1. Introduction

These Terms and Conditions (“Terms”) govern the access to and use of the website located at https://lessflux.com, the LessFlux platform, the LessFlux API, the LessFlux WordPress plugin, and any related products, software, services, features, content, applications, websites, technologies, or functionalities provided by LessFlux S.R.L. (collectively, the “Services”).

The Services are provided by LessFlux S.R.L., a company incorporated and existing under the laws of Romania, having its registered office at Strada Petunilor Nr. 14, Sat Preajba, Comuna Malu Mare, Județ Dolj, Romania, registered under tax identification number CUI 52902421 (“LessFlux”, “we”, “us”, or “our”).

By creating an account, accessing, installing, integrating, connecting to, or otherwise using any of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as any additional policies, guidelines, or documents expressly incorporated herein by reference, including our Privacy Policy, Cookie Policy, Data Processing Addendum, and any applicable service-specific terms.

If you are accessing or using the Services on behalf of a company, organization, governmental entity, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such case the terms “you” and “your” shall refer to both the individual accessing the Services and the applicable entity.

If you do not agree to these Terms, you must not access, install, integrate, connect to, or use the Services.

The Services are intended for individuals and entities capable of entering into legally binding agreements under applicable law. By using the Services, you represent and warrant that you possess the legal capacity, authority, and right to enter into and comply with these Terms.

LessFlux may modify, update, suspend, discontinue, replace, or enhance any aspect of the Services at any time, subject to applicable law and these Terms. Continued use of the Services following any modification of these Terms constitutes acceptance of the revised Terms unless otherwise required by applicable law.

These Terms constitute a legally binding agreement between you and LessFlux and govern your use of the Services unless superseded by a separate written agreement executed between you and LessFlux.

2. Definitions

For the purposes of these Terms, the following capitalized terms shall have the meanings set forth below:

“Account” means a registered user account created to access and use the Services.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

“API” means the application programming interfaces, endpoints, credentials, authentication mechanisms, documentation, and related technologies made available by LessFlux.

“CDN Bandwidth” means the amount of network traffic consumed through the delivery of content through the Services and the infrastructure utilized by LessFlux.

“Content” means any data, information, files, images, videos, media assets, URLs, metadata, text, code, scripts, or other materials submitted, transmitted, referenced, accessed, retrieved, processed, uploaded, or otherwise made available through the Services by a User.

“Documentation” means any technical, operational, developer, support, user, marketing, or informational materials made available by LessFlux relating to the Services.

“Free Plan” means any subscription tier made available without recurring subscription fees, subject to the limitations, restrictions, and resource allocations established by LessFlux.

“Image Token” means a unit of resource consumption used by LessFlux to measure and account for image processing operations performed through the Services.

“LessFlux”, “we”, “us”, or “our” means LessFlux S.R.L., a company incorporated under the laws of Romania, including its successors, permitted assigns, contractors, service providers, and authorized representatives where applicable.

“Optimized Content” means any image, video, or other media asset that has been processed, compressed, converted, enhanced, optimized, delivered, cached, or otherwise modified through the Services.

“Paid Plan” means any subscription plan requiring payment in exchange for access to Services, resources, features, capabilities, or usage allocations provided by LessFlux.

“Processing” means any operation or set of operations performed by LessFlux on Content, including but not limited to retrieving Content from publicly accessible URLs, accessing, receiving, analyzing, compressing, optimizing, converting, transmitting, temporarily storing, delivering, caching, or deleting Content.

“Resource” means any usage-based allocation, quota, credit, token, bandwidth allowance, processing allowance, feature entitlement, or other measurable consumption metric associated with the Services.

“Services” means the LessFlux platform, website, API, WordPress plugin, media processing infrastructure, optimization technologies, media delivery technologies, account management systems, dashboards, developer tools, software, technologies, and any related products, features, functionalities, or services made available by LessFlux.

“Subscription” means an active service plan associated with an Account that provides access to specific Services, resources, features, capabilities, or usage limits.

“Supported Regions” means geographic regions for which LessFlux primarily optimizes and maintains certain infrastructure, delivery technologies, or service capabilities, as determined and updated by LessFlux from time to time.

“Third-Party Service” means any software, infrastructure, platform, provider, network, service, technology, application, integration, or system operated by a party other than LessFlux and used in connection with the Services.

“User”, “you”, or “your” means any individual, business entity, organization, governmental body, agency, developer, customer, representative, contractor, or other person accessing or using the Services.

“Video Token” means a unit of resource consumption used by LessFlux to measure and account for video processing operations performed through the Services.

“Website” means any website, application, platform, service, software, system, digital property, or online environment connected to, integrated with, authenticated against, or otherwise utilizing the Services.

“Website Instance” means a distinct website, application, installation, deployment, environment, domain, subdomain, project, or digital property registered, connected, authenticated, or managed through an Account.

Words importing the singular include the plural and vice versa. References to one gender include all genders. References to persons include individuals, legal entities, organizations, and governmental bodies. Section headings are included solely for convenience and shall not affect the interpretation of these Terms.

3. Eligibility and Accounts

To access certain features of the Services, you may be required to create and maintain an Account.

By creating an Account or otherwise using the Services, you represent and warrant that you possess the legal capacity, authority, and right to enter into a legally binding agreement under applicable law and to comply with these Terms.

If you access or use the Services on behalf of a company, organization, governmental entity, or other legal person, you represent and warrant that you are authorized to bind such entity to these Terms. In such cases, references to “you” and “your” shall include both the individual accessing the Services and the entity on whose behalf the Services are used.

You agree to provide accurate, current, and complete information when registering an Account and to promptly update such information whenever necessary. You are solely responsible for ensuring that the information associated with your Account remains accurate and up to date.

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including usernames, passwords, API credentials, authentication tokens, access keys, and any other information used to access the Services.

You shall be responsible for all activities conducted through your Account, whether authorized by you or not, unless such activities result directly from a security breach solely attributable to LessFlux.

You must immediately notify LessFlux if you become aware of any unauthorized access to, use of, or compromise of your Account, credentials, systems, or integrations involving the Services.

LessFlux shall not be responsible for any loss, damage, unauthorized activity, or liability arising from your failure to maintain the security of your Account, systems, credentials, devices, integrations, or associated infrastructure.

Each Account is personal to the registered User or organization and may not be transferred, assigned, sold, leased, sublicensed, or otherwise made available to any third party except as expressly permitted by LessFlux or through functionality provided within the Services.

LessFlux reserves the right to refuse registration, suspend access, restrict functionality, require additional verification, or terminate Accounts at its sole discretion where reasonably necessary to protect the Services, comply with legal obligations, investigate suspected abuse, prevent fraud, maintain platform integrity, or enforce these Terms.

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, contractual obligations, and third-party rights in any jurisdiction in which you operate.

The creation of an Account does not grant any ownership interest in the Services, software, infrastructure, intellectual property, resources, or technologies operated by LessFlux. Any rights not expressly granted under these Terms are reserved by LessFlux.

LessFlux may require verification of identity, ownership, authority, payment information, website ownership, domain control, or other relevant information where reasonably necessary for security, fraud prevention, compliance, operational integrity, or the provision of the Services.

You acknowledge and agree that access to the Services may be conditioned upon the successful completion of applicable registration, authentication, verification, subscription, or security procedures established by LessFlux from time to time.

4. Description of the Services

LessFlux provides a software-as-a-service platform designed to facilitate media processing, optimization, delivery, and related functionality for websites, applications, and digital platforms.

The Services may include, without limitation, image optimization, video optimization, media compression, media conversion, media delivery technologies, API access, website integrations, WordPress integrations, resource management systems, account management tools, reporting functionality, developer tools, and other related features made available by LessFlux from time to time.

The Services may be accessed through the LessFlux website, the LessFlux API, the LessFlux WordPress plugin, custom integrations, third-party integrations, or other methods authorized by LessFlux.

The Services are designed to process Content supplied by Users or made available through URLs, integrations, applications, websites, systems, or platforms connected to the Services. LessFlux may retrieve, access, process, optimize, convert, temporarily store, transmit, deliver, cache, or otherwise handle such Content solely for the purpose of providing the Services.

Where the Services process Content through publicly accessible URLs, User-provided integrations, APIs, callback endpoints, websites, applications, or other external systems, the User is solely responsible for ensuring the availability, accessibility, legality, accuracy, security, and continued operation of such resources. LessFlux shall not be responsible for failures, interruptions, delays, processing errors, delivery failures, callback failures, inaccessible URLs, unavailable resources, misconfigured integrations, third-party system failures, network conditions, or circumstances outside the reasonable control of LessFlux.

Certain features of the Services may rely on third-party infrastructure, cloud providers, storage systems, content delivery technologies, email providers, analytics providers, payment processors, or other external services. The availability, performance, functionality, and operation of the Services may therefore depend in part on systems that are not owned, operated, or controlled by LessFlux.

LessFlux may establish, modify, suspend, replace, remove, expand, limit, discontinue, or otherwise change any feature, functionality, capability, integration, resource allocation, subscription plan, processing method, supported format, supported technology, or component of the Services at any time, subject to applicable law.

The Services are intended to facilitate the processing, optimization, and delivery of Content and are not designed, offered, or intended to function as a permanent storage service, archival service, preservation service, records management service, disaster recovery solution, or backup service.

Users remain solely responsible for maintaining independent backups, copies, archives, records, and recovery procedures for any Content submitted to, processed through, referenced by, or otherwise associated with the Services.

As part of the normal operation of the Services, LessFlux may temporarily store Content and Optimized Content for processing, delivery, caching, operational, performance, security, or technical purposes. Such temporary storage is incidental to the provision of the Services and does not create any obligation on the part of LessFlux to preserve, retain, archive, recover, or make such Content available beyond the period reasonably required for operational purposes.

LessFlux does not guarantee that any Content, Optimized Content, processed files, cached files, delivered files, temporary files, or other materials associated with the Services will remain available for any specific period of time unless expressly stated otherwise in separate written documentation provided by LessFlux.

Nothing in these Terms shall be interpreted as creating any obligation for LessFlux to provide permanent storage, file retention, file recovery, backup services, business continuity services, or disaster recovery services.

The Services are provided as a technology platform and infrastructure service. LessFlux does not actively review, approve, endorse, verify, monitor, or guarantee the legality, ownership, accuracy, quality, integrity, suitability, or reliability of User Content except where required by applicable law or where reasonably necessary to protect the Services, comply with legal obligations, investigate suspected abuse, respond to valid legal requests, or enforce these Terms.

The specific features, capabilities, limitations, supported formats, supported technologies, supported integrations, subscription plans, resource allocations, and service availability applicable to a User may vary depending on the selected plan, account configuration, technical environment, geographic location, infrastructure availability, operational requirements, and other factors determined by LessFlux from time to time.

5. Subscription Plans and Resources

LessFlux offers both Free Plans and Paid Plans. The features, capabilities, Resource allocations, limitations, pricing, usage allowances, and availability associated with each Subscription may vary and may be modified by LessFlux from time to time.

Access to certain Services, features, capabilities, processing functions, Resource allocations, or usage levels may require an active Paid Plan.

Each Subscription may include one or more categories of Resources, including but not limited to Image Tokens, Video Tokens, CDN Bandwidth, processing allocations, usage allowances, or other Resource categories established by LessFlux.

Resources are usage-based allocations made available for the purpose of accessing and utilizing the Services. Resources do not constitute currency, electronic money, stored value, virtual assets, property, securities, investment products, or transferable rights.

Unless expressly stated otherwise by LessFlux, Resources are non-transferable, non-exchangeable, non-refundable, non-redeemable for cash, and may only be used in connection with the Services.

Resource allocations associated with a Subscription are generally calculated on a recurring billing-cycle basis and may be renewed, reset, replenished, modified, or adjusted at the beginning of each applicable billing period.

For annual Subscriptions, Resources may be allocated, measured, renewed, replenished, or reset on a monthly basis even where payment for the Subscription is made annually in advance.

Unless expressly stated otherwise, unused Resources do not roll over to subsequent billing periods and expire at the end of the applicable allocation period.

LessFlux may make available additional Resources, top-up allocations, supplemental usage packages, promotional credits, temporary allocations, or similar Resource mechanisms from time to time. The availability, pricing, validity period, expiration rules, and usage conditions applicable to such Resources shall be determined by LessFlux.

Resource consumption is determined exclusively by the measurement systems, accounting systems, usage records, operational logs, and billing mechanisms maintained by LessFlux. In the event of any discrepancy regarding Resource usage, the records maintained by LessFlux shall be presumed accurate unless demonstrated otherwise by clear and convincing evidence.

LessFlux reserves the right to establish, modify, suspend, limit, adjust, replace, discontinue, or introduce Resource categories, allocation methodologies, usage rules, consumption calculations, Subscription structures, plan limitations, eligibility requirements, pricing models, or operational restrictions at any time, subject to applicable law.

The availability of Services, features, capabilities, supported formats, supported technologies, processing limits, Resource allocations, or usage levels may vary depending on the applicable Subscription.

Nothing in these Terms shall be interpreted as guaranteeing the continued availability of any specific Subscription, pricing structure, Resource category, allocation model, promotional offer, Free Plan feature, or Service configuration.

LessFlux may impose reasonable technical, operational, security, anti-abuse, infrastructure, performance, or system protection limits where necessary to maintain the stability, security, integrity, or availability of the Services.

Where Resource allocations are exhausted, LessFlux may limit, suspend, delay, restrict, or disable access to Resource-dependent functionality until additional Resources become available through renewal, replenishment, top-up acquisition, plan upgrade, or other mechanisms made available by LessFlux.

6. Billing and Payments

Certain Services, features, capabilities, Resource allocations, processing allowances, and usage levels may require the purchase of a Paid Plan or additional Resources.

By purchasing a Subscription, top-up allocation, Resource package, or any paid Service, you authorize LessFlux and its designated payment providers to charge the applicable fees, taxes, and charges associated with your purchase.

Payments for the Services are processed through third-party payment providers. LessFlux does not collect, store, or process complete payment card information. Payment transactions are subject to the terms, conditions, policies, and operational requirements of the applicable payment provider.

Subscription fees, pricing, billing periods, Resource allocations, usage allowances, applicable taxes, and available payment methods shall be displayed at the time of purchase or otherwise communicated through the Services.

Paid Plans may be offered on a monthly, annual, or other recurring billing basis as determined by LessFlux from time to time.

Unless cancelled in accordance with these Terms, recurring Subscriptions automatically renew at the end of each applicable billing period and the applicable payment method may be charged automatically for the renewal term.

You are responsible for maintaining valid, accurate, and up-to-date billing information and payment credentials throughout the duration of your Subscription.

If a payment cannot be successfully processed for any reason, including insufficient funds, payment authorization failure, expired payment methods, charge reversals, payment disputes, or other payment-related issues, LessFlux may suspend, restrict, or terminate access to all or part of the Services until the outstanding amounts are paid in full.

LessFlux reserves the right to modify Subscription pricing, Resource pricing, renewal pricing, top-up pricing, billing structures, payment methods, or commercial terms at any time. Any such changes shall apply prospectively and shall not affect fees already paid for the current billing period, except where required by applicable law.

All fees paid to LessFlux are non-refundable except as expressly provided in these Terms or where required by applicable law.

As a general rule, purchases of Subscriptions, Resource allocations, top-up Resources, processing allowances, and other paid Services are final and non-refundable once activated, provisioned, or made available for use.

Notwithstanding the foregoing, LessFlux may, at its sole discretion, issue a refund where a material technical failure attributable to LessFlux prevents the purchased Service from functioning substantially as intended, provided that: (a) the issue is reported within three (3) calendar days of the original purchase date; (b) the issue can be verified by LessFlux through its own investigation or through reasonable evidence provided by the User; and (c) the issue has not resulted from third-party systems, User configurations, unsupported environments, misuse of the Services, or circumstances outside the reasonable control of LessFlux.

Any refund granted pursuant to this section shall be limited to the amount paid for the affected purchase and shall constitute the User’s sole and exclusive remedy with respect to the applicable transaction.

Additional Resources, including top-up allocations, supplemental usage packages, or similar Resource purchases, shall remain available until consumed unless expressly stated otherwise at the time of purchase.

Unused top-up Resources are separate from recurring Subscription allocations and shall not expire solely as a result of the expiration, renewal, reset, or replenishment of recurring Subscription Resources.

You are solely responsible for any taxes, duties, levies, governmental charges, withholding obligations, or similar assessments arising from your purchase or use of the Services, except for taxes imposed on LessFlux based on its net income.

LessFlux may issue invoices, receipts, payment confirmations, usage records, transaction records, or other billing documentation in electronic form, and you consent to receiving such documentation electronically.

Nothing in these Terms obligates LessFlux to continue offering any specific Subscription, pricing structure, promotional offer, payment method, top-up program, Resource package, or commercial model for any period of time.

7. Resource Consumption

The Services utilize a Resource-based consumption model. Access to certain features, processing operations, delivery capabilities, and Service functionality may require the availability of sufficient Resources within the applicable Account.

Resource consumption may be measured using one or more categories of Resources, including but not limited to Image Tokens, Video Tokens, CDN Bandwidth, processing allocations, usage allowances, or other Resource categories established by LessFlux from time to time.

Resource consumption may occur as a result of Content processing, Content delivery, optimization operations, conversion operations, API requests, caching activities, bandwidth utilization, Service usage, or any other activity associated with the operation of the Services.

The specific methodology used to calculate Resource consumption may vary depending on the applicable Service, Subscription, feature, Content type, processing operation, infrastructure requirements, technical implementation, or operational considerations.

LessFlux reserves the right to establish, modify, refine, replace, or update Resource consumption methodologies, accounting mechanisms, measurement systems, calculation models, and usage rules at any time, provided that such changes are applied in a commercially reasonable manner.

Resource consumption is determined exclusively through the operational systems, measurement systems, accounting systems, billing systems, usage records, technical logs, monitoring systems, and other records maintained by LessFlux.

The records maintained by LessFlux regarding Resource usage, Resource consumption, processing activity, delivery activity, bandwidth utilization, Subscription status, and Account activity shall be deemed accurate and controlling unless proven otherwise by clear and convincing evidence.

Resource consumption may occur automatically upon the initiation, execution, completion, retry, reprocessing, delivery, optimization, conversion, caching, or other operation associated with the Services.

Users are responsible for monitoring their Resource usage and ensuring that sufficient Resources remain available for the continued use of the Services.

Where available, Resource usage information displayed through dashboards, reports, interfaces, analytics tools, or account management systems is provided for informational purposes only and may be subject to delays, estimation methodologies, synchronization intervals, processing latency, or other technical limitations.

LessFlux does not guarantee real-time reporting, real-time accounting, real-time synchronization, or immediate visibility of Resource consumption data.

Where Resource allocations are exhausted, LessFlux may suspend, limit, restrict, queue, delay, or otherwise prevent access to Resource-dependent functionality until additional Resources become available through Subscription renewal, Resource replenishment, top-up acquisition, plan upgrade, or other mechanisms made available by LessFlux.

LessFlux shall not be responsible for any interruption, delay, failed processing operation, failed delivery operation, unavailable functionality, or reduced Service capability resulting from exhausted Resource allocations.

Any attempt to manipulate, circumvent, interfere with, falsify, obscure, reverse engineer, exploit, or otherwise improperly affect Resource measurement, Resource accounting, Resource consumption mechanisms, Subscription limitations, usage restrictions, billing systems, or allocation methodologies constitutes a material violation of these Terms and may result in suspension or termination of access to the Services.

Nothing in these Terms shall be interpreted as granting ownership rights over Resources, Resource allocations, usage allowances, processing credits, or any other consumption-based entitlement made available through the Services.

8. Acceptable Use

The Services may only be used in compliance with these Terms, applicable laws, regulations, and the rights of third parties.

Users are solely responsible for all Content submitted to, referenced by, transmitted through, processed by, delivered through, or otherwise associated with the Services.

Users shall not use the Services in any manner that is unlawful, fraudulent, deceptive, abusive, harmful, or otherwise inconsistent with the intended purpose of the Services.

Without limiting the generality of the foregoing, Users shall not use the Services to upload, process, distribute, transmit, store, deliver, reference, or otherwise make available any Content that:

(a) violates any applicable law, regulation, court order, governmental requirement, or legal obligation;

(b) infringes, misappropriates, or otherwise violates any copyright, trademark, patent, trade secret, privacy right, publicity right, intellectual property right, or other proprietary right of any person or entity;

(c) contains malicious software, malware, ransomware, spyware, viruses, trojans, worms, harmful code, or other software intended to disrupt, damage, compromise, monitor, or gain unauthorized access to systems, networks, devices, or data;

(d) is used in connection with phishing activities, credential theft, identity theft, fraud, scams, deceptive practices, or unlawful impersonation;

(e) facilitates unauthorized access to systems, networks, services, applications, devices, infrastructure, or digital resources;

(f) is intended to interfere with, disrupt, damage, overload, impair, or otherwise negatively affect the operation, security, integrity, availability, or performance of the Services or any third-party system.

Users shall not:

(a) reverse engineer, decompile, disassemble, reproduce, copy, replicate, modify, create derivative works from, or otherwise attempt to derive the source code, architecture, structure, algorithms, operational methods, or underlying technology of the Services except where such restriction is prohibited by applicable law;

(b) access or use the Services for the purpose of developing, providing, supporting, benchmarking, or assisting a competing product, service, platform, infrastructure, or technology;

(c) scrape, harvest, extract, collect, mine, or otherwise obtain data, information, usage metrics, technical information, or content from the Services through automated means not expressly authorized by LessFlux;

(d) circumvent, disable, interfere with, bypass, manipulate, or otherwise defeat any security mechanism, usage limitation, subscription restriction, access control, resource allocation mechanism, billing mechanism, technical limitation, or operational control implemented by LessFlux;

(e) manipulate, falsify, interfere with, conceal, or otherwise affect Resource consumption measurements, billing systems, usage calculations, accounting systems, token allocation systems, or Subscription limitations;

(f) use the Services in a manner that generates excessive, abnormal, unreasonable, abusive, fraudulent, or malicious consumption of infrastructure resources;

(g) attempt to gain unauthorized access to Accounts, systems, infrastructure, APIs, networks, administrative interfaces, data, or resources belonging to LessFlux, other Users, or third parties;

(h) use the Services in any manner that could reasonably be expected to damage the reputation, integrity, operation, security, availability, or lawful operation of LessFlux or its service providers.

Users may utilize the Services in connection with projects, applications, websites, and services developed for clients or third parties, provided that such use remains compliant with these Terms.

Users shall not rebrand, white-label, resell, sublicense, redistribute, market, offer, or otherwise present the LessFlux API, infrastructure, or Services as their own independent service without the prior written authorization of LessFlux.

LessFlux does not actively monitor User Content as part of the ordinary operation of the Services. However, LessFlux reserves the right to investigate suspected violations of these Terms, respond to complaints, cooperate with law enforcement authorities, comply with legal obligations, protect its infrastructure, protect third-party rights, and take any action reasonably necessary to address unlawful, abusive, fraudulent, or harmful conduct.

LessFlux may, at its sole discretion and without prior notice where reasonably necessary, restrict, suspend, disable, remove, reject, terminate, or otherwise limit access to the Services where it reasonably believes that a User has violated these Terms, applicable law, third-party rights, or the security and operational requirements of the Services.

Nothing in this Section shall create any obligation on the part of LessFlux to actively monitor, review, inspect, verify, or pre-approve User Content, User activity, or use of the Services.

9. Intellectual Property

The Services, including the LessFlux platform, website, APIs, software, infrastructure, technologies, systems, interfaces, documentation, designs, layouts, workflows, trademarks, logos, branding elements, source code, object code, databases, know-how, trade secrets, and all related intellectual property rights are and shall remain the exclusive property of LessFlux and its licensors.

Except for the limited rights expressly granted under these Terms, nothing contained herein shall be construed as transferring, assigning, licensing, conveying, or granting any ownership interest, intellectual property right, proprietary right, or other legal interest in or to the Services.

Subject to compliance with these Terms, LessFlux grants Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for their intended purpose and during the applicable Subscription term.

Users shall not acquire any ownership rights in the Services by virtue of accessing, using, purchasing, subscribing to, integrating with, or otherwise utilizing the Services.

All trademarks, service marks, trade names, logos, domain names, branding elements, product names, and other identifiers associated with LessFlux are the property of LessFlux or its licensors. Nothing contained in these Terms grants any right to use such identifiers except as expressly authorized by LessFlux.

Users retain all right, title, and interest in and to their Content, including all intellectual property rights and proprietary rights associated with such Content.

By using the Services, Users grant LessFlux a limited, non-exclusive, worldwide, royalty-free license to access, retrieve, process, optimize, convert, cache, transmit, temporarily store, deliver, reproduce, and otherwise use Content solely to the extent reasonably necessary to provide, maintain, secure, support, improve, and operate the Services.

The license granted under these Terms is limited to the operational requirements of the Services and does not transfer ownership of Content to LessFlux.

LessFlux does not claim ownership of User Content and shall not acquire any intellectual property rights in User Content solely by virtue of providing the Services.

Users represent and warrant that they possess all rights, permissions, authorizations, licenses, and legal bases necessary to submit, process, transmit, access, optimize, deliver, or otherwise use Content through the Services.

Users remain solely responsible for obtaining and maintaining all permissions, licenses, authorizations, and legal rights necessary for the use of Content in connection with the Services.

Any feedback, suggestions, recommendations, enhancement requests, ideas, comments, bug reports, feature requests, or other input voluntarily provided by a User regarding the Services may be used by LessFlux without restriction, compensation, attribution, or obligation to the User, and the User hereby grants LessFlux a perpetual, irrevocable, worldwide, royalty-free right to use such feedback for any lawful purpose.

Nothing in these Terms shall restrict LessFlux from developing, acquiring, licensing, marketing, modifying, improving, or offering products, services, technologies, features, or functionality that may be similar to or compete with products, services, technologies, ideas, or business activities of any User.

10. User Content and Media Processing

Users retain full responsibility for all Content submitted to, referenced by, transmitted through, processed by, delivered through, or otherwise associated with the Services.

Users acknowledge and agree that the Services operate based on Content, URLs, integrations, instructions, configurations, processing parameters, and requests supplied directly or indirectly by Users. LessFlux does not independently select, create, modify, publish, originate, or control the Content processed through the Services.

Users are solely responsible for ensuring that they possess all rights, permissions, authorizations, licenses, and legal bases necessary to access, retrieve, process, optimize, convert, transmit, deliver, store, reproduce, or otherwise use Content through the Services.

By submitting Content to the Services, referencing Content through publicly accessible URLs, connecting external systems, or otherwise initiating processing activities, Users authorize LessFlux to access, retrieve, process, optimize, convert, compress, cache, transmit, temporarily store, deliver, and otherwise handle such Content solely for the purpose of providing the Services.

The Services may perform image optimization, video optimization, media compression, format conversion, metadata modification, caching, content delivery, file replacement, file generation, and other processing operations requested, configured, enabled, or initiated by the User.

Users acknowledge that optimization, compression, conversion, transcoding, metadata removal, file replacement, and similar processing operations may alter, modify, reduce, transform, replace, overwrite, remove, regenerate, or otherwise affect Content and its characteristics.

Users are solely responsible for selecting processing settings, conversion settings, compression levels, replacement options, optimization parameters, workflow configurations, and other operational settings made available through the Services.

LessFlux does not guarantee that any processing operation will achieve a particular result, performance improvement, file size reduction, quality level, compatibility outcome, conversion result, optimization target, business objective, or technical expectation.

Users remain solely responsible for reviewing, testing, validating, approving, and verifying all processing results before relying upon such results in production environments or business operations.

Where the Services provide options that may replace, overwrite, modify, update, substitute, regenerate, or otherwise affect original files, media assets, references, databases, records, or related systems, Users assume full responsibility for enabling and using such functionality.

Users are solely responsible for maintaining appropriate backup, recovery, archival, restoration, and business continuity procedures before initiating processing operations through the Services.

LessFlux shall not be responsible for any loss, corruption, alteration, incompatibility, degradation, interruption, replacement, modification, conversion outcome, optimization result, or other consequence arising from User-selected processing settings, workflow configurations, replacement operations, integration behavior, third-party software interactions, or User instructions.

LessFlux does not actively review, inspect, validate, verify, monitor, endorse, approve, or guarantee the legality, ownership, authenticity, quality, integrity, accuracy, reliability, or suitability of Content processed through the Services.

Users acknowledge that Content may be processed through automated systems without human review.

LessFlux reserves the right, where reasonably necessary to protect the Services, comply with legal obligations, investigate abuse, enforce these Terms, respond to legal requests, or protect the rights of LessFlux or third parties, to restrict, suspend, reject, remove, disable, or refuse the processing of Content.

Nothing in these Terms shall be interpreted as creating any obligation for LessFlux to monitor User Content, verify ownership rights, validate licenses, investigate intellectual property claims, review processing requests, or assess the legality of Content prior to processing.

The User remains solely responsible for all Content and all consequences arising from the submission, processing, optimization, conversion, delivery, publication, distribution, storage, or use of such Content through the Services.

11. Temporary Storage and Processing Workflow

The Services may temporarily access, retrieve, process, cache, store, transmit, deliver, and otherwise handle Content and Optimized Content as part of their normal operation.

Users acknowledge and agree that the Services are designed primarily for media processing and delivery workflows and not for the long-term storage, preservation, archival, retention, recovery, or backup of Content.

During the provision of the Services, LessFlux may create temporary copies of Content and Optimized Content for operational, processing, performance, security, delivery, caching, troubleshooting, validation, quality control, or infrastructure-related purposes.

Such temporary copies may be stored on systems, infrastructure, storage platforms, content delivery systems, processing environments, or third-party services utilized by LessFlux for periods reasonably necessary to provide the Services.

Users acknowledge that temporary storage periods may vary depending on operational requirements, processing workflows, technical constraints, infrastructure configuration, security requirements, delivery mechanisms, cache policies, and other factors determined by LessFlux.

Unless expressly agreed otherwise in writing, LessFlux does not undertake any obligation to permanently retain, archive, preserve, maintain, recover, reproduce, or make available any Content or Optimized Content beyond the period reasonably required for the provision of the Services.

The successful completion of a processing operation, optimization operation, conversion operation, delivery operation, callback operation, or similar workflow shall not create any obligation on the part of LessFlux to continue storing, preserving, retaining, or maintaining the associated Content or Optimized Content.

Where the Services utilize callback mechanisms, webhooks, integrations, APIs, plugins, external systems, or third-party services, Users are solely responsible for ensuring the availability, accessibility, security, configuration, operation, and reliability of such systems.

LessFlux shall not be responsible for failures, delays, interruptions, inaccessible endpoints, rejected requests, unavailable callback destinations, third-party outages, integration failures, network issues, configuration errors, or other circumstances affecting the successful receipt, retrieval, processing, delivery, or storage of Content.

Users remain solely responsible for ensuring that processed Content, Optimized Content, generated files, converted files, delivered assets, and related materials are properly received, stored, validated, preserved, and managed within their own systems and infrastructure.

LessFlux does not guarantee the continued availability of processed Content, Optimized Content, temporary files, cached files, generated files, delivery artifacts, processing results, or other materials after the completion of the applicable workflow.

Nothing in these Terms shall be interpreted as creating any obligation for LessFlux to provide storage services, file hosting services, backup services, disaster recovery services, archival services, business continuity services, or content preservation services.

Users acknowledge that the deletion, expiration, removal, replacement, purging, invalidation, or automatic cleanup of temporary files, temporary storage locations, cached content, processing artifacts, delivery artifacts, or operational data may occur as part of the normal operation of the Services.

The User assumes full responsibility for maintaining independent copies, backups, recovery mechanisms, archival procedures, and business continuity measures for all Content associated with the Services.

12. Agency and Client Usage

The Services may be used by agencies, consultants, developers, managed service providers, system integrators, contractors, and other organizations providing services to third parties.

Subject to compliance with these Terms, Users may utilize the Services in connection with websites, applications, platforms, projects, systems, and digital properties owned or operated by their clients, customers, partners, affiliates, or other third parties.

Where a User utilizes the Services on behalf of, for the benefit of, or in connection with a third party, the User remains fully responsible for compliance with these Terms and for all activity conducted through the applicable Account.

The User represents and warrants that it possesses all necessary rights, permissions, authorizations, licenses, and legal authority required to connect, integrate, access, process, optimize, deliver, or otherwise utilize the Services in relation to any third-party website, application, platform, content, infrastructure, or digital property.

Nothing in these Terms shall create any contractual relationship between LessFlux and the clients, customers, end users, partners, or other third parties of a User.

The User remains solely responsible for all agreements, obligations, commitments, warranties, representations, support obligations, service commitments, regulatory obligations, and legal responsibilities owed to its own clients, customers, partners, or third parties.

Unless expressly authorized in writing by LessFlux, Users shall not market, offer, distribute, license, sublicense, resell, white-label, rebrand, or otherwise present the Services, the LessFlux platform, the LessFlux API, or any component of the Services as an independent product, platform, infrastructure, service, or technology owned, developed, or operated by the User.

Users may incorporate, integrate, or utilize the Services as part of broader projects, websites, applications, development services, consulting services, agency services, or client deliverables, provided that such use does not misrepresent the ownership, origin, or operation of the Services.

Where a User publicly references, discloses, markets, documents, promotes, or otherwise communicates the use of the Services within a client project, application, website, platform, integration, or technical solution, the User shall not remove, obscure, falsify, or misrepresent the involvement of LessFlux in the provision of the underlying Services.

Nothing in these Terms grants any right to use the LessFlux name, trademarks, logos, branding, trade dress, marketing materials, domain names, or other identifying elements except as expressly authorized by LessFlux.

LessFlux reserves the right to determine, at its reasonable discretion, whether a particular use of the Services constitutes prohibited resale, unauthorized white-labeling, unauthorized redistribution, misrepresentation of ownership, or unauthorized commercialization of the Services.

Any violation of this Section may result in the suspension, restriction, or termination of access to the Services in addition to any other rights or remedies available to LessFlux under these Terms or applicable law.

 

13. Third-Party Services

The Services may utilize, integrate with, depend upon, communicate with, or otherwise rely upon third-party services, infrastructure providers, cloud platforms, storage providers, content delivery technologies, payment processors, analytics providers, email delivery providers, security providers, communication systems, and other external technologies or service providers.

Such Third-Party Services may be operated by independent entities that are not owned, controlled, managed, or supervised by LessFlux.

The availability, functionality, performance, security, reliability, capacity, latency, delivery speed, and operation of certain aspects of the Services may depend in whole or in part upon Third-Party Services.

Users acknowledge and agree that LessFlux does not control and cannot guarantee the continued availability, performance, operation, security, reliability, compatibility, or uninterrupted functionality of any Third-Party Service.

LessFlux shall not be responsible for any interruption, outage, delay, degradation, incompatibility, failure, loss of data, loss of functionality, security incident, pricing change, service modification, service discontinuation, policy change, or other issue arising from or relating to any Third-Party Service.

The use of certain features of the Services may require interaction with Third-Party Services, and such interaction may be subject to separate terms, policies, agreements, technical requirements, operational limitations, or legal obligations imposed by the applicable third party.

Users acknowledge that Third-Party Services may process, transmit, store, route, analyze, deliver, secure, monitor, or otherwise handle information, Content, or operational data as part of the provision of the Services.

LessFlux may add, replace, remove, modify, or discontinue the use of any Third-Party Service at any time where reasonably necessary for operational, technical, commercial, legal, security, compliance, performance, infrastructure, or business purposes.

Nothing in these Terms shall be interpreted as creating any warranty, representation, guarantee, commitment, service level obligation, or liability on the part of LessFlux with respect to the services, products, infrastructure, technologies, or actions of any third party.

Where a Third-Party Service becomes unavailable, experiences degradation, is discontinued, changes its terms, changes its pricing, changes its functionality, or otherwise affects the operation of the Services, LessFlux may modify, suspend, replace, limit, or discontinue affected features or functionality without liability, subject to applicable law.

References to Third-Party Services within the Services, documentation, website, marketing materials, technical materials, or other communications do not constitute an endorsement, guarantee, certification, partnership, agency relationship, or representation regarding such third parties.

Users remain responsible for reviewing and complying with any applicable terms, conditions, policies, licenses, or legal requirements associated with Third-Party Services that they choose to use in connection with the Services.

14. Service Availability

LessFlux continuously strives to maintain the availability, functionality, security, and performance of the Services. However, the Services are provided on an “as is” and “as available” basis.

LessFlux does not guarantee that the Services will be available at all times, operate without interruption, be error-free, achieve any specific performance level, or remain free from delays, defects, vulnerabilities, incompatibilities, outages, interruptions, or operational issues.

The availability and performance of the Services may be affected by scheduled maintenance, emergency maintenance, software updates, infrastructure changes, security events, hardware failures, network disruptions, third-party service failures, force majeure events, capacity limitations, technical issues, or other circumstances beyond the reasonable control of LessFlux.

LessFlux may perform maintenance, upgrades, repairs, replacements, migrations, modifications, security updates, infrastructure changes, configuration changes, or other operational activities that may temporarily affect the availability or functionality of the Services.

LessFlux shall have no obligation to provide advance notice of maintenance, outages, interruptions, degradations, or operational events where such notice is impractical, impossible, or could negatively affect the security, integrity, stability, or operation of the Services.

Users acknowledge that certain features, functionalities, integrations, processing operations, delivery operations, APIs, dashboards, reports, account functions, or Resource-related capabilities may become temporarily unavailable, delayed, degraded, restricted, or interrupted from time to time.

LessFlux does not guarantee any minimum uptime percentage, service availability level, response time, processing time, recovery time, delivery speed, performance metric, geographic coverage level, infrastructure capacity level, or other service level commitment unless expressly agreed in a separate written agreement executed by LessFlux.

LessFlux does not provide a service level agreement (“SLA”) as part of the standard Services and no credits, refunds, compensation, discounts, or other remedies shall be owed solely as a result of downtime, interruptions, delays, degraded performance, maintenance activities, or temporary unavailability of the Services except where expressly required by applicable law or separately agreed in writing.

The performance, latency, delivery speed, availability, and operational characteristics of the Services may vary depending on geographic location, network conditions, infrastructure availability, third-party providers, internet connectivity, system configuration, Content characteristics, processing requirements, and other operational factors.

LessFlux may modify, expand, limit, replace, relocate, optimize, suspend, or discontinue portions of its infrastructure, delivery technologies, processing systems, integrations, supported regions, or service architecture at any time as part of the ongoing operation and improvement of the Services.

Nothing in these Terms shall be interpreted as creating any guarantee, warranty, commitment, representation, or contractual obligation regarding uninterrupted availability, continuous operation, performance levels, service capacity, geographic coverage, infrastructure architecture, or future availability of any feature or component of the Services.

15. Suspension and Termination

LessFlux may, at any time and without liability, restrict, suspend, disable, limit, or terminate access to all or any portion of the Services where reasonably necessary to protect the Services, comply with legal obligations, enforce these Terms, investigate suspected misconduct, prevent abuse, maintain operational integrity, protect Users, or safeguard the rights, property, security, or interests of LessFlux or third parties.

Without limiting the foregoing, LessFlux may suspend, restrict, or terminate access to the Services where it reasonably believes that:

(a) a User has violated these Terms;

(b) a User has violated applicable laws or regulations;

(c) a User has engaged in fraudulent, deceptive, abusive, unlawful, or malicious conduct;

(d) a User has infringed or is alleged to have infringed the rights of third parties;

(e) a User has attempted to circumvent Subscription limitations, Resource allocations, usage restrictions, billing mechanisms, technical controls, or security measures;

(f) a User has engaged in unauthorized scraping, automated extraction, reverse engineering, system probing, or other prohibited activities;

(g) a User has failed to pay applicable fees when due;

(h) continued access to the Services may expose LessFlux, its Users, service providers, infrastructure, or partners to security, operational, legal, regulatory, financial, or reputational risks;

(i) suspension or termination is required by law, court order, governmental authority, regulatory body, law enforcement agency, payment provider, infrastructure provider, or other competent authority.

LessFlux may investigate suspected violations of these Terms and may cooperate with law enforcement authorities, courts, regulators, service providers, infrastructure providers, rights holders, or other third parties where reasonably necessary to protect the Services or comply with legal obligations.

Unless prohibited by law, LessFlux shall have no obligation to provide advance notice before restricting, suspending, disabling, or terminating access where immediate action is reasonably necessary.

A User may terminate their Account at any time by contacting LessFlux through the contact channels made available by LessFlux and requesting account closure.

LessFlux may require reasonable verification of identity, ownership, authority, or account control before processing account termination requests.

Upon termination of an Account, access to the Services, dashboards, APIs, integrations, subscriptions, resources, and account-related functionality may be immediately revoked.

Termination of an Account shall not relieve the User of any obligations, liabilities, payment obligations, indemnification obligations, or other responsibilities accrued prior to the effective date of termination.

Where permitted by applicable law, LessFlux may retain certain information following termination for legal, regulatory, accounting, tax, fraud prevention, security, operational, dispute resolution, or legitimate business purposes.

Requests for deletion of personal data shall be handled in accordance with the Privacy Policy and applicable data protection laws.

LessFlux shall have no obligation to maintain, recover, restore, preserve, archive, or make available any Content, Optimized Content, Resources, Subscription benefits, configurations, usage records, processing results, temporary files, or account-related information following termination, except where required by applicable law.

Termination, suspension, restriction, expiration, or closure of an Account shall not entitle the User to any refund, compensation, damages, credits, reimbursement, or other payment except where expressly required by applicable law or expressly provided elsewhere in these Terms.

The rights and remedies available to LessFlux under this Section are cumulative and may be exercised independently or together with any other rights or remedies available under these Terms or applicable law.

16. Refund Policy

All purchases made through the Services are final unless otherwise expressly stated by LessFlux or required by applicable law.

Subscriptions, Resource allocations, top-up Resources, processing allowances, usage allocations, and other paid Services become available immediately or shortly after purchase and may begin generating operational, infrastructure, processing, licensing, delivery, or administrative costs upon activation.

Accordingly, LessFlux does not generally provide refunds, credits, reimbursements, partial refunds, or compensation for purchased Subscriptions, Resource allocations, top-up Resources, unused Services, unused Resources, partially used Services, account inactivity, reduced usage, change of circumstances, change of business requirements, dissatisfaction with the Services, or decisions by a User to discontinue use of the Services.

Users are encouraged to evaluate the Services, available documentation, Subscription plans, technical requirements, and available Free Plan features prior to purchasing a Paid Plan or additional Resources.

Notwithstanding the foregoing, LessFlux may, at its sole discretion, grant a refund where a material technical failure directly attributable to LessFlux prevents the purchased Service from functioning substantially as intended.

To be eligible for consideration under this exception, all of the following conditions must be satisfied:

(a) the refund request must be submitted within three (3) calendar days of the original purchase date;

(b) the issue must be reported to LessFlux with sufficient information to allow investigation and verification;

(c) the issue must be capable of being reproduced, verified, or otherwise reasonably confirmed by LessFlux through its own investigation or through evidence provided by the User;

(d) the issue must result directly from a technical failure attributable to LessFlux and not from User error, configuration issues, third-party systems, third-party integrations, unsupported environments, network conditions, infrastructure outside the control of LessFlux, or circumstances beyond the reasonable control of LessFlux.

LessFlux shall have sole discretion in determining whether the requirements set forth in this Section have been satisfied and whether a refund will be granted.

Where a refund is approved, the refund shall be limited to the amount paid for the affected purchase and shall constitute the User’s sole and exclusive remedy with respect to the applicable transaction.

Resource consumption, processing operations, content delivery operations, API usage, bandwidth consumption, completed optimizations, completed conversions, completed processing activities, and other usage occurring prior to a refund request may be taken into consideration when evaluating eligibility for a refund.

The submission of a refund request does not suspend payment obligations, Subscription renewals, Resource consumption, or any other obligations arising under these Terms unless expressly confirmed in writing by LessFlux.

Nothing in this Section limits any rights that cannot be excluded or restricted under applicable consumer protection laws.

17. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an “as is,” “as available,” and “with all faults” basis.

LessFlux makes no representations, warranties, guarantees, or commitments of any kind, whether express, implied, statutory, contractual, or otherwise, regarding the Services.

Without limiting the foregoing, LessFlux expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, accuracy, reliability, compatibility, availability, security, performance, uninterrupted operation, and freedom from defects.

LessFlux does not warrant that the Services will be uninterrupted, continuously available, error-free, secure, free from vulnerabilities, free from harmful components, free from technical issues, or capable of operating with every system, environment, platform, website, application, plugin, theme, integration, infrastructure configuration, or third-party service.

LessFlux does not warrant that the Services will meet the User’s requirements, expectations, objectives, business needs, operational goals, technical requirements, performance targets, or intended use cases.

LessFlux does not warrant that any processing operation, optimization operation, compression operation, conversion operation, delivery operation, API operation, caching operation, integration operation, or other Service functionality will achieve any particular result.

LessFlux does not warrant that any Content processed through the Services will achieve a particular file size reduction, quality level, optimization outcome, conversion outcome, compatibility outcome, performance improvement, bandwidth reduction, speed improvement, ranking improvement, business result, or commercial benefit.

Any examples, estimates, projections, demonstrations, benchmarks, case studies, promotional materials, documentation, recommendations, marketing statements, or informational materials provided by LessFlux are provided for informational purposes only and do not constitute warranties, guarantees, commitments, or contractual promises.

Users are solely responsible for determining whether the Services are appropriate for their specific needs, systems, environments, workflows, business operations, legal requirements, and technical requirements.

Users are solely responsible for testing, validating, reviewing, approving, and verifying the suitability of the Services and any processing results before deploying, publishing, distributing, relying upon, or using such results in production environments or business operations.

No oral or written information, advice, support, recommendation, communication, statement, documentation, marketing material, or guidance provided by LessFlux shall create any warranty or obligation unless expressly incorporated into a separate written agreement executed by LessFlux.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, certain exclusions contained in this Section may not apply to the extent prohibited by applicable law.

To the extent that any warranty cannot be lawfully excluded, such warranty shall be limited to the minimum extent permitted by applicable law.

 

18. Limitation of Liability

To the maximum extent permitted by applicable law, LessFlux, its affiliates, directors, officers, employees, contractors, licensors, service providers, partners, representatives, and suppliers shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to the Services, regardless of the legal theory upon which such claim is based and regardless of whether LessFlux has been advised of the possibility of such damages.

Without limiting the foregoing, LessFlux shall not be liable for any loss of profits, loss of revenue, loss of business opportunities, loss of customers, loss of goodwill, loss of reputation, loss of anticipated savings, business interruption, operational disruption, loss of use, loss of data, corruption of data, loss of Content, loss of Optimized Content, loss of configurations, loss of integrations, loss of websites, loss of applications, loss of digital assets, or any other commercial, financial, operational, technical, or economic loss arising from or relating to the Services.

LessFlux shall not be liable for any damages, losses, liabilities, costs, or expenses arising from:

(a) the use of or inability to use the Services;

(b) User Content or third-party content;

(c) processing results, optimization results, conversion results, compression results, delivery results, or other outcomes generated through the Services;

(d) User-selected settings, configurations, integrations, workflows, replacement options, or operational decisions;

(e) incompatibilities with websites, applications, software, plugins, themes, hosting environments, infrastructure, third-party services, or technical environments;

(f) interruptions, outages, delays, maintenance activities, degraded performance, security events, technical failures, or service disruptions;

(g) unauthorized access to Accounts, systems, credentials, Content, or data where such access does not result solely from a security breach directly attributable to LessFlux;

(h) acts, omissions, failures, interruptions, or misconduct of third-party service providers;

(i) the deletion, expiration, removal, replacement, invalidation, purging, or unavailability of temporary files, cached files, processing artifacts, delivery artifacts, or other operational data;

(j) any failure by the User to maintain adequate backups, recovery procedures, archival procedures, testing procedures, business continuity measures, or operational safeguards.

Users acknowledge and agree that the Services are intended as a processing and delivery platform and not as a storage, archival, preservation, backup, disaster recovery, or business continuity solution.

Users remain solely responsible for maintaining independent backups, validating processing results, testing configurations, verifying compatibility, and ensuring the suitability of the Services for their intended purposes.

To the maximum extent permitted by applicable law, any liability of LessFlux arising out of or relating to the Services shall be limited to the minimum extent required by applicable law.

Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law.

The limitations, exclusions, and disclaimers contained in these Terms are fundamental elements of the agreement between the User and LessFlux and form an essential basis upon which the Services are made available.

 

19. Indemnification

To the maximum extent permitted by applicable law, the User agrees to defend, indemnify, and hold harmless LessFlux, its affiliates, directors, officers, employees, contractors, licensors, service providers, representatives, partners, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable legal fees and professional fees, arising out of or relating to:

(a) the User’s use of the Services;

(b) the User’s violation of these Terms;

(c) the User’s violation of any applicable law, regulation, court order, governmental requirement, or legal obligation;

(d) the User’s Content;

(e) the User’s infringement, misappropriation, or violation of any intellectual property right, privacy right, publicity right, contractual right, proprietary right, or other right of any third party;

(f) any allegation that Content submitted, processed, transmitted, delivered, optimized, converted, published, distributed, stored, or otherwise used by the User through the Services infringes or violates the rights of any third party;

(g) the User’s misuse of the Services, APIs, integrations, infrastructure, Resources, Subscription features, or related technologies;

(h) any dispute, claim, complaint, demand, investigation, proceeding, or legal action arising between the User and any client, customer, partner, contractor, end user, or other third party in connection with the User’s use of the Services;

(i) any false, inaccurate, misleading, unauthorized, unlawful, fraudulent, or deceptive information provided by the User.

LessFlux reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In such circumstances, the User agrees to cooperate fully with LessFlux in the defense, settlement, investigation, or resolution of such matter.

The User shall not settle any claim, dispute, proceeding, or matter that imposes any liability, obligation, admission of fault, restriction, or commitment upon LessFlux without the prior written consent of LessFlux.

The indemnification obligations contained in this Section shall survive the suspension, termination, expiration, cancellation, or closure of the User’s Account and the termination of these Terms.

Nothing in this Section shall require the User to indemnify LessFlux for claims arising solely and directly from the gross negligence, willful misconduct, or unlawful conduct of LessFlux where such limitation is prohibited by applicable law.

 

20. Privacy and Data Protection

LessFlux is committed to processing personal data in accordance with applicable data protection and privacy laws.

The collection, use, disclosure, storage, transfer, retention, and protection of personal data by LessFlux is governed by the Privacy Policy, as updated from time to time, which is incorporated into these Terms by reference.

By accessing or using the Services, Users acknowledge that they have reviewed the Privacy Policy and understand how personal data may be processed in connection with the Services.

Where applicable, LessFlux may act as a data controller, data processor, or service provider depending on the nature of the Services provided, the relationship between the parties, and the applicable data protection laws.

Users acknowledge that the Services may involve the processing of personal data through third-party infrastructure providers, cloud providers, communication providers, analytics providers, payment providers, security providers, and other service providers utilized by LessFlux in connection with the operation of the Services.

Where required by applicable law, LessFlux may make available a Data Processing Addendum (“DPA”) governing the processing of personal data on behalf of Users.

Users remain solely responsible for ensuring that they possess all necessary rights, permissions, legal bases, notices, disclosures, and consents required for the submission, transmission, processing, retrieval, delivery, or other use of personal data through the Services.

Nothing in these Terms shall be interpreted as limiting any rights or obligations established under applicable data protection laws to the extent such rights or obligations cannot be waived, excluded, or limited by contract.

 

21. Changes to the Services

LessFlux continuously develops, improves, maintains, and evolves the Services.

Accordingly, LessFlux reserves the right to add, modify, enhance, replace, remove, suspend, discontinue, restrict, or otherwise change any aspect of the Services, including features, functionality, integrations, processing methods, supported formats, supported technologies, Subscription plans, Resource allocations, pricing models, APIs, infrastructure, delivery technologies, user interfaces, workflows, and operational characteristics.

Such changes may be implemented for technical, operational, security, legal, compliance, commercial, infrastructure, performance, business, or strategic reasons.

LessFlux shall have no obligation to maintain any specific feature, functionality, integration, processing method, supported format, API endpoint, infrastructure component, pricing structure, Subscription plan, Resource category, or operational characteristic for any period of time.

Where reasonably practicable, LessFlux may provide notice regarding material changes to the Services. However, LessFlux reserves the right to implement changes without prior notice where necessary to protect the security, integrity, availability, operation, or legal compliance of the Services.

The continued use of the Services following the implementation of any change shall constitute acceptance of the modified Services.

 

22. Changes to these Terms

LessFlux reserves the right to modify, amend, update, supplement, replace, or otherwise revise these Terms at any time.

Changes may be made for legal, regulatory, security, operational, technical, commercial, business, compliance, infrastructure, product development, or other legitimate reasons.

Where required by applicable law, LessFlux will provide reasonable notice of material changes through the Services, by email, through the website, or through other communication channels deemed appropriate by LessFlux.

The most current version of these Terms shall be published on the LessFlux website and shall indicate the effective date of the applicable version.

Unless otherwise required by applicable law, revised Terms shall become effective upon publication or on the effective date specified within the revised Terms.

By continuing to access or use the Services after the effective date of revised Terms, the User agrees to be bound by the updated Terms.

If a User does not agree with the revised Terms, the User must discontinue use of the Services and, where applicable, terminate the relevant Account prior to the effective date of the revised Terms.

No modification, amendment, waiver, or variation of these Terms by a User shall be binding upon LessFlux unless expressly agreed in writing by an authorized representative of LessFlux.

 

23. Governing Law and Jurisdiction

These Terms, the Services, and any dispute, claim, controversy, proceeding, or matter arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles.

The parties shall first attempt in good faith to resolve any dispute through direct discussions and negotiations.

If a dispute cannot be resolved amicably, the courts of Romania shall have exclusive jurisdiction over any dispute, claim, controversy, or proceeding arising out of or relating to these Terms or the Services, except where applicable law provides otherwise.

Nothing in these Terms shall limit any rights that cannot be waived under applicable consumer protection laws.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or the Services.

 

24. Contact Information

Questions, notices, legal communications, requests, complaints, data protection inquiries, and other communications relating to the Services or these Terms may be directed to LessFlux using the contact information set forth below:

LessFlux S.R.L.
Registered in Romania
Tax ID: 52902421

Website: https://lessflux.com

General Contact: contact@lessflux.com

Data Protection and Privacy Requests: gdpr@lessflux.com

LessFlux may update its contact information from time to time by publishing updated information on its website or through the Services.