Terms of Service

Acceptance of These Terms

These Terms of Service ("Terms") govern your use of the website at thefluxdigital.com and your dealings with The Flux Digital ("The Flux Digital," "we," "us," or "our"). By using our website, you agree to these Terms. If you do not agree, please do not use the website.

If you use our website or engage our services on behalf of a business, you confirm that you have authority to accept these Terms for that business. You must be at least 18 years old to engage our services.

Our Services

The Flux Digital is a digital marketing agency based in Frisco, Texas. We offer search engine optimization (SEO), web development, eCommerce, WordPress and Shopify development, and digital marketing services, including paid advertising management.

Descriptions of our services on this website are general information, not an offer. Each paid engagement is governed by a written proposal, statement of work, or service agreement (an "Agreement") that sets out the scope, deliverables, timeline, and fees. If an Agreement conflicts with these Terms, the Agreement controls for that engagement.

Use of the Website

You may use our website for lawful purposes and in line with these Terms. You agree not to:

• Use the website in any way that violates applicable law
• Attempt to gain unauthorized access to the website, its servers, or any connected systems
• Introduce malware, or interfere with or disrupt the website's operation
• Scrape, copy, or harvest content or data from the website by automated means in a way that burdens the website or violates these Terms
• Send spam, false information, or unlawful content through our contact form or chat
• Impersonate any person or misrepresent your affiliation

Our blog articles, guides, and other content are provided for general information only. They are not professional, legal, or financial advice for your specific situation.

Intellectual Property

The website and its content, including text, graphics, logos, designs, and code, are owned by The Flux Digital or our licensors and are protected by copyright, trademark, and other laws. You may view and share our pages for personal or internal business use, with attribution. You may not reproduce, modify, or republish our content for commercial purposes without our written permission.

Ownership of work we create for clients, and any licenses to it, are set out in the applicable Agreement.

Client Content and Responsibilities

When you work with us, you may provide text, images, logos, product data, account access, and other materials ("Client Content"). You confirm that you own or have the right to use all Client Content and that it does not infringe anyone's rights or break any law. You give us permission to use Client Content as needed to perform our services.

As a client, you are responsible for:

• Providing accurate information, timely feedback, and the access we need to do the work
• The accuracy and legality of your products, services, offers, and claims, including in ads and website copy you approve
• Keeping your own accounts, such as hosting, domain, analytics, and ad accounts, in good standing, and keeping backups of your data
• Complying with the laws that apply to your business, including privacy and consumer protection laws

Delays in providing content, approvals, or access may affect timelines and results.

Quotes and Payment

Quotes and estimates are based on the information available at the time and are valid for the period stated in them. Fees, billing schedules, payment terms, and cancellation terms are governed by your Agreement. Unless your Agreement says otherwise, advertising budgets paid to platforms such as Google or Meta are separate from our fees and are subject to those platforms' own terms. Prices shown or discussed on this website are for general guidance and do not create a binding offer.

No Guarantee of Specific Results

Search engines, AI answer engines, and advertising platforms control their own algorithms, ranking systems, ad auctions, and policies, and they change them often without notice. Results also depend on your industry, location, competition, budget, website, and other factors outside our control.

For these reasons, we do not guarantee any specific search engine ranking, position, traffic level, number of leads, sales, return on ad spend, or other business result. Case studies, examples, and statistics on our website describe specific past work and are not a promise that you will get the same results. Any targets or estimates we discuss are goals, not guarantees.

Third-Party Platforms

Our services often involve third-party platforms and tools, such as Google (including Google Search, Google Ads, and Google Analytics), Meta (including Facebook and Instagram), Shopify, and WordPress. Your use of those platforms is subject to their own terms and policies. We are not responsible for their availability, performance, policy decisions, account suspensions, fees, or changes, and we are not affiliated with or endorsed by them unless we state otherwise.

Google, Meta, Facebook, Instagram, Shopify, WordPress, and other product names mentioned on this website are trademarks of their respective owners.

Our website may link to third-party websites. We do not control and are not responsible for their content or practices.

Disclaimers

To the fullest extent permitted by law, the website and its content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. Any warranties for paid services are only those stated in your Agreement.

Limitation of Liability

To the fullest extent permitted by law, The Flux Digital and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, rankings, or goodwill, arising out of or related to the website or our services, even if we have been told such damages are possible.

To the fullest extent permitted by law, our total liability for any claim arising out of or related to the website or our services will not exceed the greater of (a) the fees you paid us for the services giving rise to the claim during the 12 months before the claim arose, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless The Flux Digital and its owners, employees, and contractors from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your misuse of the website, your violation of these Terms or applicable law, or Client Content or other materials you provide to us.

Termination

We may suspend or end your access to the website at any time if we believe you have violated these Terms. Termination of a paid engagement is governed by your Agreement. Sections of these Terms that by their nature should survive, such as intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive termination.

Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Any dispute arising out of or related to these Terms or the website will be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the jurisdiction of those courts, unless your Agreement provides otherwise.

Changes to These Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. Changes apply from the time they are posted, and your continued use of the website after that means you accept the updated Terms. Changes do not affect an Agreement already in place unless both parties agree in writing.

Contact Us

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