Terms and Conditions

Last modified: 1st January 2026

The following are the terms and conditions for use of fluctor - a Product of arithmo AI e.U. ("fluctor", "we", "us", and "our") website and services (the "Services"). Please read them carefully. By using the Services or clicking on the "I agree" button, you agree to be bound by all of the Terms set out in these Terms of Use (the "Terms"). If you do not agree to the Terms do not use the Services.

1. YOUR ACCOUNT

A fluctor account gives you access to the Services and functionality that we may establish and maintain from time to time. We may maintain different types of accounts which allow users to work within different features, and file number limitations.

Users are solely responsible for the activity that occurs on their account and must keep their account password confidential and secure. You shall notify fluctor immediately of any unauthorized use of your account. fluctor will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you may be held liable for losses incurred by fluctor or another party due to someone else using your account or password. You may not use anyone else's account at any time. In the event that access to your account is suspended or terminated, fluctor shall not be liable to you or any third party for suspension or termination of your account, unless prohibited by applicable law.

2. USE OF THE SERVICE AND USER CONDUCT

Any actual or attempted commercial use of any Services by you, such as charging or attempting to charge third parties a fee to process third parties' documents by running them through the Services or reselling Services accounts to others, is expressly prohibited. You may use the Services for your personal needs or your internal business needs. For clarity, 'internal business needs' means the use of the Services for the benefit of your organization's internal operations and work environment (which includes circulating your business documents for processing). You agree that your use of the Services will at all times comply with all applicable local, provincial, state, federal, national and international laws and regulations, and that you are solely responsible for all acts or omissions that occur under your account, including the content of documents you submit to the Services. fluctor is not obligated to provide any technical support for your use of the Services. The terms of our Privacy Policy from time to time are incorporated into these Terms by reference and apply to the Services. To the extent any of your personal data is processed by fluctor on your behalf, our Data Processing Agreement will apply.

2.1. Restrictions on Use

You agree not to attempt to decompile, disassemble, modify, reverse engineer or translate the software used within the Services or otherwise attempt to learn the source code of any software or Services we provide to you. You are not authorized to alter, modify, copy, edit, format, or create derivative works of any technology used to provide the Services.

Furthermore, the following actions are prohibited while using the Services or functionality we provide to you as part of the Services:

  • enabling or allowing others to use the Services, software, or content using your account information;
  • Hosting or streaming the Services, software or functionality used to provide the Services;
  • using the functionality or software included in the Services to construct any kind of database;
  • circumventing any access or use restrictions put into place to prevent certain uses of the Services;
  • uploading or transmitting any content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable;
  • uploading or transmitting any content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national, or international law;
  • sharing content or engaging in behavior that violates anyone's Intellectual Property Rights ("Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
  • attempting to disable, impair, or destroy the Services, software, or hardware;
  • engaging in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
  • placing advertisements of any products or services in the Services except with our prior written consent;
  • using any data mining or similar data gathering and extraction methods in connection with the Services;
  • framing or utilizing framing techniques to enclose any fluctor trademark, logo or other proprietary information without fluctor's express written consent;
  • encrypting or protecting files in countries where this is prohibited;
  • running any vulnerability or authentication tests.

2.2 Age Restrictions

You may only use the Services if you are 18 years of age (or the age of majority in your home jurisdiction to lawfully enter into and form contracts in accordance with applicable local laws) or older.

3. DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available" without any express or implied warranty or condition of any kind including, but not limited to, warranties or conditions of merchantable quality, merchantability, durability, noninfringement of Intellectual Property Rights, fitness for any particular purpose, that stored documents will be preserved without loss or that the Services will be uninterrupted, timely, or error-free, or that defects will be corrected. While fluctor attempts to ensure your access and use of the Services is safe, fluctor cannot and does not represent or warrant that the Services or its server(s) are free of viruses or other harmful components. Certain jurisdictions do not permit the disclaimers in this paragraph, so they may not apply to you.

fluctor does not accept liability for the system provided meeting all the customer's requirements and achieving the desired (including economic) success for the customer.

fluctor does not exclude or limit its liability to you where it would be illegal to do so—this includes any liability for fluctor's fraud or fraudulent misrepresentation in providing the Services. In countries where the exclusions below are not allowed, we are responsible to you only for damages that are a reasonably foreseeable result of our failure to use reasonable care or our breach of the Terms.

In countries where exclusions or limitations of liability are allowed, fluctor shall only be liable in cases of intent, whereby claims for damages shall be limited to the amount paid by the customer during the previous 12 month period.

Therefore, in no event shall fluctor or its officers, directors, employees, contractors, suppliers, and agents ("fluctor parties"), be liable for any damages whatsoever (including, without limitation, for any direct, special, indirect, consequential, incidental, punitive or exemplary damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, business interruption, or loss of information), arising out of the use of, inability to use or reliance upon the Services, even if fluctor has been advised of the possibility of such damages.

Further, fluctor is not liable for the content, accuracy or completeness of the data entered into the system by the customer. fluctor is not liable for damages resulting from the fact that the customer fails to comply with statutory regulations, such as data protection laws, or official requirements or infringes the intellectual property of third parties.

All claims for compensation shall become statute-barred no later than 12 months after the customer becomes aware of the damage and the party causing the damage.

4. INDEMNIFICATION

You agree to indemnify and hold fluctor, its parents, subsidiaries, affiliates, officers and employees, harmless of and from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your content or your use of or conduct with regard to the Services.

5. MODIFICATION AND TERMINATION

To the extent permitted under applicable law, fluctor reserves the right to discontinue offering all or part of the Services or to modify the Services at any time, without any liability to you or anyone else, in its sole discretion. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease using the Services. fluctor, in its sole and exclusive discretion, may suspend or terminate your access to the Services if: (a) you violate the Terms either in letter or in spirit; (b) If you fail to make timely payments of fees for the Services; (c) if we are required to do so by law; and (d) if we choose to discontinue the Services, in whole or in part. If you are a user of a free account, fluctor may terminate the Services with or without cause upon 30 days' notice to you. Upon termination of the Services, your right to use the Services immediately ceases.

6. CHANGES TO TERMS

fluctor reserves the right to change the Terms at any time and to notify you by posting an updated version of the Terms on the website and any other reasonable means as fluctor deems appropriate. If you do not agree to these changes, then you must stop using the Services. Your continued use of the Services constitutes your agreement to be bound by all of these Terms as amended by us from time to time.

7. SANCTION AND EXPORT RESTRICTIONS

Any use of the Services shall be in compliance with all relevant international, U.N., Canada, USA or EU sales, export or import restrictions and regulations and you agree to comply with them. You represent and warrant that you are not located in a country that is subject to embargo, or that has been designated by the United States as a "terrorist supporting" country; and that you are not listed in any Canadian, United States or EU sanction list of prohibited or restricted parties.

8. GOVERNING LAW

These General Terms and Conditions shall be subject to Austrian law with no recourse to its conflict of law rules and the Rome I Regulation. In the event of any legal claims arising from either party, the competent court in Vienna, Austria shall have the exclusive jurisdiction. In case the user is a consumer, special consumer protection provisions of the law of the country in which the consumer has their habitual residence take precedence over Austrian law.

9. BILLING AND RENEWAL

If you decide to purchase a paid subscription to any of the Services, you will be charged the stated fee in advance on a monthly or yearly basis or some other recurring interval disclosed to you prior to your purchase. We may change the price for the paid subscription from time to time and will communicate any price changes to you at least 30 days in advance. We will automatically bill the subscription fee to your plan until your subscription is cancelled or terminated. We do not provide refunds except in cases requested by mandatory law or where otherwise explicitly communicated to you.

10. OWNERSHIP OF IP

We (and our licensors) remain the sole owner of all right, title, and interest relating to or embodied in the Services, including all Intellectual Property Rights related thereto. We reserve all rights not granted under these Terms. We do not claim any ownership rights to your content.

11. FILE STORAGE

If file storage is provided, the following terms will apply:

  • fluctor uses TLS encryption and shall have in place documented written policies and procedures covering administrative and technical safeguards relevant to the access, use, loss, alteration, disclosure, storage, destruction and control of information, including encryption of data in storage and in motion over public networks, virus detection and firewall utilization.
  • fluctor shall not access users' stored files, except to respond to service or technical problems or at users' request or except as compelled by law.
  • In the event of unauthorized access to your files, fluctor will endeavour to promptly notify you of such unauthorized access.
  • Upon request made within 30 days after the effective date of termination of your use of your account, fluctor will make available to you for download your files in their native format. After such 30-day period, fluctor shall have no obligation to maintain or provide any files.

12. MISCELLANEOUS

12.1. Event Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.

12.2. Assignment. We may assign or transfer our rights and obligations under these Terms to another organisation without consent. You may only assign or transfer your rights or obligations under these Terms to another person if we agree in writing.

12.3. Waiver and Severability. The failure of fluctor to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

12.4. Entire Agreement. These Terms are the entire agreement between fluctor and you regarding the use of the Services, and these Terms supersede and replace any prior agreements between fluctor and you regarding the same.

12.5. Interpretation. The headings to, and the division of these Terms into Sections are for ease of reference only and will not in any way affect or be used in interpreting any of the provisions of these Terms.