Terms of Service

FluxMobile is a Mobile Virtual Network Operator (MVNO) platform that provides the following telecommunications services:

Services are provided on an "as available" basis. FluxMobile does not guarantee uninterrupted service and may experience outages due to network maintenance, carrier issues, or force majeure events. Service availability and coverage depend on our underlying carrier partners and your geographic location.

To register for and use FluxMobile Services as an individual account holder, you must:

1. Be at least 18 years of age, or the age of legal majority in your jurisdiction, OR be a minor whose parent or legal guardian has opened and registered a Family Account on your behalf (see Section 3.1 below);
2. Provide accurate and complete registration information;
3. Have the legal capacity to enter into a binding agreement, or be represented by a parent or guardian who has such capacity;
4. Not have been previously suspended or terminated from FluxMobile Services for a violation of these Terms.

Business accounts must be registered by an authorized representative of the entity with the legal authority to bind the organization to these Terms.

As a FluxMobile user, you are responsible for:

1. Account Security. You must maintain the confidentiality of your account credentials and are responsible for all activities that occur under your account. Notify us immediately at legal@fluxcybers.polsia.app if you suspect unauthorized access.
2. Accurate Information. You must provide and maintain accurate, current, and complete account information, including contact details and billing information.
3. Lawful Use. You agree to use the Services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations, including telecommunications regulations.
4. Acceptable Usage. You must comply with our fair use policies and not engage in activity that degrades the quality of service for other users or our carrier partners.
5. Number Stewardship. Phone numbers assigned to your account remain the property of FluxMobile and our carrier partners. You must use assigned numbers in accordance with applicable numbering plan regulations.
6. Regulatory Compliance. If you use the Services for business or A2P messaging, you are solely responsible for obtaining all necessary consents from message recipients and complying with applicable anti-spam, telemarketing, and consumer protection laws (including GDPR, the ePrivacy Directive, and any local equivalents).

You must not use FluxMobile Services to:

This list is non-exhaustive. FluxMobile reserves the right to determine, at its sole discretion, whether any use of the Services constitutes a prohibited use. Violations may result in immediate account action as described in Section 8.

FluxMobile operates a Trust Tier system designed to protect our network, our carrier partners, and all users from abuse. This system is a core part of how FluxMobile maintains service quality and regulatory compliance.

Trust tier assignment and graduation are determined algorithmically based on objective behavioral signals. FluxMobile does not disclose the specific criteria or thresholds used to calculate trust scores, as doing so would enable circumvention by bad actors.

Your current trust tier is visible in your FluxMobile client portal. If you believe your tier assignment is incorrect, you may request a review by contacting legal@fluxcybers.polsia.app.

Trust tiers may be adjusted downward if compliance issues are detected. Downgrade notifications will be sent to your registered email address with an explanation of the general category of concern.

FluxMobile employs automated compliance monitoring to detect abuse patterns and protect our network. By using the Services, you acknowledge and consent to this monitoring.

Our compliance monitoring operates exclusively on metadata and usage patterns. We detect anomalies in how the Services are used, not what is communicated through them. For full details on data collection, see our Privacy Policy.

If FluxMobile determines that your account has violated these Terms, or if our compliance systems detect patterns consistent with prohibited use, we may take one or more of the following actions:

Appeal Process

If your account is throttled, suspended, or terminated, you may appeal by emailing legal@fluxcybers.polsia.app with the subject line "Account Action Appeal" and the following information:

1. Your FluxMobile account email address and account ID;
2. The phone number(s) affected;
3. A description of your use case and why you believe the action was applied in error;
4. Any supporting documentation.

FluxMobile will review all appeals within 10 business days and provide a written response. During the appeal review period, account actions remain in effect. FluxMobile's decision on appeals is final.

FluxMobile Services are billed according to the pricing plan selected during account activation or as subsequently modified through your client portal. All prices are exclusive of applicable taxes unless stated otherwise.

1. Payment Terms. Fees are due on the billing date specified in your account. Failure to pay may result in service suspension.
2. Usage-Based Charges. Certain Services are billed on a per-use basis (e.g., per SMS segment, per minute of voice, per megabyte of data). Usage charges are calculated based on CDR data and are billed in arrears.
3. Disputes. Billing disputes must be raised within 30 days of the invoice date by emailing legal@fluxcybers.polsia.app. Undisputed portions of an invoice remain due.
4. Refunds. Prepaid balances are non-refundable except where required by applicable law. Refunds for service issues will be assessed on a case-by-case basis.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. No Warranty. FluxMobile Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Service Limitations. FluxMobile does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. Telecommunications services are inherently dependent on third-party infrastructure and are subject to outages, latency, and coverage limitations.
3. Liability Cap. In no event shall First Digital Holdings LLC, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Services.
4. Maximum Liability. FluxCybers' total aggregate liability for any claims arising under these Terms shall not exceed the total amount paid by you to FluxMobile during the twelve (12) months immediately preceding the event giving rise to the claim.
5. Emergency Services. FluxMobile is not a replacement for traditional landline or mobile telephony for the purpose of accessing emergency services. We do not guarantee that emergency calls (e.g., 112, 999) will be connected or that location information will be transmitted accurately. You must maintain an alternative means of accessing emergency services.

You agree to indemnify, defend, and hold harmless First Digital Holdings LLC, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

1. Your use of the Services in violation of these Terms;
2. Your violation of any applicable law or regulation;
3. Any claim by a third party arising from messages, calls, or other communications sent or received through your account;
4. Your failure to obtain necessary consents for business or A2P messaging.

Termination by You

You may terminate your account at any time by contacting us at legal@fluxcybers.polsia.app or through your client portal. Upon termination, all assigned phone numbers will be released and cannot be guaranteed to be recoverable. Any outstanding balance must be paid within 30 days of termination.

Termination by FluxMobile

FluxMobile may terminate your account immediately and without prior notice if:

1. You materially breach these Terms, including engaging in any prohibited use described in Section 5;
2. Your account is used for illegal activity or poses a risk to our network, carrier partners, or other users;
3. You fail to pay outstanding fees within 30 days of the due date;
4. We are required to do so by law, regulation, or a valid court order;
5. We discontinue the Services or any material portion thereof (with 30 days advance notice where practicable).

Effect of Termination

Upon termination, your right to use the Services ceases immediately. FluxMobile will retain your data in accordance with our Privacy Policy. Sections 5, 10, 11, and 14 of these Terms survive termination.

FluxMobile reserves the right to modify these Terms at any time. We will provide at least 30 days notice of material changes by email to your registered address and by posting the updated Terms on our website with a revised effective date.

Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your account before the effective date.

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws principles.

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Ireland.

Nothing in this section shall prevent FluxMobile from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent imminent harm to its network or users.