Flux Terms of Service

1. What Flux is, and what it is not

Flux is a tool for construction hauling. Contractors create work orders. Brokers accept them and assign drivers and trucks. Drivers check in at the job site and record their loads. Flux turns those records into tickets and invoices that the companies can use between themselves.

Flux is a record-keeping and coordination tool. Flux is not a party to the hauling. In particular:

• Flux is not a contractor, a broker, a carrier or an employer of drivers.
• The agreement to do the work, the rates, and the obligation to pay are between the contractor and the broker, and between the broker and its drivers. Flux is not part of those agreements and does not guarantee that anyone performs or pays.
• Flux does not handle money between you. It does not collect, hold or send payments.
• Flux does not check licences, insurance, permits, trucks or drivers. Each company is responsible for whom it works with.

2. Accounts

• You must be at least 18 and able to enter into a contract.
• Give accurate information and keep it up to date.
• Keep your password to yourself. You are responsible for what is done with your account. Tell us at once at contact@fluxtechnologies.co if you think someone else has used it.
• A company's account is managed by the people that company makes administrators. They can add and remove users and decide what each one may do. The company is responsible for everyone it adds.
• A broker invites a driver by email. The driver sets up their own account and accepts or declines the invitation. A driver's account is linked to the broker or brokers whose invitation the driver accepted. A broker can remove a driver from its list.
• One person, one account. Do not share accounts.

3. Using Flux properly

You agree not to:

• enter information you know is false, including check-ins, loads, photos, times or locations that did not happen as recorded;
• use Flux for anything illegal, or to harm another person or company;
• try to see or change another company's information;
• try to break, overload, copy or reverse engineer the service, or get around its limits;
• use automated tools to pull data out of Flux, except through features we provide for that;
• resell the service or let others use it under your account.

Safety comes first. Do not handle your phone while driving. Use the app only when your vehicle is safely stopped, and follow the law, your company's rules and the job site's rules at all times. Nothing in Flux asks you to do otherwise.

4. Your information and your records

• You keep ownership of what you and your company put into Flux: projects, work orders, photos, tickets, comments and the rest.
• You allow us to use it to run the service: to store it, show it to the people who are meant to see it, build tickets and invoices from it, back it up, and send notices about it.
• Records are shared between the companies on a job. That is the purpose of Flux. A contractor and its broker see the same work orders, check-ins, loads, photos, tickets and invoices for their job. A driver's name, phone number, check-in times and the places and photos of their loads are visible to their broker and to the contractor of that job. Once a record has been shared with another company in this way, that company may keep and use it for its own business records.
• Location and photos. The phone apps use your phone's location and camera to record that work happened where and when it was recorded. You can switch these off in your phone's settings, but check-in and load recording will then not work.
• Our Privacy Policy explains what we collect and why. It is part of these terms.

5. Tickets, invoices and amounts

Flux calculates tickets and invoices from what was recorded: check-in and check-out times, loads, the rate and rules on the work order, and adjustments a user enters. Flux also marks records that look unusual, for example a load without a confirmed drop-off.

• You are responsible for checking them. Review each ticket and invoice before you rely on it, pay it or send it on. Flux shows the records behind every amount so you can.
• Flux does not decide disputes. If a contractor and a broker, or a broker and a driver, disagree about an amount, a time or a load, they settle it between themselves. Flux can show what was recorded and when.
• A marker or the absence of a marker is information, not a judgement that a record is right or wrong.

6. Price

Flux is free to use during its early access period. We may introduce prices later. If we do, we will tell you at least 30 days before, and you can stop using Flux before they apply.

7. The service changes, and it can fail

• Flux is being built. We add, change and remove features. We will tell you beforehand about a change that takes away something you rely on, when we reasonably can.
• We work to keep Flux running and your records safe, with daily backups. But we do not promise that the service will always be available, free of errors, or that no record will ever be lost. Keep your own copies of the tickets and invoices that matter to your business; Flux lets you download them.
• Maps, weather and notifications come from other companies' services and can be wrong or unavailable. Do not rely on them for safety or for anything where an error would cause harm.
• The phone apps need a working internet connection and location signal on site. Flux is not responsible for records that could not be made because of the connection, the signal or the phone.

8. Our rights in Flux

The Flux software, design, name and logo belong to Flux Technologies LLC. These terms let you use the service; they do not give you ownership of any part of it. If you send us ideas or feedback, we may use them without owing you anything.

9. Ending or suspending use

• You can stop using Flux at any time. A company's administrator can ask us to close the company's account by writing to contact@fluxtechnologies.co.
• We may suspend or close an account that breaks these terms, puts the service or other users at risk, or has been inactive for a long time. When we reasonably can, we will warn you first and give you a chance to fix the problem.
• After an account closes, we handle your information as the Privacy Policy describes. Records already shared with another company stay with that company. On request made within 30 days of closing, we will give a company a copy of its tickets and invoices.

10. No warranties

Flux is provided "as is" and "as available". To the fullest extent the law allows, we make no promises about the service beyond what these terms say, including any implied warranty that it is fit for a particular purpose, that it will not be interrupted, or that its calculations and records are free of error.

11. Limit of our liability

To the fullest extent the law allows:

• Flux is not liable for lost profits, lost revenue, lost business, lost data, or any indirect or consequential loss, however it arises.
• Flux is not liable for what another user does or fails to do, including a contractor, broker or driver not performing, not paying, or recording something wrongly.
• Flux's total liability to you for everything connected with the service is limited to the greater of (a) what you paid Flux in the 12 months before the claim arose, and (b) 100 US dollars.

Nothing in these terms limits liability that the law does not allow to be limited.

12. Your responsibility to us

If someone brings a claim against Flux because of information you entered, work you did or did not do, a dispute between you and another user, or your breaking of these terms or the law, you will cover Flux's reasonable costs and losses from that claim. We will tell you about the claim promptly.

13. Law and disputes

These terms are governed by the laws of the State of Texas, United States, without regard to its rules on conflicts of law. Disputes will be heard by the state or federal courts located in Texas, and you and Flux accept those courts. Before going to court, each side will first try in good faith to settle the matter by writing to the other; for Flux, write to contact@fluxtechnologies.co.

14. Changes to these terms

We may change these terms. We will post the new version here with a new date. If a change is important, we will tell you by email or in the service at least 14 days before it takes effect. If you keep using Flux after that, you accept the new terms.

15. General

• If part of these terms cannot be enforced, the rest still applies.
• If we do not act on a breach, we have not given up the right to act later.
• You may not transfer your rights under these terms to someone else without our agreement. We may transfer ours as part of a sale or reorganisation of Flux.
• These terms, with the Privacy Policy, are the whole agreement between you and Flux about the service.

16. Contact

Flux Technologies LLC
c/o Republic Registered Agent LLC, 17350 State Hwy 249, Ste 220, Houston, TX 77064
contact@fluxtechnologies.co