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Fluincy, inc. Terms of Service
Last Updated: March 14, 2024
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Fluincy, inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.1 (“Standard Terms”). Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cover Page
Order Form
Cloud Service: Fluincy helps businesses uncover referral revenue from everyday conversations. Fluincy integrates with recording and transcription services in order to discover customer problems that partners can solve and then makes the caller aware of those partners through messaging.
Subscription Start Date: The Effective Date
Subscription Period: 1 month(s)
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Use Limitations: The license granted herein permits the distribution of the Product solely up to the number of user seats purchased by the Customer. The Customer agrees to a monthly review process, whereby the actual number of users utilizing the Product will be reconciled ("trued up") against the number of user seats initially purchased. Any discrepancies resulting in the use of the Product by more users than the number of purchased seats will be reflected and adjusted for in the subsequent invoice issued to the Customer. The Customer acknowledges and agrees to pay for any additional user seats as may be required based on the monthly reconciliation process.
SLA: Provider will use commercially reasonable efforts to provide and maintain the Cloud Service without excessive errors and interruptions. If Provider does not meet the SLA in two consecutive months or over three months in any 12-month period, then Customer may, as its only remedy, terminate this Order Form upon notice and receive a prorated refund of prepaid fees for the remainder of the Subscription Period.
Technical Support: Scope of Support Services: The Provider agrees to offer technical support services for Fluincy User License ("Product") which shall include assistance with troubleshooting, diagnosis of issues, and guidance on the use of the Product.
Availability: Technical support services will be available to the Customer from 9AM MST to 5PM MST, Monday-Friday, excluding public holidays and periods of planned maintenance. The Provider reserves the right to modify the support hours upon giving 10 days' notice to the Customer.
Support Channels: The Customer may request technical support services through the following channels: Email: support@getfluincy.com, Phone: +1 303-946-6272, Community Portal and Kbase: https://forum.getfluincy.com. Requests for technical support must include a detailed description of the issue, affected Product version, and any relevant system or operational logs that could assist in diagnosing the problem.
Response Time: The Provider commits to acknowledging receipt of a technical support request within 24 hours of submission. Actual resolution time will depend on the complexity of the issue and available resources. The Provider will make reasonable efforts to resolve issues promptly, adhering to the following priority levels:
Critical: impacting significant aspects of operations, addressed within 2 Hours.
High: affecting limited functionality, addressed within 24 Hours.
Medium: minor impact, addressed within 1 Week.
Low: minimal impact, information requests, addressed within 1 Month.
Customer Responsibilities: The Customer is responsible for (a) providing detailed information regarding any issues encountered, (b) cooperating with the Provider in diagnosing issues, and (c) implementing recommended solutions and patches. The Customer must ensure that their use of the Product is compliant with the terms of the agreement, including maintaining a valid license.
Exclusions: The Provider's technical support services do not extend to issues resulting from (a) modifications of the Product not made or authorized by the Provider, (b) use of the Product in a manner not in accordance with the documentation or agreement, (c) third-party hardware or software, or (d) external causes such as accidents, abuse, or other actions or events beyond the reasonable control of the Provider.
Terms of Service Modifications: The Provider reserves the right to modify the terms of the technical support services, including availability, response times, and procedures, upon giving 10 days' notice to the Customer. Any such modifications will be communicated to the Customer in writing.
Cloud Service Fees: Section 5.2 of the Standard Terms is replaced with: Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page (https://www.getfluincy.com/pricing). Within the Payment Period, Customer will pay Provider fees based on the Product tier selected at the time of account creation and Customer’s usage per Subscription Period. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period. Modifying Section 5.1, fees are inclusive of taxes.
Payment Period: 5 day(s) from Customer's receipt of invoice
Invoice Period: Monthly
Professional Services: Fluincy professional services include partner onboarding, partner keywords analysis, partner keyword list creation, and Salesforce implementation for partner attribution.
Key Terms
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Fluincy, inc.
Effective Date: The date Customer first accepts this Agreement.
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount:The fees paid or payable by Customer to provider in the 12 month period immediately before the claim
Governing Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
Notice Address:
For Provider: support@getfluincy.com
For Customer: The main email address on Customer's account
Insurance Minimums: Commercial general liability with a minimum limit for each occurrence of at least $1,000,000.00 and at least $2,000,000.00 in the aggregate
Attachments and Supplements
DPA: www.getfluincy.com/legal/data-processing-agreement
Security Policy: Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering.
Security Policy available at: https://www.getfluincy.com/legal/privacy-policy
Changes to the Standard Terms
Publicity Rights: Modifying Section 14.7 of the Standard Terms, Provider may identify Customer and use Customer’s logo and trademarks on Provider’s website and in marketing materials to identify Customer as a user of the Product. Customer hereby grants Provider a non-exclusive, royalty-free license to do so in connection with any marketing, promotion, or advertising of Provider or the Product during the length of the Agreement.