property, aggregated data, disclaimers, indemnities, limitations of liability, and dispute resolution) will survive termination or expiration.

14. Governing Law; Dispute Resolution

• These Terms are governed by the laws of the State of Illinois, excluding its conflict-of-law rules.
• Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association in Cook County, Illinois, in English. The parties waive any right to a jury trial or to participate in a class action. A party may seek injunctive or equitable relief in a court of competent jurisdiction in Illinois to protect its Confidential Information or intellectual property.

15. Additional Terms

• Assignment. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
• Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Publicity. With your prior consent, Flux may identify you as a customer and display your name and logo; you may revoke consent at any time.
• Notices. Notices must be in writing and are deemed given when sent to the contacts specified on the Order Form or to legal notices posted on the Website.
• Severability; Waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.
• Export & Sanctions. You will comply with U.S. export control and sanctions laws and will not use the Services in restricted jurisdictions or for prohibited purposes.

16. Contact

For questions about these Terms, contact: