Legal
Last updated August 05, 2026
We are FLUENSEA (Pty) Ltd, doing business as Fluensea (“Company”, “we”, “us”, or “our”), a company registered in South Africa.
We operate the website https://www.fluensea.co (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
We provide an interactive language acquisition platform designed primarily for self-directed learners. The Platform operates as software-as-a-service (SaaS) and provides users with specialised educational tools accessible via web and mobile interfaces.
The core functionalities, methodologies, and offerings of Fluensea include, but are not limited to:
You can contact us by email at team@fluensea.co.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and FLUENSEA (Pty) Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. Minor changes take effect when we update the “Last updated” date. For a material change — one that reduces your rights or increases your obligations in a meaningful way — we will also email you and give you a reasonable period, at least 14 days, before it takes effect. If you do not agree with a material change, you may cancel your subscription before it takes effect and we will refund the unused, pro-rata portion of your current paid term. Continuing to use the Services after a change takes effect means you accept it.
We keep every previous version of these Legal Terms and will send you the version that applied on any given date if you ask at team@fluensea.co.
Minimum age. You must be at least 13 years old to create an account, or 16 if you are in a country whose law sets that as the minimum age for using an online service without a parent’s authorisation. If you are under 18, you may use the Services only with the permission of a parent or legal guardian, and by registering you confirm that you have it. The Services are not designed for or directed at children, we do not market them to children, and we do not knowingly allow anyone below the minimum age to register. If you are a parent or guardian and you believe your child has registered without your permission, email us at team@fluensea.co and we will remove the account.
We recommend that you print a copy of these Legal Terms for your records.
In accordance with section 43 of South Africa’s Electronic Communications and Transactions Act 25 of 2002: FLUENSEA (Pty) Ltd is a private company registered in South Africa. Its registered address and email address are given above, and its website is https://www.fluensea.co. The full price of each subscription, inclusive of any tax, is shown at checkout before payment; see PURCHASES AND PAYMENT. Payment is taken by card or other method offered at checkout through our payment processor, Polar; see SUBSCRIPTIONS for the free trial, cooling-off, and cancellation terms that apply to your purchase, and PRIVACY POLICY for the security measures we and our processors use to protect payment and account data. If we fail to comply with this section, you may be entitled to cancel the transaction within 14 days of receiving the Services, as provided by section 43(2)–(3) of the Act.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’). This does not include content that belongs to third parties and is made available through the Services under its own licence or terms — for example, third-party radio and video streams, news content, and dictionary data we redistribute under an open licence such as CC BY-SA with attribution to its source — which remains subject to the rights of its respective owners and, where applicable, its own open-licence terms rather than this section. It also does not include the open-source software we use to build the Services, which remains subject to its own licence.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for use in connection with the Services.
Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable licence to:
solely to support your own use of the Services — including where that use is for work, teaching, or another commercial purpose of your own; this licence just does not let you resell, redistribute, or repackage our Content itself as a product or service.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. This restriction does not apply to a Content item that is itself provided to you under an open licence, in which case that licence governs instead.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: team@fluensea.co. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the PROHIBITED ACTIVITIES section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: If you directly send us a question, comment, suggestion, idea, or other feedback about the Services (‘Submissions’), you keep ownership of it, but you grant us a perpetual, irrevocable, royalty-free licence to use it for any purpose connected with operating or improving the Services, without acknowledgment or compensation to you. We are not obliged to treat a Submission as confidential.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a licence: posting a Contribution grants us the rights described in the CONTRIBUTION LICENCE section below.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the COPYRIGHT INFRINGEMENTS section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you meet the minimum age set out above and, if you are under 18, you have your parent’s or legal guardian’s permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All payments for the Services are processed by Polar, which acts as the merchant of record for your purchase. Polar determines and collects any VAT, sales tax, or other transaction tax that applies to your location, and it is shown in the price at checkout before you pay. Polar, not us, is the seller of record on your invoice or receipt, and Polar’s own terms govern the mechanics of the payment itself. The payment methods available to you are whichever Polar presents at checkout, which may include major payment cards and other methods depending on your location and Polar’s own supported integrations.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address and payment method, so that we can complete your transactions and contact you as needed. We may change subscription prices at any time; the price you agreed to at checkout applies for the remainder of your current billing period. All payments are in US dollars.
By placing an order you authorise Polar to charge your chosen payment method for the price shown at checkout, and for each subsequent renewal until you cancel. We reserve the right to correct any errors or mistakes in the price displayed on the Services, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services. If a renewal payment fails, we may suspend your access to paid features until it succeeds, and we will let you know so you can update your payment method.
New Submariner subscribers get a one-time 7-day free trial. The trial is available once per customer: if you have started a trial before, on this or a previous subscription, you will not be offered another one. The trial begins at checkout, which requires a valid payment method on file. If you do not cancel before the trial ends, your payment method will be charged the subscription price shown to you at checkout, for the plan and billing cycle you selected. You can cancel at any time before the trial ends, at no cost, from your account settings.
The free Snorkeler tier requires no payment and no trial. It is subject to usage limits — for example, on AI conversation minutes and available voices — described on our Pricing page, which may change from time to time. If your subscription ends or you downgrade, your account moves to the Snorkeler tier’s limits; your saved data — word bank, progress, streaks, and expedition log — is retained.
You can cancel your subscription at any time from your account settings. Cancellation stops future renewals; your access continues, and no partial refund is issued, for the period you have already paid for. This is subject to any statutory cancellation, cooling-off, or withdrawal right that applies to you under the law of your country — for example, the cooling-off right under South Africa’s Electronic Communications and Transactions Act, the withdrawal right for digital services under EU and UK consumer law, or the fixed-term cancellation right under South Africa’s Consumer Protection Act for annual plans. Where such a right applies, we will honour it. If you have any questions, believe a statutory right applies to you, or are unsatisfied with our Services, email us at team@fluensea.co.
Nothing in these Legal Terms limits any right you have under applicable law that cannot lawfully be excluded or limited by agreement.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
You may not access or use the Services for any purpose other than that for which we make the Services available. Using the Services yourself for work, teaching, or another commercial purpose of your own is fine; building a competing product on top of them, or reselling or redistributing the Services themselves, is not — see the list below.
As a user of the Services, you agree not to:
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you represent and warrant that you have the right to do so, and you grant us a non-exclusive, worldwide, royalty-free licence to host, store, cache, process, reproduce, publicly display, and publicly perform your Contributions, and to make backup and technical copies of them, for the purpose of operating, maintaining, and providing the Services — including showing your Contributions to other users where a feature (such as community audio) is designed to do that.
Marketing use. We will not use your Contributions, name, image, or voice in advertising, marketing, or any other promotional context outside the Services without your separate, revocable, opt-in consent.
Voice and AI. We do not use your voice recordings to train, fine-tune, or build a voice-synthesis or voice-cloning model, and we do not use them to generate synthetic speech that imitates you.
To the extent permitted by applicable law, you waive moral rights in your Contributions only to the extent needed for us to exercise the licence above (for example, minor formatting, captioning, or excerpting); this does not waive your right of attribution where a feature is designed to credit you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. We and the service providers we use to run the Services process data in several countries, including the European Union and the United States — our Privacy Policy’s service-provider table sets out which provider processes data where. If you access the Services from a country whose data protection laws differ from those countries, your continued use of the Services means you consent to your data being transferred to and processed in them, subject to the safeguards described in our Privacy Policy.
We respect the intellectual property rights of others, including in Content that other users import or contribute, such as articles imported into the reader. If you believe that any material available on or through the Services infringes a copyright you own or control, send a notice (a ‘Notification’) to our designated copyright agent at team@fluensea.co (mark the subject line ‘Copyright Agent’), or by mail to the address in CONTACT US below. To be effective, your Notification must include:
Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, consider first contacting an attorney.
Counter-notice. If we remove or disable your Content in response to a Notification and you believe it was removed in error, you may send a counter-notice to the same address, including: your physical or electronic signature; identification of the material removed and where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of a court where you are located (or, if outside South Africa, any court of competent jurisdiction) and will accept service from the person who filed the original Notification.
Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.
Imported content. If you use our article-import feature, you are responsible for having the right to read and store a personal copy of what you import; importing something does not give you or us any broader licence to it than the source already grants.
If you are in South Africa, you may also have take-down rights under section 77 of the Electronic Communications and Transactions Act; that regime’s limitation on our liability is only available to service providers registered with the Internet Service Providers’ Association.
These Legal Terms remain in effect while you use the Services.
If you seriously breach these Legal Terms — for example, by violating the PROHIBITED ACTIVITIES section, engaging in illegal conduct, or infringing someone’s intellectual property — we may suspend or terminate your account immediately and without notice, and may block the IP addresses involved.
For any other breach, we will give you notice of the issue and a reasonable opportunity, at least ten (10) days, to fix it before suspending or terminating your account, unless doing so would put the Services, other users, or us at risk.
We may also end the Services, or your account, for reasons unrelated to any breach by you — for example, discontinuing a product line. If we do this while you have an active paid subscription, we will refund the unused, pro-rata portion of your current paid term.
Before we delete your account, whether at your request or ours, we will give you at least thirty (30) days to export your data, except where we must delete it sooner to comply with the law or a legal request.
If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party, to get around the termination. We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of South Africa. FLUENSEA (Pty) Ltd and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms. This does not take away any protection given to you by the mandatory consumer-protection law of the country where you habitually live, which continues to apply alongside this section.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either Party brings a claim. Such informal negotiations commence upon written notice from one Party to the other Party.
If informal negotiation does not resolve the Dispute within that period, either Party may bring it in the courts identified in GOVERNING LAW above. We do not require arbitration for disputes with consumers, and nothing here stops you from bringing a claim in small-claims court where your claim qualifies.
Where the law that applies to you allows it, each Dispute will be resolved individually and not as part of a class, consolidated, or representative action. Where your local law does not allow this kind of waiver to be enforced — including South African and various EU consumer-protection law — this section does not apply to you, and you keep whatever collective-action rights that law gives you.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Some of what you see in the Services — translations, grammar explanations, pronunciation feedback, generated dialogues, and cover art — is produced by AI models. It can be wrong, incomplete, or culturally off, the way any language learner’s early guesses can be. It is not professional linguistic, medical, or legal advice, and you should not rely on it for anything beyond your own language practice.
The Services let you stream third-party radio stations and YouTube videos, and import articles from other websites into the reader. We do not own, control, or vouch for that content, and displaying or linking to it is not an endorsement. If you import an article, you are responsible for having the right to read and store a personal copy of it; see COPYRIGHT INFRINGEMENTS if you believe imported content infringes your rights.
Some features, such as AI conversation practice and pronunciation checks, ask for microphone access and record your voice. We only record while you actively use those features; you can decline microphone access, though the feature then will not work. See CONTRIBUTION LICENCE and our Privacy Policy for how recordings are used and stored.
We sometimes release features labelled beta, early access, or experimental. These are provided as-is, may change or be withdrawn at any time, and may be less reliable than the rest of the Services.
You may not use the Services if you are located in, or are a national or resident of, a country subject to a comprehensive US, EU, or UN trade embargo, or if you are on a restricted-party or sanctions list maintained by any of those authorities.
We aim to make the Services usable by people with disabilities and welcome reports of accessibility barriers at team@fluensea.co so we can address them.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE LEGAL TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY US DOLLARS (USD 50).
NOTHING IN THESE LEGAL TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; GROSS NEGLIGENCE OR WILFUL MISCONDUCT; OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Nothing in these Legal Terms limits any right you have under applicable law that cannot be excluded or limited by agreement, including any consumer-protection right you have where you live. If you need a data processing agreement or a list of the subprocessors we use to run the Services for your own compliance purposes, contact team@fluensea.co.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: