Licence agreement

1. Parties, acceptance and definitions

1.1 This End User Licence Agreement (Agreement) is between Brendan James Foreman, ABN 22 882 557 564, trading as Thessova (Thessova, we, us, our) and the person or organisation that installs or uses the Software (you, your). Thessova is a registered business name of a sole trader; the contracting party is the individual named above. Fluah is software developed and published by Thessova, and fluah.com is run by Thessova.

1.2 You accept this Agreement by ticking the box that asks you to accept it, or by installing, activating or using the Software after it has been shown to you. The Software asks you to accept it, by ticking a box, before it is first installed on each computer and before it installs or opens after a new version of this Agreement takes effect. If you do not accept it, do not install or use the Software, and if you have already paid, email [email protected] within 14 days for a refund.

1.3 If you accept this Agreement for an organisation, you warrant that you are authorised to bind it, and you means that organisation.

1.4 In this Agreement:

• ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Collaborate means the optional part of the Software, described in clause 13, that shares projects with other people through our servers.
• Consumer has the meaning given in section 3 of the ACL, except in clauses 14 to 18, which say who they cover.
• Diagnostic Log means the record of what the Software does that it keeps on your computer while the Debug all setting is on, described in clause 5.3(c).
• Documentation means the user guides and help material we publish for the Software.
• Fluah Free means the plan, described in clause 4.1, that is free for anyone with a Fluah account in good standing.
• Fluah Pro means the paid plan described in clause 4.7.
• Free Licence means any access supplied at no charge, including Fluah Free and trial, beta, pre-release, evaluation and not-for-resale licences.
• Licence Key means the credentials that activate the Software: your Fluah account (its email address and password, or another sign-in we offer, and any emailed sign-in code), and the signed-in session the Software keeps on each computer.
• Licensed Machine means a computer on which a Licence Key is signed in.
• Seat means one named person's right to use Fluah Pro under a Subscription.
• Software means Fluah: the application for viewing, comparing, marking up, editing, signing and combining PDF documents, including its Windows Explorer preview and commands and Collaborate, and including the updates and new versions we make available to you.
• Subscription means a paid Fluah Pro subscription for one or more Seats, billed monthly or yearly.
• Subscription Term means the month or the 12 months for which you have paid, as you chose when you bought, and each renewal period of the same length.
• Your Content means your PDF documents, drawings and other files, anything you add to them with the Software, such as markups and signatures, and any file the Software creates or changes for you, such as combined, compared, marked-up, flattened or unblocked files.

1.5 Clauses 14 to 18 add terms for customers in the European Union and European Economic Area, the United Kingdom, the United States, New Zealand and Canada. Where one of those clauses conflicts with another clause of this Agreement, it prevails for the customers it covers. Those clauses add to your rights under the rest of this Agreement; they never reduce them.

2. Licence grant

2.1 Subject to your compliance with this Agreement, and for Fluah Pro to payment of the fees, we grant you a non-exclusive, non-transferable licence to install and use the Software for your own internal business or personal purposes: Fluah Free while you hold a Fluah account in good standing, and Fluah Pro for each Seat of your Subscription during the Subscription Term. We may suspend or end this licence only as clause 4.3 (for a Free Licence) and clause 7 allow.

2.2 A Seat is for one named person, not for a machine. That person may use Fluah Pro on up to two Licensed Machines at a time; signing in on a third signs them out on the one they used least recently. A Seat must not be shared between people, and each person who uses Fluah Pro needs their own Seat.

2.3 In your account on fluah.com, the people who manage your Subscription may add Seats or give a Seat to a different person. A person may stop using the Software on a machine at any time by signing out of it. If a Licensed Machine fails, is replaced or is stolen, sign in on the new one, or email [email protected] and we will sign the old one out at no charge.

2.4 Your employees and contractors may use the Software to do work for you, each with their own Fluah account and, for Fluah Pro, their own Seat. You are responsible for their compliance with this Agreement.

2.5 You may make one copy of the Software for backup purposes.

2.6 We grant no rights other than those expressly set out in this Agreement. Ownership of the Software stays with us under clause 8.

3. What you must not do

3.1 You must not:

(a) rent, lease, lend, sublicense, resell, distribute or otherwise make the Software available to anyone else, or share a Licence Key;

(b) run the Software as a hosted or managed service for a third party, or on a shared or virtual machine that lets people outside your organisation use it;

(c) circumvent, disable or tamper with the Licence Key, activation, machine-locking, expiry or agreement acceptance mechanisms, or install a build that has been modified to do so;

(d) remove, obscure or alter any copyright, trademark or licence notice in the Software;

(e) use the Software or the Documentation to design or build a competing PDF product, or copy any part of them into one. This does not limit what you may do with Your Content; or

(f) use the Software in breach of any law, including export control and sanctions laws, or of the terms of any third-party software it runs alongside.

3.2 Except as clause 3.3 allows, you must not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software.

3.3 Clause 3.2 does not apply to anything the law lets you do despite it, including under sections 47B to 47F of the Copyright Act 1968 (Cth) (reproduction for normal use, backup copies, interoperability, error correction and security testing), Articles 5 and 6 of Directive 2009/24/EC in the European Union and the European Economic Area, and sections 50A to 50C of the Copyright, Designs and Patents Act 1988 in the United Kingdom. Those laws make a contrary term void, and nothing in this Agreement is intended to exclude those rights. Before relying on this clause, please contact us at [email protected]: we would rather give you the interface information than have you decompile.

4. Fluah Free, Fluah Pro, trials and pre-release builds

4.1 Fluah comes in two plans. Fluah Free is free for anyone with a Fluah account in good standing and gives the features fluah.com/pricing lists for it, such as viewing and measuring PDFs; we may change those features. Fluah Pro is paid and gives every feature of the Software, including markups and Collaborate, as clause 4.7 describes. Clauses 4.2 to 4.5 apply whenever you hold a Free Licence, which includes Fluah Free and any trial, beta or pre-release build. The rest of this Agreement applies to you as well, except the clauses about fees and renewal, which do not apply to a Free Licence.

4.2 A Free Licence is supplied as-is and as-available. We give no undertaking that pre-release builds are complete, stable or fit for production work, and we provide no support or response times for them. Clause 9 sets out the rights you have that cannot be excluded.

4.3 We may change, suspend or withdraw a Free Licence. Before we withdraw one, we will give you at least 14 days' notice by email, unless clause 7.3 would let us suspend a paid licence immediately, or a pre-release build has a defect that could damage your files. We pay nothing when a Free Licence ends.

4.4 Pre-release builds can corrupt or unexpectedly modify a PDF or other file, or miss or misreport a difference between revisions. Before running one, keep a copy of your documents. Do not rely on a pre-release build to check a document that will be issued, certified or constructed unless you have independently checked it.

4.5 While a build is unreleased, you must not publish screenshots, feature descriptions or benchmarks of it without our written consent. This obligation ends when we release the feature publicly, and it never stops you from publishing your own review of the Software or of any released feature.

4.6 If you give us feedback, bug reports, suggestions or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them in any way, including in the Software, with no obligation to credit or pay you. You keep the right to use your own feedback for any purpose.

4.7 Fluah Pro is a Subscription of one or more Seats, billed monthly or yearly as you choose when you buy, the same for all its Seats. Each Seat gives one person every feature of the Software, on the terms of clause 2.2, while the Subscription is paid. A Subscription renews automatically until you cancel it, as clause 6 describes. When a Subscription ends, its Seats return to Fluah Free: Your Content stays yours, your markups stay in your PDFs as standard PDF annotations, and you can keep opening your files with Fluah Free.

5. Activation, licence checks, updates and data

5.1 The Software signs in with your Fluah account. Signing in sends your email address and password and the emailed sign-in code. While you are signed in, the Software checks your licence when you sign in, when you choose to check, and about every hour while it runs, sending a hashed machine identifier (a one-way hash of the computer's name and its Windows machine ID), the Software version and the IP address the request comes from. We record which computers use the Software on your account, with their Software version, the program's identification string, the IP address and when each was first and last seen.

5.2 If a check cannot reach our server, the Software keeps working for up to 7 days after the last successful check.

5.3 Besides signing you in and out of your account, the Software sends us only the following:

(a) Licence checks, as clause 5.1 describes.

(b) Update checks. While your licence is current, the Software asks our server whether a newer version of the Software, or of the Thessova Updater if you use it, exists, shortly after it starts and then about every 30 minutes, sending its session token and its version. When you choose to install an update, the Software downloads the installer from our server and checks that it is the file our server named before running it.

(c) Diagnostic Logs and crash reports. While the Debug all setting (Settings, Debug) is on, and it is on unless you turn it off, the Software keeps a Diagnostic Log on your computer. It sends that log to our server when the Software closes, about once an hour while it runs, and at its next start after a crash, together with a crash report if it crashed. The log records what the Software did and the commands you used, including the names and folder paths of files it opened, saved or previewed, also in the Windows Explorer preview. Before a log leaves your computer, the Software removes your Windows user name and full name, your profile folder's name, email addresses, text you typed, clipboard contents and passwords or other secrets. A crash report is a copy of part of the program's memory at the moment of the crash and can contain fragments of documents that were open. If you turn Debug all off, the Software sends no Diagnostic Logs and no crash reports.

(d) Slow pages. If you turn on Send slow pages (Settings, Debug), which is off unless you turn it on, the Software also sends, with the Diagnostic Log, a copy of each page that took longer to display than the time you set, as a one-page PDF. That copy contains the content of that page.

(e) Saved settings. If you save your settings to your Fluah account, the Software sends those settings to our server. It never sends the settings that belong to one computer, such as trusted certificates, signing defaults and signature appearances.

(f) Collaborate. If you turn Collaborate on, the Software sends the PDFs, pictures and markups of the projects you work in to our Collaborate server, as clause 13 describes.

(g) The agreement record. When you accept this Agreement in the installer, the Software later sends our server your account, the hashed machine identifier, the computer's name, the version of this Agreement you accepted and its own version, and we record when it arrived. If you decline, the installer stops and notes the refusal only in its own log on your computer.

Apart from what (c), (d) and (f) describe, the Software does not send your documents, their names or their contents to us. Your documents are opened, compared, marked up, edited and saved on your computer.

5.4 Sign-in and licence checks cannot be turned off, because the licence depends on them. You can turn Diagnostic Logs off at any time (Debug all), and Send slow pages and Collaborate stay off unless you turn them on.

5.5 We use this data to provide and license the Software, prevent unlicensed use, find and fix defects and performance problems, and decide what to improve. We do not sell it. Our servers are hosted by DigitalOcean in Sydney, Australia; Cloudflare carries the traffic between the Software and api.thessova.com and can see it in transit; Collaborate backups are stored with Cloudflare R2 in the Oceania region. We delete Diagnostic Logs, crash reports and copies of slow pages within 90 days of receiving them. We keep licensing records for as long as we need them for licensing, tax and audit purposes.

5.6 Where the data includes personal information, we handle it in accordance with our Privacy Policy at https://fluah.com/legal/privacy, which covers Fluah and also sets out your privacy rights. You are responsible for telling your own personnel that the Software sends this data.

6. Fees, renewal and cancellation

6.1 Fees are the amounts quoted at the time of purchase, per Seat, in Australian dollars unless the checkout shows another currency. We are registered for GST: if you are billed in Australia, the fee includes 10% GST and we issue you a tax invoice; if you are billed outside Australia, we charge no Australian GST. The price shown at checkout includes any VAT or sales tax we are required to charge. Fees are payable in advance for each Subscription Term.

6.2 Your Subscription renews automatically at the end of each Subscription Term for another term of the same length, every month if you pay monthly or every 12 months if you pay yearly, unless you cancel. Each renewal is charged at the then-current fee for the Seats in use at the time, to the card you saved or by an invoice payable within 14 days, and we email you its invoice. Before each yearly renewal, we will also email you between 15 and 45 days before the renewal date, telling you the renewal date, the amount and how to cancel. You can cancel at any time before the renewal date in your account on fluah.com (Billing, then Cancel subscription), or by emailing [email protected] from the email address on your account with the subject "Cancel my Fluah subscription". You do not need to give a reason or any other detail, and we will confirm the cancellation by email. If we increase the fee, we will tell you at least 30 days before the renewal it applies to, and you may cancel instead of renewing.

6.3 Cancelling stops the next renewal. It takes effect at the end of the Subscription Term you have already paid for, and we do not refund part of a term you have used, except where clause 9, clause 12.2, clauses 14 to 18 or the ACL require it.

6.4 If a payment fails or an invoice is not paid by its due date, we will tell you and give you at least 14 days to pay before Fluah Pro stops working on your Seats, which then return to Fluah Free until you pay.

6.5 As a goodwill policy, separate from your rights under clause 9 and clauses 14 to 18, we will refund a first-time purchase in full if you ask within 14 days of the purchase date.

6.6 You are responsible for any taxes or duties other than taxes on our income and any tax included in the price. If you buy as a business, you account for any GST or VAT that the reverse-charge rules require you to.

6.7 If you bought the Software through a reseller, or through a payment provider that sells it as the merchant of record, that seller's terms of sale govern the purchase and payment, and this Agreement governs your use of the Software.

7. Term, suspension and termination

7.1 This Agreement starts when you first install or activate the Software and continues until the Subscription Term ends without renewal, or until it is terminated under this clause.

7.2 You may terminate at any time by cancelling under clause 6.2, uninstalling the Software and stopping use of it.

7.3 We may terminate or suspend your licence if you materially breach this Agreement and do not fix the breach within 14 days of our written notice. We may suspend immediately, without that notice period, if you circumvent the Licence Key or activation mechanism, share keys, or use the Software unlawfully, and we will tell you why within 2 business days.

7.4 When this Agreement ends, your licence ends. You must stop using and uninstall the Software, and the Licence Key will stop activating. The Software will no longer open.

7.5 Your Content is yours and stays usable. Files the Software has created or changed for you (combined, compared, marked-up, flattened, signed or unblocked documents and other output) remain yours. You may keep using, editing, issuing and distributing them after this Agreement ends, without any further payment to us, and we will not disable, lock or remove them.

7.6 Clauses 3, 7.5, 8, 9, 10, 11, 12, 13.8 and 14 to 18 survive termination.

8. Intellectual property

8.1 We own the Software and the Documentation, and all intellectual property rights in them, including in any modification, update or new version, and including any change we make in response to your feedback or a bug you report.

8.2 You own Your Content. Apart from the limited licence in clause 13.4 for content you share in Collaborate, nothing in this Agreement gives us any right to Your Content, and clause 7.5 governs what happens to output the Software has written or exported.

8.3 The Software includes third-party and open-source components, listed with their licences in the third-party notices we supply with the Software or on request to [email protected]. Those licences govern those components, and where one conflicts with this Agreement, that licence prevails for that component.

8.4 We will not name you as a customer or use your logo in our marketing without your written consent.

9. Warranties and your rights under the Australian Consumer Law

9.1 Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy you have under the ACL, or under any other law that applies to you, that cannot lawfully be excluded, restricted or modified. Most purchases of the Software will be consumer purchases under the ACL, because the ACL treats a buyer as a consumer if the goods or services cost $100,000 or less, whether the buyer is a business or not.

9.2 Where the ACL applies:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

9.3 To the extent the law permits, and subject to clause 9.1 and clauses 14 to 18, we give no other warranty. In particular, we do not warrant that the Software will be uninterrupted or free of defects, or that it will meet your particular requirements.

9.4 Where section 64A of the ACL permits it, and it is fair and reasonable to do so, our liability for failing to comply with a consumer guarantee (other than a guarantee under section 51, 52 or 53 of the ACL) is limited, at our option, to replacing the Software, resupplying the services, or paying the cost of doing either.

10. Liability

10.1 The Software is an aid for viewing, comparing, marking up and editing documents. It highlights differences between revisions of a document automatically, and it can miss or misreport a difference. It does not check, approve or certify documents, and it is not a substitute for reading the documents you rely on. You remain responsible for checking every revision against the documents themselves and against every contract, standard and project requirement that applies. We do not review, approve or certify your work. Keep a copy of a document before you edit, combine, flatten or sign it with the Software.

10.2 Nothing in this clause limits liability that cannot be limited by law, including liability under clause 9.1 and clauses 14 to 18, liability for death or personal injury caused by our negligence, and liability for fraud.

10.3 Subject to clause 10.2, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings, or for project delay, rework, redesign, or liquidated damages or other amounts you owe under your own contracts.

10.4 Subject to clause 10.2, our total aggregate liability arising out of or in connection with this Agreement and the Software, including for a document or file the Software corrupts or loses, is limited to the fees you paid us in the 12 months before the event giving rise to the claim, or AU$100 if you hold a Free Licence.

10.5 Our liability is reduced to the extent your own act or omission caused or contributed to the loss, including not keeping a copy of a document before changing it with the Software, or not checking an output.

10.6 You indemnify us against any claim, loss or cost we suffer arising from your use of the Software in breach of clause 3, or unlawfully. This indemnity does not apply to the extent we caused the loss.

11. Windows and other third-party software

11.1 The Software runs on Microsoft Windows and uses the Microsoft Edge WebView2 Runtime, on the versions we state the Software supports. If your computer does not have the runtime, the installer offers to download it from Microsoft, which then receives your IP address, and Microsoft's terms apply to the runtime.

11.2 Thessova is not affiliated with, endorsed by, sponsored by or connected to Microsoft Corporation or Adobe Inc. Windows and WebView2 are trademarks of Microsoft Corporation, and Adobe and Acrobat are trademarks of Adobe Inc. PDF is an open standard (ISO 32000).

11.3 Microsoft controls Windows and WebView2. If Microsoft changes, deprecates or removes behaviour the Software relies on, we will use reasonable efforts to update the Software within a reasonable time. Subject to clause 9.1 and clauses 14 to 18, we are not liable for the interruption in the meantime.

11.4 You must comply with the terms of any third-party software the Software runs alongside.

12. General

12.1 Governing law. This Agreement is governed by the laws of the Commonwealth of Australia and of the Australian State or Territory in which you live or carry on business. If you do neither in Australia, it is governed by the laws of the Commonwealth of Australia and of the Australian State or Territory most closely connected with this Agreement. You and we submit to the non-exclusive jurisdiction of the courts of every Australian State and Territory and of the Commonwealth, and the courts that hear appeals from them. If you are a consumer living outside Australia, this choice of law does not take away the protection of the laws of the country where you live that cannot be excluded by agreement, and you may bring proceedings in the courts of that country. Clauses 14 to 18 say more.

12.2 Changes to these terms. We may change this Agreement only for a valid reason: to reflect a change in the law or in a regulator's guidance; to reflect a change in the Software or in how we supply it; to address a security risk; or to make the terms clearer. Fee changes are dealt with in clause 6.2. We will publish the new version and email you at least 30 days before it takes effect. From the date it takes effect, the Software asks you to accept the new version before it installs or opens, and you must accept it to keep using the Software. If you do not accept it, you may cancel, and we will refund the unused portion of your Subscription Term. We may make a change with shorter notice only where it is needed to comply with the law or to fix a security problem, and we will tell you as soon as we can.

12.3 Notices. We will send notices to the email address on your account. You send notices to [email protected]. A notice is given when sent, unless the sender receives a delivery failure.

12.4 Assignment. You may not assign or transfer this Agreement without our written consent, which we will not unreasonably withhold. We may assign it if we sell or restructure the business, and we will tell you if we do. An assignment will not reduce your rights under this Agreement.

12.5 Force majeure. Neither of us is liable for a failure to perform caused by an event outside our reasonable control, other than a failure to pay money.

12.6 Severability. If a provision of this Agreement is unenforceable, it is read down to the extent needed, or severed if it cannot be read down, and the rest continues.

12.7 Waiver. A failure to enforce a right is not a waiver of it.

12.8 Entire agreement. This Agreement, together with any order confirmation and our Privacy Policy, is the whole agreement between us about the Software and replaces anything said or written before it. Nothing in this clause excludes liability for misleading or deceptive conduct.

13. Collaborate

13.1 Collaborate lets people work on the same PDFs at the same time. It is off unless you turn it on (Settings, Workspace, Modes). While it is on, the Software connects to our Collaborate server (collab.fluah.com) and to our account server.

13.2 What we store. For each project, our Collaborate server stores the PDFs, pictures and markup changes its members share, who the members are and their roles, and the details it needs to run the project, such as file sizes and times. The other members of a project, and the people in your company when they invite colleagues, can see your name and email address. When you invite someone, the Software sends their email address to our account server, which emails them the invitation.

13.3 Encryption. The Software encrypts the PDFs, pictures and markups of a project on your computer, with a key for that project, before it uploads them, and our Collaborate server stores and forwards them without reading them. Our server keeps the project keys, protected by a master key, so we could technically decrypt a project; we do not do so unless the law requires us to. Live pointer positions and page numbers are not encrypted on our server. Everything is encrypted in transit.

13.4 Your licence to us. You grant us a non-exclusive licence to store, copy (including in backups) and transmit the content you share in Collaborate, only to provide Collaborate to you and the members of your projects. This licence ends when that content has been deleted from our servers and backups.

13.5 Your responsibilities and limits. You must have the right to share the content you put in a project, and you must not use Collaborate to share unlawful content. A project's Admins decide who can see and change it, and anyone given access can copy what they see. Collaborate has limits, which we may change on reasonable notice: currently 100 MB of PDFs a project, 2 GB a company (or, if you are in no company, 2 GB across the projects you made), 500 members and 500 PDFs a project, and 5 GB of pictures a person.

13.6 Where it is kept. Our Collaborate server is hosted by DigitalOcean in Sydney, Australia, and backed up every night to Cloudflare R2 in the Oceania region. When a project or a file is deleted, it is removed from our server straight away and from our backups within 36 days.

13.7 Unlawful content. If you think content in a project is unlawful, email [email protected] saying where it is and why. Where the law requires us to, or a court or authority orders us to, we may remove content or suspend access to a project, and we will tell the project's Admins why, unless the law prevents us.

13.8 When your Subscription ends, Collaborate stops working for you. You may ask us at any time to delete content you shared, but not the copies other members have already received. Clause 14.8 gives consumers in the European Union and the European Economic Area a right to a copy of what they shared.

14. Consumers in the European Union and the European Economic Area

14.1 This clause applies if you are a consumer, meaning an individual acting for purposes outside your trade, business, craft or profession, and you live in the European Union or the European Economic Area. It prevails over any other clause of this Agreement that conflicts with it.

14.2 Your legal guarantee. We must supply the Software in conformity with this Agreement for the whole Subscription Term, including the updates, security updates among them, needed to keep it in conformity. If it does not conform, you have the remedies the law of your country gives you: to have the Software brought into conformity, a price reduction, or ending this Agreement. During the Subscription Term, it is for us to prove that the Software conforms. Clauses 4.2, 9.3, 9.4 and 11.3 do not limit these rights.

14.3 Your right of withdrawal. You may withdraw from this Agreement within 14 days after the day you bought, without giving any reason. To withdraw, tell us clearly before the 14 days end, by email to [email protected], with the model form in clause 14.10, or with the withdrawal function on our website where it offers one. We will refund all payments we received from you within 14 days of receiving your notice, using the payment method you used, and you must then stop using and uninstall the Software.

14.4 When the right of withdrawal ends early. If, when you buy, you expressly ask us to supply the Software straight away and acknowledge that you will lose your right of withdrawal once supply begins, and we confirm this to you by email, your right of withdrawal ends when you first install or activate the Software. If we do not obtain your request and acknowledgement and send that confirmation, you keep the right for the full 14 days and pay nothing for your use before you withdraw.

14.5 Renewals. After your first Subscription Term, your Subscription continues until you end it, and it is billed in advance for each Subscription Term, a month or 12 months. You may end it at any time with one month's notice; if you pay yearly, we will refund the fees for the part of the paid year after your notice ends. The renewal reminder in clause 6.2 still applies.

14.6 Changes to the Software. Apart from changes needed to keep the Software in conformity, we change it only for a reason clause 12.2 lists, at no extra cost to you, and we will tell you clearly beforehand. If a change affects your access to or use of the Software negatively, other than in a minor way, you may end this Agreement free of charge within 30 days after the change or after we tell you of it, whichever is later, and we will refund the unused portion of your Subscription Term.

14.7 Liability. Clauses 10.3, 10.4 and 10.5 do not apply to you. Our liability to you is governed by the law of the country where you live.

14.8 Your content in Collaborate. When this Agreement ends, we will not use content you provided or created in Collaborate, other than personal data, except as the law allows. If you ask within 30 days after it ends, we will make that content available to you free of charge, within a reasonable time and in a commonly used, machine-readable format.

14.9 Law and courts. You keep the protection of the laws of the country where you live that cannot be excluded by agreement, and you may bring proceedings in the courts of that country. We may bring proceedings against you only in the courts of the country where you live.

14.10 Model withdrawal form. Complete and return this form only if you wish to withdraw from this Agreement:

• To: Brendan James Foreman, trading as Thessova, [email protected]
• I hereby give notice that I withdraw from my contract for the supply of the following digital content: a Fluah subscription.
• Bought on:
• Name:
• Address:
• Email address of your Fluah account:
• Date:

15. Consumers in the United Kingdom

15.1 This clause applies if you are a consumer, meaning an individual acting for purposes wholly or mainly outside your trade, business, craft or profession, and you live in the United Kingdom. It prevails over any other clause of this Agreement that conflicts with it.

15.2 Your statutory rights. We are under a legal duty to supply the Software in conformity with this Agreement. If it is faulty, you are entitled to a repair or a replacement; if that is impossible, or is not done within a reasonable time and without significant inconvenience to you, you are entitled to a price reduction. If the Software damages your device or other digital content, and that is because we did not use reasonable care and skill, we will repair the damage or pay you compensation. Nothing in this Agreement affects these rights, and clauses 4.2, 9.3, 9.4 and 11.3 do not limit them.

15.3 Your right to cancel. You may cancel this Agreement within 14 days after the day you bought, without giving any reason, in the same ways and with the same refund as clause 14.3 describes, using the model form in clause 14.10 if you wish. Your right to cancel ends early in the same circumstances as clause 14.4 describes, and if they do not apply you pay nothing for your use before you cancel.

15.4 Renewals. If you cancel within 14 days after a yearly renewal, we will refund the renewal fee, less a proportionate amount for the days before you cancelled.

15.5 Liability. Clauses 10.3, 10.4 and 10.5 do not apply to you. We are responsible for loss you suffer that is a foreseeable result of our breaking this Agreement or of our failing to use reasonable care and skill. We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for breach of your statutory rights. We are not responsible for business losses.

15.6 Law and courts. You keep the protection of the laws of the part of the United Kingdom where you live that cannot be excluded by agreement, and you may bring proceedings in the courts of that part of the United Kingdom.

16. Customers in the United States

16.1 This clause applies if you live in, or are based in, the United States.

16.2 SUBJECT TO CLAUSE 9.1, AND TO THE EXTENT THE LAW ALLOWS, EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

16.3 SUBJECT TO CLAUSES 9.1 AND 10.2, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, AND OUR TOTAL LIABILITY IS LIMITED AS CLAUSE 10.4 SAYS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

16.4 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION TERM, EVERY MONTH IF YOU PAY MONTHLY OR EVERY 12 MONTHS IF YOU PAY YEARLY, AND WE CHARGE THE THEN-CURRENT FEE TO YOUR PAYMENT METHOD AT EACH RENEWAL, UNTIL YOU CANCEL. You can cancel at any time before a renewal date, online in your account on fluah.com or by the email that clause 6.2 describes. We will remind you before each yearly renewal as clause 6.2 says, and we will tell you of any material change to these renewal terms, including a fee increase, before it applies.

16.5 Clause 4.5 does not restrict an individual's honest review or performance assessment of the Software.

16.6 The Software and the Documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. A United States Government end user acquires them only with the rights this Agreement gives every other customer.

16.7 You must comply with United States export control and sanctions laws when you use, export or re-export the Software.

16.8 If you are a consumer, you may bring a claim in the courts of the state where you live, including a small claims court, and the consumer protection laws of that state apply where they cannot be excluded by agreement.

16.9 California residents: under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Customers in New Zealand

17.1 If you are a consumer in New Zealand, nothing in this Agreement limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

17.2 If you acquire the Software in trade, for the purposes of a business, you and we agree that the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable for both of us to be bound by this clause.

18. Customers in Canada

18.1 If you are a consumer in Canada, nothing in this Agreement limits the rights the consumer protection laws of your province or territory give you, and a clause of this Agreement that those laws do not allow applies to you only to the extent they allow it.