Terms of Use

Eligibility and authority

These Terms of Use ("Terms") are between Flotera Inc., a Delaware corporation ("Flotera," "we," "us" or "our"), and the person or organization using the services described above (the "Service").

You must be at least 18 years old and legally able to enter this agreement. If you use the Service for an organization, you represent that you have authority to bind it, and "you" includes that organization. You must own, administer or have permission to manage each server, marketplace account and other system you connect.

By accepting these Terms or using the Service where these Terms have been made available to you, you agree to them. Our Privacy Policy explains our handling of personal information; acceptance of these Terms is not consent to optional analytics, marketing or AI training. If you do not agree, do not use the Service.

A separately signed order, data processing agreement, service-level agreement or other written agreement controls to the extent it conflicts with these Terms. These Terms do not themselves establish a data processing agreement or a service-level guarantee.

What the Service does and what you authorize

Panel, agent and integrations

Flotera helps hosts monitor and manage GPU servers and connected marketplace listings. Depending on your plan, settings and permissions, features include hardware telemetry, server health and readiness checks, earnings and occupancy views, notifications, permitted server commands, marketplace listing management and pricing rules. Currently supported marketplace integrations are Vast.ai, Clore.ai and QuickPod. Availability and capabilities may differ by integration.

The installed Flotera agent is software on your server. It is not an AI assistant and does not replace a marketplace's own agent. Connecting a server does not mean that Flotera purchases, hosts or routes the workloads running on it. You remain responsible for your hardware, network, operating system, NVIDIA drivers and marketplace setup. The Flotera installer and panel do not install or update NVIDIA drivers.

Installation and hardware permissions

You authorize installation and operation of the agent only on systems you are entitled to administer. Installation uses administrator privileges to set up the agent, its service and related packages. Read-only is the default runtime mode: it collects supported hardware and operating data without enabling hardware-control commands. Full mode adds a privileged helper for supported hardware actions while the main agent runs as an unprivileged system user. Neither mode is a promise that installation never uses root privileges. Agent modes govern hardware access, not the separate permissions granted to marketplace integrations or MCP clients. Container installations are read-only and do not grant control of the host hardware; you are responsible only for systems you own or are authorized to administer.

Full-mode features can include GPU power limits, fan policies, reboot and power off. An authorized action can affect availability, power use, cooling, hardware stability, running processes and rental obligations. Review the selected server, permissions, consequences and recovery method before authorizing it. You must maintain appropriate backups, cooling, power, monitoring and a way to recover or power on the machine independently of Flotera. Product checks are safeguards, not a guarantee against hardware failure, an interrupted rental or lost data.

Agent updates and reinstallations are distinct from driver updates. Review the documented procedure and the reported outcome. Do not assume a pending or unconfirmed command succeeded, and do not repeat a potentially disruptive command without checking its status.

Pricing rules and automatic price updates

Pricing rules can produce suggestions for connected listings. You can apply a suggestion yourself or enable automatic price updates for the relevant servers. Enabling those updates authorizes subsequent supported listing-price changes under your settings without separately confirming each update. Account-wide and individual server settings can differ. A manual price edit does not necessarily disable automatic updates. Turning the account-wide setting off does not necessarily turn off an individual server override. Review both levels when disabling pricing automation. On Clore, a suggested price change can also adjust the spot floor proportionally, as disclosed with the suggestion. Automatic price updates do not themselves publish, hide or withdraw listings.

Review your rules, electricity-cost inputs, server-level overrides, notifications and activity records. Turning automation off stops changes that have not been sent; it does not undo a change already sent or guarantee immediate reversal at the marketplace. Marketplace delays and concurrent bookings can affect the result. Flotera does not guarantee that a suggestion maximizes revenue, covers your costs, preserves a particular price or prevents overlapping bookings.

Cross-marketplace listing coordination

Separate from pricing rules, the documented integration coordinates connected listings when the same server is offered on multiple marketplaces. It attempts to withdraw or hide the other listing when a rental starts and to restore it after the rental ends. Using this feature authorizes those supported listing changes under its disclosed setup and controls. Withdrawing Vast.ai asks can reset the listing’s search position. Delays or failed requests can leave a window for overlapping bookings; coordination is not an exclusivity guarantee. Use the documented withdrawal or “Don’t bring it back” action to stop automatic restoration, and check the marketplace result.

Coordination may operate as part of connecting and publishing the same server on supported marketplaces; it need not have a separate opt-in switch. Review the setup disclosures and available controls before publishing. These Terms do not expand the permissions or scope you grant through the product.

API and AI-client access

API access and Model Context Protocol (MCP) access have different capabilities. The currently documented API tokens provide read-only access. An AI assistant connected through MCP is a separate client you choose and authorize, not the installed Flotera agent.

For MCP, you choose the permitted tools and server scope. Enabling Write mode and an individual write tool authorizes that tool to perform its permitted actions without a separate confirmation for every call. Supported write tools currently include a quick self-test, GPU power-limit changes, listing-price changes and pricing-rule updates. Those permissions operate within the selected server scope, applicable agent permissions and enforced tool restrictions. They do not excuse Flotera from its own obligations or authorize actions outside those limits. Hardware power-limit changes can apply during a rental even when automatic listing-price updates would be skipped. MCP is not unrestricted panel access: it does not currently offer reboot, rental termination, marketplace switching or wallet operations.

Limit permissions to what is needed, review action logs and revoke access when it is no longer appropriate. Results returned to an external client may be processed by that client and its provider under their own terms. Connecting an AI client does not grant Flotera permission to train models on your data. See Section 5 and the Privacy Policy.

Availability and limits

Plans, integrations and documented technical limits determine which features are available. API and MCP rate, connection, history and permission limits may apply. Consult the panel and current documentation rather than assuming that a general feature description grants unlimited access or every listed operation.

We may offer previews or experiments and may change or discontinue features. We will use commercially reasonable efforts to give notice of material changes when appropriate, and will honor applicable notice requirements and separately agreed commitments. We do not promise that a particular integration, feature, price or plan will remain available indefinitely. Any estimates, telemetry, earnings figures, forecasts or marketplace information may be delayed, incomplete or inaccurate; evaluate their source and freshness before relying on them.

Accounts, credentials and security

Provide accurate account and billing information. Safeguard passwords, installation tokens, API tokens and marketplace keys, and limit access to authorized personnel. You are responsible for administering your account and the permissions you grant, subject to applicable law and Flotera's own obligations.

Connecting a marketplace authorizes Flotera to store and use the key you supply to retrieve information and carry out enabled actions. Marketplace keys are stored encrypted and are not displayed again after saving. Flotera's servers decrypt and use the key to check the key, call the marketplace, retrieve account, listing, price and earnings information, coordinate listings, make enabled changes and operate authorized MCP tools. For some Vast.ai and Clore.ai read requests, Flotera sends the customer's marketplace key sealed so that only that customer's own server can open it, and the agent calls the marketplace from that server. In that sealed-delivery path, the agent keeps the key in memory only. Encryption and sealed delivery are not guarantees against compromise.

Review and remove access separately where needed. Signing out or changing a password does not necessarily revoke API tokens, marketplace credentials or every integration. Disconnecting an integration in Flotera deletes the stored key, connected account data, server links and market data read with that key at once. Earnings history remains until account erasure, and backup copies age out on their normal schedule. Disconnecting an integration in Flotera is not the same as revoking its key with the issuer. Follow the documented account-recovery and revocation steps if you suspect compromise.

Promptly report suspected unauthorized access or credential compromise to security@flotera.com or through our Contact page. Do not include passwords, full tokens or payment credentials in a report. We may require appropriate identity, business, payment, sanctions, fraud or security checks before or during access.

Acceptable use

Use the Service only in compliance with these Terms, applicable law and the rights of others. You may not use it, or assist others to use it, to:

• Violate law, sanctions, export controls, intellectual property, privacy, contractual or other rights.
• Deploy malware or facilitate phishing, credential theft, fraud, spam, denial-of-service attacks, unauthorized cryptomining or unlawful surveillance.
• Access, control or probe a system, account or dataset without authorization, except under a Flotera-authorized security program.
• Interfere with the Service, evade access limits or billing, falsify identity or telemetry, manipulate marketplace data or disrupt other users.
• Resell or sublicense the Flotera Service itself, publish competitive benchmarks, reverse engineer it, scrape it or systematically extract its content except as permitted in writing, under an applicable open-source license or by mandatory law. This restriction does not prohibit using Flotera to manage your own authorized rental business on third-party marketplaces.
• Use the Service for activities where failure could reasonably cause death, serious bodily injury or catastrophic environmental or property damage without our prior written approval and appropriate safeguards.
• Submit content that is unlawful, infringing or exploitative, or that you lack permission to provide.

We may investigate suspected violations and cooperate with lawful requests. Reasonable security and technical limits may apply in addition to limits displayed in the interface.

Your data and privacy

As between you and Flotera, you retain your rights in configurations, server information, credentials, diagnostic material and other content you submit or make available through the Service ("Customer Data"). This does not transfer ownership of third-party marketplace information or override another person's rights.

You grant Flotera and its service providers a limited, non-exclusive license to receive, host, copy, transmit and otherwise process Customer Data as needed to provide, secure, support and improve the Service, comply with law and enforce these Terms, subject to the Privacy Policy and any applicable agreement. Processing personal information also requires the applicable legal basis; this license is not a substitute for it.

You must have the rights and permissions needed to provide Customer Data. Use appropriate access controls, backups and security measures. Do not submit unnecessary renter content, secrets or sensitive information in support material. Operating a server that runs a renter's code or AI workload does not by itself submit that workload, its prompts or its outputs to Flotera or license Flotera to use them.

Do not submit protected health information, payment-card data, classified information, export-controlled technical data, children's data or other highly sensitive regulated content unless we have agreed in writing to the necessary safeguards. This restriction concerns information provided to Flotera, not a representation that Flotera receives all data processed on your hardware.

Neither Flotera nor a provider acting on its behalf will use Customer Data to train general-purpose artificial intelligence models without your express agreement to a separately described use. Connecting an external AI client is not that agreement. That client's use of information you authorize it to receive is governed by its own terms and privacy practices. Service measurements may be used to operate, secure, analyze and improve the Service under the applicable agreements and legal basis. Broader use of de-identified or aggregated information must not reasonably identify an individual, reveal customer-confidential information or circumvent an express-agreement requirement. We also require your separate express agreement before using Customer Data to train or fine-tune a service-specific AI model. Operational testing and evaluation needed to provide, secure or support the Service remain subject to the limited processing purposes above and do not authorize model training or use that reveals your confidential information.

Data retention, privacy requests and applicable exceptions are described in the Privacy Policy. A chart's history limit is not a data-deletion schedule. Removing a server, disconnecting a marketplace, deleting an account and making a privacy request are different actions.

Plans, Flotera fees, wallet and credits

Your plan

Flotera's currently advertised website offer includes Pro at US$3 per server per month for up to ten servers and separately arranged Enterprise terms for larger fleets. A new account created through public sign-up receives Pro for the sign-up day plus 30 full UTC days without Flotera usage charges. After that free period, Pro is a paid plan. The free period is a one-time introductory period for new public sign-ups, not a permanent free plan. The rate after the free period is fixed at sign-up unless you later accept a different disclosed offer. The offer does not promise that the Service or every feature will operate forever. Ending or materially changing that offer requires the notice described in Section 15. At sign-up, you affirmatively agree to the disclosed Pro rate and billing terms that apply after the free period. Starting paid charges requires that agreement. Features and eligibility depend on the applicable plan. A separately agreed contract or an offer clearly disclosed to and accepted by you may have different terms.

Review the account's plan, rate, billable servers and any change before accepting paid service. Before you accept a paid plan, we must disclose the rate and which servers are billable. A change beyond the accepted server limit requires a separately disclosed and accepted offer; adding a server does not by itself authorize an undisclosed plan change or charge. If the website, documentation and your account show inconsistent offers, contact us to resolve the difference before proceeding; a generic documentation update does not itself amend an offer you accepted. No card is charged automatically when the free period ends. Instead, daily wallet charges begin for properly accrued Pro usage, and an empty wallet is handled under the grace and freeze process below.

Paid usage and wallet payments

Paid-plan fees are separate from marketplace rental payments and marketplace fees. Flotera does not take a rental-income commission. Unless your agreed plan says otherwise, paid managed-server usage is measured from time the server is in the fleet and sending data, in five-minute intervals. The monthly per-server rate is divided by the number of days in the relevant UTC calendar month, and the wallet is charged daily for the preceding day's billed usage. Removing a server stops further counting but does not cancel charges already accrued that may be posted later. A custom plan can have a separately disclosed base fee, including with no servers; the standard Pro plan has no base fee.

You fund the Flotera wallet using the payment methods shown in the panel. Panel card payments use a one-time Stripe Checkout card payment in U.S. dollars hosted by Stripe. A top-up is credited after Stripe reports the payment as paid. No Stripe customer profile, saved card or subscription is created for panel wallet top-ups, and there are no automatic card reloads or subscription card charges. Support can also issue an invoice manually. You authorize charges for top-ups you initiate and deduction of properly accrued Flotera fees from your wallet under your accepted plan; this is not authorization for unspecified automatic card reloads.

Amounts are in U.S. dollars unless stated otherwise. Flotera's product currently calculates no VAT or sales tax for wallet top-ups or usage charges. You remain responsible for applicable taxes other than taxes on Flotera's net income. Contact support with the relevant invoice or charge details if you believe a payment or usage charge is incorrect or want to request a refund. Any applicable cancellation, refund and mandatory consumer rights remain in effect. Paid wallet funds are not promotional credits. If you close your account, unused paid wallet balance is not refunded. This customer-initiated closure rule does not prevent correction of an incorrect charge, resolution of a genuine billing dispute or any mandatory refund, cancellation or consumer right. Account closure does not waive billing disputes. If Flotera closes your account or terminates the Service, you may request return of your unused paid wallet balance after properly accrued fees and any legally required adjustments. We will process an eligible refund without undue delay, normally through the original payment method where supported, subject to lawful identity, fraud and payment checks. Payment-provider processing times may vary. Use the Contact page or panel support route and provide the account and payment details, but not card credentials. Promotional credits are not refundable in cash. Eligible refunds are issued by Flotera staff through Stripe, not through a self-service refund control in the panel. When Stripe reports a full refund, the wallet credit is reversed automatically; partial refunds and disputes go to manual review.

Negative balance and freezing

For a paid account, a wallet balance at zero or below starts a grace period whose deadline is the next UTC midnight and is shown in the panel. Features remain available and charges continue during that period. If the account is not brought back into good standing by the deadline, a billing freeze pauses new usage charges, telemetry-history recording, customer commands, automatic price updates and customer listing changes. Some permitted read access may remain but can be stale. Not all actions are frozen: safety events from the agent (such as rental end and errors), cross-marketplace listing coordination, disconnecting a marketplace, turning automation off, top-ups, token revocation and deleting the account can still occur. A freeze does not stop your physical servers or terminate marketplace rentals; they operate independently of Flotera. Missing telemetry during a freeze can leave a permanent gap in recorded history.

The documented condition for automatic unfreezing is a wallet balance strictly above zero. Promotional credits do not repay existing wallet debt or unfreeze an account. Security or legal suspensions can have different requirements; payment alone does not resolve them. Accounts in the free period are not charged paid-plan usage fees merely because they use Pro during that period.

Promotional and referral credits

If offered to your account, promotional or referral credits may pay eligible Flotera fees under the program terms shown when earned or granted. They are not deposits, rental proceeds or cash, cannot be withdrawn or transferred between accounts, and may expire on their disclosed expiry date. Eligible credits are applied before paid wallet funds, with earlier-expiring credits first. They may be revoked for misuse under the applicable program terms and law.

A referral program's existence is not a promise that it will continue or that every invitation qualifies. Eligibility, qualifying activity, rewards, expiry and the consequences of account closure must be disclosed in the applicable program terms. Current referral program settings award credits only after the invited host's servers have been online long enough, currently $10 to both the inviting and the invited host when, in the first 14 days, those servers total at least 30% of one server's time. Values and eligibility are program terms and may change for future invitations; each invitation keeps the program terms it started with. These Terms do not turn a promotional credit into a right to a cash payment.

Marketplaces and other third parties

Your relationship with Vast.ai, Clore.ai, QuickPod or another independent provider is separate from your relationship with Flotera. You are responsible for complying with their terms, verification, fees, listing rules and obligations to renters. Rental payments, payouts and marketplace fees are handled by the marketplace, not by your Flotera wallet. Flotera is not the rental counterparty and does not guarantee renter payment, a particular booking, utilization, earnings or marketplace availability.

Integrations use third-party systems that can delay, reject, change or lose access to data and commands. A price suggestion or successful submission is not a guarantee that a marketplace accepted or applied a change. Review the reported result and, when needed, the marketplace itself. Removing or unlinking a server in Flotera does not necessarily unpublish its listings, stop rentals or revoke credentials with the marketplace. Manage those actions separately before removing access.

Third-party software, payment services, marketplaces and AI clients have their own terms and privacy practices. We do not control or endorse their content or practices merely by linking or connecting to them. No service-level commitment applies unless separately agreed in writing.

Software license and intellectual property

Flotera and its licensors own the Service's software, interfaces, designs, documentation, trademarks and related intellectual property, subject to your rights and third-party rights. Subject to these Terms and your applicable plan, we grant you a limited, non-exclusive, non-transferable right, terminable under Section 10, to access the hosted Service and install and run the Flotera agent on servers you are authorized to administer for your business purposes, including managing your rental operations.

This license does not transfer ownership of the software or authorize redistribution of the Service. Separately licensed third-party and open-source components remain governed by their own licenses; these Terms do not restrict rights granted by those licenses or mandatory law.

If you provide feedback, you grant Flotera a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation. This feedback permission does not include personal information, credentials or separately confidential material without appropriate authorization. No rights are granted except as expressly stated. Flotera's name and marks may not be used without prior written permission.

Confidentiality

Non-public technical, commercial, security, pricing, product or business information disclosed by either party and reasonably understood as confidential is "Confidential Information." The receiving party will use it only to perform under these Terms, protect it using reasonable care and disclose it only to personnel and service providers who need to know and are bound by confidentiality obligations.

Confidential Information excludes information the receiving party can document is public without breach, already lawfully known, independently developed or rightfully received without restriction. A party may disclose it when legally required after giving notice where permitted.

Stopping use, suspension and account closure

You may stop using the Service at any time. Ordinary insufficient-wallet handling follows the grace and freeze process in Section 6; a separate security, fraud or legal ground can require different action. Stopping a browser session is not the same as disabling automation, disconnecting a marketplace, removing a server, ending paid usage or uninstalling the agent. Follow the relevant procedures and check their results. Keep independent access to your servers and marketplace accounts.

We may suspend or terminate access immediately when reasonably necessary to address a security risk, unlawful activity, sanctions or export concerns, payment failure, harm to the Service or others, a material breach, marketplace requirements or legal obligations. We may terminate a trial or preview service on notice, subject to applicable law and any separate agreement. Billing freezes are described in Section 6.

Before voluntarily closing an account, review the panel's requirements and consequences, deal with active rentals and listings, remove servers as required, and request or export records you need while access is available. Do not assume that account closure uninstalls software or removes independently held marketplace or AI-provider records. If a suspension prevents export or closure, contact support; any access or assistance remains subject to security, legal and contractual requirements.

On termination, your right to use the Service ends and properly accrued unpaid amounts remain payable. The treatment of unused paid wallet funds and promotional credits on closure or termination is governed by Section 6, the applicable accepted terms and law. Account closure, access revocation and deletion of stored records are separate processes. This update does not shorten a deletion or recovery period already promised to you or remove an existing privacy right. Any additional deletion or restoration commitment expressly made to you remains applicable according to its terms. Contact us about the records concerned rather than treating a chart history limit as a deletion deadline. Retention and deletion are subject to the Privacy Policy, applicable law and legitimate exceptions such as required financial records or legal holds. Provisions that by their nature should survive do so, including ownership, confidentiality, disclaimers, limitations, indemnity and dispute terms.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." FLOTERA AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

FLOTERA DOES NOT WARRANT THAT THE SERVICE, TELEMETRY, COMMAND RESULTS, MARKETPLACE INFORMATION, PRICES OR OTHER DATA WILL BE ACCURATE, AVAILABLE, SECURE, UNINTERRUPTED, ERROR-FREE OR SUITABLE FOR YOUR REQUIREMENTS. HARDWARE, SOFTWARE AND NETWORKS CAN FAIL. YOU ARE RESPONSIBLE FOR APPROPRIATE REDUNDANCY, BACKUPS, TESTING, MONITORING AND VALIDATING RESULTS. NO EARNINGS, UTILIZATION, HARDWARE SAFETY OR UPTIME GUARANTEE IS CREATED BY A FEATURE DESCRIPTION.

Some jurisdictions do not allow certain disclaimers; these provisions apply only to the extent permitted by law. They do not remove obligations that Flotera cannot lawfully disclaim or any express commitment in a separate written agreement.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR BREACH OF ACCEPTABLE USE OR FLOTERA'S INTELLECTUAL PROPERTY RIGHTS, OR YOUR INDEMNITY OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNTS YOU PAID FLOTERA FOR THE SERVICE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable. These limits do not cap Flotera's obligation under Section 6 to return unused paid wallet funds when Flotera closes your account or terminates the Service, or to correct an improper charge. They do not limit any mandatory refund, cancellation or consumer rights that cannot lawfully be limited.

Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless Flotera, its affiliates, and their officers, directors, employees and agents from third-party claims, damages, losses, liabilities, costs and reasonable legal fees to the extent caused by your violation of these Terms or law, your infringement of third-party rights, or your unauthorized use of the Service. This does not require you to indemnify anyone for Flotera’s own breach, negligence, willful misconduct or other fault, or merely because you operate a server or use the Service as permitted. Flotera will promptly notify you of a claim, allow you to control the defense and settlement, and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by or imposes obligations on Flotera without our written consent.

Governing law and dispute resolution

Informal resolution

Before filing a claim, each party will send a written notice describing the dispute and requested relief. Send notices to Flotera at legal@flotera.com; Flotera will send notices to your account email address. The parties will attempt in good faith to resolve the dispute for 60 days. You may also submit a notice through the Contact page if you cannot reach the legal address. This process does not prevent a timely filing needed to preserve a claim or urgent relief permitted by law.

United States users: individual arbitration

For users residing in the United States, if informal resolution fails and you have not validly opted out, disputes between you and Flotera arising from these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its applicable rules and the Federal Arbitration Act. The arbitration requirement and associated jury and class waivers do not apply to users outside the United States. Arbitration may occur by video, telephone, written submissions, or in person in a mutually reasonable location. The arbitrator may award any individual remedy available in court. When the JAMS Consumer Minimum Standards apply, they govern notwithstanding any inconsistent provision here: statutory remedies remain available, arbitration must be accessible, and Flotera will pay the arbitration fees and costs those standards allocate to the company. You may use counsel, obtain relevant non-privileged information and receive a reasoned written award. See JAMS Consumer Minimum Standards. This does not shift Flotera’s legal fees to you merely because you do not prevail.

YOU AND FLOTERA WAIVE TRIAL BY JURY AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.

Either party may bring an eligible individual claim in small claims court or seek injunctive relief in court for unauthorized use or infringement of intellectual property. If the class waiver is found unenforceable for a particular claim, that claim will proceed in court and the remainder will be arbitrated.

30-day arbitration opt-out

You may opt out of arbitration within 30 days after first accepting these Terms by emailing legal@flotera.com with your full name, account email, and an unambiguous statement that you opt out of arbitration. You may also send the opt-out through the Contact page if the legal address is unavailable. A valid prior arbitration opt-out remains effective; this update does not cancel it. For an existing user newly accepting this version, the 30-day period runs from that acceptance. Opting out also removes the associated jury and class waivers in this section, but does not affect the rest of these Terms.

Law and courts

Delaware law governs these Terms, without regard to conflict-of-laws rules. For claims not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. If consumer law in your country gives you mandatory rights or courts, those rights are not displaced.

General terms

• Changes. For existing users, we will provide at least 30 days' advance notice of material changes by account email or a prominent in-product notice, and obtain any acceptance required by law or the existing agreement. Posting this page alone does not establish that an existing user received notice or accepted a change. Earlier terms continue to govern until the applicable notice and acceptance requirements are satisfied. Changes do not retroactively alter accrued claims, authorize new paid charges, cancel a valid arbitration opt-out, or permit uses of Customer Data requiring separate express agreement. A shorter period may apply only when required by law or necessary to address an immediate security risk, with notice and acceptance to the extent required. Paid-plan enrollment still requires your affirmative agreement.
• Export and sanctions. You must comply with U.S. and other applicable trade laws. You represent that you are not prohibited from using the Service and will not use it in embargoed territories or for prohibited end uses.
• Electronic communications. You consent to notices by email, through the Service or by posting where permitted. Electronic notices satisfy written notice requirements where permitted. Keep your account contact information current.
• Assignment. You may not assign these Terms without our consent. Flotera may assign them in connection with a merger, reorganization, financing, sale of assets or by operation of law.
• Force majeure. Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations.
• Severability and waiver. Invalid provisions will be modified to the minimum extent necessary; the rest remain effective. Failure to enforce a provision is not a waiver.
• Entire agreement. These Terms and incorporated policies are the entire agreement about the Service unless a signed agreement states otherwise.

Contact

Flotera Inc.

Delaware, United States

Legal notices: legal@flotera.com

Privacy questions and rights requests: privacy@flotera.com

Security reports: security@flotera.com

For product or billing assistance, use Contact or the support route provided in the panel. A published contact address does not imply a guaranteed response time.