Terms of Sale

1. Agreement and seller

These Terms of Sale (the “Terms”) are an agreement between you and Gunnar BioTechnology LLC (“Gunnar BioTech,” “we,” “us,” or “our”), a Florida limited liability company. By checking the agreement box and continuing to checkout, you confirm that you have read and agree to these Terms and the Refund Policy.

You may contact us at [email protected].

2. Eligibility and United States sales

You must be at least 18 years old and legally able to enter into a contract to make a purchase. If you purchase for an organization, you represent that you have authority to bind it to these Terms.

Fluxion is intended for users age 13 and older. A user under 18 must have permission from a parent or legal guardian. An adult purchasing for a user age 13 through 17 represents that the adult is the user's parent or legal guardian, or otherwise has authority and all required permission to authorize the user's use.

We currently offer and fulfill purchases only within the United States. You may not purchase from, or for delivery or use outside, the United States through this checkout.

3. Product, price, taxes, and payment

The product description, price, currency, and included license rights shown on the purchase page when you order are part of these Terms. Prices may change for future purchases but will not change an already completed purchase. Applicable taxes, if any, will be shown at checkout.

Stripe provides the hosted checkout and processes payment. You authorize the charge shown at checkout and represent that you are authorized to use the payment method. We may reject or cancel an order before fulfillment if payment is not authorized, the order appears fraudulent or abusive, required information is inaccurate, or the transaction cannot lawfully be completed. If we cancel a paid order, we will refund the amount collected.

4. Electronic delivery

Fluxion is delivered electronically. After successful payment and verification, we send the license key and order information to the email address provided at checkout. You are responsible for providing an accurate email address, keeping the license key secure, and maintaining compatible equipment and internet access needed for download, activation, validation, and updates.

If you do not receive the license email, contact support. Do not start a payment dispute solely because an automated email was delayed or filtered before giving us a reasonable opportunity to deliver it.

5. License purchased

Your payment purchases a limited license to use Fluxion; it does not transfer ownership of the software or its intellectual property. Subject to payment and compliance with these Terms and the Fluxion End User License Agreement (“EULA”), the license is:

• perpetual: it has no subscription renewal or preset expiration date, but may end if it is refunded, terminated for a material breach, or otherwise ended under the EULA;
• single-user: it is for one individual user and may not be shared among multiple users;
• non-transferable: it may not be sold, assigned, sublicensed, rented, or transferred to another person; and
• limited to two personal devices: the licensed user may activate and use Fluxion on up to two devices under the user's personal control.

A parent or legal guardian may purchase for and authorize one minor user as described in Section 2. The more detailed EULA governs installation, activation, permitted use, restrictions, and termination. If the EULA conflicts with these Terms, the EULA controls software use and these Terms control the purchase and refund.

6. Updates and support

We may offer maintenance releases, improvements, compatibility updates, documentation, or support, but your one-time purchase does not guarantee any particular feature, update, support response time, or compatibility with future hardware, operating systems, third-party software, or file formats. We do not promise to provide updates or support indefinitely. A future product or major version may be offered under separate terms or for an additional charge.

7. Refunds

You may request a full refund within 30 calendar days after the purchase date, subject to the Refund Policy, which is incorporated into these Terms. A full refund deactivates the associated license. After deactivation, you must stop using and uninstall all copies of Fluxion provided under that license.

This policy does not limit any non-waivable right or remedy available under applicable law.

8. Acceptable purchase and license conduct

You may not use false or misleading purchase information; make an unauthorized payment; resell or distribute a license key; share a single-user license with multiple people; circumvent activation, device, security, or access controls; or use the checkout, licensing service, or refund process fraudulently or abusively. We may suspend fulfillment or deactivate a license associated with fraud, a reversed payment, a full refund, or a material violation, subject to applicable law and the EULA.

9. Educational and research use; no medical advice

Fluxion is software for educational, visualization, and research purposes. It is not a medical device, diagnostic service, clinical decision-support system, laboratory instrument control system, or substitute for professional medical, scientific, engineering, or safety judgment. Do not use Fluxion to diagnose, treat, cure, prevent, or make decisions about disease, patient care, or other safety-critical matters. You are responsible for independently reviewing outputs and determining whether the software is suitable for your intended use.

10. Disclaimers

To the fullest extent permitted by law, Fluxion, the website, delivery systems, and related services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the software will be uninterrupted, error-free, completely secure, or compatible with every system, or that results will be accurate or suitable for a particular purpose.

Some laws do not allow certain warranty exclusions. In that case, the exclusions apply only to the extent permitted, and these Terms do not take away rights that cannot lawfully be waived.

11. Limitation of liability

To the fullest extent permitted by law, Gunnar BioTech and its members, employees, contractors, and service providers will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, revenue, data, research, opportunities, or business interruption, arising from or related to the product or purchase, even if advised that such damages were possible.

To the fullest extent permitted by law, our total liability arising from or related to a Fluxion purchase will not exceed the amount you paid us for that purchase. These limitations do not apply to liability that cannot lawfully be excluded or limited.

12. Governing law and courts

Florida law governs these Terms and the purchase, without regard to conflict-of-law principles. Any lawsuit arising from or related to these Terms or the purchase must be brought in a state or federal court with jurisdiction in Hillsborough County, Florida, and each party consents to those courts. This section does not prevent either party from bringing an eligible individual claim in small claims court or exercising a non-waivable right under applicable law.

These Terms do not require mandatory arbitration.

13. Changes, severability, and complete agreement

The version you accept at checkout governs that purchase. We may revise these Terms for future purchases by posting a new version and effective date. We will not retroactively replace the accepted terms for a completed purchase unless you agree or the change is required by law.

If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. These Terms, the incorporated Refund Policy, the product and price shown at checkout, and the EULA form the complete agreement concerning the purchase and licensed use of Fluxion, except for any separate written agreement signed by us.

14. Contact