Privacy notice, EULA, and other legal documents for FluxBit.
FluxBit End User License Agreement (EULA)
Copyright (c) 2025-2026 Stefan Hodgman. All rights reserved.
This software ("FluxBit") is proprietary and licensed, not sold. You agree
to be bound by the terms below by any of the following acts: selecting "I
accept" in the FluxBit installer; passing the IACCEPT=YES property on the
msiexec command line for a silent install; or installing, copying, or
using FluxBit. If you do not agree, do not install or use the software
and request a refund within the period set out in Section 3.
1. LICENSE GRANT
Subject to your payment of the applicable license fee and your continued
compliance with this Agreement, the licensor grants you - a single named
natural person ("Licensee") - a non-exclusive, non-sublicensable,
non-transferable, revocable license to install and use FluxBit on any
number of machines, provided each installation is used solely by Licensee.
(a) Household. Members of Licensee's immediate household may use FluxBit
on Licensee's own machines for non-commercial purposes without a
separate license.
(b) Commercial / employer use. Any use of FluxBit in the course of paid
employment or for the benefit of a legal entity requires a separate
license per individual user, regardless of who owns the machine.
(c) Reassignment. A commercially licensed seat may be reassigned to a
different individual no more than once every ninety (90) days,
provided the prior user ceases all use.
(d) Succession. On Licensee's death, the license may be transferred once
to a single heir or estate beneficiary on written notice to the
licensor; otherwise it terminates.
(e) Self-certification. On the licensor's written request (no more than
once per twelve months), Licensee will confirm in good faith the
number of individual users and that use complies with this Agreement.
No on-site audit rights are granted.
2. RESTRICTIONS
You may NOT, in whole or in part:
(a) modify, adapt, translate, or create derivative works of FluxBit,
except as expressly permitted by applicable law that cannot be
waived by contract;
(b) reverse engineer, decompile, or disassemble FluxBit, except (i)
decompilation strictly necessary to achieve interoperability of an
independently created program, as permitted by Article 6 of EU
Directive 2009/24/EC, German UrhG s.69e, and equivalent local
laws; (ii) observation, study, and testing of the functioning of
FluxBit under Article 5(3) of Directive 2009/24/EC and equivalent
laws; and (iii) acts permitted under 17 U.S.C. s.1201(f), (g), or
(j) or any other mandatory statutory exception. Nothing in this
Agreement waives or restricts rights that cannot be waived by
contract under applicable law;
(c) rent, lease, lend, sell, sublicense, redistribute, or otherwise
transfer FluxBit or your license to any third party except as
expressly permitted by Section 1;
(d) remove, obscure, or alter any proprietary, copyright, or trademark
notices contained in FluxBit;
(e) develop a substantially similar product using FluxBit's source
code or proprietary algorithms;
(f) use FluxBit in violation of any applicable law.
3. PAYMENT AND REFUNDS
A license is required for all use. There is no free tier and no free
trial. The 14-day refund offer in this Section is a goodwill
commercial policy, not a written warranty within the meaning of
15 U.S.C. s.2301(6).
(a) Goodwill refund. If you are dissatisfied with FluxBit for any
reason, you may request a full refund within fourteen (14) days of
your original purchase by emailing refunds@fluxbit.app. We will
acknowledge your request within five (5) business days and process
the refund to your original payment method. After 14 days the
goodwill refund offer ends. The goodwill refund offer is
independent of, and in addition to, any statutory right described
in (b) and (c) below; nothing in this Section limits any statutory
remedy you may have for defective digital content under applicable
consumer-protection law (see Section 12).
(b) EU/EEA statutory withdrawal. If you are a consumer resident in
the EU/EEA and you begin downloading or installing FluxBit, you
expressly consent to immediate performance and acknowledge that
you thereby lose your statutory 14-day right of withdrawal for
digital content supplied without a tangible medium (EU Directive
2011/83/EU Art. 16(m)). We will send written confirmation of your
consent and acknowledgement to the email address you provide
before performance begins. The model cancellation form set out in
Annex I(B) of Directive 2011/83/EU is available on request to
refunds@fluxbit.app. For online dispute resolution, see
https://ec.europa.eu/consumers/odr.
(c) UK statutory cancellation. If you are a consumer resident in the
UK and you begin downloading or installing FluxBit, you expressly
consent to immediate performance and acknowledge that you thereby
lose your statutory 14-day cancellation right (Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations
2013 reg. 37). We will send written confirmation of your consent
and acknowledgement to the email address you provide before
performance begins. The Schedule 3 model cancellation form is
available on request to refunds@fluxbit.app.
(d) Microsoft Store. If you purchased FluxBit through the Microsoft
Store, Microsoft's own refund policy applies in addition to the
goodwill refund in (a).
4. UPDATES
Updates, if any, are provided at the licensor's discretion and are
governed by this Agreement unless accompanied by a separate license.
For consumers in the EU/EEA, the licensor will supply updates
(including security updates) reasonably necessary to keep FluxBit in
conformity with the contract for the period required by Directive (EU)
2019/770 (Digital Content Directive) as implemented locally. For UK
consumers, equivalent obligations under the Consumer Rights Act 2015
apply. Material feature removals will be disclosed in release notes;
security and bug-fix updates may be delivered without separate notice.
5. THIRD-PARTY COMPONENTS
FluxBit incorporates third-party open-source components distributed
under permissive licenses (MIT, BSD-3-Clause, Apache-2.0, ISC). Those
components, and only those components, are listed in
THIRD_PARTY_LICENSES.md which is part of this distribution. Nothing in
this Agreement restricts your rights under those licenses with respect
to those listed components. All other portions of FluxBit are governed
exclusively by this Agreement.
6. OWNERSHIP
FluxBit is licensed, not sold. The licensor retains all right, title,
and interest in and to FluxBit, including all intellectual property
rights.
7. TERMINATION
This license terminates automatically if you fail to cure a material
breach of this Agreement within fourteen (14) days of written notice
from the licensor (no cure period is required where the breach is
incapable of cure, including unauthorized redistribution). On
termination you must cease all use of FluxBit and destroy all copies
in your possession.
8. PATENT GRANT AND DEFENSIVE TERMINATION
The licensor grants you a non-exclusive, non-transferable, royalty-free
license, limited to the term of this Agreement, to any patents the
licensor owns or controls that are necessarily infringed by your
unmodified use of FluxBit as licensed. This patent license terminates
automatically if you initiate against the licensor a patent claim
asserting that FluxBit, as supplied by the licensor, infringes a
patent. Defensive counterclaims are exempt from this provision.
9. IP INFRINGEMENT REMEDY
If a third party brings a claim that your authorised use of FluxBit
infringes that party's intellectual property rights, the licensor
will, at its option and as your sole and exclusive remedy: (a) modify
FluxBit to be non-infringing; (b) procure the right for you to keep
using it; or (c) refund the fees you paid for the license in the
twelve (12) months preceding the claim and terminate this Agreement.
10. USER INDEMNITY
This Section 10 does not apply to you if you are a consumer acting
outside your trade, business, craft, or profession. For Licensees
that are not consumers, you will defend, indemnify, and hold
harmless the licensor from any third-party claim arising from
(a) your breach of this Agreement, (b) your data or inputs to
FluxBit, (c) any modification or combination of FluxBit you make
with software or services not supplied by the licensor, or (d) your
violation of applicable law.
11. NO WARRANTY
SUBJECT TO SECTION 12 AND TO YOUR STATUTORY RIGHTS AS A CONSUMER,
FLUXBIT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT FLUXBIT WILL
BE ERROR-FREE OR UNINTERRUPTED. Nothing in this Section limits the
licensor's conformity obligations under Directive (EU) 2019/770, the
UK Consumer Rights Act 2015, or equivalent local consumer law.
12. LIMITATION OF LIABILITY
12.1 EXCLUSIONS. SUBJECT TO SECTION 12.3 AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA,
GOODWILL, USE, ANTICIPATED SAVINGS, CONTRACTS, BUSINESS
INTERRUPTION, OR CORRUPTION OF DATA, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF FLUXBIT, EVEN IF
THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12.2 CAP. SUBJECT TO SECTION 12.3, THE LICENSOR'S TOTAL CUMULATIVE
LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF
(A) THE AMOUNT YOU PAID FOR THE LICENSE IN THE TWELVE (12)
MONTHS PRECEDING THE CLAIM, OR (B) EUR 100 (OR THE EQUIVALENT
IN YOUR LOCAL CURRENCY AT THE PREVAILING EXCHANGE RATE ON THE
DATE OF THE CLAIM, OR USD 100, WHICHEVER IS GREATEST).
12.3 CARVE-OUTS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS
LIABILITY FOR:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) gross negligence or willful misconduct;
(d) any liability that cannot lawfully be excluded or limited,
including non-waivable consumer rights under the South
African Consumer Protection Act 68 of 2008 (especially
sections 53, 55, 56, and 61) and the Protection of
Personal Information Act 4 of 2013, the UK Consumer
Rights Act 2015 (including sections 49, 50, and 57),
the German BGB (including ss.307-309, and liability for
breach of essential contractual obligations
("Kardinalpflichten")), the French Code de la consommation
and Civil Code art. 1170, the Quebec Consumer Protection
Act, the EU Digital Content Directive (2019/770) and Sale
of Goods Directive (2019/771) as implemented in
member-state law, the Australian Consumer Law (Schedule
2, Competition and Consumer Act 2010), the consumer-
protection statutes of any US state (including but not
limited to California, New York, Massachusetts, New
Jersey, and Illinois) that prohibit such limitation, and
equivalent statutes in other jurisdictions;
(e) the licensor's obligations under Section 9 (IP
infringement remedy).
12.4 CONSUMER RIGHTS PRESERVATION. If you are a consumer, your
statutory rights are unaffected by this Agreement. Where local
law prohibits any limitation in this Section, that limitation
applies only to the extent permitted by such law; the remainder
of this Section and this Agreement remains in effect.
12.5 AUSTRALIAN CONSUMER LAW. Where Schedule 2 of the Competition
and Consumer Act 2010 (Cth) (the "Australian Consumer Law")
applies, the licensor's liability for failure to comply with a
non-excludable consumer guarantee is, at the licensor's option,
limited to: (a) the resupply of FluxBit; or (b) refund of fees
paid (Section 64A).
12.5A SOUTH AFRICAN CONSUMER PROTECTION ACT. For Licensees who are
consumers in South Africa within the meaning of the Consumer
Protection Act 68 of 2008 ("CPA"), this Agreement does not
exclude or limit any right, warranty, or remedy under the CPA
that cannot be excluded by contract, including the implied
warranty of quality under s.55(2), the right to safe goods
under s.61, and the right to cancel an advance reservation,
booking, or order under s.17 as applicable. Where the CPA
provides a more generous remedy than this Agreement, the CPA
remedy prevails. The licensor accepts service of process at
the South African address published at fluxbit.app.
12.6 GERMAN-LAW SAFE HARBOUR. For Licensees in Germany, in the case
of breach of essential contractual obligations
("Kardinalpflichten") caused by ordinary negligence, the
licensor's liability is limited to foreseeable damages typical
for this type of contract. This provision does not limit the
carve-outs in Section 12.3.
12.7 UK CONSUMER SAFE HARBOUR. For UK consumers, the cap in Section
12.2 does not apply to liability that cannot be excluded under
the Consumer Rights Act 2015 sections 49, 50, or 57. For such
liability the cap is the greater of fees paid or a reasonable
sum reflecting foreseeable loss.
13. CONTACT
The licensor's full legal name and geographic postal address are
disclosed on the FluxBit website (fluxbit.app) and at the point of
sale, in compliance with EU Directive 2011/83/EU Art. 6 and the UK
Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013, Schedule 2.
Contact addresses:
- Refund requests: refunds@fluxbit.app
- General support: support@fluxbit.app
- Privacy / data-protection requests: privacy@fluxbit.app
- IP / copyright notices: legal@fluxbit.app
Notices alleging infringement of intellectual property should include
the elements set out in 17 U.S.C. s.512(c)(3) and equivalent local
law. Service of process on the licensor may be effected by email to
legal@fluxbit.app, with simultaneous prepaid post to the postal
address published at fluxbit.app.
14. GOVERNING LAW AND JURISDICTION
14.1 This Agreement is governed by the laws of England and Wales,
excluding its conflict-of-laws rules and the UN Convention on
Contracts for the International Sale of Goods.
14.2 The parties irrevocably submit to the exclusive jurisdiction of
the courts of England and Wales for all disputes arising out of
or in connection with this Agreement, including non-contractual
disputes. This Section 14.2 is intended to be an exclusive
choice-of-court agreement under the Hague Convention of 30
June 2005 on Choice of Court Agreements.
14.3 EU/EEA and UK consumer carve-out. If you are a consumer
resident in the EU/EEA or UK: (a) you retain the mandatory
protections of the law of your country of habitual residence
under Rome I Regulation Art. 6 (and Rome I as retained in UK
law); (b) you may bring proceedings against the licensor in
the courts of your habitual residence; and (c) the licensor
will sue you only in the courts of your habitual residence.
14.4 US consumer carve-out. If you are a US-resident consumer,
nothing in this Section deprives you of the mandatory
protections of, or of the right to sue under, the
consumer-protection statute of your state of residence,
including California Civil Code s.1750 et seq. (CLRA), New York
General Business Law s.349, Massachusetts G.L. Ch. 93A, and
equivalent statutes.
14.5 Injunctive relief. Notwithstanding Section 14.2, either party
may apply to any court of competent jurisdiction for interim
or injunctive relief to protect its intellectual property or
confidential information. Such application does not constitute
a waiver of Section 14.2.
15. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement is held unenforceable, that
provision will be enforced to the maximum extent permitted and the
remainder of this Agreement will remain in full force and effect.
This Agreement constitutes the entire agreement between you and the
licensor concerning FluxBit and supersedes any prior agreement on
the same subject matter.
16. EXPORT CONTROL AND SANCTIONS
FluxBit is of US/UK origin and is subject to the export-control
laws of the United States (EAR, 15 CFR Parts 730-774; classification
ECCN 5D992.c), the United Kingdom (Export Control Order 2008), and
the European Union (Regulation 2021/821). Licensee represents and
warrants that Licensee: (a) is not located in, ordinarily resident
in, or a national of Cuba, Iran, North Korea, Syria, or the Crimea,
Donetsk, Luhansk, Zaporizhzhia, or Kherson regions of Ukraine;
(b) is not listed on the US Treasury OFAC Specially Designated
Nationals list, the US Commerce Department Denied Persons, Entity,
or Unverified lists, the UK OFSI Consolidated List, the EU
Consolidated Financial Sanctions List, or any equivalent
restricted-party list; (c) will not use FluxBit in connection with
the design, development, production, or use of nuclear, chemical,
or biological weapons or missile technology; and (d) will not
re-export, transfer, or make FluxBit available to any person or
destination prohibited by applicable export-control or sanctions
law. Breach of this Section is a material breach incapable of cure
and terminates this Agreement immediately.
17. GENERAL
17.1 Notices. Written notices to the licensor must be sent to
legal@fluxbit.app, with simultaneous prepaid post to the postal
address published at fluxbit.app. The licensor will give you
written notice at the email address you provide at purchase.
17.2 Assignment. You may not assign or transfer this Agreement or
your license except as expressly permitted by Section 1. The
licensor may assign this Agreement in connection with a merger,
acquisition, or sale of substantially all of its assets, on
notice to you.
17.3 Force majeure. Neither party is liable for any failure or
delay in performance (other than payment obligations) caused by
events beyond its reasonable control, including acts of God,
war, terrorism, civil disturbance, government action, labour
disputes, internet or utility failures, or pandemics.
17.4 No waiver. Failure by the licensor to enforce any provision is
not a waiver of that provision or any other provision.
17.5 No third-party beneficiaries. This Agreement is for the
benefit of the parties only; no third party has rights under
this Agreement except as expressly stated.
17.6 US Government rights. FluxBit is "commercial computer software"
and "commercial computer software documentation" under FAR
12.212 and DFARS 227.7202. US Government end users acquire only
the rights set out in this Agreement.