Terms of Service

These Terms of Service ("Terms") govern access to and use of the website, client portal, applications, content, and services provided by Fylux Digital Solutions ("Fylux", "we").

By using our services, you confirm that you have read, understood, and accepted these Terms.

"Client" means the individual or legal entity that purchases or uses the services.

"Services" include all offerings listed on the website and any work approved in a proposal, SOW, or contract.

Services are intended for users aged 18 or older.

In B2B contexts, the person accepting these Terms represents that they have authority to bind the entity.

We provide digital and technology services listed in the Services sections of the website, including hosting and infrastructure, web and mobile development, SaaS, e-commerce, landing pages, business automation, AI integration, and security.

Specific scope, timelines, features, and deliverables are defined in the applicable proposal, SOW, or contract.

Requests are made through the contact form. A proposal may include timeline, requirements, pricing, and special conditions.

Acceptance of a proposal creates a contractual commitment and may require signature, upfront payment, or both.

Changes requested after approval may require additional fees, rescoping, and schedule updates.

Any change will be confirmed in writing before execution.

Access to the portal may require credentials, multi-factor authentication, and identity verification.

Clients are responsible for safeguarding credentials and activities performed under their accounts.

Prices are communicated in proposals or contracts. Certain services may include a monthly subscription of EUR 20 or an annual subscription of EUR 99.90, subject to confirmation and applicable taxes.

Payments must be made within agreed deadlines. Non-payment may result in temporary suspension.

Prices may include or exclude VAT depending on the service, customer location, and applicable law.

Clients must provide accurate billing details. Invoices are issued under Portuguese law.

Late payments may lead to service suspension until resolved.

Client delays in providing information may affect delivery timelines.

Custom services are generally non-refundable once work has started unless otherwise agreed in writing.

Subscriptions can be canceled at the end of the billing period unless a minimum commitment applies.

Clients must provide accurate information, materials, and access needed to deliver the services.

Clients are responsible for ensuring they have rights to any content provided.

Use of services for illegal, abusive, fraudulent, or rights-violating purposes is prohibited.

We may refuse content that violates law or these Terms.

Fylux retains rights to pre-existing methods, frameworks, libraries, and tools.

Rights to custom deliverables transfer to the client upon full payment unless otherwise agreed in writing.

Projects may include open-source or third-party software governed by their licenses. Clients agree to comply with those licenses.

Both parties agree to protect confidential information shared during the relationship.

Confidentiality obligations survive termination.

Personal data processing is governed by the Privacy Policy and applicable laws, including GDPR.

Where required, Data Processing Agreements (DPAs) may be executed.

We implement appropriate technical and organizational security measures.

We do not guarantee full data recovery unless a specific backup arrangement is agreed.

Unless explicitly agreed, no specific uptime SLA is guaranteed.

Planned maintenance or force majeure may affect availability.

Clients must respect agreed technical limits and avoid workloads that harm stability or security.

We may limit or isolate resources in case of abuse, operational risk, or breach of these Terms.

Deliverables should be reviewed and approved within agreed timelines to avoid project delays.

Lack of feedback within the defined period may be deemed acceptance.

Support is provided according to plan or agreement. Urgent requests should be clearly marked.

Ongoing maintenance or enhancements may require separate agreements.

We use providers such as Supabase, Vercel, and Resend. Service delivery may depend on their availability and terms.

We may suspend services for breach, security risk, unlawful use, or non-payment.

Clients may terminate under contractual conditions and subject to outstanding obligations.

Services are provided "as is" and "as available" unless otherwise stated in a contract.

We do not guarantee specific business results, revenue, or performance outcomes.

To the maximum extent permitted by law, we are not liable for indirect damages, lost profits, or data loss.

Total liability, if any, is limited to the amounts paid in the 3 months prior to the event.

The client agrees to indemnify Fylux for claims arising from unlawful use or third-party rights violations.

Neither party is liable for failure caused by events beyond reasonable control.

Clients may not assign their rights or obligations without written consent. Fylux may assign as part of corporate reorganizations.

These Terms are governed by Portuguese law. The courts of Lisbon shall have jurisdiction unless mandatory law provides otherwise.

We operate in Portugal, serve international clients, and plan EU expansion. Different jurisdictions may apply depending on the contract.

We may update these Terms periodically. The "Last updated" date indicates the current version.

Continued use after changes constitutes acceptance.

For questions about these Terms, contact: hello@fyluxds.com.