Terms of Service

1. Introduction

Welcome to VisualThings — the operational transparency platform that brings your whole operation into one living view.

These Terms and Conditions (“Terms”, “Terms of Use”) govern the access to and use of the VisualThings web application (“Platform”), provided by fluxatron softec GmbH (“Provider”, “we”, “us”, “our”).

The Service is operated by fluxatron softec GmbH. We are registered in Germany under trade register ID HRB 24904 at the local court of Duisburg (Amtsgericht Duisburg). Our VAT number is DE286223476. Our registered offices are located at: Alstadener Str. 193, 46049 Oberhausen, NRW / Germany.

Please read these Terms carefully before registering for or using the Service, as they form a legally binding agreement between you and fluxatron softec GmbH.

2. Changes to Terms

We may update these Terms at any time. We will provide Users with reasonable advance notice of any material updates via the Service or email, as required by applicable law.

3. Eligibility

The Service is intended exclusively for business and commercial (B2B) use and not for consumers. If you are acting on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.

4. Subscription; Payment and Refunds

4.1. General

The Service is provided under a subscription model with various usage plans. Fees, billing cycles, and payment terms are defined in your subscription agreement or order form.

4.2. Pricing and Tax

The fee for a Usage Plan is the price indicated at the time of subscription. The Total Usage Fee Price includes all applicable sales, use, value-added tax (“VAT”), or goods and services tax (“GST”).

5. User Accounts, Access to Service

To access the Service, you must create an account. We distinguish between organizational accounts and user accounts. You are responsible for maintaining the confidentiality and security of your Account credentials.

6. License to Service; Restrictions; Acceptable Use

6.1. License Grant

Subject to your compliance with these Terms and a valid subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes.

6.2. Restrictions of Use

You may not:

• Lease, lend, sell, redistribute, or sublicense the Service
• Copy, modify, distribute, or create derivative works of the Service
• Use the Service for the purpose of training AI or machine learning models
• Reverse engineer, decompile, or attempt to access the Service’s source code
• Use the Service for illegal activities

9. Intellectual Property

The Service, including its interfaces, graphics, trademarks, design, information, code, features, software, and underlying technology are owned by Provider and are protected by law. “fluxatron softec” and “VisualThings” are our trademarks.

11. Disclaimer and Limitation of Liability

a) Disclaimer; No Warranties

The Service is provided “as is” and “as available” without any warranties, representations, or conditions of any kind. In particular, the Provider does not guarantee any uptime, availability, error-free operation, or fitness of the Service for any purpose.

b) Limitation of Liability

To the maximum extent permitted by applicable law, the Provider’s total liability for any claims, damages, or losses shall be limited to the amount of fees paid by the User to the Provider in the twelve (12) months preceding the event giving rise to the liability.

12. Termination

We may suspend or terminate your access to the Service for breach of these Terms or non-payment. You may terminate your subscription as specified in your subscription agreement.

13. Governing Law, Jurisdiction and Venue

These Terms are governed by the laws of Germany, excluding its conflict of law principles and within the framework of European Union law. For users who are not “consumers” under EU law, any disputes shall be subject to the exclusive jurisdiction of the courts of Oberhausen, North Rhine-Westphalia, Germany.

15. Contact

You can contact us at our registered address, via our support form, by email at [email protected], or by phone at +49 (208) 88388 675.

fluxatron softec GmbH
Alstadener Str. 193
46049 Oberhausen, Deutschland
Email: [email protected]
Phone: +49 (208) 88388 675