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TERMS OF SERVICE

In Flux Studio LLC

Effective Date: September 29, 2026 | Rev. 8

Legal Entity: In Flux Studio LLC

Incorporated: Delaware, USA (August 12, 2025)

NJ Registration: ID 0451332183 (August 21, 2025)

Business Address: 8 The Green, Suite A, Dover, Delaware 19901

Contact: legal@influxstudio.co

Business Purpose: Versioning and delivery of brand video content; enabling clients to produce personalized brand video content at scale

1. INTRODUCTION

These Terms of Service (“Terms”) govern your access to and use of the In Flux Studio platform, including the web application, any desktop application we make available, and any related services (collectively, the “Service”), provided by In Flux Studio LLC (“In Flux Studio,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service. If you are accessing the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Scope. These Terms of Service govern your use of all In Flux Studio properties, including the marketing website at influxstudio.co and the web application at app.influxstudio.co. By accessing influxstudio.co or creating an account, you agree to these Terms.

These Terms should be read together with our Privacy Policy, which is incorporated by reference.

Beta Program. The Service is currently in beta. Access is limited to users on an approved allowlist. Beta access is provided free of charge. During the beta period, the Service is provided “as-is” and “as-available” without warranty of any kind. We reserve the right to modify, suspend, or discontinue the Service or any part of it at any time without prior notice.

Feedback. If you submit feedback, suggestions, feature requests, or bug reports to In Flux Studio — including through any in-app feedback form — you grant In Flux Studio a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize that feedback in any manner without compensation or attribution to you. You represent that your feedback does not contain any confidential information of a third party.

2. PARTIES AND ELIGIBILITY

2.1 Service Provider

The Service is provided by In Flux Studio LLC, a Delaware limited liability company. References to “In Flux Studio,” “we,” “us,” or “our” mean In Flux Studio LLC.

2.2 Customer Relationship

The Service is a professional business-to-business (B2B) platform. By accessing the Service, you represent and warrant that:

These Terms are not intended for consumers accessing services for personal, family, or household purposes.

2.3 Enterprise Customers

Customers who are major advertising holding companies, agency networks, brand teams, or their subsidiaries may be required to execute a separate Master Service Agreement (“MSA”) with In Flux Studio. Where an MSA is in place, its terms govern to the extent they conflict with these Terms. Contact legal@influxstudio.co to discuss enterprise agreements.

3. USER ACCOUNTS AND ACCESS

3.1 Account Types

You may create an account using:

3.2 Beta Allowlist

During the beta period, access to the Service is gated by an allowlist maintained by In Flux Studio. Your email address must be on the allowlist before you can log in. In Flux Studio reserves the right to add or remove users from the allowlist at any time, for any reason, without notice.

3.3 Account Security

You are responsible for:

You may not share your account credentials with others or allow third parties to access the Service using your account.

3.4 Role-Based Access

In Flux Studio provides role-based access controls and continues to develop these capabilities. Project owners may invite collaborators by email.

3.5 Suspension and Termination by In Flux Studio

We may suspend or terminate your account, without prior notice or liability, if we reasonably believe you have:

During the beta period, we also reserve the right to modify or remove access without notice for any reason, including decisions related to beta program scope.

3.6 Account Tiers

The Service has five access tiers: free, starter, pro, team, and enterprise. During the beta period, tier assignment is managed manually by In Flux Studio. When billing is activated, tier assignment and changes will be governed by the billing terms in Section 6.

3.7 Third-Party Services

The Service integrates with third-party services, including Google Sign-In (for authentication) and Google Drive (for asset import). Your use of those services is subject to those services’ own terms of service and privacy policies, which are independent of these Terms. In Flux Studio does not control and accepts no responsibility or liability for the availability, accuracy, or practices of any third-party service. If a third-party service changes or discontinues its terms or functionality in a way that affects the Service, In Flux Studio will not be liable for any resulting impact on your use of the Service.

3.8 Desktop Application

We do not currently distribute a desktop application. If we make one available, your use of it is subject to these Terms, it may update automatically to deliver new features, bug fixes, and security patches, and by installing it you consent to automatic updates. The license grant in Section 5 extends to any desktop application we make available.

4. USER CONTENT — OWNERSHIP AND LICENSE

4.1 Your Ownership

You and your Organization retain all intellectual property rights in the content you upload, import, or create through the Service (“Your Content”), including video files, image files, audio files, font files, and any assets imported from Google Drive. In Flux Studio makes no claim to ownership of Your Content.

4.2 License Grant to In Flux Studio

By uploading or importing Your Content, you grant In Flux Studio a non-exclusive, royalty-free, worldwide, limited license to:

This license is granted solely for the purpose of providing the Service to you. It terminates automatically upon deletion of Your Content or termination of your account, subject to the data handling provisions in Section 9.

4.3 What In Flux Studio Does Not Do With Your Content

In Flux Studio does not:

4.4 Content Restrictions

You represent and warrant that Your Content does not and will not:

You are solely responsible for ensuring that you hold all rights necessary to upload and process Your Content through the Service. See also Section 12 (IP Indemnification).

5. PLATFORM INTELLECTUAL PROPERTY

The Service and all of its components — including but not limited to the application code, user interface, variation engine, rendering pipeline, data model, documentation, templates, branding, and the In Flux Studio name and marks — are owned by In Flux Studio LLC and protected by applicable intellectual property laws.

In Flux Studio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service (including any desktop application we make available) for your internal business purposes during the term of your agreement with us. You receive no other right, title, or interest in the Service or its underlying technology.

You may not:

6. PAYMENT AND SUBSCRIPTION

6.1 Beta — No Current Charges

The Service is currently in beta and is available at no charge. No payment information is required. No billing is currently active.

6.2 Introduction of Paid Tiers

In Flux Studio intends to introduce paid subscription tiers when the Service exits beta. Before any charges apply, we will:

Continued use of the Service after paid tiers are introduced does not constitute agreement to pay unless you have expressly subscribed to a paid tier.

6.3 Enterprise Pricing

Enterprise customers will be assigned access tiers manually, with pricing negotiated under a separate MSA. Enterprise pilot access does not require self-serve billing and is governed by the applicable Order Form or Pilot Agreement.

7. ACCEPTABLE USE POLICY

7.1 Service Use

You agree to use the Service only for lawful purposes and in compliance with these Terms. You may not use the Service to:

In Flux Studio reserves the right to investigate suspected violations of this Acceptable Use Policy and, where appropriate, to suspend or terminate access without prior notice.

7.2 Website Use

You may access and use the In Flux Studio marketing website for informational purposes. You agree not to:

7.3 Export Controls

Using the Service in violation of applicable export control laws or sanctions is prohibited. See Section 15.4 for the full export controls provision.

8. SERVICE AVAILABILITY AND SLA

8.1 Beta — No SLA

During the beta period, the Service is provided on an “as-is” and “as-available” basis. In Flux Studio makes no representation or warranty regarding uptime, availability, or continuity of the Service. The Service may experience downtime, interruptions, or data loss at any time. We do not commit to any service level agreement (SLA) during the beta period.

8.2 Enterprise SLA Addendum

Enterprise customers may negotiate an SLA addendum as part of a separate MSA. The SLA addendum will address: uptime targets, exclusions (scheduled maintenance, third-party infrastructure failure, force majeure), incident notification timelines, and remedies for SLA breach (service credits).

9. TERMINATION AND DATA HANDLING

9.1 Termination by You

You may terminate your account by contacting us at privacy@influxstudio.co. We will acknowledge your termination request within 5 business days. Your account will be closed and data deletion will be initiated within 10 business days of your request. Deletion will be complete within 30 days, subject to Section 9.2.

9.2 Data Handling on Termination

Upon termination of your account, whether initiated by you or by In Flux Studio:

9.3 Project Data and Collaborators

The following describes the behavior when a project owner’s account is deleted:

9.4 Effect of Termination

Upon termination, your license to use the Service ends immediately. All provisions of these Terms that by their nature should survive — including intellectual property rights, disclaimers of warranties, limitations of liability, indemnification, and confidentiality — will survive.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN FLUX STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN FLUX STUDIO DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (D) THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

This disclaimer applies with particular force during the beta period. The Service is pre-production software that may have defects, instability, and data loss. You assume all risk associated with using a beta-stage service.

11. LIMITATION OF LIABILITY

11.1 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN FLUX STUDIO’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO IN FLUX STUDIO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

11.2 Exclusion of Consequential Damages

IN NO EVENT WILL IN FLUX STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, REPUTATIONAL HARM, OR BUSINESS INTERRUPTION — EVEN IF IN FLUX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions

The limitations in Sections 11.1 and 11.2 do not apply to:

11.4 Enterprise Note

Enterprise customers negotiating an MSA may negotiate the liability cap in Section 11.1.

12. INTELLECTUAL PROPERTY INDEMNIFICATION

12.1 Indemnification by You

You agree to defend, indemnify, and hold harmless In Flux Studio and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

12.2 Indemnification by In Flux Studio

In Flux Studio will defend, indemnify, and hold you harmless from and against any third-party claim alleging that the In Flux Studio platform itself (excluding Your Content) infringes such third party’s intellectual property rights, provided that you: (a) promptly notify In Flux Studio in writing of the claim; (b) give In Flux Studio sole control of the defense; and (c) provide reasonable cooperation.

This indemnification does not apply to claims arising from: (a) Your Content; (b) your modification of the Service; or (c) your combination of the Service with other products or services not supplied by In Flux Studio.

In Flux Studio’s total liability under this Section 12.2 is subject to the limitation of liability set forth in Section 11.1, unless otherwise agreed in a separate enterprise MSA.

12.3 Brand Asset Context

In Flux Studio’s customers routinely handle licensed brand assets, campaign materials, and entertainment-adjacent creative content that may be subject to complex IP licensing arrangements. You are solely responsible for ensuring you hold all rights necessary to upload, process, and export such content through the Service. In Flux Studio does not inspect or verify content licensing on your behalf.

13. CONFIDENTIALITY

13.1 In Flux Studio’s Obligations

In Flux Studio will treat Your Content and your confidential business information as confidential. We will not disclose it to third parties except as required to operate the Service (through sub-processors as disclosed in our Privacy Policy) or as required by law.

13.2 Your Obligations — Beta Confidentiality

The Service is in beta and has not been publicly announced. By accessing the Service, you agree not to publicly disclose or publish information about the Service — including in press releases, social media, blog posts, or public forums — without In Flux Studio’s prior written consent. This obligation does not restrict internal organizational discussions required to evaluate and use the Service, and does not apply to disclosures required by law.

13.3 Mutual Confidentiality

Each party agrees to keep the other party’s confidential business information — including pricing, technical architecture, product roadmap, and business strategy — confidential, and not to use it for any purpose other than performing obligations or exercising rights under these Terms.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was already known to the receiving party; (c) is independently developed without reference to the confidential information; or (d) is received from a third party without restriction.

13.4 Enterprise NDA

Enterprise customers may require a separate mutual NDA as part of the MSA. Contact legal@influxstudio.co to arrange.

14. PRIVACY AND DATA SECURITY

In Flux Studio’s collection and use of personal data in connection with the Service is described in our Privacy Policy, available at https://www.influxstudio.co/privacy-policy, which is incorporated into these Terms by reference. By using the Service, you agree to our Privacy Policy.

In Flux Studio implements reasonable technical and organizational security measures to protect your data. For the current security posture, see the Privacy Policy. In the event of a security incident affecting your data, In Flux Studio will notify you as promptly as required by applicable law.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

15.2 Dispute Resolution

15.2.1 Enterprise Customers (Tier 1)

For customers accessing the Service under a separately executed Master Services Agreement, Pilot Agreement, or enterprise order form (“Enterprise Customers”), any dispute arising out of or relating to these Terms or the Service that cannot be resolved through good-faith negotiation will be submitted to the exclusive jurisdiction of the courts of the State of Delaware, United States. If federal jurisdiction applies, the parties consent to jurisdiction in the United States District Court for the District of Delaware. Each party consents to personal jurisdiction in those courts and waives any objection to venue therein.

15.2.2 Standard Users (Tier 2)

For all other users, any dispute arising out of or relating to these Terms or the Service that cannot be resolved through informal negotiation (as described in Section 15.2.3 below) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, or if JAMS is unavailable, by AAA under its Consumer Arbitration Rules. Arbitration will take place in Delaware, or remotely if the parties agree. You and In Flux Studio each waive the right to a jury trial and the right to participate in a class action or class-wide arbitration.

15.2.3 Informal Resolution (All Users)

Before initiating any legal proceeding, the parties agree to attempt to resolve the dispute informally by contacting legal@influxstudio.co. The parties will negotiate in good faith for a period of 30 days from the date of written notice. If the dispute is not resolved within 30 days, either party may proceed under Section 15.2.1 or 15.2.2 as applicable.

15.2.4 Exceptions

Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute. This Section 15.2 does not apply to disputes relating to In Flux Studio’s intellectual property rights, for which IFS may seek relief in any court of competent jurisdiction.

15.3 EU Carve-Out

Notwithstanding Section 15.1, nothing in these Terms limits the rights of users in the European Union or European Economic Area under applicable EU data protection law, including the right to bring claims before local courts or supervisory authorities. The governing law clause in Section 15.1 does not deprive EU data subjects of rights available to them under the GDPR.

This section must be read consistently with the governing law provision in the Privacy Policy.

15.4 Export Controls

The Service and any content transmitted through it may be subject to export control laws and regulations, including those of the United States (Export Administration Regulations, OFAC sanctions) and other applicable jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to US export embargo or sanctions, and that you are not on any US government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable enterprise MSA or Order Form, constitute the entire agreement between you and In Flux Studio with respect to the Service, and supersede all prior agreements or understandings regarding the same subject matter.

16.2 Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this document. For material changes, we will provide prominent notice within the Service at least 30 days before the change takes effect, and will attempt to notify you by email where an email notification mechanism is available.

Your continued use of the Service after the effective date of a revised Terms constitutes your acceptance of the changes.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16.4 Waiver

In Flux Studio’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to in writing.

16.5 Assignment

You may not assign or transfer your rights under these Terms, or delegate your obligations, without In Flux Studio’s prior written consent. In Flux Studio may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to you.

16.6 Force Majeure

In Flux Studio will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, or other force majeure events.

16.7 Contact

Company: In Flux Studio LLC

General / Legal: legal@influxstudio.co

Privacy / Data: privacy@influxstudio.co

Mailing Address: 8 The Green, Suite A, Dover, Delaware 19901

16.8 Notices

Notices under these Terms may be delivered by email. Notices to In Flux Studio must be sent to legal@influxstudio.co (or such other address as In Flux Studio designates in writing). Notices to you will be sent to the email address associated with your account. Notice is deemed received on the next business day after sending, provided no delivery failure notification is received. For notices of legal process or claims, In Flux Studio’s address for service is: In Flux Studio LLC, 8 The Green, Suite A, Dover, Delaware 19901.