Terms And Conditions

This app is provided by Fluid Business Solutions Limited of Level 1, Brockbourne House, 77 Mount Ephraim, Tunbridge Wells, Kent TN4 8BS, United Kingdom, a company registered in England with company number: 09120162 and VAT registration number: GB 192677074, hereafter referred to as (“we”, “us”, “our”).These terms of use (“Terms of Use”) together with our privacy policy (“Privacy Policy”) govern your use of the web application (“App”). By using the App, you agree to be legally bound by these Terms of Use and our Privacy Policy, as they may be modified and posted on our website from time to time. You should therefore read these Terms of Use and our Privacy Policy carefully before using the App. If you do not wish to accept these Terms of Use and our Privacy Policy, you should not use this App. If you signup to use any services which we charge fees for our terms and conditions (“Terms and Conditions”) will apply in addition.

‍1. PROVISION OF THE SERVICES
1.1 We provide use of the App free of charge. You are permitted to use our App for your own business purposes.

1.2 You are not permitted to: (i) extract the source code of the App; (ii) translate the App into other languages; or (iii) make derivative versions of the App. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to us.

1.3 We reserve the right to make changes to the App or to charge for the App at any time and for any reason. We will never charge you for the App without first making it very clear to you when and how you will be charged.

1.4 We are permitted to make updates to the App at any time. The App is currently available as a responsive web application accessed via browser.

2. AVAILABILITY
‍2.1 We endeavour to make the App available at all times, however, Apps do sometimes encounter downtime due to server and, other technical issues such as system failure, maintenance, repair or other reasons beyond our control. We will not be liable to you under any circumstances if the App is unavailable at any time.

2.2 Access to the App may be suspended at any time without any notice being given to you.

‍3. PERSONAL DATA
‍3.1 We will process and use personal data that you provide to us when registering for and using the App in accordance with the terms of our Privacy Policy.

3.2 Please note that it is your responsibility to keep your phone and access to the App secure.

‍4. ACCEPTABLE USE
‍4.1 When using the App you shall not post or send any material: (i) for which you have not obtained all necessary consents; (ii) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or is otherwise contrary to applicable law; or (iii) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

4.2 All content accessed via the App is subject to copyright or other intellectual property rights and may not be used except as expressly permitted in these Terms of Use.

4.3 You shall not gather, extract, reproduce and/or display on any other website or other online service, any material accessed via the App, specifically including information relating to our services, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data.

4.4 You shall not use the App to provide services or details about our services or other information to third parties.

4.5 Without the prior written consent of Fluid Business Solutions, You shall not conduct or request, commission or assist any third party to conduct any form of load testing, penetration testing, or security scanning of fluid.work services or domains. This prohibition extends to all actions, including but not limited to, those that may affect the integrity, performance, or reliability of Fluid or cause a real or perceived breach of security within Fluid . Violation of this clause may result in immediate termination of the User's access to the Service, void all Service Level Agreements (SLAs), and may result in legal action.

‍5. YOUR DATA
‍5.1 You agree that all data you send or upload using the App (including, but not limited to e-mails, text or responses to any information available via websites) is legal, not offensive, decent and truthful, complies with all laws and regulations, does not infringe the intellectual property rights or other rights of us or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free from bugs, worms or viruses.

5.2 All data provided by (data entry or automated feeds etc) the User remains the sole property of the User. We commit to storing and managing this data in strict accordance with our SOC-2 certified data security policies and processes, ensuring the integrity, confidentiality, and availability of User data.

5.3 You are solely responsible for your data. If we consider that any part of your data exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of the App and remove all or part of your data. You must provide all reasonable assistance in this respect.

5.4 We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person sending or posting material via the App in breach of these Terms of Use.

‍6. LINKS TO OTHER WEBSITES
‍6.1 Any links to third party websites via this App are provided for your convenience only. We have not reviewed such third party websites and have no responsibility for such third party websites or their content. We do not endorse any third party websites or make representations about them or any material contained in them. If you choose to access any third party websites linked to from this App, this is at your own risk.

6.2 Please note that the terms of use and privacy policy of linked websites may differ from our Terms of Use and Privacy Policy. We encourage users to be aware of this when using the App, and to read the terms of use and the privacy policy of such third party websites.

6.3 If you would like to link to our websites, you may only do so on the basis that you link to, but do not replicate, any page on our websites, and subject to the following conditions: (i) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; you do not misrepresent your relationship with us or present any false information about us; you do not link from a website that is not owned by you; and your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with applicable laws.

6.4 If you choose to link to our websites you shall fully indemnify us for any loss or damage suffered as a result of your actions.

‍7. DISCLAIMER
‍7.1 We take all reasonable steps to ensure that the information available via the App is correct. However, we do not guarantee the correctness or completeness of material accessed via App. We may make changes to the material available via the App at any time and without notice. The material available via the App may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

7.2 The material accessed via the App is provided without any express or implied conditions or warranties of any kind. To the maximum extent permitted by law, we exclude all representations, warranties and conditions in relation to provision and use of the App.

‍8. LIABILITY
‍8.1 We do not accept any liability for the accuracy, completeness or suitability for a particular purpose of any content published or made available via use of the App, unless liability cannot be restricted by mandatory applicable law.

8.2 We have no liability to you for any damages arising in contract, tort or otherwise from the use of or inability to use the App or another website linked to or from the App or any material contained therein, or from any action or decision taken as a result of using the App.

8.3 We shall not be liable for any damage which may result from the download, installation, storage or use of software or content via use of the App.

8.4 Nothing in these Terms of Use shall exclude or limit liability for: (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation; or (iv) any liability which cannot be excluded or limited under applicable law.

‍9. GOVERNING LAW AND JURISDICTION
‍Use of the App shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising in connection with use of the App shall be subject to the exclusive jurisdiction of the English courts.

‍10. CHANGES TO THESE TERMS OF USE
‍These Terms of Use may change from time to time and therefore you should review them regularly. We will of course notify you of any changes where we are required to do so. Changes will be posted on this page and, where appropriate.

These Terms of Use were last updated on the 2nd of Feb 2024 and replace all other terms of use previously applicable.

‍11. CONTACT
‍Questions, comments and requests regarding these Terms of Use are welcomed and should be addressed to: support@fluid.work, or please write to us at the address given at the start of these Terms of Use.