Terms of service

Important: These Terms are provided for general business and website use. They are not a substitute for legal advice. If you engage GoFlux for paid professional services, a separate master services agreement, statement of work, order form, or similar written contract may apply and, where there is a conflict on a specific commercial point, that signed agreement typically controls for that engagement.

1. Acceptance of terms

By accessing or using any website, landing page, or online property operated by GoFlux Marketing (“GoFlux,” “we,” “us,” or “our”), including gofluxmarketing.com and related subdomains (collectively, the “Site”), or by requesting, receiving, or using our professional marketing services (“Services”), you agree to these Terms of Service (“Terms”). If you use the Site or Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and “you” includes that entity.

If you do not agree to these Terms, do not use the Site or Services. We may refuse or discontinue access for anyone who violates these Terms or applicable law.

2. Description of the site and services

Site. The Site provides information about GoFlux, including multi-level marketing (MLM) program strategy and support for companies, plus related capabilities such as SMS, social media, paid media (including search and social), marketing automations, analytics, and related execution. Unless expressly stated otherwise, nothing on the Site constitutes an offer to sell services in any jurisdiction where such an offer would be unlawful.

Professional Services. GoFlux provides MLM and marketing growth services to clients under separate written or electronic agreements. The scope, fees, deliverables, timelines, and responsibilities for any engagement are defined in those agreements (for example, a master services agreement, statement of work, or order). If these Terms conflict with a signed engagement document for a specific project, the engagement document governs for that project to the extent of the conflict.

3. Eligibility and account security

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to use the Site in any way that submits personal information or enters into communications that could form a contract.

If we provide you with credentials, a client portal, shared drives, or other access mechanisms in connection with an engagement, you are responsible for maintaining the confidentiality of login information and for all activity that occurs under your credentials, except to the extent caused by GoFlux’s gross negligence or willful misconduct. You agree to notify us promptly of any unauthorized access or security incident you become aware of.

4. Acceptable use

You agree to use the Site and, where applicable, our collaboration tools and communications channels only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:

• Use the Site or Services in any way that violates applicable local, state, national, or international law or regulation.
• Attempt to gain unauthorized access to our systems, other users’ accounts, or any networks or data connected to the Site.
• Transmit viruses, malware, ransomware, or other harmful or disruptive code, or probe or test the vulnerability of our systems without prior written authorization.
• Scrape, harvest, or collect data from the Site through automated means (including bots or crawlers) in a manner that burdens our infrastructure or violates our robots.txt or technical policies, except as allowed by public search engines for indexing.
• Impersonate GoFlux, a GoFlux team member, another user, or any person or entity, or misrepresent your affiliation.
• Use the Site to send unsolicited bulk communications, phishing, or deceptive messages, or to distribute content that is defamatory, harassing, hateful, obscene, or that infringes others’ intellectual property or privacy rights.
• Reverse engineer, decompile, or disassemble any software or materials we provide except to the limited extent expressly permitted by mandatory law.

We may investigate violations and cooperate with law enforcement or regulators as we deem appropriate.

5. Marketing, messaging, and compliance

Where you engage GoFlux to plan, execute, or support marketing—including SMS, email, paid social, search, or other channels—you remain responsible for the lawfulness of your campaigns, your products and services, and your data practices, except as expressly assumed in writing in an engagement agreement.

Depending on your program, applicable obligations may include, without limitation, compliance with the Telephone Consumer Protection Act (TCPA) and implementing regulations, the CAN-SPAM Act, state mini-TCPA or telemarketing laws, carrier and industry guidelines for messaging, platform advertising policies (such as Meta, Google, TikTok, or others), and privacy laws such as the California Consumer Privacy Act/CPRA, the Virginia Consumer Data Protection Act, Colorado, Connecticut, Utah, and other U.S. state privacy laws, and, where relevant, the GDPR, UK GDPR, Canadian anti-spam legislation (CASL), or other non-U.S. frameworks.

GoFlux may provide recommendations, checklists, templates, or operational support to help you meet common industry practices. That assistance is not legal advice and does not replace your obligation to consult qualified counsel on regulatory questions, disclosures, consent, and recordkeeping.

6. Fees, invoicing, and taxes

If you purchase Services, fees, payment schedules, expenses, and late-payment remedies are set out in your engagement documentation unless we agree otherwise in writing. Unless stated in that documentation, fees are quoted in U.S. dollars, are non-refundable except as required by law or as explicitly stated in your agreement, and do not include taxes. You are responsible for any sales, use, VAT, GST, or similar taxes imposed on our fees, excluding taxes based on our net income.

Overdue amounts may accrue late charges or interest as described in your agreement or, if silent, at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. We may suspend or limit Services for non-payment after reasonable notice where contractually permitted.

7. Client materials, data, and platform access

You may provide us with creative assets, trademarks, customer lists, audience definitions, product information, credentials for advertising or analytics platforms, and other materials (“Client Materials”). You represent that you have all rights and consents necessary for us to use Client Materials to perform the Services.

You grant GoFlux a non-exclusive, worldwide, royalty-free license during the engagement to use, reproduce, modify, display, and distribute Client Materials solely as needed to provide the Services. We will handle personal information in accordance with our Privacy Policy and any data processing addendum or similar document we execute with you.

Advertising and analytics platforms (for example, Google Ads, Meta Business Manager, TikTok Ads Manager) are operated by third parties. Your use of those platforms remains subject to their terms and policies. GoFlux does not control third-party platforms and is not responsible for changes they make, disapprovals, suspensions, or outages that affect campaigns.

8. Intellectual property

GoFlux property. The Site and its contents—including text, graphics, logos, icons, photographs, layout, and software—are owned by GoFlux or our licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license below, no rights are granted to you.

Subject to your compliance with these Terms, GoFlux grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your internal business evaluation or personal, non-commercial use, and to download or print a reasonable number of copies of materials intentionally made available for download, provided you do not remove proprietary notices.

Deliverables. Unless an engagement agreement states otherwise, GoFlux retains ownership of pre-existing tools, methodologies, templates, and know-how. Ownership of final deliverables created specifically for you as paid work will be as set forth in your statement of work or master agreement (for example, assignment upon full payment).

You may not use GoFlux’s name, logo, or trademarks in a public-facing testimonial, case study, or press release without our prior written consent, except for factual statements required by law.

9. Confidentiality

Each party may receive non-public information from the other that is designated as confidential or that, given the nature of the information and circumstances of disclosure, should reasonably be understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only for the purpose of performing under the relationship, protect it using reasonable care, and not disclose it to third parties except to advisors, contractors, or affiliates bound by similar obligations and who need to know.

Confidential Information does not include information that is public through no fault of the receiving party, already known without restriction, independently developed, or rightfully received from a third party. Confidentiality obligations in a signed NDA or master agreement, if any, supplement these Terms.

10. No guarantee of results

Marketing performance depends on many factors outside GoFlux’s control, including market conditions, competition, product-market fit, creative resonance, platform algorithms, attribution limitations, and your operational execution. Except where expressly guaranteed in a signed writing (and subject to any qualifications stated there), GoFlux does not guarantee impressions, clicks, conversions, revenue, return on ad spend, rankings, list growth, or any other specific outcome.

Reports, dashboards, and commentary are prepared using data available from platforms and your systems; discrepancies between tools are common. You acknowledge that analytics and attribution are inherently imperfect.

11. Suspension and termination

By you. You may stop using the Site at any time. If you are a client, termination or cancellation of Services is governed by your engagement agreement.

By us. We may suspend or terminate access to the Site or limit certain Services if we reasonably believe you have violated these Terms, created security or legal risk, or failed to pay amounts due in accordance with your agreement. Where practicable, we will provide notice and a reasonable opportunity to cure for non-payment or curable breaches, except where delay could harm us, other users, or third parties.

Upon termination, provisions that by their nature should survive—including intellectual property, confidentiality, disclaimers, limitations of liability, indemnity, and dispute resolution—will survive.

12. Disclaimer of warranties

To the fullest extent permitted by applicable law, the site and any information on it are provided on an “as is” and “as available” basis.

GOFLUX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

For professional Services, additional or different warranties may apply only if expressly stated in your signed engagement agreement.

13. Limitation of liability

To the maximum extent permitted by law:

IN NO EVENT WILL GOFLUX, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOFLUX’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO GOFLUX FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100) IF NO SUCH PAYMENTS APPLY.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless GoFlux and its affiliates and their respective directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or Services; (b) your Client Materials or campaigns; (c) your violation of these Terms or applicable law; (d) your violation of third-party rights, including intellectual property and privacy rights; or (e) disputes between you and your customers, carriers, or platforms related to marketing you direct us to perform, except to the extent finally judicially determined to have resulted primarily from GoFlux’s willful misconduct.

15. Governing law; disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles that would require application of another jurisdiction’s laws. Subject to the arbitration provision below (if applicable to you), you agree that the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction there.

Informal resolution. Before filing a claim, you agree to contact us at the address below and attempt to resolve the dispute informally for at least thirty (30) days.

Arbitration (optional pattern). If your engagement agreement contains an arbitration clause, that clause controls for Services disputes. If there is no such clause, GoFlux may elect binding arbitration for disputes under these Terms relating solely to website use, administered by a recognized arbitration provider in Florida, with each party bearing its own costs except as required by provider rules or law. Either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access.

Class action waiver. To the extent permitted by law, you and GoFlux agree that each may bring claims against the other only in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

16. Changes to these terms

We may modify these Terms from time to time. We will post the updated Terms on the Site and update the “Last updated” date. If changes are material, we will make reasonable efforts to notify active clients (for example, by email to the address on file) or display a notice on the Site. Your continued use of the Site after the effective date of revised Terms constitutes acceptance of those changes. If you are a client and a change materially increases your obligations or reduces our obligations under an existing engagement, the change will not apply retroactively to that engagement without your agreement unless required by law.

17. General provisions

Entire agreement. These Terms, together with our Privacy Policy and any signed engagement documents, constitute the entire agreement regarding the Site and, except as stated above, supersede prior oral or written understandings on the same subject.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Waiver. No waiver of any term is a waiver of any other term, and failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, corporate reorganization, or sale of assets, or to an affiliate, upon notice where required by law.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of telecommunications or third-party platforms.

Electronic communications. You consent to receive communications from us electronically, including email and notices posted on the Site, and agree that such communications satisfy any legal requirement that communications be in writing.

18. Contact

Questions about these Terms may be directed to:

GoFlux Marketing
Miami, FL
Email: support@gofluxmarketing.com
Phone: (888) 338-9816