Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Services provided by Flectar ("Company", "we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Services on behalf of such entity.

2. Description of Services

Flectar provides professional services including but not limited to: web and software development, brand strategy and identity design, user interface and user experience design, digital marketing and growth strategies, and advertising campaign management. The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate Statement of Work (SOW) or Service Agreement.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Any new features, tools, or resources added to the current Services shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

3. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When you create an account, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

4. Client Responsibilities

As a client of Flectar, you agree to: (a) provide accurate and complete information necessary for the performance of the Services; (b) respond to our requests for information, feedback, and approvals in a timely manner; (c) designate a primary point of contact who has the authority to make decisions on behalf of your organization; (d) ensure that any materials you provide to us do not infringe upon the intellectual property rights of any third party.

You acknowledge that delays in providing required information, feedback, or approvals may impact project timelines and deliverables. Flectar shall not be held responsible for any delays caused by your failure to fulfill your responsibilities under this Agreement.

You are solely responsible for ensuring that your use of the Services and any deliverables complies with all applicable laws, regulations, and industry standards in your jurisdiction.

5. Intellectual Property Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Flectar or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Upon full payment of all fees due, Flectar grants you a non-exclusive, non-transferable license to use the final deliverables as specified in your Statement of Work. All preliminary concepts, drafts, and unused designs remain the property of Flectar unless otherwise agreed in writing.

You grant Flectar a non-exclusive, royalty-free license to use your name, logo, and a description of the work performed for marketing and promotional purposes, including but not limited to portfolio displays, case studies, and social media posts, unless you specifically request in writing to opt out of such use.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services without our prior written consent, except as necessary for the normal use of the Services.

6. Payment Terms

Payment terms, including fees, payment schedules, and accepted payment methods, will be specified in your Statement of Work or Service Agreement. Unless otherwise agreed, invoices are due within thirty (30) days of the invoice date. All fees are non-refundable unless otherwise specified.

If any payment is not received by the due date, Flectar reserves the right to: (a) charge interest on the overdue amount at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower; (b) suspend work on your project until payment is received; (c) terminate the Agreement and retain all work completed to date.

You are responsible for all taxes, duties, and other governmental charges associated with the Services, excluding taxes based on Flectar's net income. If Flectar is required to collect or pay any taxes on your behalf, such taxes will be invoiced to you and must be paid in full.

7. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party during the course of the engagement. Confidential information includes, but is not limited to, business plans, technical data, product ideas, customer lists, financial information, and any other information designated as confidential or that reasonably should be understood to be confidential.

The receiving party agrees to: (a) use the confidential information solely for the purpose of fulfilling its obligations under this Agreement; (b) protect the confidential information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (c) not disclose the confidential information to any third party without the prior written consent of the disclosing party.

These confidentiality obligations shall survive the termination of this Agreement for a period of three (3) years, except for trade secrets, which shall be protected indefinitely.

8. Warranties and Disclaimers

Flectar warrants that: (a) we have the right to enter into this Agreement and provide the Services; (b) the Services will be performed in a professional and workmanlike manner consistent with industry standards; (c) the deliverables, to the best of our knowledge, will not infringe upon the intellectual property rights of any third party.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FLECTAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLECTAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER FLECTAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FLECTAR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO FLECTAR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, FLECTAR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Flectar and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any materials or content you provide to Flectar.

Flectar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Flectar in asserting any available defenses.

11. Termination

Either party may terminate this Agreement: (a) for convenience upon thirty (30) days' written notice to the other party; (b) immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice thereof.

Upon termination, you shall pay Flectar for all Services rendered and expenses incurred up to the effective date of termination. Flectar shall deliver to you all completed deliverables and work in progress, subject to full payment of all amounts due.

The following sections shall survive termination of this Agreement: Intellectual Property Rights, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

12. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in Málaga, Spain, and you hereby consent to the personal jurisdiction and venue of such courts.

Before initiating any legal proceeding, the parties agree to attempt in good faith to resolve any dispute through negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue legal remedies as provided herein.

14. General Provisions

This Agreement constitutes the entire agreement between you and Flectar regarding the Services and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Flectar's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Flectar. Flectar may assign this Agreement without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at:

We will respond to your inquiry within a reasonable timeframe.