GENERAL TERMS AND CONDITIONS

VERSION 1.0 – OCTOBER 2022

Flux GmbH, Rue de commerce 23, 1854 Leysin, Vaud, Switzerland

1. SCOPE

These general terms and conditions ("Terms") apply to the usage of the websites www.fluxautomation.ch, www.fluxprocesses.ch, www.fluxqa.ch, fluxrpa.ch, fluxtransformation.ch, fluxtransformation.com ("Website") operated and performed by Flux GmbH, Rue de Commerce 23, 1854 Laysin, Vaud, Switzerland ("Flux"). By accessing the Website, you ("User") accept these Terms.

If you do not agree to these Terms, you shall not visit, use, or access the Website. These Terms incorporate by reference Flux's privacy policy ("Privacy Policy") which can be found at https://www.fluxautomation.ch/privacy-policy.

2. RESTRICTIONS

In addition to other restrictions set forth in these Terms, you are expressly restricted from all of the following:

Copying, reproducing, modifying, selling, sublicensing, and/or otherwise commercializing any part of the Website or the content thereon, whether licensed by us or otherwise;

Removing, altering, bypassing, or interfering with any copyright, trademark or other proprietary notices marked on the Website or the content contained thereon;

Using this Website in any way that is, or may be, damaging to this Website;

Using this Website in any way that impacts visitors' access to this Website;

Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

Introducing viruses, worms, Trojan horses or other malware or software agents, whether harmful or not;

Engaging in any data mining, data harvesting, data extracting, scraping, or any other similar activity in relation to this Website, or while using this Website;

Accessing the Website via any automated system, including, without limitation, spiders, offline readers, robots etc., or taking any action that may impose an unreasonable load on our infrastructure;

Using the Website to collect any personally identifiable information, including but not limited to contact information;

Bypassing the measures that Flux may use to prevent or restrict access to or use of the Website, including by hacking into secured areas of the Website, circumventing any geo-blocking mechanisms or otherwise;

Attempting to reverse engineer any part of the Website, derive the source code, or create any derivative works or materials of any kind using the content available on the Website.

3. NO OFFER

Unless explicitly stated otherwise on this Website, any reference to goods and services is for informational purposes only and does not constitute an offer to buy or sell any goods or services.

4. NO WARRANTY AND NO LIABILITY

The Website, together with all content, data, information and materials contained therein, is provided 'as is' and 'as available', without warranties or representations of any kind. The Website may contain statements that constitute "forward looking statements". Flux is under no obligation to update or alter its forward-looking statements whether as a result of new information, future events, or otherwise and makes no warranty regarding the accuracy of such statements.

To the extent permitted by applicable law, the liability of Flux or affiliates of Flux, or any of Flux's directors, employees, contractors, service providers or agents is excluded.

User agrees to fully indemnify Flux from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

5. INTELLECTUAL PROPERTY

The performance of these Terms does not intend to transfer any ownership of intellectual property rights between the parties.

Flux and its licensors own and retain all right, title, and interest in all information and content (including all text, data, graphics and logos) on the Website. Users shall not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, data, listings or software obtained from the Website for commercial or public purposes, without our prior written permission. Systematic retrieval of content from the Website for any purpose is prohibited without our prior written permission is strictly prohibited.

Where applicable, Users are granted an unlimited, revocable, nonexclusive, nontransferable, nonsublicensable right to access and use the Website in accordance with the Terms.

6. LINKS

The Website may contain third-party content or links to third-party websites. Flux does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.

7. MISCELLANEOUS

Changes to Terms: Flux may, from time to time, change these Terms. Changes to these Terms become effective once they are published on this page and Flux advises Users to review these Terms regularly.

Severability: If any provision of these Terms (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain mutatis mutandis in full force and effect.

Conflict with additional terms: Certain web pages or areas on the Website may contain additional terms. In case of a conflict between these Terms and any such additional terms, the additional terms shall prevail.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG), and subject to the exclusive jurisdiction of the courts of Vaud, Switzerland.