The following terms and conditions of use (the “Terms”) constitute an Agreement between you (the “Customer,” “User,” “You,” or “Your”) and RELUXITY Corp, LLC and its affiliates and subsidiaries (collectively, the “Company,” “our,” “us,” or “we”). These Terms govern your use of and access to the Service detailed below and are a legally binding agreement between You and Reluxity.

**Introduction:**
By accessing the website https://reluxity.com (collectively the “Site” or “Website”), submitting information to us or using the Service constitutes your Agreement to these Terms, and you consent to the collection, use, and disclosure of information as described in these Terms and our Privacy Policy, which is incorporated into and forms a part of these Terms.

Reluxity provides a platform for the development and hosting of websites. We reserve the right, acting in our sole discretion and at any time, to revise these Terms, including the Privacy Policy. It is your responsibility to ensure that You are aware of the current Terms when you access or use the Site.

We will notify you of any substantial changes via electronic mail to the email address the User signs up with. Reluxity is not responsible for notifications that are routed to a spam folder. The User is considered notified upon email delivery confirmation and continued use of the Services after any change to this Agreement constitutes your agreement to be bound by any such changes.

The terms of this Agreement shall govern the use of any new features that augment or enhance the current Services, including the release of new Company Services.

**Terms of Our Web Development and Hosting Service:**

**1. General Terms**
To use our Service, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Reluxity.

You understand that the technical processing and transmission of the Service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. You agree that You will not interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.

Reluxity may monitor, terminate or suspend Your Account at any time. Reluxity may immediately, and without prior notice, terminate Your ability to access the Service or portions thereof for any reason including, without limitation: (i) if You violate or otherwise fail to strictly comply with any term or provision of these Terms, (ii) if we have determined that Your use has created or potentially will create risk or legal exposure for Reluxity, or (iii) in response to requests by law enforcement or other government agencies.

You acknowledge and agree that any termination or suspension of Your Account may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination or suspension of Your Account or access to the Service.

Reluxity may use third-party features and/or hosting partners to provide technology required to run the Service. You agree to indemnify, defend, and hold harmless Reluxity and its suppliers from any and all loss, cost, liability, and expense arising from or related to Your data, Your use of the Service, or Your violation of these terms.

Due to the combination of resources required, development cost, or delivery timeframe desired, some customization requests are not possible. We cannot guarantee that there is a solution available for any given customization request.

**2. Privacy Laws**
You acknowledge and agree that any personal information, emails, and/or customer data provided by You to Reluxity or data collected by You or collected through Your use of our Service, has been collected lawfully according to applicable privacy laws, including the General Data Protection Regulation (GDPR). We will not be held liable for any failures by You to follow privacy laws. We agree to utilize data we collect only for the purposes set forth in our Privacy Policy and we will fulfill our obligations to keep such data secure.

**3. RELUXITY Website Payment Terms**
You agree to pay Reluxity an initial development fee (the “Initial Fee”), due immediately upon signing up, and a monthly hosting & service fee (the “Monthly Fee”) as dictated on the Website (depending on chosen products during or after signup), which is initiated immediately upon beginning development.

IDX services are not included in the initial or ongoing fee and are considered a separate cost.

Reluxity Reserves the right to increase prices at any time with a thirty (30) day written notice.

Reluxity shall submit the Invoice to the Customer for payment. Payment is due upon receipt. Any invoices not paid within ten (10) business days from receipt shall be considered past due and may be subject to late fees.

Reluxity reserves the right to administer a finance charge of 2% per month or the maximum amount allowed by law on the unpaid amount of an invoice. A late fee may be charged on past due accounts. In the event Reluxity exercises its right to charge a late fee payments by the Customer will thereafter be applied first to accrued interest and then to the principal unpaid balance. The Customer shall also be liable for all attorney and collection fees arising from Reluxity’s efforts to collect any unpaid balance of the Customer’s account(s).

The initial fee is 100% refundable if the Customer requests a refund prior to the commencement of work on the website and so long as the request for a refund is made within three (3) months from the time the purchase is made.

The initial fee is considered non-refundable once work has commenced and the site has been provisioned. Any other fees incurred as a result of a work order or job requested by the Customer shall be non-refundable.

All Customers whose hosting fees are current will receive ongoing services to their website in the form of updates, feature updates, or other, as such updates are released by Reluxity and its Partners. Reluxity reserves the right to determine the timing of any Scheduled Updates. Any work performed by Reluxity on the Customer website beyond the Scheduled Updates must be agreed to in writing, and shall be billed and invoiced at the agreed-upon rate. The invoice is due upon receipt.

A rush order on special requests is available at the rate of 1.5x the agreed-upon rate. Any special requests which must be completed within two (2) business days of the Customer request shall be considered rush requests and may be subject to increased rates.

Reluxity agrees to work with the Customer to identify any customization requests before work commences on a site, as well as work to explore alternatives in cases where a specific request is not available. In the event that a ‘custom’ workaround is available, Reluxity agrees to discuss implementation, development cost, and time frame for completion with the Customer to obtain approval before commencing work.

Reluxity restricts chargebacks of any kind. If the Customer has an issue with services or fees, the Customer is required to send an email to the address listed in 17.2.3 of this Agreement to further discuss the matter.

**4. Term & Termination**
This Agreement shall be effective as of the date you place an order for Services and shall

remain in force until it is terminated.

This Agreement may be terminated by either party immediately with written notice to the other.

This Agreement shall terminate if either party breaches any material obligation provided hereunder, and the breaching party fails to cure such breach within twenty (20) days of receipt of the notice of breach.

This Agreement may be terminated by Reluxity as stated above:
– Immediately if the Customer fails to pay any fees hereunder;
– If the Customer fails to cooperate with Reluxity or hinders Reluxity’s ability to perform the Services hereunder;
– If the Customer includes in their website any adult material or material that is deemed illegal, immoral, or improper in any jurisdiction;
– If the Customer includes in their website any material that infringes the intellectual property of any third party.

**5. Service & Hosting Terms**
Upon payment of the Initial Fee we shall set up and customize the website for the Customer as per specifications. After initial customization is complete and the site has been moved to the Customer’s primary domain, the Customer shall update and manage the content of their website through their administrative dashboard. The customized website shall only be hosted on our servers and cannot be transferred to a third party hosting provider. Reluxity does not support the installation of 3rd party plugins or products on its network. If the Customer wants to use 3rd party features they must install the 3rd party features on their own accord. Reluxity can provide options for embeddable third party scripts on the front end only and cannot guarantee the functionality.

For Custom designed websites, Reluxity agrees to work with the Customer through three (3) rounds of revisions without incurring additional fees. If the scope of the project changes, or work has to be ‘re-done’ (as in the case of a logo change, brokerage change, or in more general terms, a substantial modification to the original agreed upon scope of the project), Reluxity reserves the right to charge additional fees for labor incurred as a result.

We do not monitor the content of our Customer’s websites. However, you agree not to include in your customized website any content that infringes the intellectual property of anyone, including but not limited to copyrighted text, copyrighted images, and trademarks.

Hosting includes 400Mb (megabytes) of storage space for text, documents, and pictures. Uptime checks are permitted under the following conditions:
– Maximum of 1 uptime “check” request per 5 minutes, per site
– ALL uptime checks MUST check https://mydomain.org/am-i-up
– NO OTHER URLs are allowed to be checked
– All uptime checks that do not match these requirements will be throttled and/or blocked completely. Throttled checks will appear, incorrectly, as downtime in your uptime check
– Uptime checks and bots MUST NOT set a Cache-Control header to bypass cache
– Reluxity will ensure 99% website uptime for a given month. Scheduled maintenance time of fewer than five hours each month will not be counted towards the downtime guarantee.
– Reluxity does not provide email hosting solutions but will assist Customers to ensure existing email setups are configured and functional on the completed customized website. In the event that the Customer requests support from Reluxity to configure their emails on third-party servers, the Customer acknowledges that their email may go down for an unidentified period of time and agrees to hold Reluxity harmless for such events.
– Reluxity shall maintain the right to display a link, including a linked image, to our websites, including but not limited to: https://reluxity.com

**6. Internet Data Exchange (IDX) Terms**
Reluxity agrees to integrate the Customer’s chosen 3rd party Internet Data Exchange Service provider (the “IDX Solution”) into the customized website.

It is the responsibility of the Customer to review their chosen IDX solution to ensure full compatibility with “The Customer’s” objectives within the customized website, including any and all functionalities.

Reluxity shall not be held liable for any issues directly stemming from the IDX Solution (including but not limited to server outages, MLS revocations, or other issues not directly resulting from fault of Reluxity)

**7. DNS (Domain Name System) Terms**
Reluxity uses Cloudflare as DNS & proxy for protection against DDoS / hacking attacks by automated scanners.

In order for Reluxity to protect and preserve the integrity of its servers, it requires that the DNS for the Customers website be fully managed through Reluxity’s Cloudflare account.

At its discretion, Reluxity may choose to grant certain exceptions to this term, as detailed in Appendix C.

**8. Disclaimer & Warranties**
Reluxity makes no representation or warranty that the Service or other information provided, regardless of its source, are accurate, complete, reliable, current, or error-free. Reluxity disclaims all liability for any inaccuracy, error, or incompleteness in the Service. The Service and any third-party software and services are provided “as is,” with no warranties whatsoever. Reluxity and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third party software or services.

You acknowledge that You will keep a backup copy of any content You upload and/or transmit through the Service and Reluxity will not be held liable should content be lost.

You shall not upload or transmit through the Site any material that violates or infringes the rights of others or is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Any testimonials or examples shown through Reluxity’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Service. You acknowledge that Reluxity has not and does not make any representations as to the future result that may be derived as a consequence of use of the Service.

**9. Intellectual Property Rights**
Reluxity Website shall only be hosted within our Company’s servers. The customer is not entitled to transfer a website to another hosting provider. Reluxity shall retain all intellectual property rights in the website, including all copyrights, under all circumstances, including the termination of this Agreement by either party. You will not copy, imitate, modify, alter, amend, or use any of the intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of

or rights to any intellectual property of Reluxity to the User, nor grant any right or license other than those stated in this Agreement.

All data, text, and images uploaded by the Customer onto the website shall remain the property of the Customer. You agree that any and all content You upload and/or transmit through the Service is lawfully owned by You. You agree that You own the copyright or have the proper permissions for all content and images You upload and/or transmit through the Service. Reluxity will not be held liable for any copyright claims against your content. If you believe that material available on our Site infringes on your copyright(s), please notify us by submitting a Digital Millennium Copyright Act (DMCA) notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.

**10. Disclaimer of Warranties**
Reluxity warrants that its Services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document, or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any website, customized website, or hosting service.

THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY Reluxity CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE. Reluxity DOES NOT GUARANTEE CUSTOMER’S WEBSITE PLACEMENT ON SEARCH ENGINES.

Reluxity ONLY PROVIDES A SERVICE TO ITS CUSTOMERS. ALL SOFTWARE, INFORMATION, CONTENT, MATERIAL, FILE, DATABASE, ARCHIVE, TECHNIQUE, PROGRAMS OR ANY OTHER TOOL OR DATA DEVELOPED AND USED FOR THE CREATION AND/OR USAGE OF THE CUSTOMIZED WEBSITE SERVICES AND HOSTING SERVICE OR SERVICES BELONGS SOLELY TO Reluxity, AND IT SHALL NOT BE TRANSFERRED TO CUSTOMERS. CUSTOMERS CAN ONLY UTILIZE THE SERVICES OF Reluxity IN Reluxity’S SERVERS AND WITHIN Reluxity’S INFRASTRUCTURE.

**11. Limitation of Liability**
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, RELUXITY.COM CORP, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Reluxity HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Reluxity CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION.

**12. Third Party Resources**
The Site and/or Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Reluxity. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

**13. Release of Claims**
In no event will Reluxity be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Service. You hereby release Reluxity from any and all claims, including those related to personal or business interruptions, misapplication of information, or any other loss, condition, or issue.

**14. Indemnification**
The Customer shall indemnify, defend, and hold harmless Reluxity against any liability, damage, loss, or expense (including reasonable attorney’s fees and expenses of litigation) incurred by or imposed upon any of Reluxity in connection with any first, second, and/or third-party claims, suits, actions, demands, or judgments (“Claims”) under any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability) resulting from or arising out of the practice or use of any of Reluxity Technology or Joint Technology (or any part thereof) by Reluxity, its Affiliates, or any of their Sublicensees, or concerning any product, process, or service that is made, used, or sold pursuant to any right or license granted by Reluxity under this Agreement.

**15. Governing Law & Dispute Resolution**
These Terms (and any further rules, policies, or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association.

The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Florida or via telephone.

The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period.

The written decision of the arbitrators (which will provide for the payment of costs, including attorney’s fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

**16. Assignment**
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, or otherwise transferable by You.

Any transfer, assignment, or delegation by you is invalid. Reluxity reserves the right to transfer this Agreement without written permission from the Customer.

**17. Miscellaneous**
**17.1. – ADA Compliance**
The Customer acknowledges and agrees to assume any and all responsibility for ADA compliance under the Americans with Disabilities Act of 1990.

Reluxity offers an ADA compliance add-on to provide the Customer with an ADA compliance solution. Reluxity does its best to keep the

Customer up-to-date with the status of ADA Compliance. If the Customer is concerned about compliance, the Customer is advised to regularly engage with Reluxity to ensure that the Customer’s website is ADA compliant.

**17.2. – Contact**
Any notices required to be given hereunder to Company by Customer shall be deemed given five (5) business days after deposited in the United States mail, postage prepaid, certified mail, return receipt requested or two (2) business days after deposit with a nationally recognized overnight courier.

Company may provide Customer with notice via email to the email address that Customer provided to Company at sign-up. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

**17.3. – Interpretation**
These Terms constitute the entire agreement between you and us regarding the use of the Service and supersedes all prior agreements and understandings, whether written or oral.

**17.4. – No Waiver**
A failure by Reluxity to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

**17.5. – Feedback**
We welcome any comment, question, and communication at info@reluxity.com. If you provide us with any suggestions, comments, or other feedback relating to any aspect of the Service, the Site, or our business (collectively, “Feedback”), we may use such Feedback in the Service or in any other Company product or service (collectively, “Company Offerings”).

Accordingly, you agree that: (i) Company is not subject to any confidentiality obligations in respect to the Feedback, (ii) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to us, (iii) Company (including all of its successors and assigns and any successors and assigns of any of Reluxity Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Company Offerings, and (iv) you are not entitled to receive any compensation or reimbursement of any kind from Company or any of the other users.

**17.6. – Uptime and Bandwidth**
Uptime and bandwidth are defined as stated on Reluxity’s Website.

**17.7. – Enforcement**
If any part of this Agreement is not enforced, this does not mean that other parts of the Agreement are not enforced. If any part of this Agreement is found to be unenforceable, all other parts of this Agreement remain in full force and effect.

**17.8. – No Right of Survivorship and Non-Transferability**
You agree that your Company Account is non-transferable and any rights to your Company ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

**17.9. – Headings for Convenience**
Headings of sections are for convenience only and shall not be used to limit or construe such sections.

**17.10. – GDPR**
In the case that data in the form of files or databases is required to be deleted from Company’s storage systems under the European General Data Protection Regulation (GDPR), a written request must be sent to Reluxity for said removal.

**17.11. – Non-Disparagement Clause**
The Customer agrees to not defame or disparage Reluxity or any of its officers, managers, members, employees or agents in any manner. Reluxity agrees to not defame or disparage the Customer or its principals in any manner.

**17.12. – Dispute Resolution Clause**
The Customer agrees to mediate any dispute or claim arising out of this Agreement before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.

**17.13. – Third Party Hosting**
Reluxity reserves the right to utilize third-party hosting providers to provide hosting services. Such third-party hosting providers are not bound by the same Service Level Agreements (SLA) as Reluxity, and such third-party hosting providers may go down without notice. You understand and agree to use the Service at your own risk.

**17.14. – Taxes**
Reluxity is not responsible for taxes or other fees. The Customer agrees to be responsible for, and to indemnify and hold Reluxity harmless from and against, any taxes, duties, or fees (including without limitation sales, use, and withholding taxes) imposed by any governmental authority arising from the activities contemplated by this Agreement (other than taxes imposed on Reluxity’s income).

**17.15. – Hosting Services**
Reluxity may host the Customer’s website on behalf of the Customer through an independent hosting provider. Reluxity will host the Customer’s website through one of its infrastructure partners (as chosen by Reluxity).

**17.16. – Third-Party Plugins**
Reluxity does not allow third-party plugins on its website as Reluxity reserves the right to remove or disable third-party plugins that are deemed harmful or unstable. We do not guarantee that third-party plugins will be supported on our platform and should the Customer install any third-party plugins Reluxity cannot guarantee the functionality of the website.

**17.17. – Priority Support**
All websites hosted with Reluxity receive access to our standard email support ticketing system. Premium phone support is available for an additional fee.

**17.18. – API Usage**
We do not guarantee API support or uptime.

**17.19. – Payment & Pricing**
Reluxity reserves the right to change pricing at any time without notice.

**17.20. – Refund Policy**
The Customer may request a full refund of their initial payment within three (3) months of signing up with Reluxity. Once a refund is processed, the Customer will lose all ownership of their customized website and may not use Reluxity’s code on any other server, nor may the Customer take Reluxity’s code and have it modified or hosted by another development company.

**17.21. – Limitations**
Reluxity reserves the right to disable or remove any website it believes to be detrimental to its network or at the request of any recognized authority.

**17.22. – Premium SEO Services**
Reluxity offers Premium SEO services for an additional fee. Reluxity makes no guarantee that these services will improve the search engine ranking of the Customer’s website.

**17.23. – Payment Options**
Payment can be made by Credit Card or ACH. Payments are due upon receipt.

**17.24. – Due Dates**
All payments are due upon receipt of the invoice. Invoices are issued on the 1st and are due on the 1st.

**17.25. – Scheduled Updates**
All websites hosted with Reluxity receive Scheduled Updates to ensure the safety and functionality of the website. Reluxity reserves the right to determine the timing of Scheduled Updates. Any work performed by Reluxity on the Customer website beyond the Scheduled Updates must be agreed to in writing and shall be billed and invoiced at the agreed-upon rate. Invoices are due upon receipt.

**17.26. –

Refund Request Timelines**
A full refund request must be submitted within three (3) months of sign-up. Refund requests that do not meet this timeline may not be approved. Reluxity reserves the right to deny refund requests that do not meet the timeline.

**17.27. – Premium Services**
Reluxity offers Premium Services for an additional fee. These services may include website changes, website upgrades, SEO, website enhancements, and other services. Reluxity makes no guarantee that these services will improve the website in any way and the Customer is responsible for any and all fees associated with these services. Prices are subject to change at any time without notice.

**17.28. – Cloudflare**
Reluxity uses Cloudflare as a proxy for security purposes. Reluxity retains the right to revoke any exceptions or grants to this policy at any time.

**17.29. – Bug Reports**
The Customer may not post any bug report on Reluxity’s website. Any bug reports found posted publicly on Reluxity’s website will be immediately removed. If the Customer is having trouble with the service, the Customer may open a support ticket by emailing support@reluxity.com.

**17.30. – Account Information and Data**
Reluxity reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of the Service. This means that Reluxity may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote the transparency, accountability, and integrity of our Service, Reluxity may also make information concerning your account, including your personally identifiable information, available to third parties: (i) to comply with legal obligations; (ii) when we believe in good faith that the law requires it; (iii) at the request of governmental authorities conducting an investigation; (iv) to verify or enforce our Terms of Service or other applicable policies; (v) to respond to an emergency; or (vi) otherwise to protect the rights, property, safety, or security of third parties, visitors to the Service, Reluxity, or the public. The information we may disclose includes, but is not limited to, customer name, physical address, email address, phone number, and any and all account activity.

**17.31. – EULA for Software**
The Customer may be required to agree to a separate End User License Agreement (EULA) before using the software. By using the software, the Customer agrees to all terms and conditions laid out in the EULA.

**17.32. – Affiliate Program**
Reluxity may offer an affiliate program. Customers are not automatically enrolled in the affiliate program, and Customers must apply for acceptance into the program. Reluxity reserves the right to change or remove the affiliate program at any time without notice.

**17.33. – Payment Authorization**
The Customer authorizes Reluxity to use the ACH payment method on the Customer’s account to bill the Customer for any and all services provided by Reluxity.

**17.34. – Lead Generation**
If Reluxity has agreed to provide leads to the Customer, the Customer agrees to pay Reluxity $199 for each lead that Reluxity sends to the Customer. Payment is due within five (5) business days of the lead being sent. If the Customer fails to pay for any leads that Reluxity sends, the Customer may lose access to any other services being provided by Reluxity.

**17.35. – Termination for Non-Payment**
Reluxity may terminate the Customer’s access to the Service for non-payment. If the Customer is in breach of this Agreement due to non-payment, Reluxity may suspend the Customer’s Service at any time without notice. In the event of suspension for non-payment, the Customer will lose all access to the Service, including but not limited to hosting, websites, and support.

**17.36. – Prior Versions of Terms of Service**
The Customer acknowledges and agrees that Reluxity’s current version of the Terms of Service is binding, and that the Customer is responsible for checking Reluxity’s website regularly to view any changes to the Terms of Service.

**18. Changes to these Terms**
We reserve the right to change these Terms at any time, and we will notify you of any material changes by sending you an email or otherwise notifying you through the Service. New versions of these Terms will also be posted on this page and will become effective on the date of posting. By continuing to use the Service after the effective date of such changes, you agree to be bound by the modified Terms. It is your responsibility to check the Terms regularly for updates.

This Agreement was last updated on June 21, 2023.

Appendix A
**Hosting & Web Hosting Services**
All hosting services provided by Reluxity are hosted on third-party servers. The Customer is responsible for all charges incurred in the creation and maintenance of their hosting plan. Reluxity reserves the right to disconnect any hosting service for any account for which fees are not paid in full by the due date. In the event that an account is disconnected for non-payment, the Customer will be responsible for all costs associated with reconnecting the account.

**1. Price Changes**
Reluxity reserves the right to change pricing at any time without notice. Price changes will only apply to new hosting plans and will not affect existing plans.

**2. Payment & Payment Options**
All payments are due upon receipt of the invoice. Invoices are issued on the 1st and are due on the 1st. If the Customer fails to pay for hosting by the due date, the Customer may be subject to a late fee. If the Customer’s account remains past due for more than 30 days, the Customer’s website may be taken offline and all data may be deleted.

**3. Account Termination for Non-Payment**
Reluxity may terminate the Customer’s access to hosting for non-payment. If the Customer is in breach of this Agreement due to non-payment, Reluxity may suspend the Customer’s Service at any time without notice. In the event of suspension for non-payment, the Customer will lose all access to the Service, including but not limited to hosting, websites, and support.

**4. Hosting Plans**
Reluxity offers various hosting plans. Hosting plans may change without notice. The Customer may not switch between hosting plans without permission from Reluxity.

**5. Hosting Access**
The Customer is responsible for maintaining access to their hosting account. If the Customer loses access to their hosting account, they may need to purchase a new hosting plan and re-upload their website. Reluxity is not responsible for lost access to hosting accounts.

**6. Hosting with 3rd Parties**
Reluxity reserves the right to utilize third-party hosting providers to provide hosting services. Such third-party hosting providers are not bound by the same Service Level Agreements (SLA) as Reluxity, and such third-party hosting providers may go down without notice. You understand and agree to use the Service at your own risk.

**7. Hosting Add-ons**
Reluxity may offer hosting add-ons for an additional fee. Hosting add-ons may include increased storage space, SSL certificates, and more. Reluxity makes no guarantee that hosting add-ons will be available or supported indefinitely. Prices are subject to change at any time without notice.

**8. Service Level Agreement (SLA)**
Reluxity offers an SLA to guarantee uptime for hosting services. Reluxity will ensure 99% uptime for a given month. Scheduled maintenance time of fewer than five hours each month will not be counted towards the

99% uptime. If Reluxity falls below the 99% uptime guarantee, Reluxity will credit the Customer’s account for that month’s hosting fee. Credit will be applied to the Customer’s next invoice.

**9. Cloudflare**
Reluxity uses Cloudflare as a proxy for security purposes. Reluxity retains the right to revoke any exceptions or grants to this policy at any time.

**10. Server Location**
Reluxity will host the Customer’s website on servers in the United States unless otherwise requested by the Customer.

**11. Hosting Security**
Reluxity takes all reasonable precautions to ensure the security of hosted websites. However, Reluxity is not responsible for any damage that may occur due to security breaches.

**12. Data Loss**
The Customer is responsible for the backup of their website and all data. In the event of data loss, Reluxity is not responsible for any damages that may occur.

**13. Hosting of Prohibited Content**
The Customer is prohibited from using hosting services to host prohibited content, as outlined in Section 4.4. Reluxity reserves the right to remove any prohibited content without notice.

**14. Hosting of Third-Party Software**
Reluxity does not allow third-party software on its servers. The Customer may not host any third-party software on Reluxity’s servers. Reluxity reserves the right to remove or disable any third-party software that is deemed harmful or unstable. The Customer is responsible for any damage caused by third-party software.

**15. Shared Hosting**
Reluxity offers shared hosting services. Shared hosting means that multiple customers share a server. The Customer is responsible for any and all damages caused by their use of shared hosting.

**16. Hosting Account Information**
The Customer is responsible for maintaining the confidentiality of their hosting account information. Reluxity is not responsible for any damages that may occur due to lost or stolen hosting account information.

**17. Hosting Abuse**
The Customer may not use hosting services for the transmission of spam, viruses, or other harmful or disruptive content. Reluxity reserves the right to disconnect any hosting service for any account that is found to be in violation of this section. In the event that an account is disconnected for abuse, the Customer will be responsible for all costs associated with reconnecting the account.

**18. Hosting Resources**
Reluxity offers hosting plans with different levels of resource allocation. The Customer may not exceed the allocated resources for their hosting plan. If the Customer exceeds their allocated resources, Reluxity reserves the right to upgrade the Customer’s hosting plan or charge additional fees for resource overages.

**19. Hosting Backups**
Reluxity may provide backup services for hosting accounts. However, Reluxity is not responsible for any damages that may occur due to data loss. The Customer is responsible for maintaining their own backups.

**20. Hosting Limitations**
Reluxity reserves the right to disable or remove any website that is found to be detrimental to its network or at the request of any recognized authority.

**21. Hosting Downtime**
Reluxity makes every effort to ensure the uptime of hosted websites. However, Reluxity is not responsible for any damages that may occur due to downtime.

**22. Hosting Support**
Reluxity provides standard email support ticketing for all hosting customers. Premium phone support is available for an additional fee.

**23. Hosting Maintenance**
All hosting services include Scheduled Updates to ensure the safety and functionality of the website. Reluxity reserves the right to determine the timing of Scheduled Updates. Any work performed by Reluxity on the Customer website beyond the Scheduled Updates must be agreed to in writing and shall be billed and invoiced at the agreed-upon rate. Invoices are due upon receipt.

**24. Hosting Refunds**
The Customer may request a full refund of their initial payment within three (3) months of signing up with Reluxity. Once a refund is processed, the Customer will lose all ownership of their customized website and may not use Reluxity’s code on any other server, nor may the Customer take Reluxity’s code and have it modified or hosted by another development company.

Appendix B
**Website Customization Services**
All website customization services provided by Reluxity include a customized website developed from a template chosen by the Customer. Customization may include changes to content, layout, design, and other aspects of the website.

**1. Customization & Revisions**
The Customer is allowed a specific number of customizations and revisions per month, as outlined in the Customer’s chosen package. Any work performed by Reluxity on the Customer website beyond the allocated customizations and revisions must be agreed to in writing and shall be billed and invoiced at the agreed-upon rate. Invoices are due upon receipt.

**2. Content Ownership**
All content developed by Reluxity for the Customer’s website is the property of the Customer. The Customer owns the copyright to all content developed for their website.

**3. Website Licensing**
Reluxity reserves the right to license website templates and designs from third-party providers. The Customer is not allowed to transfer the website to another development company.

**4. Website Backups**
Reluxity may provide backup services for websites. However, Reluxity is not responsible for any damages that may occur due to data loss. The Customer is responsible for maintaining their own backups.

**5. Website Limitations**
Reluxity reserves the right to disable or remove any website that is found to be detrimental to its network or at the request of any recognized authority.

**6. Website Development & Third-Party Software**
Reluxity may use third-party software in the development of websites. The Customer may not host or use any third-party software on the website unless otherwise agreed upon in writing.

**7. Website Maintenance**
All websites include Scheduled Updates to ensure the safety and functionality of the website. Reluxity reserves the right to determine the timing of Scheduled Updates. Any work performed by Reluxity on the Customer website beyond the Scheduled Updates must be agreed to in writing and shall be billed and invoiced at the agreed-upon rate. Invoices are due upon receipt.

**8. Website Refunds**
The Customer may request a full refund of their initial payment within three (3) months of signing up with Reluxity. Once a refund is processed, the Customer will lose all ownership of their customized website and may not use Reluxity’s code on any other server, nor may the Customer take Reluxity’s code and have it modified or hosted by another development company.

**9. E-commerce Websites**
Reluxity offers e-commerce websites for an additional fee. Reluxity makes no guarantee that e-commerce websites will function as intended and the Customer is responsible for all fees associated with e-commerce websites. Prices are subject to change at any time without notice.

**10. Mobile Responsiveness**
Reluxity makes every effort to ensure that websites are mobile responsive. However, Reluxity is not responsible for any damages that may occur due to lack of mobile responsiveness.

**11. Website SEO**
Reluxity offers SEO services for an additional fee. Reluxity makes no guarantee that SEO services will improve the search engine ranking of the Customer’s website.

**12. Website Speed**
Reluxity makes every effort to ensure that websites load quickly. However, Reluxity is not responsible for any damages that may occur due to slow website speed.

**13. Website Security**
Reluxity takes all reasonable precautions to ensure the security of hosted websites. However, Reluxity is not responsible for any damage that may occur due to security breaches.

**14. Website Support**
Reluxity provides standard email support ticketing for all website customers. Premium phone support is available for an additional fee.

 

**15. Website Analytics**
Reluxity may offer website analytics services for an additional fee. Reluxity makes no guarantee that analytics services will improve the performance of the website. Prices are subject to change at any time without notice.

**16. Website Payment Authorization**
The Customer authorizes Reluxity to use the ACH payment method on the Customer’s account to bill the Customer for any and all services provided by Reluxity.

Appendix C
**SEO & Marketing Services**
All SEO and marketing services provided by Reluxity are designed to improve the search engine ranking and online visibility of the Customer’s website.

**1. SEO & Marketing Services**
Reluxity offers SEO and marketing services for an additional fee. Reluxity makes no guarantee that these services will improve the search engine ranking or online visibility of the Customer’s website. Prices are subject to change at any time without notice.

**2. SEO & Marketing Results**
Reluxity makes no guarantee as to the results that may be achieved through SEO and marketing services. The Customer is responsible for all fees associated with SEO and marketing services.

**3. SEO & Marketing Refunds**
The Customer may request a full refund of their initial payment for SEO and marketing services within three (3) months of signing up with Reluxity. Once a refund is processed, the Customer may not use Reluxity’s SEO and marketing services or take any action that would directly or indirectly use Reluxity’s SEO and marketing services.

**4. SEO & Marketing Content**
Reluxity may develop content for SEO and marketing purposes. All content developed by Reluxity for SEO and marketing is the property of the Customer. The Customer owns the copyright to all content developed for their website.

**5. SEO & Marketing Licenses**
Reluxity reserves the right to license content, templates, and designs from third-party providers. The Customer is not allowed to transfer any content, templates, or designs to another development company.

**6. SEO & Marketing Billing**
The Customer authorizes Reluxity to use the ACH payment method on the Customer’s account to bill the Customer for any and all services provided by Reluxity.

**7. SEO & Marketing Third-Party Software**
Reluxity may use third-party software in the development of SEO and marketing campaigns. The Customer may not host or use any third-party software on the website unless otherwise agreed upon in writing.

**8. SEO & Marketing Limitations**
Reluxity reserves the right to disable or remove any website that is found to be detrimental to its network or at the request of any recognized authority.

**9. SEO & Marketing Support**
Reluxity provides standard email support ticketing for all SEO and marketing customers. Premium phone support is available for an additional fee.

**10. SEO & Marketing Analytics**
Reluxity may offer SEO and marketing analytics services for an additional fee. Reluxity makes no guarantee that analytics services will improve the performance of SEO and marketing campaigns. Prices are subject to change at any time without notice.

**11. SEO & Marketing Email**
Reluxity may offer email marketing services for an additional fee. Reluxity makes no guarantee that email marketing services will improve the performance of email marketing campaigns. Prices are subject to change at any time without notice.

**12. SEO & Marketing Reporting**
Reluxity may offer SEO and marketing reporting services for an additional fee. Reluxity makes no guarantee that reporting services will improve the performance of SEO and marketing campaigns. Prices are subject to change at any time without notice.

**13. SEO & Marketing Website Ownership**
All websites developed as part of SEO and marketing campaigns are the property of the Customer. The Customer owns the copyright to all content developed for their website.

**14. SEO & Marketing Licensing**
Reluxity reserves the right to license website templates and designs from third-party providers. The Customer is not allowed to transfer the website to another development company.

Cookies

What are Cookies

Cookies are small pieces of data stored on a site visitor’s browser, usually used to keep track of their movements and actions on a site. They are implemented in order to provide a more customized browsing experience and for analytics and metrics about our visitors both on this website and other media.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.

The Cookies We Set

• Site preferences cookies
• Third-party cookies for analytics

More Information

Hopefully, that has clarified things for you, and as was previously mentioned if there is something that you aren’t sure whether you need or not, it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the Cookies Policy Template Generator and the WebTerms Generator. However, if you are still looking for more information, you can contact us through one of our preferred contact methods.