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.