TERMS OF USE

Description of Service

Fluid UI ("the service") is a web based tool that allows users to create, edit, preview, share and export mockup versions of mobile apps. It is provided by Fluid Software Ltd ("the company").

Acceptance of Terms

By accessing or using any part of the service, you agree to the following terms and conditions governing your use of the service. If you are entering this agreement on behalf of a company or other legal entity, you represent that you have the requisite power, authority and right to act on behalf of that entity in accepting these terms and conditions. If you do not have such authority, or if you do not agree to these terms and conditions, you may not sign up and may not use the service.

This service is only available to persons over the age of 13.

Accounts

Fluid UI provides free and premium subscription accounts types as well as unregistered trial access. Each account is linked to a unique username and password. You are responsible for maintaining the security of your account at all times and are responsible for all activities related to your account when using Fluid UI. You will immediately notify Fluid Software Ltd of any unauthorized use of your account or any other breaches of security.

Only one free account is permitted for any given user. If any user is caught using multiple accounts, we reserve the right to pause those accounts and ask those users to upgrade in order to maintain access to their projects.

By signing up for a premium account and providing credit card details to Fluid Software Ltd, you authorise the company to charge that credit card the requisite amount on the agreed basis in accordance with the terms of the chosen account type. Furthermore, you agree not to dispute such charges with your credit card company. All premium account charges are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only those based on our net income.

Should your account fall into arrears the company reserves the right to suspend or terminate your account. In this case, the company cannot be held responsible for any resulting loss of data, communication or other expenses. Should your payment details change, you should contact Fluid Software Ltd within 30 days to ensure continuity of service. If you believe your bill is incorrect, you must contact the company within 30 days to be eligible to receive an adjustment or credit. Fluid Software Ltd reserves the right to terminate your access to the service upon any breach of these terms of service or in the event of any fraudulent or otherwise illegal activity.

Ownership of Content

Fluid Software will claim no intellectual property rights over material you provide to the service, nor is it responsible for that content. You understand that your content may be viewable by others who access the unique URL provided for sharing your projects. Fluid Software Ltd reserves the right to compile and share anonymous, aggregate usage data relating to the product. You agree not to duplicate, modify, copy, rent, lease, loan, adapt, reproduce, resell or create derivative works based on any component of the service without express permission from Fluid Software Ltd. You agree not to use trade marks, logos or domains associated with Fluid Software Ltd without express permission.

Disclaimer

The service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether expressed, implied, statutory or otherwise including any implied warranty of merchantability, fitness for a particular purpose or non infringement of third party rights are hereby disclaimed to the maximum extent permitted by applicable law.

Fluid Software Ltd does not represent, warrant or guarantee that :

- The use of the service will be timely, uninterrupted, error free or operate in combination with any other hardware, software, system or data

- The service will meet your requirements or expectations

- Any stored data will be accurate or reliable

- The service or the server(s) that make the service available are free of viruses or other harmful components

Fluid Software Ltd will accept no liability for indirect, punitive, special, exemplary, incidental, consequential, financial, economic or other damages of any type or kind (including loss or sharing of data including private data) arising out of or in any way connected with use of the service.

Indemnity

You shall indemnify and hold Fluid Software Ltd and its officers, co-branders, other partners and employees harmless from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of your use the service.

If you create any material (“Content”) using the service, upload Content to the service, share Content using the service, or otherwise make (or allow any third party to make) Content available by means of the service, you are entirely responsible for the content of, and any harm resulting from, that Content.

By making Content available, you represent and warrant that:

- Use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party

- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content

You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms By operating the Service, Fluid Software Ltd does not represent or imply that it endorses the Content created or shared by users of the Service, or that it believes such Content to be accurate, useful or non-harmful

The Service may also contain Content uploaded by others that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties or the downloading copying or use of which is subject to additional terms and conditions stated or unstated. Fluid Software Ltd disclaims any responsibility for any harm resulting from the use by visitors of the service.

Modification to the Service

Fluid Software Ltd reserves the right to modify, supplement, expand or discontinue the service with or without notice. Prices of all account types are subject to change upon 30 days notice. Fluid Software Ltd shall not be liable for any modification, price change, suspension or discontinuance of the service.

Fair Usage

The project sharing aspect of the service is intended to facilitate feedback for users of the service and is not intended as a broader web content hosting or sharing platform. Fluid Software Ltd, at its own discretion, reserves the right to limit or prevent access to any content which is consuming a disproportionate amount of bandwidth as compared to other users.

Modification to Terms

Fluid Software Ltd may update these Terms & Conditions from time to time at its sole discretion. Your continued access or use of the Service constitutes your acceptance of these changes. You are responsible for regularly reviewing this Agreement. Continued use of the service after any such changes shall constitute your consent to such changes. As long as you comply with these terms and conditions, Fluid Software Ltd grants you a personal, non-transferrable, non-exclusive limited privilege to enter and use the service.

PAYMENT AND REFUND POLICY

How we bill your account

Access to a Fluid UI premium account is offered via a monthly or annual subscription.

Your account will be billed when you first sign up for a premium account and either monthly or annually (depending on the account type and payment choices) after this point. If you pause a premium account, you won’t be charged again. No refund will be given for completed or partially completed billing periods.

Pausing your account and account data

A premium account can be paused by selecting pause billing in account settings.

In the event that a premium account is paused, Fluid UI will store your project for up to one year in case you need to access it. However, we strongly recommend making full backups of your content before pausing your account to avoid losing any data.

How we handle chargebacks

If we receive a chargeback we will prevent access to your account and block access to all software/services you purchased. Additionally, we forward a request to your bank regarding the reason of chargeback to check whether it complies with our Refund Policy. If it does not, we may take further action to ensure fair payment for the service.

Fluid Business Solutions Limited (“we“, “us”, “our”) is committed to protecting and respecting your privacy.This privacy policy (“Privacy Policy”) together with our Terms of Use and any other documents referred to herein set out the basis on which any personal data we collect from you, or that you provide to us when using our App, Website or services, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our Website or using our app or services you are accepting and consenting to the practices described in this Privacy Policy.For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fluid Business Solutions Limited of Level 1, Brockbourne House, 77 Mount Ephraim, Tunbridge Wells, Kent, TN4 8BS, UK.

‍1. INFORMATION WE COLLECT FROM YOU
‍We may collect and process the following data about you:

‍Information you give us. You may give us information about you by filling in forms on our website (“Website”), when registering for our app (“App”) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Website, App, subscribe to our service,  and when you report a problem with our Website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.

‍Information we collect about you. With regard to each of your visits to our Website we may automatically collect the following information:

- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

‍Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

‍2. COOKIES
‍Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve the Website. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.

We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Website. Second, we utilize session cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by users and web traffic routing on the Website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Website and then close your browser.

You can set up your browser options, to stop your computer accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use the whole of the Website or all functionality of the services.

‍3. USES MADE OF OTHER INFORMATION
‍We use information held about you in the following ways:
‍
‍Information you give to us.
We will use this information:

- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;

- to notify you about changes to our service;

- to ensure that content from our Website is presented in the most effective manner for you and for your computer.

‍Information we collect about you.
We will use this information:

- to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

- to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;as part of our efforts to keep our Website safe and secure;

- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

- to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.

‍Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

‍4. DISCLOSURE OF YOUR INFORMATION
‍We may share your personal data with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

‍We may share your information with selected third parties including:

‍Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.

Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

Analytics and search engine providers that assist us in the improvement and optimisation of our Website.Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

‍We may disclose your personal data to third parties:

‍In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If you or substantially all of your assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or Terms and Conditions and other agreements; or to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organization's for the purposes of fraud protection and credit risk reduction.

5. WHERE WE STORE YOUR PERSONAL DATA
‍The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

‍6. YOUR RIGHTS
‍You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by email or post.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

‍7. ACCESS TO INFORMATION
‍The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

‍8. CHANGES TO THE PRIVACY POLICY
‍This Privacy Policy may change from time to time and therefore you should review it regularly. We will of course notify you of any changes where we are required to do so. Changes will be posted on this page and, where appropriate, notified to you by e-mail.

This Privacy Policy was last reviewed on the 14th of November 2022 and replaces all other privacy policies previously applicable.

‍9. CONTACT
‍Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to: support@fluid.app, or please write to us at the address given at the start of this Privacy Policy.