Terms of Service

These Terms of Service ("Terms") govern your use of Checkpoint backup software and related services (the "Service") provided by Fluxcode Studio LLC ("Company," "we," "us," or "our"). By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. License

Checkpoint is licensed under the Polyform Noncommercial License 1.0.0. You may use the Service for any noncommercial purpose. Commercial use requires a separate license from Fluxcode Studio LLC. The source code is available at github.com/fluxcodestudio/Checkpoint.

2. Use at Your Own Risk

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Checkpoint is backup software. While we strive to make it reliable, you acknowledge and agree that:

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLUXCODE STUDIO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total aggregate liability exceed the amount you paid for the Service in the twelve (12) months preceding the claim, or fifty US dollars ($50), whichever is greater.

4. Disclaimer of Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

5. Indemnification

You agree to indemnify, defend, and hold harmless Fluxcode Studio LLC and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

6. Acceptable Use

You agree not to:

7. Updates and Changes

We may release updates, patches, or new versions of the Service at our discretion. We are under no obligation to provide updates, support, maintenance, or bug fixes. We may modify or discontinue the Service (or any part of it) at any time without notice or liability.

8. Third-Party Services

Checkpoint integrates with third-party services (cloud storage providers, database engines, etc.). We are not responsible for the availability, security, or terms of any third-party service. Your use of third-party services is governed by their respective terms and policies.

9. Termination

You may stop using the Service at any time by uninstalling it. We may terminate or suspend your access to the Service at any time for any reason, including violation of these Terms, without notice or liability.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

11. Severability

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

12. Entire Agreement

These Terms, together with the Privacy Policy and any applicable license agreement, constitute the entire agreement between you and Fluxcode Studio LLC regarding the Service and supersede all prior agreements and understandings.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

14. Contact

Fluxcode Studio LLC
Email:
Website: https://fluxcode.studio