Last updated: October 11, 2025
These Terms & Conditions (“Terms”) are a binding agreement between OG Web Design Inc. (“we,” “us,” “our”) and the business entity that registers for and uses the FluxOrders services (“Customer”) and its authorized users (“Authorized Users”). FluxOrders is a B2B platform; it is not intended for individual consumers or children.
By accessing or using the FluxOrders mobile apps (iOS/Android), web application, or APIs (collectively, the “Services”), you accept these Terms.
Customer represents that (a) it is a business entity, (b) the individual accepting these Terms has authority to bind Customer, and (c) all registration information is accurate. Customer is responsible for keeping credentials confidential and for all activity under its accounts.
Subject to these Terms, we grant Customer a limited, non-exclusive, non-transferable, revocable license for Authorized Users to install and use the App and access the Services for Customer’s internal business purposes. Updates may be required to continue using the App. We may suspend access for security, legal, or operational reasons.
FluxOrders facilitates ordering between Customer and its counterparties. Pricing, product availability, taxes, shipping, and fulfillment are set by Customer’s own business rules. No in‑app purchases are provided. Fees for FluxOrders (if applicable) are invoiced off‑platform (e.g., via QuickBooks). Except as required by law or expressly agreed in writing, fees are non‑refundable once services are delivered. Customer is responsible for all applicable taxes.
Customer may choose to enable Integrations (e.g., QuickBooks). Use of Integrations is governed by those providers’ terms, and we are not responsible for their services. Customer authorizes us to exchange data with such providers as needed to operate the selected Integration.
Customer and Authorized Users must not: (a) use the Services unlawfully, to infringe rights, or to transmit malware; (b) attempt to access others’ data; (c) reverse engineer, decompile, or circumvent security; (d) overload or interfere with the Services; (e) perform penetration or load testing without prior written permission; or (f) use the Services for consumer purposes unrelated to Customer’s business. We may throttle or suspend access for abuse or security concerns.
Ownership. As between the parties, Customer owns Customer Data.
Use. We process Customer Data to provide and improve the Services and to support the Integrations Customer enables, in accordance with the Privacy Policy. Customer is responsible for obtaining any required consents and for data accuracy.
Each party will protect the other party’s non‑public information with reasonable safeguards. We implement technical and organizational measures appropriate for a B2B platform, but no method of transmission or storage is 100% secure.
We and our licensors own all right, title, and interest in and to the Services, the App, software, documentation, and our trademarks (including FluxOrders). No rights are granted other than those expressly stated. Feedback you provide may be used by us without restriction and without compensation.
We may modify or discontinue features from time to time. For material changes that negatively affect core functionality, we will use reasonable efforts to provide notice.
These Terms start when you first access the Services and continue until terminated. Either party may terminate for convenience with notice, or immediately for material breach. Upon termination, Customer access ceases. Data export: upon request within 30 days after termination, we will provide a copy of Customer Data in a commonly used format, except where prohibited by law or where data must be retained for legal, tax, or audit obligations. Certain sections survive termination (including ownership, confidentiality, disclaimers, limitations, governing law, and dispute resolution).
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR ITS CONFIGURATIONS, BUSINESS RULES, AND OUTPUTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO OG WEB DESIGN INC. FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Customer will defend and indemnify us from claims arising out of: (a) Customer’s or Authorized Users’ misuse of the Services; (b) Customer Data (including alleged infringement or violation of law); and (c) Customer’s breach of these Terms. We will reasonably cooperate at Customer’s expense.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law rules. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, for any dispute arising from these Terms, and waive any objection to venue or forum non conveniens.
Customer represents it is not located in, and will not use the Services in, any embargoed country or prohibited list under applicable export control and sanctions laws. Customer will not export or re‑export the App or Services in violation of such laws.
Neither party is liable for delays or failures due to events beyond its reasonable control, including acts of God, internet or hosting failures, labor disputes, governmental actions, or supply disruptions.
We may update these Terms from time to time. Material changes will be notified to account owners via email or in‑app notice. Continued use after the effective date constitutes acceptance of the updated Terms.
If the App is downloaded from Google Play, Customer acknowledges that Google is not a party to these Terms and has no obligations or liability regarding the App.
These Terms constitute the entire agreement between the parties regarding the subject matter and supersede prior or contemporaneous understandings, unless a separate master service agreement or signed order form expressly states otherwise. If any provision is held unenforceable, the remainder will remain in effect.
OG Web Design Inc.
700 Third Line, Oakville, ON L6L 4B1, Canada
Email: og@ogwebdesign.ca