Fluincy, inc. Terms of Service
Last Updated: October 22, 2022
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 1.0 (“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.
Cloud Service: Fluency is a sales enablement software that helps sellers to sell more, faster by linking relevant enablement content to sellers at the point of sales opportunity. This agreement includes Partner Fluent, which alerts sellers when there is a relevant partner overlap for a meeting with a customer or prospect and connects them with the content that prepares them for that meeting.
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: Partner Fluent has a limitation of 25 users before moving into Partner Fluent+ which has a limit of 100 users. Partner Fluent also limits customers to one calendar integration, one partner data integration, and one messaging service integration.
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: Support Email: email@example.com
Support Phone: 720-213-8067
Support Hours: 8-5 MT Monday-Friday
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 the last day of the Subscription Period
Invoice Period: Monthly
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.
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 claimGoverning Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
Notice Address: For Provider: firstname.lastname@example.org
For Customer: The main email address on Customer's account
Attachments and Supplements
DPA: DPA Link
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: http://www.getfluincy.com/legal/privacy-policy