Acceptance of Terms
By using our services, you confirm that you have read, understood, and agree to these Terms. If you are using the services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
Scope of Services
Fluxion provides custom software development, digital transformation, and other related services as described on our website. Our services are subject to a separate, formal agreement with each client ("Service Agreement"), which will detail the project scope, timeline, deliverables, and payment terms. These Terms apply to your general use of our website and preliminary interactions with us.
User Conduct
You agree to use our services only for lawful purposes. You shall not:● Use our services to engage in any illegal or fraudulent activity.
- Use our services to engage in any illegal or fraudulent activity.
- Attempt to gain unauthorized access to our systems or data.
- Upload or transmit any viruses, malware, or other harmful code.
- Interfere with the proper functioning of our services.
- Infringe upon the intellectual property rights of others.
Our Digital Solutions and Technology
As a custom software development company, our primary business is not the sale of a pre-built product but the "sale" of a bespoke, engineered solution that aligns with your unique vision. This section outlines the mandatory technical and legal components of our deliverables. It is crucial for defining our responsibilities and manage expectations.
The Importance of This Section: Including these details in our Terms and Conditions is mandatory for several reasons:
- Clarity of Scope: It defines precisely what the final deliverable is, including its technical specifications and components.
- Risk Management: It clarifies the ownership and licensing of third-party or open-source components used in the solution, protecting both parties.
- Liability and Responsibility: It establishes the responsibilities of both Fluxion and the client regarding the maintenance and use of the final product.
Our Approach to Solution Delivery: Our final deliverable, referred to as the "Solution," is a custom-built digital product tailored to your needs. Its specifications will be fully documented in your formal Service Agreement. The Solution will be delivered in its final, accepted form upon the completion of all agreed-upon milestones.
- Solution Delivery & Acceptance: The project will follow a structured delivery process. The client is responsible for reviewing and formally accepting the [Final Deliverable] within a specified period, as defined in the Service Agreement. Acceptance signifies that the Solution meets all agreed-upon requirements.
- Technology & Stack: The technology stack for your Solution will be chosen and agreed upon during the project's discovery phase and detailed in your Service Agreement. This includes:
- Core Technologies: The specific programming languages and frameworks used (e.g., [Programming Language] and [Framework]).
- Cloud Infrastructure: The hosting and server environment (e.g., [Cloud Platform]), including details on data storage and security measures.
- Third-Party Components: Any third-party software, libraries, or APIs integrated into the Solution.
- Licensing of Third-Party & Open-Source Components: Our Solutions may incorporate third-party components, including open-source software, each of which is governed by its own license. You acknowledge and agree that your use of the Solution is subject to the terms of these respective licenses. Fluxion will provide documentation of all third-party components and their licenses (e.g., [Specific License Name]) upon delivery. You are responsible for complying with the terms of these licenses.
- Post-Delivery Warranties: Following the formal acceptance of the Solution, Fluxion may provide a limited warranty period of [Warranty Period, e.g., 30 days] to address any bugs or defects. Extended support, maintenance, or further development will be covered by a separate Service Agreement.
Intellectual Property Rights
All content on our websites, including text, graphics, logos, and code, is the exclusive property of Fluxion or its licensors and is protected by intellectual property laws.
- Your Content: You retain ownership of any content you submit to us, but you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content to provide and promote our services.
- Our Deliverables: The intellectual property rights for custom solutions and software we develop for you will be governed by the specific Service Agreement. Unless stated otherwise, all rights will be transferred to you upon full payment.
Disclaimers
Our services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or secure.
Limitation of Liability
To the fullest extent permitted by law, Fluxion shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from these Terms or our services shall not exceed the amount you have paid to us in the last six (6) months.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Thailand without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Thailand.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of our services after the changes have been posted constitutes your acceptance of the revised Terms.
