Terms of Service

These terms ("Terms") govern the use by a User (defined below) of the 'Fluxir' platform (at www.fluxir.com) operated by Freepass Inc., D/B/A Fluxir ("We" or "Fluxir") which facilitates international visa application services and provides other travel related services, features and products (the "Platform"). For the purpose of these Terms - A "Country" means a country or any other sovereign territory, anywhere in the World; a "Visa" means - an entry permit or grant of access to a certain Country, by Diplomatic Services following submission of the required application(s), for different authorized purposes and under certain terms, in accordance with the laws of the applicable Country, state and/or governmental entity; a "User" or "You" means any corporate entity or person which/who is duly authorized to file for Visa applications for and on behalf of its employees and/or service providers and/or customers (or other parties as permitted by Fluxir in writing on case by case basis), including, without limitation, corporations, travel agencies and non-profit/non-governmental organizations; a "Traveler", means an applicant for a Visa in connection with whom an application for a Visa through the User is submitted by a User via the Platform; and a "Diplomatic Service" means a Country's qualified diplomatic services and agencies, including its embassies, consulates etc. As a 'User', You must read these Terms carefully before using the Platform or applying for a Visa and/or using any of the additional features and services available on the Platform, because by using the Platform, creating an Account (defined below) or clicking "I Agree", You agree to be bound by these Terms. If these Terms are not agreed, or may not be complied with by You, for any reason, You should not access or use the Platform and/or any feature and/or service available thereon. Your use of and access to the Platform (and any of the features and services available thereon) constitutes an agreement by You to be bound by these Terms and establishes a contractual relationship between You and Fluxir in accordance with these Terms. Fluxir may update these Terms at any time, at its sole discretion, which updates will be effective upon notifying You of such updates by an email notification or by posting a notice to this effect on the Platform. Your continued use of the Platform following such notification shall constitute a consent by You to the updated Terms. If You do not agree to such updates, You may not use, and should immediately cease using the Platform.

1. What Personal Data We Collect, How, and How is it Being Processed 1.1. During your access or interaction with the Website, we may collect from you individually identifiable information, namely information that identifies an individual or may, with reasonable effort, be used to identify an individual ("Personal Data"). The types of Personal Data that we collect as well as the purpose for processing such data are specified in the table below.

1. The Platform offers Users automated end-to-end Visa application services and other travel documentation related services, features and/or products (the "Service"). Users may access the Platform at any time and apply for a Visa for and on behalf of Traveler(s) for any Country they select, available via the Platform ("Application"). The Platform and the Service may be used by Users who are either (i) natural persons, or (b) legal entities (eg. companies). Users who are natural persons must be above the age of 18.

2. As a User, You may submit Applications with respect to one or more Traveler(s). You acknowledge that Fluxir does not and will not have any direct or indirect communication with Travelers, and You shall be solely responsible for any interaction and/or communication between You and Traveler.

3. In order to submit Applications on the Platform, You are required to create and register a user account ("Account"). Accurate information must be provided during registration, and You shall ensure to update such information from time to time in order to keep such information accurate, up-to-date and complete. Failure to provide accurate information upon registration or to keep such information up to date may result, among others, in deleting your Account at Our sole discretion. The Account is non-transferable without first obtaining Fluxir's written consent. You will be in charge of the security of your Account and will not disclose Account details to any person or entity. Fluxir will not be liable for any loss or damage caused to the User or Traveler(s) and/or any other party, by any unauthorized use of the User's Account, and User shall immediately notify Fluxir upon becoming aware of any such unauthorized use.

4. Accessing the Platform by Users will be made available through a dashboard which Users can access by logging into the User's area on the Platform.

5. Fluxir reserves the right to refuse to accept any person or entity as a 'User' on the Platform at its discretion without any liability to such person or entity.

6. By submitting an Application on the Platform, You authorize us and entrust us with processing the Application with the concerned Diplomatic Service(s) and/or authorities.

7. The Application must at all times be submitted and handled by You in accordance with these Terms and in full compliance with any applicable law, including, the applicable Diplomatic Services' legal and procedural requirements and processes. Users must submit only Applications that are completely authentic and legal on behalf of Travelers.

8. Users must obtain a proper legal proxy and authorization in accordance with all applicable laws from each Traveler for whom Applications will be submitted through the Platform and/or any other service is processed on their behalf thereon ("Proxy") for the purpose of acting on behalf of such Traveler, and shall ensure that such Proxy shall remain in force and effect during the entire Application process. Fluxir will not be liable for any damages resulting from Applications submitted by Users without obtaining such Proxy.

9. Your Application for a Visa must include complete and precise information about the Traveler(s) including, personal information, traveling documents information (eg. passport details), traveling information or any other information or requirement for submitting the Application and any applicable Visa requirement (together, the "Travelers Information"). You hereby grant Fluxir a worldwide, royalty-free, nonexclusive, irrevocable, perpetual, sub-licensable and transferable license to use, copy, prepare derivative works of, distribute and transfer to the applicable authorities Travelers Information without limitation of time, for the purpose of providing the Service through the Platform and enable Fluxir to perform its obligations hereunder.

10. A User will be able to view through its Account all pending Applications and their status by logging into the Applications area on the Platform. We encourage You to revisit your Account frequently to check the status of any pending Applications submitted by You. In case of a Visa refusal with respect to a Traveler, You may be able to submit an appeal for such refusal through the Platform. Submission of appeals for any Visa refusal through the Platform may be subject to payment of fees as may be indicated on the Platform on a case-by-case basis. For avoidance of doubt, no fees or charges will be refunded due to delays or refusal of an Application or denial of service.

11. Modifications in Application(s) will be available to the extent permitted under applicable laws of and in accordance with each Country's regulations. Where applicable, Users agree to pay any additional charges or fees associated with such modification of the Application(s), as determined by Fluxir and/or the Diplomatic Service. In certain cases, modifications in Applications may not be available or permitted. Users hereby disclaim and forever release Fluxir from any claim with regard to its decision not to permit any modification in the Application in such circumstances and unconditionally waive any such claim.

12. Certain Diplomatic Services may request Travelers to attend personal interviews ("Interview(s)"). You are solely responsible for notifying Travelers of such request and Travelers are solely responsible for attending Interviews. You hereby agree and shall ensure that Travelers are aware that if Traveler(s) failure to attend such Interview, the Traveler's applicable Application will likely not be approved and Fluxir shall have no liability towards You and/or Traveler in connection therewith.

13. Users hereby acknowledge that certain Applications requires compliance with certain procedures and requirements with or by Diplomatic Services, and Users acknowledge that their failure to timely respond to such requirements may affect the Application. Fluxir will not be liable for Users failure to comply with such procedures and/or requirements.

14. You may cancel an Application at any time by notifying Fluxir to this effect through the Platform (if such feature is available) or by email message to be sent to hello@fluxir.com. If You choose to cancel an Application, Fluxir will not refund any Application Fees relating to such Application, subject to any applicable law. If You cancel Applications repeatedly, Fluxir will be entitled to terminate or suspend your Account immediately or after providing You a notice in this regard, and You shall have no claims and/or demands against Fluxir in connection therewith.

15. Fluxir may offer or make available on the Platform other features, and/or third-party products or services. Among others, Fluxir may offer through the Platform the ability to purchase travel insurance products (the "Insurance Products") that are supplied by a third-party insurance provider with which Fluxir has contracted (the "Insurance Supplier"). In this respect, Fluxir will act solely as an intermediary for such Insurance Suppliers' products (not as agent of the Insurance Supplier) and shall in no way be liable for such Insurance Suppliers' products and services or the use and/or purchase thereof. Further, Fluxir is not liable towards Users or any other third party for any actions or omissions of the Insurance Supplier and/or any of its agents or representatives. Fluxir may at any time, at its sole discretion, change the Insurance Supplier and/or engage with additional Insurance Supplier(s) without any restriction. Without generating from any of the provisions of these terms, Fluxir may at any time cease or suspend the provision of the Insurance Products through the Platform, and User shall have no demand and/or claim against Fluxir in connection therewith. Any insurance related proceedings, including, filing an insurance claim will in any case be submitted to and be handled by the Insurance Supplier, not by Fluxir and Fluxir disclaims any liability in connection therewith. If User has a dispute with an Insurance Supplier (or any of their affiliates, subcontractors and/or agents), User hereby releases Fluxir, its affiliates, partners, shareholders and their respective officers, directors, agents and employees from claims, demands and damages (direct, indirect, incidental, and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.

16. For avoidance of any doubt, the availability of the Insurance Products on the Platform does not purport to provide Users with financial product of any kind nor it takes into account Users' particular financial or insurance requirements or circumstances. Users are entirely responsible for deciding whether or not to purchase an Insurance Product through the Platform and recommends that Users seek independent advice prior to submitting a request to purchase any of the Insurance Products through the Platform.

17. Fluxir charges fees from Users for the submission of Applications through the Platform (the "Application Fees") and for the subscription of certain features and services, including, the purchase of Travel Insurance through the Platform (the "Travel Insurance Related Fees", and together with the Application Fees, the "Fees"), as will be indicated on the Platform when submitting the Application or purchasing the Travel Insurance (as the case may be) under the applicable subscription package purchased by User in connection with each Application. Fluxir may change the Fees at any time at its sole discretion, and will notify You upon such change, whether by notice to your email or by posting a notice to this effect on the Platform. Fluxir shall have the right to deduct the Fees from payments due to User (if any) at its sole discretion.

18. Fluxir is entitled terminate or suspend your Account with immediate effect, if You fail to pay any Fees on time, and You shall have no claims and/or demands against Fluxir in connection therewith.

19. Content made available by Fluxir via the Platform (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) ("Platform Content") are protected by copyright, trademark or other applicable intellectual property laws. You hereby acknowledge that the Platform and its entire features and functionality, and the Platform Content are the sole property of Fluxir and/or third parties which have granted Fluxir a right to use such Platform Content or other Platform component(s). The Platform Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Fluxir. Any unauthorized use of the Platform and/or the Platform Content is prohibited. You are required to avoid infringing uses while using the Platform, including copying, removing, adopting, modifying, selling, licensing, distributing or otherwise exploiting any Platform Content. Subject to your compliance with these Terms, Fluxir grants You a limited, revocable, non-transferable, non- exclusive license to access, use and view the Platform and the Platform Content, solely for the purpose indicated in these Terms, including, without limitation for submitting Visa Applications through the Platform.

20. The User agrees that any improvement, enhancement, ideas, concepts, methods, processes, inventions, trade secrets, knowhow or product modifications related to or involving the Service and the Platform (and any features or service available thereon), including, without limitation, those resulting from (i) any discussion concerning Fluxir's product and/or service between the User and Fluxir; (ii) any suggestions or requirements for improving Fluxir's service and/or product and/or the marketing and/or listing of the Platform, shall be Fluxir's sole and exclusive property.

21. You may be required to provide information during your use of the Platform in the registration process of an Account and through submission of Application(s) for Travelers which may include without limitation personal information and photos ("Personal Information") with respect to which Fluxir's Privacy Policy (which can be found here)(The "Privacy Policy") will apply.

22. You are responsible for any infringing content as well as any Privacy Policy misconduct. You represent and warrant to Fluxir that none of the information provided by You violates any third party rights. Fluxir shall have the right, without prior notice, to remove, block or disable access of information or an Account, considered to be in violation with these Terms and/or any applicable law.

23. You hereby represent that You are authorized to use any Personal Information obtained by You from a Traveler and shall be authorized to do the same during the entire Application process. If for any reason whatsoever, a Traveler revoke an authorization which he/she has granted You to use such Personal Information, You shall immediately notify Us of such revocation, and You must withdraw the Application submitted with respect to such Traveler. If You have reason to believe that any entity or person, including, without limitation, a Traveler or any other User, may risk the legal or proper use of Fluxir, in a way that may violate these Terms and/or any applicable laws, or may be harmful in any manner to Fluxir, and/or any person or entity, You shall notify us immediately. If You have reason to believe that any other User or Traveler, while using the Service or the Platform, is infringing any of your privacy rights, copyrights, trademarks or other intellectual property rights, You shall notify us immediately of any such infringements.

24. Fluxir may (but is not obligated to) review, disable, adopt or remove any Account or Application namely to secure and to improve its Platform, and its conduct of business as well as compatibility with applicable laws (in any country) and other legitimate uses it may consider at its sole discretion, without assuming any liability to Users, Travelers or any third party.

25. Fluxir aims to offer You a comfortable and practical platform to obtain international traveling visas and other related features and services. Efforts were made to provide a friendly and safe experience. Nevertheless, We do not and cannot control the conduct of Users, Travelers, Diplomatic Services, Insurance Suppliers, and service providers offering their products and/or services on the Platform. We however reserve the right to monitor the use of the Service and/or Platform the way We see fit (without assuming any liability with respect to the result of handling the Applications(s) by the Diplomatic Services and/or the services and/or products of any other third parties provided through the Platform).

26. The User acknowledges that Fluxir's responsibility is limited to serve as an online platform that facilitates the submission of information and other documents for submitting Applications, and offering other ancillary features, as well as related third party services and products. To this effect, You acknowledge that the Platform and the features and services thereon do not constitute legal or other professional advice, are not intended to be a substitute for legal or other professional advice and should not be relied upon as such.

27. You are solely responsible for all legal rights of third parties related to Application(s) submitted by You including any claims against misinformation, and for fulfilling legal duties and obligations applicable to You in connection with the Visa Application and the Proxy.

28. The User shall be responsible for its own acts and/or omissions performed or omitted in the course of using the Platform, including, without limitation, in the course of processing the Application conducted through the Platform or in connection any related proceedings (i.e. visa appointment and interviews) and User waives any claim and/or demand against Fluxir in connection therewith.

29. Without derogating from the generality of the foregoing, Fluxir shall in no case be liable for the (i) the approval or refusal of the Application by the applicable consulate and/or diplomatic agency and/or any governmental authority, and (ii) the timely processing of any Application, and in any case shall not liable to You and/or the Traveler and/or any third party for any damage and/or costs and/or liability which You and/or the Traveler or any such third party, may incur as a result of handling the Application by the Diplomatic Service and/or any respective governmental authority.

30. The User shall be responsible and liable to Fluxir and any third party in connection with the foregoing in subsections "29(i)" and "29(ii)" and shall defend and indemnify Fluxir for any claims and/or demands and/or expenses and/or liabilities arising thereout and arising out from (i) User's use of the Platform and applying for Application; (ii) User's breach of any third party rights, including, without limitation, privacy rights as well as intellectual property rights; and (iii) User's breach of any of the provisions of these Terms.

31. Fluxir cannot and will not in any way guarantee the grant of a Visa (or any other permit) to any Traveler or any other person and there is no guarantee that the Application will be handled by the Diplomatic Services or that it will be handled to Your satisfaction. We have no control whatsoever on the way the Application will be handled by the applicable Diplomatic Services and/or the time it may take to handle and/or process the Application. User and Traveler acknowledge that the final decision with regard to the Visa is of the relevant Diplomatic Service and hereby waives any claims against Fluxir in connection with any claim in this regard.

32. Nothing herein and/or in the relationship between You and Fluxir will establish any employment relationship, association, agency, partnership, franchise or any similar relationship. You and Fluxir both will be considered independent contractors. User has no authority to bind Fluxir or create obligations on the part of Fluxir without Fluxir's prior written consent. User represents that it is free to use the Platform and the Service and that there are no contracts or restrictive covenants preventing full performance of the User's obligations hereunder.

33. Any agreement and/or understanding between User and a Traveler will be made at its own responsibility without obligating Fluxir with any act and/or liability. The User shall be responsible for obtaining any permits and/or licenses required in order to operate its business and in order to be able to act on Traveler's behalf when submitting an Application and use the Platform. The User shall be responsible for all expenses incurred in the course of using the Platform and offering its services to Travelers, including, without limitation, services related to the Applications.

34. Neither these Terms nor the User's use of the Platform and/or Service convey or grant to the User any rights: (i) in or related to the features, products or services offered by Fluxir from time to time; or (ii) to use or reference in any manner Fluxir's company names, logos, product and service names, trademarks or services marks or those of Fluxir's licensors (unless explicitly authorized herein or permitted by Fluxir in writing on a case by case basis).

35. You may access and use the Platform and the Service as made available to You, as long as You comply with these Terms and any applicable law.

36. You may not circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of the foregoing), including security-related features or features that limit the use of the Service and/or the Platform.

37. You agree that You will not and will not allow others to (i) reverse engineer, decompile, duplicate, disassemble, or attempt to discover any source code or underlying ideas or algorithms used to operate the Platform; (ii) use any robot, spider, crawler, scraper or other automated means or interface to access the Platform or extract information of other Users and Travelers; (iii) use or develop any third party applications that interact with the Platform and/or any feature thereon; (iv) upload viruses or other malicious code, or otherwise compromise, bypass or circumvent the security of the Platform; (v) access or use the Service and/or the Platform in a way not expressly permitted hereunder; and (vi) provide, disclose, or allow others to use the Platform through your Account.

38. User hereby acknowledges that the visa services for which Applications can be submitted through the Platform are provided by the respective Diplomatic Services, which are independent third parties with which Fluxir is not affiliated. To this effect, Fluxir shall not be responsible or liable to Users and/or Travelers with respect to any act and/or omission of the Diplomatic Services and/or any related governmental authority or agency (or any of their staff and/or representatives), including, without limitation, any decision made in connection with the Application, and You hereby waive any demand and/or claim against Fluxir in connection thereto.

39. The Service, the Platform and the Platform Content, including any and all information and services provided therein, and including the Applications feature, are provided "as is" without a warranty of any kind, and Fluxir expressly disclaims all warranties, both express or implied, including, without limitation, in relation to the merchantability, fitness for particular purpose, accuracy and noninfringement. Without derogating from the generality of the foregoing disclaimer of warranty, Fluxir explicitly does not warrant; (i) the non-interruption or performance of its Platform, the Service and/or the Platform Content; (ii) the accuracy, reliability, or currency of any information or content provided through the Platform; (iii) the safety, suitability and legality of Users and Travelers; (iv) the success of an Application and/or the grant of a Visa or any other permit by the applicable Diplomatic Services; (v) any verification of identity, nor any background checks of Users and Travelers; (vi) that the website, its servers, the content, or notices sent from or on behalf of Platform are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

40. Fluxir will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, reputational damage, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platform, (iii) any communications, interactions or meetings You may have with any person or entity You interact or meet with through, or as a result of, your use of the Platform and/or the Service, whether or not Fluxir has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

41. In no event shall Fluxir be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or cause by forces beyond its control, including, without limitation, strikes, accidents, acts of war, acts of God, loss of malfunctions of utilities, communications or computer services.

42. In no event will Fluxir's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Travelers, or your use of or inability to use the Service and/or Platform or complete any Application, exceed the amount paid by You to Fluxir as Application Fees as a User in the 12-month period prior to the event giving rise to such liability. These limitations of liability and damages are fundamental elements of the agreement between You and Fluxir. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to You.

43. To the maximum extent permitted by applicable law, You agree to release, defend (at Fluxir's option), indemnify, and hold Fluxir (including its affiliates, officers, employees, and shareholders) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms and the Privacy Policy, (ii) your improper use of the Platform and/or the Service, (iii) your interaction with any Travelers, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your failure, or our failure at your direction, to accurately provide information in Applications, or (v) your breach of any laws, regulations or third party rights such as privacy rights and/or intellectual property rights.

44. These Terms are effective upon registering an Account and shall remain in effect until terminated in accordance herewith. You may terminate your Account on the Platform at any time by deleting your Account or by providing a written notice to Fluxir to this effect to the following email: hello@fluxir.com. Fluxir may terminate these Terms immediately if (i) You breach any of these Terms and other Fluxir terms and/or policies applicable to You and/or your use of the Platform, including, without limitation, the Privacy Policy, (ii) You violate any applicable law in connection with these Terms, the Application and/or your use of the Platform, (iii) Fluxir considers termination necessary, and (iv) if You have not used your Account for 12 consecutive months. Fluxir may, at its discretion, send a notice to You prior to termination, where Fluxir considers the cause for such termination is curable. Termination of Account for any reason, whether by You or by Fluxir does not entitle You to restoration of information provided and You shall at all times keep copies of any document and/or file you upload to the Platform and/or use in your Account.

45. Any pending Application at the time of termination will be automatically revoked and canceled (including, by way of withdrawal or any other way as Fluxir may see fit), in which case, You shall have no claim or demand against Fluxir, and no payments or fees paid by You in connection with such Applications will be refunded.

46. These Terms apply only to the Platform and the Service. While using the Platform You may encounter links to third party sites and/or third-party content and/or products and/or services (such as, information, applications and other services) which are not operated, controlled or managed by Fluxir (the "Third Party Services"). Please be advised that the Third-Party Services are independent sites and/or services, and Fluxir assumes no responsibility or liability whatsoever for them with regard to privacy matters, consumer laws or any other legal matter, including, without limitation, the accuracy, timeliness or completeness of the content or the opinions expressed in such third-party websites. If You decide to use such Third-Party Services, including, if You decide to click on a link (on the Platform) to any third-party site, You do this at your own risk and responsibility. We encourage You to carefully read the privacy policies and terms and conditions of such Third Party Services and other third-party sites before using any of the features and/or services and/or products available thereon.

47. Fluxir may from time to time, at its sole discretion, apply enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Platform. You agree that Fluxir has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Platform to You. You further agree that all Updates will be (i) deemed to constitute an integral part of the Platform, and (ii) subject to the terms and conditions of these Terms.

48. Fluxir reserves the right to modify, suspend, disable or discontinue, the Service and/or the Platform or any service to which it connects, and/or any services of featured provided thereon, and/or cease its operation, in each case, whether temporarily or permanently, with or without notice and without liability to You or any third party (including, the Travelers), including, without limitation, in connection with any loss and/or potential loss of any data and/or for any other damage which may be caused to You or any third party upon terminating and/or disabling the Platform. In the event that Fluxir modifies, suspends, disables or discontinues the Platform or any feature available thereon, You will have no claims and/or demand against Fluxir in connection thereto.

49. You may not assign, transfer or delegate any of your rights and obligations under these Terms without Fluxir's prior written consent. Fluxir may assign its rights and obligations hereunder, at its sole discretion, with a 7 days' notice by an email notification to You or by posting a notice to this effect on the Platform. Failure to enforce any of the provisions in these Terms will not constitute a waiver of such right or provision.

50. To report any issue or contact Fluxir with any concerns or inquiry concerning the Service and the Platform, please address emails to hello@fluxir.com.

51. These Terms will be governed by the laws of the state of United States. Any dispute between You and Fluxir in connection with these Terms and/or the Platform will be submitted to the competent courts in United States, as the exclusive legal forum.

52. If any of the particular provisions herein is not enforceable, the other terms shall remain in force.

53. These Terms contain the entire understanding between Fluxir and the User with respect to the subject matters hereof and supersedes any prior agreement and understanding, oral or written, with respect to such matters.