Terms of service

By using the services provided by Fluctum, you agree to be bound by the following terms and conditions (the "Terms of Service").

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

To access or use our Services, you must be at least 18 years of age and possess the legal authority to enter into these Terms. If you are not at least 18 years of age, you must not access or use our Services.

3. Description of Services

Fluctum provides Shopify support and consulting services, including store setup, custom theme development, app integration, migration, conversion optimization, SEO, and ongoing maintenance (collectively, the "Services").

4. User Account

In order to access certain features of our Services, you may be required to create an account with Fluctum. You agree to provide accurate, current, and complete information when creating your account and to promptly update your account information as necessary.

5. Intellectual Property Rights

All content and materials provided through our Services, including but not limited to text, graphics, logos, and images, are the property of Fluctum or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services and content for your personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from any content provided through our Services without our prior written consent.

6. Third-Party Links and Resources

Our Services may contain links to third-party websites and resources. We do not endorse and are not responsible for the content, products, or services available from such third-party websites or resources. You acknowledge and agree that Fluctum is not responsible or liable for any damage or loss resulting from your use of or reliance on any third-party content, products, or services.

7. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. Fluctum disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be error-free, uninterrupted, secure, or free from viruses or other harmful components.

8. Limitation of Liability

In no event shall Fluctum, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your access to or use of our Services, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fluctum, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorney's fees, arising out of or in connection with your access to or use of our Services, your violation of these Terms, or your infringement of any third-party rights.

10. Termination

We reserve the right to terminate or suspend your access to our Services, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to access and use our Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. our Services, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to access and use our Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to These Terms

We reserve the right to update or modify these Terms at any time and at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes. We encourage you to periodically review these Terms to stay informed about our practices.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Latvia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Riga, Latvia for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

14. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by Fluctum to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

Fluctum

Silmaču iela, 1

Riga, Latvia, LV-1012

hello@fluctum.com

16. Entire Agreement

These Terms constitute the entire agreement between you and Fluctum with respect to your access and use of our Services and supersede all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter hereof.

17. Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We may assign, delegate, or transfer our rights and obligations under these Terms, in whole or in part, without notice or your consent, to any person or entity, including but not limited to our affiliates, successors, or assigns.

18. Force Majeure

Fluctum shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, strikes, pandemics, government action, or any other event or condition that is beyond our reasonable control.

19. Notices

Any notices or other communications required or permitted by these Terms shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail (postage prepaid, return receipt requested), or by email, to the address or email address specified in your account or as otherwise provided by you.

20. Independent Contractors

You and Fluctum are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

21. Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

22. Interpretation

In the event of any conflict or inconsistency between the provisions of these Terms and any other terms or policies referenced herein, the provisions of these Terms shall prevail.

23. Language

These Terms have been prepared in English, and the English version shall control in the event of any discrepancies between the English version and any translation thereof.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.