Fluck for Business Terms of Service

Fluck AI LTD ("Fluck", "we", "us", "our") Company No. 15723506, registered in England & Wales Innovation Centre, Knowledge Gateway, Boundary Road, Colchester, Essex, CO4 3ZQ, United Kingdom Contact: hello@fluckai.com or via the contact form at https://www.fluckai.com/contact

Effective date: 14 July 2026

1. About these terms

1.1 These Terms of Service, together with the documents they incorporate (the "Agreement"), govern your access to and use of the Fluck Business Portal and related services (the "Service"). The Agreement is between Fluck AI LTD and the business entity that registers for the Service (the "Business", "you", "your").

1.2 The Agreement incorporates by reference:

• the Data Processing Agreement ("DPA"), which governs our processing of personal data on your behalf;
• the Acceptable Use Policy ("AUP"); and
• any order form, subscription plan description or written scope agreed between us.

1.3 If there is a conflict, the order of precedence is: (a) any signed order form; (b) the DPA; (c) these Terms of Service; (d) the AUP.

1.4 This is a business-to-business agreement. The Service is provided for use in the course of business only. The statutory protections given to consumers under the Consumer Rights Act 2015 and other UK consumer-protection legislation do not apply to you.

2. Acceptance and authority to bind

2.1 By clicking "I accept" (or an equivalent), by signing an order form, or by accessing or using the Service, you agree to the Agreement.

2.2 The individual accepting the Agreement warrants that they are at least 18 years old and are duly authorised to bind the Business. If you do not have that authority, or the Business does not agree, you must not access or use the Service.

2.3 You confirm that you are entering into the Agreement in the course of a trade, business, craft or profession.

3. The Service

3.1 The Service is a software-as-a-service platform which may include, depending on your plan: review and reputation management; digital loyalty (wallet stamps, tiers and vouchers); an omnichannel inbox spanning WhatsApp Business, Instagram, Facebook/Messenger, email and web chat; a knowledge base and AI assistant that answers customer and staff questions from your own content; ticketing and SLA management; customer profiles/CRM; surplus offers; and discovery/listing of your business to the Fluck consumer application.

3.2 We grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term for your internal business purposes, subject to the Agreement and your plan limits.

3.3 Changes to the Service. We continually improve the Service and may add, modify, or remove features. We will not make a change that materially degrades the core functionality of a paid plan you are then paying for without giving you reasonable prior notice. We may make changes at any time to address security, legal, or platform-provider requirements.

3.4 Beta features. Features labelled beta, preview, or experimental are provided "as is", may be changed or withdrawn, and are excluded from any service commitments and warranties.

3.5 Availability. We aim to keep the Service available but do not guarantee uninterrupted access. We may suspend access for maintenance, and will use reasonable efforts to schedule planned maintenance to minimise disruption.

4. Accounts, team members and security

4.1 To use the Service you must register an account and provide accurate, current and complete information, and keep it up to date.

4.2 You may invite team members and assign them roles and permissions. You are responsible for all activity under your account and your team members' accounts, and for ensuring your team members comply with the Agreement.

4.3 You must keep credentials confidential, enable available security controls (including multi-factor authentication where offered), and notify us promptly at hello@fluckai.com of any suspected unauthorised access or security incident affecting your account.

4.4 You are responsible for promptly deactivating team members who leave your organisation or no longer require access.

5. Acceptable use

5.1 Your use of the Service is subject to the Acceptable Use Policy, which forms part of the Agreement. Breach of the AUP is a material breach of the Agreement.

5.2 You must not (and must not permit any third party to): reverse engineer, decompile or attempt to extract source code except to the extent permitted by law; resell or make the Service available to third parties except your own end customers as intended; introduce malware; probe or breach security; or use the Service to build a competing product.

6. Customer data and data protection

6.1 In this section, "Customer Data" means the personal data of your customers, contacts and other data subjects that you (or your customers) submit to, or that is generated through, the Service, for example messages, contact details, loyalty records, review interactions, tickets and CRM profiles.

6.2 Roles. As between the parties, you are the controller of Customer Data and Fluck is the processor. You determine the purposes and means of processing; we process Customer Data only to provide the Service and on your documented instructions.

6.3 Our processing of Customer Data is governed by the DPA, which is incorporated into the Agreement. In accepting the Agreement you also accept the DPA on behalf of the Business.

6.4 You warrant that you have all necessary rights, lawful bases, notices and consents to collect the Customer Data, to provide it to us, and to have it processed as contemplated by the Agreement, and that your instructions to us comply with applicable data-protection law.

6.5 Aggregated and de-identified data. We may create and use aggregated or de-identified data (which does not identify you or any individual) to operate, secure, analyse and improve the Service. We do not use the content of your Customer Data to train general-purpose or third-party AI models except as permitted by the DPA.

7. Integrations and third-party platform compliance

7.1 The Service can connect to third-party platforms including Meta (WhatsApp Business, Instagram, Facebook/Messenger), Google Business Profile and Trustpilot (each an "Integration"). Integrations are provided by third parties, not by us.

7.2 Your use of each Integration is subject to that third party's terms, policies and technical requirements, in addition to the Agreement. You are responsible for reviewing and complying with them, including the Meta Platform Terms, Meta Developer Policies, the WhatsApp Business Messaging Policy and Commerce Policy, the Google Business Profile policies, and Trustpilot's guidelines.

7.3 You warrant that you own or are authorised to connect each account you link, and that you have all rights and consents needed to send messages to, and process data about, the customers you contact through the Service. This includes, for WhatsApp and other messaging channels, obtaining valid opt-in before messaging customers and complying with customer-care / messaging-window and template-message rules.

7.4 Platform Data. Where the Service accesses data from Meta or another platform ("Platform Data"), that data is used only to provide the Integration features you enable. Neither you nor Fluck may sell, license or purchase Platform Data, transfer it to a data broker or advertising network, or use it for any purpose not permitted by the relevant platform's terms. Platform Data is deleted when you disconnect the Integration, when access is revoked, or when it is no longer needed for the enabled feature, subject to legal retention obligations.

7.5 We are not responsible for the availability, accuracy or acts or omissions of any Integration, or for changes a third party makes to its platform, terms or APIs that affect the Service. A third party may suspend, rate-limit or terminate your access to its platform; we are not liable for the consequences.

7.6 You are solely responsible for your own regulatory and legal compliance when using Integrations, including electronic-marketing and consent rules under PECR and UK GDPR.

8. AI assistant

8.1 The Service includes an AI assistant that generates answers and suggested replies drawn from the content you provide (your knowledge base, past messages and connected content).

8.2 You are responsible for the accuracy, lawfulness and completeness of the knowledge-base content you supply. AI outputs are only as good as that content.

8.3 AI outputs are assistive and probabilistic. They may be incomplete or incorrect. They do not constitute professional, legal, financial, medical or other regulated advice. You are responsible for reviewing AI outputs before relying on them or sending them to customers.

8.4 Where you enable automated replies, you are responsible for configuring approval and review controls appropriate to your business and for any message sent from your account, including where your settings send it automatically. Where law, a platform's terms, or your regulatory obligations require human review or disclosure that a customer is interacting with an automated system, you are responsible for meeting that requirement.

8.5 You must not use the AI assistant to generate content that is unlawful, misleading or in breach of the AUP.

8.6 AI-assisted review replies. To help you reply to customer reviews, review text together with the reviewer's name and the business name is sent to Anthropic (Claude API, United States) to generate a suggested draft reply. Every draft is reviewed and approved by a person before use; no reply is published by automated means alone. Anthropic acts as our sub-processor and does not use the data to train its models. This US transfer is safeguarded by Standard Contractual Clauses (with the UK Addendum/IDTA as applicable).

9. Fees, billing, taxes and renewal

9.1 Free tier and trials. We may offer a free tier and time-limited trials. Free and trial access is provided "as is" and may be changed, limited or withdrawn at any time. Trial data may be deleted at the end of a trial unless you upgrade to a paid plan.

9.2 Fees. Paid plans are charged at the fees stated on your order form or plan page. Unless stated otherwise, fees are billed in advance for the subscription period and are non-refundable except as required by law.

9.3 Taxes. Fees are exclusive of VAT and other applicable taxes, which you will pay in addition at the prevailing rate.

9.4 Payment. You authorise us (and our payment processor) to charge your chosen payment method for all fees due. If a payment fails, we may retry and may suspend paid features until amounts are paid.

9.5 Late payment. Overdue sums may accrue interest under the Late Payment of Commercial Debts (Interest) Act 1998.

9.6 Auto-renewal. Paid subscriptions renew automatically for successive periods equal to the initial period unless cancelled before the renewal date. We may change fees for a renewal term on at least 30 days' notice before that term; if you do not accept the change, you may cancel with effect from the end of the current term.

9.7 Cancellation. You may cancel a subscription at any time through the Service or by contacting hello@fluckai.com, effective at the end of the current billing period. Cancellation stops future renewals; it does not entitle you to a refund of fees already paid for the current period.

10. Intellectual property and feedback

10.1 Our IP. We and our licensors own all intellectual property rights in and to the Service, including its software, models, designs, documentation and branding. Except for the rights expressly granted, no rights are granted to you.

10.2 Your content. You retain all rights in the content and data you submit ("Your Content", which includes Customer Data). You grant us a non-exclusive, worldwide licence to host, process, transmit and display Your Content solely to provide and support the Service and as permitted by the DPA.

10.3 Feedback. If you give us suggestions, ideas or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use it without restriction or obligation to you.

11. Confidentiality

11.1 Each party may receive confidential information of the other. The recipient will use it only to perform under the Agreement, protect it with reasonable care, and not disclose it except to personnel and advisers who need it and are bound by confidentiality.

11.2 Confidentiality does not apply to information that is public through no fault of the recipient, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or regulator (with notice where lawful).

12. Warranties and disclaimers

12.1 Each party warrants that it has the authority to enter into the Agreement.

12.2 We warrant that we will provide the Service with reasonable skill and care.

12.3 Except as expressly stated, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, conditions and terms, whether express or implied, including any implied terms of satisfactory quality, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet your requirements, or that AI outputs or Integration data will be accurate or complete.

13. Limitation of liability

13.1 Nothing in the Agreement limits or excludes either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be limited or excluded.

13.2 Subject to clause 13.1, neither party is liable to the other for any: loss of profits, revenue, business, anticipated savings, goodwill or reputation; loss or corruption of data (beyond our obligations in the DPA); or any indirect or consequential loss, in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

13.3 Subject to clauses 13.1 and 13.2, each party's total aggregate liability arising out of or in connection with the Agreement in any 12-month period is limited to the total fees paid or payable by you to us for the Service in the 12 months immediately before the event giving rise to the liability. Where no fees have been paid (for example, on the free tier), that aggregate liability is limited to £100.

13.4 The cap in clause 13.3 does not apply to: your obligation to pay fees; your indemnity in clause 14; or either party's breach of the other's intellectual property rights or of confidentiality obligations.

13.5 You are responsible for maintaining your own records and, where important to you, exporting or backing up Your Content.

14. Indemnity

14.1 You will indemnify and hold us harmless against all losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or in connection with: (a) Your Content and Customer Data, including any claim that it infringes rights or was collected or processed unlawfully; (b) your breach of clauses 6 (data protection warranties), 7 (Integrations) or the AUP; and (c) your use of the Service in breach of applicable law or a third-party platform's terms.

15. Term, suspension and termination

15.1 The Agreement starts when you first accept it or access the Service and continues until terminated in accordance with this clause or the end of your subscription without renewal.

15.2 Suspension. We may suspend all or part of your access immediately if: you materially breach the Agreement or the AUP; your use poses a security risk or risk to the Service or others; a payment is overdue; or a third-party platform requires it. Where practicable we will give notice and an opportunity to remedy.

15.3 Termination for breach. Either party may terminate the Agreement on written notice if the other materially breaches it and fails to remedy the breach within 30 days of notice (or immediately if the breach is incapable of remedy).

15.4 Termination for convenience. You may terminate by cancelling your subscription (clause 9.7). We may terminate the Agreement, or discontinue the Service or the free tier, on at least 30 days' written notice.

15.5 Either party may terminate immediately if the other becomes insolvent, enters administration or liquidation, or ceases to trade.

16. Effect of termination

16.1 On termination, your right to access the Service ends and any outstanding fees for the current period become due.

16.2 For a period of 30 days after termination, you may export Your Content (or request its return) using the tools we provide. After that period we will delete or anonymise Your Content in accordance with the DPA, unless we are required by law to retain it.

16.3 Clauses that by their nature should survive termination (including 6, 10, 11, 12, 13, 14, 16, 19 and 20) will survive.

17. Changes to the Agreement

17.1 We may update these Terms, the AUP or the DPA from time to time. For material changes to a paid plan we will give at least 30 days' notice by email or in-product notice. Continued use of the Service after changes take effect constitutes acceptance. If you do not accept a material change, your remedy is to stop using the Service and cancel before the change takes effect.

18. Notices

18.1 Notices to us must be sent to hello@fluckai.com. Notices to you may be given by email to your account contact or by in-product notice. Notices are deemed received on the next business day after sending.

19. General

19.1 Assignment. You may not assign or transfer the Agreement without our consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets.

19.2 Entire agreement. The Agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions. Neither party relies on any statement not set out in the Agreement.

19.3 No waiver. A failure to enforce a term is not a waiver of it.

19.4 Severance. If any provision is unenforceable, the rest remains in effect.

19.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

19.6 Third parties. No one other than the parties has any right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999.

20. Governing law and jurisdiction

20.1 The Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) are governed by the laws of England and Wales.

20.2 The courts of England and Wales have exclusive jurisdiction, except that we may bring proceedings to protect our intellectual property or recover sums due in any competent court.

These terms are provided by Fluck AI LTD for business customers. For questions, contact hello@fluckai.com or use the contact form at https://www.fluckai.com/contact.