Terms of Service

Last Updated: March 28, 2026

These Terms of Service ("Terms"), together with any order forms, purchase orders, statements of work, or subscription agreements (collectively, "Order Forms"), form a binding agreement between Flux LLC ("Flux," "we," "us," or "our") and the customer identified on the applicable Order Form ("Customer," "you," or "your"). These Terms govern your access to and use of:

The website located at testwithflux.com and its subdomains (the "Website");
Any mobile or web application offered by Flux (each, an "Application"); and
All products, services, analytics tools, content, and other resources provided by Flux, including A/B/n testing, user research, participant recruitment, and statistical analysis tools (collectively, the "Services").

By accessing or using the Services in any way—including creating an account, clicking to accept these Terms, or executing an Order Form—you agree to be bound by these Terms on behalf of the company or organization you represent. If you do not agree, do not access or use the Services.

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

1.1 Service Updates

Flux may improve, modify, or update the Services at any time for performance, security, or functionality.

1.2 Changes to Terms

We may update these Terms periodically. Material changes will be communicated by email and/or in-product notifications. Unless a later date is stated, changes take effect upon posting. If you do not agree to the changes, you must stop using the Services.

1.3 Third-Party Sites & Integrations

The Services may link to or interoperate with third-party websites, platforms, and services (e.g., Figma, participant networks, or payment processors). Flux is not responsible for the content, policies, or practices of such third parties.

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.
You are responsible for maintaining control over your seat(s) and access credentials.
You are responsible for ensuring your tests and Figma prototypes comply with applicable laws and third-party rights, as well as these Terms.
You are responsible for obtaining participant consent where required for any research activities, utilizing external mechanisms or Flux-offered capabilities for participant consent.

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; (f) use the Services in violation of applicable law, including privacy and export control laws; or (g) resell, white-label, or otherwise redistribute the Services to third parties.
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.
The Services are not designed for use in regulated research environments (e.g., clinical trials, medical or health-related studies subject to regulatory approval), and Customer is solely responsible for ensuring compliance with any such requirements.

5. Participant Recruitment

5.1 Channels

You may recruit participants via integrated platforms or your own channels.

5.2 Fees & Refunds

If you purchase recruitment through Flux, refunds are provided for any unused portion of recruitment fees if (a) you cancel the experiment or (b) the experiment becomes infeasible due to materially high screen-out rates, each as reasonably determined by Flux. Refunds are credited to the original payment method unless otherwise agreed in writing.

5.3 Consent & Data Accuracy

You are solely responsible for ensuring participants have legally valid consent and that your use of the Services complies with applicable law. Flux is not responsible for participant behavior or the accuracy of participant-provided data.

5.4 Content Restrictions

You must not upload or distribute unlawful, obscene, hateful, or harmful content via the Services.

6. Fees, Payment & Renewal

6.1 Fees

You will pay the fees specified in the applicable Order Form, including subscription, seat, usage, and recruitment fees.

6.2 Taxes

Fees are exclusive of taxes. You are responsible for all taxes, duties, and government charges associated with your purchase unless Flux is required to collect them.

6.3 Invoicing; Late Payments

Flux may suspend the Services for past due amounts after reasonable notice.

6.4 Automatic Renewal

Subscriptions renew automatically for successive terms equal in length to the initial term unless canceled in your account settings before the renewal date. Unless otherwise stated, fees are non-refundable.

6.5 Overage & Usage

Additional fees may apply if your usage exceeds plan limits set forth in the Order Form. Flux may monitor usage and enforce plan limits, including by throttling, restricting, or suspending access if usage exceeds permitted levels.

6.6 Refunds

Subscription fees are non-refundable unless otherwise agreed in an Order Form or separate written agreement. Fees related to unused participant recruitment may be refunded when applicable (e.g., canceled experiments before completion or infeasible recruitment conditions), as reasonably determined by Flux.

7. Trials; Beta Features

Flux may offer free or discounted trials at its discretion. Trials or promotions are limited to one per Customer, unless otherwise stated, and Flux reserves the right to terminate any trial or promotion at any time. 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.

Flux may modify or discontinue free plans at any time without liability.

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. Service Availability & Support

8.1 Availability

Flux will use commercially reasonable efforts to maintain Service availability. Exclusions apply for scheduled maintenance (with at least 24-hour notice), issues caused by external systems (e.g., Figma outages, Prolific downtime, cloud service disruptions), and force majeure events.

8.2 Maintenance

Scheduled maintenance will typically occur during off-peak hours. Emergency maintenance may be performed without notice if critical for security or stability. New features and improvements are rolled out continuously, with major updates announced in advance.

8.3 Third-Party Integrations

Certain features, such as importing designs and prototypes, are subject to Figma's policies on integration with third-party apps. Availability of such features is subject to Figma's rate limiting policies and is governed by Customer's own subscription and agreement with Figma.

9. 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.

9.1 Aggregated/De-Identified Data

Flux may use information related to your use of the Services in aggregate and de-identified form for analytics, benchmarking, and improving the Services, provided such information does not identify you or any participant and cannot reasonably be used to re-identify any individual.

9.2 DMCA & Intellectual Property Takedowns

Flux respects the intellectual property rights of others. If you believe that content on the Services infringes your copyright or other intellectual property rights, please notify us at team@testwithflux.com with the following information: (a) identification of the copyrighted work or intellectual property claimed to be infringed; (b) identification of the allegedly infringing material and its location on the Services; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights owner.

Flux may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers in appropriate circumstances.

10. 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 and use it only to perform under these Terms.
Flux processes personal data in accordance with its Privacy Policy, incorporated by reference into these Terms.
Flux offers a Data Processing Agreement (DPA) incorporating Standard Contractual Clauses (SCCs) to meet GDPR requirements. A signed copy of the DPA may be requested by contacting our team.
Customer is the data controller and Flux is a data processor with respect to personal data processed through the Services, except where Flux acts as an independent controller (e.g., for account, billing, and operational data).
Flux may engage subprocessors (including hosting and recruitment providers such as Google Cloud Platform, Prolific, Stripe) to provide the Services.
Customer acknowledges that personal data may be transferred to and processed in the United States and other jurisdictions. Where required, such transfers will be governed by appropriate safeguards, including Standard Contractual Clauses.
Flux will, taking into account the nature of processing, assist Customer in fulfilling obligations to respond to requests from data subjects exercising their rights under applicable data protection laws.
Flux will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer Data.
Customer is responsible for obtaining and maintaining all required consents.
Customer represents and warrants that it has a valid legal basis (e.g., consent or legitimate interest) for processing personal data using the Services.
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.
Customer may request deletion of Customer Data at any time, subject to technical limitations and legal retention requirements.

10.1 Data Security

Flux uses industry-standard safeguards and security protocols, including encryption, access control, and secure storage and data transfer. All data in transit is encrypted with TLS (HTTPS). Flux uses Google Cloud Platform for infrastructure and services, which has their own guarantees and certifications (e.g., SOC 2).

10.2 Backups

Daily backups are created that may include Customer data associated with the use of the Services, and retained for up to 98 days for the purposes of disaster recovery and stability and reliability of the Services.

10.3 User Authentication

User access credentials for the Services are associated with the Figma authorization provided when logging in with Figma. This authorization token is never stored on Flux's servers. Customer is solely responsible for protecting their Figma credentials from unauthorized access.

10.4 Customer Data & Experiment Results

Flux does not store Customer's internal data or Figma prototype files. Flux stores re-created representations of prototypes and images of screens/frames imported into experiments solely for the purpose of providing the Services.

Flux does not store processed results from Customer experiments. Flux stores only raw experiment data (e.g., individual participant responses), and all processing of raw data into experiment results happens on-demand on the user's own device. These responses are protected with role-based access controls and transferred using standard encryption of data in transit (HTTPS).

10.5 Participant Data & Recruit with Flux

Flux stores and processes anonymized participant interaction data (e.g., clicks, navigation behavior, audio clips, transcripts) and responses to questions asked during tests, solely to generate research reports. Flux does not intentionally collect or store personally identifiable information from participants (e.g., name, contact information). However, certain data collected through the Services (e.g., audio recordings, transcripts, or interaction data) may constitute personal data under applicable law.

When using Recruit with Flux (Powered by Prolific), all participant account and demographic information resides with Prolific; Flux does not store that data. Customer must not attempt to re-identify any participant or ask participants for direct identifiers such as their name and address, or implement study protocols that violate Prolific's own terms of use.

11. 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.
Flux does not warrant that the Services will be uninterrupted or error-free.
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. NEITHER FLUX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ENDORSE ANY PARTICIPANT OR ANY OUTPUT (INCLUDING ANY OPINION, RECOMMENDATION, OR INSIGHT EXPRESSED BY ANY PARTICIPANT). FLUX EXPRESSLY DISCLAIMS ALL LIABILITY FOR PARTICIPANTS' ACTS OR OMISSIONS, AND FOR THE CONTENT AND ACCURACY OF ANY OUTPUT. CUSTOMER'S USE OF, OR RELIANCE ON, PARTICIPANTS OR ANY OUTPUT IS AT ITS OWN RISK, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DECISIONS MADE BASED ON SUCH INFORMATION.

12. 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.

13. 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.

14. 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, violation of these Terms, abuse of the Services, or as reasonably necessary to prevent harm, liability, or legal exposure. Flux will provide 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.

15. 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.
Each party will bear its own attorneys' fees and costs unless otherwise required by law or awarded by the arbitrator.

16. 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.

17. Contact

For questions about these Terms, contact:

Email: team@testwithflux.com

Address: 2045 W Grand Ave Ste B PMB 887468
Chicago, Illinois 60612-1577 US