Terms of Use

1. Agreement to these Terms

These Terms of Use (“Terms”) are a binding agreement between you and Company, operating the FluentApp service (“Company,” “we,” “us,” or “our”). They apply when you visit fluentapp.us, submit a website for review, use the optional voice feature, or otherwise use the website and related features (the “Services”). By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

A separate proposal, statement of work, order, or services agreement may apply to paid work. If a signed written agreement conflicts with these Terms for that work, the signed agreement controls.

2. Eligibility and authority

You must be at least 18 years old and able to enter a contract to use the Services. If you use the Services for a business or other organization, you represent that you are authorized to act for it and to bind it to these Terms.

3. Website requests and voice messages

You may submit a public website URL, email address, message, and optional voice recording. You represent that the information is accurate, that you have authority to ask us to review the submitted website, and that our ordinary technical inspection will not violate an agreement or another person’s rights. A request does not authorize us to bypass access controls, exploit a system, or perform destructive testing.

The microphone activates only when you choose to start recording. You must not record or submit another person’s voice or confidential information without all legally required notice and consent. The recording may be sent to a service provider for transcription, and the resulting text can be included in your request. Review the transcript before submitting it; automated transcription may contain errors, especially for names, technical terms, or noisy audio.

You retain ownership of material you submit. You grant Company a nonexclusive, worldwide, royalty-free license to host, copy, analyze, transcribe, and otherwise use it only as reasonably necessary to operate the Services, evaluate your request, communicate with you, provide requested work, secure the Services, and comply with law.

4. Free feedback, estimates, and paid services

Free feedback is preliminary and may be limited by the information available, device conditions, third-party systems, or time. A displayed price, range, timeline, discount, or estimate is informational and is not a binding offer. Scope, fees, success criteria, testing conditions, schedule, and payment terms for paid services must be confirmed in a separate written agreement.

You remain responsible for business decisions, backups, access permissions, regulatory obligations, and deciding whether to implement a recommendation. Website behavior can change after testing because of hosting, content, plugins, third-party code, browsers, devices, or changes made by others.

5. Acceptable use

You may not use the Services to:

• break the law, violate another person’s rights, or submit information you are not permitted to provide;
• request unauthorized access to, surveillance of, or testing against a website or system;
• introduce malware, interfere with operation, evade rate limits or security checks, scrape at unreasonable volume, or attempt to discover credentials or nonpublic data;
• impersonate another person, provide deceptive contact information, or send spam;
• reverse engineer the Services except where applicable law prohibits that restriction; or
• use output to make unlawful, discriminatory, or harmful decisions.

We may restrict or terminate access, reject a request, or preserve and disclose relevant information where reasonably necessary to investigate abuse, protect people or systems, or comply with law.

6. Intellectual property

The Services, branding, designs, text, software, and Company-created materials are owned by Company or its licensors and are protected by intellectual-property laws. Subject to these Terms, Company grants you a limited, revocable, nonexclusive, nontransferable right to use the public website for its intended purpose.

Unless a separate written agreement provides otherwise, no ownership in Company tools, methods, templates, preexisting materials, or general know-how transfers to you. Rights in project deliverables, if any, will be stated in the applicable written agreement.

7. Third-party services and links

The Services rely on or link to third-party services, including infrastructure, security, email, and transcription providers. Their services may be unavailable, change, or be governed by separate terms and privacy policies. Company is not responsible for third-party websites or services it does not control.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL FREE FEEDBACK ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you. Nothing in these Terms excludes a right that cannot lawfully be waived.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS, PERSONNEL, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY AND THOSE PARTIES FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT OR (B) US $100.

These limitations apply to the extent allowed in your jurisdiction and do not limit liability that cannot legally be limited.

10. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Company and its owners, personnel, contractors, and suppliers from third-party claims, damages, liabilities, and reasonable costs arising from your submitted material, your unlawful or unauthorized use of the Services, or your material breach of these Terms. This obligation does not apply to the extent a claim results from Company’s own unlawful conduct.

11. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to any nonwaivable right under applicable law, a dispute must be brought in a state or federal court in California that has jurisdiction over Company and the dispute. Before filing a claim, you and Company agree to make a good-faith effort for 30 days to resolve it informally by written notice. Nothing prevents either party from seeking urgent injunctive relief or using small-claims court where eligible.

12. General terms

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without Company’s written consent; Company may assign them in connection with a reorganization, financing, merger, or sale of the business. These Terms, together with the Privacy Policy and any applicable signed agreement, are the entire agreement about the subject they cover.

We may update these Terms prospectively. The revised version will be posted here with a new effective date, and additional notice will be provided where required. Material changes do not retroactively alter a signed services agreement unless that agreement allows it.

13. Contact

Questions or legal notices about these Terms may be sent to:

Company
Operating as FluentApp
support@fluentapp.us