Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TnV Creations ("Company," "we," "us," or "our") governing your access to and use of FluxLocal (the "Service"). By creating an account, purchasing a subscription or Lifetime Deal (LTD), or using the Service, you agree to these Terms and our Privacy Policy.

If you do not agree, you must not use the Service. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. The Service is not intended for minors. You may not use the Service if you are barred under applicable law or previously suspended by us.

3. Description of Service

FluxLocal provides tools to discover, aggregate, curate, and publish local events and related content into newsletters and other formats. Features may include automated sourcing from public websites and social platforms, AI-assisted writing, scheduling, subscriber management integrations, and export options. We may modify, suspend, or discontinue features at any time.

4. Account Registration and Security

You must provide accurate, current, and complete registration information and keep it updated. You are solely responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of unauthorized access. We are not liable for losses arising from your failure to secure your account.

We may refuse registration, reclaim usernames, or suspend accounts that violate these Terms or pose risk to the Service or other users.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You must not:

• Violate any applicable law, regulation, or third-party rights (including copyright, trademark, privacy, and publicity rights).
• Scrape, harvest, or collect data from the Service itself without our written permission.
• Circumvent access controls, rate limits, or security measures.
• Reverse engineer, decompile, or attempt to extract source code except where expressly permitted by law.
• Upload malware, spam, phishing content, or harmful code.
• Harass, threaten, defame, or discriminate against others.
• Impersonate any person or entity or misrepresent your affiliation.
• Use the Service to send unsolicited commercial email (spam) or violate CAN-SPAM, GDPR, CASL, or similar laws.
• Aggregate or republish content in violation of source platform terms (e.g., Meta, Instagram, Facebook, TikTok, Google).
• Use automated means to access third-party platforms in violation of their robots.txt or API terms.
• Resell, sublicense, or white-label the Service without authorization.
• Overload infrastructure or interfere with other users' access.

6. User Content and License

You retain ownership of content you create, upload, or publish through the Service ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and transmit User Content solely to operate, improve, and secure the Service. This license ends when you delete content or close your account, except for reasonable backup retention and legal compliance.

You represent and warrant that you own or have all necessary rights to User Content and that its use through the Service does not infringe any third-party rights.

7. AI-Generated Content Disclaimer

AI-generated summaries, headlines, descriptions, or images may be inaccurate, incomplete, biased, or inappropriate. You are solely responsible for reviewing, editing, and approving all content before publication. We disclaim liability for errors, omissions, or harm arising from reliance on AI outputs.

8. Third-Party Platforms and Aggregated Data

The Service may retrieve publicly available information from third-party websites and platforms at your direction. We do not claim ownership of third-party content. You are solely responsible for compliance with each platform's terms, API rules, copyright, and data protection requirements. We may disable sources or features that create legal or operational risk.

9. Newsletter Publishing and Subscriber Data

If you publish newsletters or manage subscribers, you act as an independent publisher and data controller for your audience. You must provide a lawful basis for processing subscriber data, honor opt-out/unsubscribe requests promptly, include required identification and physical address where applicable (CAN-SPAM), and maintain your own privacy disclosures. We are not responsible for your compliance failures.

10. Subscriptions, Billing, and Lifetime Deals

Paid plans and Lifetime Deals are billed through Stripe or other designated processors. Prices are shown at checkout and may change for new purchases; existing subscriptions renew at then-current rates unless stated otherwise. You authorize recurring charges until you cancel. Taxes may apply.

Lifetime Deal (LTD): An LTD grants access to specified features for the life of the product or company, subject to these Terms. "Lifetime" means the operational lifetime of the Service, not the lifetime of the user. We may reasonably modify LTD feature scope if required for legal, security, or sustainability reasons, with good-faith notice. LTDs are generally non-transferable and limited to the purchasing account unless we expressly allow otherwise.

11. Refund Policy

We offer a 14-day money-back guarantee on new subscriptions and LTD purchases. Contact app@fluxlocal.com within 14 days of initial purchase for a full refund. Refunds after 14 days are discretionary except where required by law. Chargebacks without contacting us first may result in account suspension.

12. Free Trials and Promotions

Free trials or promotional access may be offered at our discretion. We may convert trials to paid plans unless you cancel before the trial ends. Promotional credits have no cash value and may expire.

13. Intellectual Property

The Service, including software, design, logos, documentation, and proprietary technology, is owned by TnV Creations or its licensors and protected by intellectual property laws. Except for the limited rights expressly granted, no rights are transferred to you. You may not use our trademarks without prior written consent.

14. Feedback

If you submit ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without compensation or attribution.

15. Copyright and DMCA

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a DMCA notice to app@fluxlocal.com including: identification of the work, identification of the infringing material, your contact information, a good-faith statement, and your signature. We may remove content and terminate repeat infringers.

16. User-Added Audio and Media

You may link to third-party audio or media. We do not host or license such materials. You are solely responsible for obtaining rights and licenses. We disclaim all liability for copyright or performance rights claims arising from User Content you publish.

17. Termination and Suspension

You may cancel your account at any time through account settings or by contacting support. We may suspend or terminate access immediately, without prior notice, for breach of these Terms, non-payment, fraud, legal requirements, or risk to the Service. Upon termination, your right to use the Service ceases; provisions that by nature should survive will survive.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AGGREGATED DATA WILL BE ACCURATE, COMPLETE, OR LAWFUL FOR YOUR USE CASE.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TNV CREATIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

20. Indemnification

You agree to defend, indemnify, and hold harmless TnV Creations and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) User Content; (c) violation of these Terms or applicable law; (d) infringement of third-party rights; or (e) your newsletters, subscribers, or marketing practices.

21. Export and Sanctions Compliance

You may not use the Service in violation of U.S. export controls or economic sanctions. You represent that you are not located in, or a national of, any embargoed country or on any government restricted-party list.

22. Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, third-party service failures, or government actions.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict-of-law principles. Exclusive venue for disputes not subject to arbitration lies in state or federal courts located in Kent County, Michigan, and you consent to personal jurisdiction there.

24. Dispute Resolution and Arbitration

Before filing a claim, you agree to contact app@fluxlocal.com and attempt to resolve the dispute informally for at least 30 days. If unresolved, except for small-claims matters and injunctive relief for intellectual property or misuse, any dispute shall be resolved by binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, unless you opt out within 30 days of account creation by emailing app@fluxlocal.com.

Class action waiver: You and we agree that disputes will be resolved only on an individual basis, not as a class, consolidated, or representative action.

25. Company Information

FluxLocal is a product of TnV Creations, located at Grand Rapids, Michigan, USA.

26. Changes to Terms

We may modify these Terms at any time. Material changes will be posted with an updated date and, where appropriate, notified by email or in-app message. Continued use after the effective date constitutes acceptance. If you disagree, you must stop using the Service and cancel your account.

27. Miscellaneous

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Service.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• No waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger or sale.
• Survival: Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and payment obligations survive termination.

28. Contact

Questions about these Terms: app@fluxlocal.com
TnV Creations · Grand Rapids, Michigan, USA