Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the FluxHarbor website (fluxharbor.pro) and services provided by FluxHarbor S.L. ("FluxHarbor", "we", "our", or "us"). By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Services Description

FluxHarbor provides food technology solutions for restaurants and food service providers, including but not limited to kitchen management systems, performance analytics, supply chain integration, and food safety solutions. Our services are designed to optimise operations, ensure compliance, and improve efficiency in food service environments.

User Obligations

When using our website and services, you agree to:

Provide accurate, current, and complete information when requested
Maintain the confidentiality of any account credentials
Use our services only for lawful purposes and in accordance with these Terms
Not interfere with or disrupt our services or servers
Not attempt to gain unauthorised access to any part of our services
Comply with all applicable laws and regulations
Respect the intellectual property rights of FluxHarbor and third parties

Prohibited Uses

You may not use our website or services:

For any unlawful purpose or to solicit others to perform unlawful acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To spam, phish, pharm, pretext, spider, crawl, or scrape

Intellectual Property

All content, features, and functionality on our website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of FluxHarbor or its content suppliers and are protected by Spanish and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without our prior written consent.

Service Availability

We strive to maintain the availability of our services but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.

Payment Terms

If you purchase services from FluxHarbor, you agree to pay all charges associated with your account. Payment terms will be specified in separate service agreements or invoices. All prices are in Euros unless otherwise stated. We reserve the right to change our prices at any time, with appropriate notice for existing customers.

Limitation of Liability

To the fullest extent permitted by applicable law, FluxHarbor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services. Our total liability to you for any damages arising from or related to these Terms or your use of our services shall not exceed the amount paid by you to FluxHarbor in the twelve months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless FluxHarbor and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of our services or your violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Valencia, Spain. If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence.

Dispute Resolution

We prefer to resolve disputes amicably through direct communication. If you have any concerns or disputes, please contact us first at legal@fluxharbor.pro. For consumer disputes, you may also use the European Commission's Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Force Majeure

FluxHarbor shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. Material changes will be communicated through our website or by email to registered users. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and FluxHarbor concerning our services and supersede all prior or contemporaneous communications and proposals.

Contact Information

If you have any questions about these Terms of Service, please contact us:

FluxHarbor S.L.
Legal Department
Avenida de la Constitución 110
46619 Valencia, Spain
Email: legal@fluxharbor.pro
Phone: +34 967 852 218

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