Terms of service
Effective upon receipt, possession, or use of any FluxJet product.
1. ACCEPTANCE OF TERMS UPON RECEIPT
These Terms of Service apply from the moment the purchaser, recipient, or any person acting on the purchaser’s behalf takes physical delivery, possession, custody, or control of any FluxJet product, accessory, component, documentation, firmware, software, or digital file (collectively, the “Product”).
Acceptance of these Terms is deemed to occur upon receipt of the Product, regardless of whether payment was made earlier, whether the Product was shipped earlier, or whether the purchaser separately acknowledged these Terms at checkout.
Continued possession, use, inspection, transport, operation, storage, modification, servicing, resale, or transfer of the Product constitutes ongoing acceptance of these Terms.
If the recipient does not agree to these Terms, the Product must remain unopened and unused, and FluxJet Kayaks must be contacted immediately regarding return eligibility.
2. PRODUCT SPECIFICATION AND DELIVERY
The Product delivered shall conform to the latest published specification on the FluxJet Kayaks website as of the date of final assembly unless otherwise expressly agreed in writing.
Product specifications, components, finishes, accessories, and optional features may be updated from time to time as part of ongoing product improvement.
Estimated shipping charges provided prior to dispatch are estimates only and may be subject to carrier surcharges, access fees, residential delivery fees, fuel adjustments, or other third-party charges outside the control of FluxJet Kayaks.
The customer remains responsible for any verified shipping variance.
3. INTELLECTUAL PROPERTY AND REVERSE ENGINEERING
All Products, designs, hull shapes, propulsion systems, steering systems, electrical layouts, firmware, software logic, CAD files, STEP files, STL files, drawings, dimensions, tolerances, assembly methods, manufacturing methods, and related technical information remain the exclusive intellectual property of FluxJet Kayaks LLC.
The purchaser and any subsequent possessor or user agrees not to, and not to permit, encourage, assist, facilitate, or authorize any third party to:
(a) reverse engineer, decompile, disassemble, inspect, measure, map, benchmark, scan, model, test, replicate, or otherwise attempt to derive the design, architecture, dimensions, performance characteristics, electronics layout, propulsion system design, firmware logic, or manufacturing methods of the Product;
(b) provide the Product or any part of the Product to any engineer, machine shop, designer, competitor, consultant, testing laboratory, or other third party for the purpose of reverse engineering, replication, analysis, or development of a competing or derivative product;
(c) provide photographs, scans, dimensions, measurements, CAD recreations, technical drawings, samples, components, or internal access to any third party for such purposes;
(d) create, commission, manufacture, or assist in the manufacture of any derivative, clone, or competing product based in whole or in part on the Product.
This restriction applies whether undertaken personally or through any third party, contractor, dealer, consultant, or affiliated entity.
Any breach of this clause immediately voids all warranties, support obligations, replacement part access, service rights, and any future product support.
FluxJet Kayaks reserves all rights and remedies available at law and in equity, including injunctive relief, damages, recovery of legal costs, and enforcement of patent, copyright, trademark, and trade secret rights.
4. DIGITAL FILES AND PERSONAL USE LICENSE
Where FluxJet provides any STL, STEP, CAD, CNC, or similar digital files, such files are licensed solely for personal, non-commercial use in connection with the purchaser’s personally owned FluxJet Product.
These files may not be shared, uploaded, resold, distributed, commercially manufactured, supplied to third parties, or used for competing products.
FluxJet Kayaks may revoke access to any files immediately upon breach.
5. ORDER CANCELLATIONS AND RETURNS
Orders may be cancelled under the following conditions:
- Prior to shipment: 2.5% payment processing fee
- After receipt, while still sealed in original packaging and within 30 days: 2.5% processing fee plus 10% restocking fee plus outbound and return shipping costs
No refunds or returns are accepted once the Product has been removed from its original packaging, except where required by law or under a valid warranty claim.
6. CUSTOMER RESPONSIVENESS AND FINAL PAYMENT
Where a final balance remains due, the customer agrees to respond promptly to communications regarding final assembly, configuration, shipment, and payment.
If the customer fails to respond or fails to pay any outstanding balance within four (4) weeks of notice, FluxJet Kayaks may cancel the order and refund amounts paid less third-party costs and non-refundable transaction fees.
7. USE OF CUSTOMER-SUBMITTED MEDIA
By submitting, uploading, or sending any photographs, videos, or other media content to FluxJet Kayaks LLC via email, social media, messaging platforms, or any other communication channel, you grant FluxJet Kayaks LLC a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format, whether now known or later developed, for marketing, promotional, advertising, or any other lawful business purposes.
Unless expressly agreed otherwise in writing, you acknowledge and agree that:
(a) no compensation will be payable for such use;
(b) FluxJet Kayaks LLC is not required to provide attribution;
(c) you represent and warrant that you own or have all necessary rights and permissions to grant this license, including from any third parties appearing in the content; and
(d) this license survives termination of any relationship with FluxJet Kayaks LLC.
If you do not wish for your submitted content to be used in this manner, you must clearly state this in writing at the time of submission.
FluxJet Kayaks LLC shall have no obligation to remove or cease use of any content once published.
Use of Hashtags and Public Submissions
If you publicly post or share any photographs, videos, or other content on social media using the hashtag “#FluxJet” or any other hashtag promoted by FluxJet Kayaks LLC, you acknowledge that you are identifying your content in connection with our brand. However, such use of a hashtag alone does not obligate FluxJet Kayaks LLC to use your content, nor does it create any compensation rights.
Where FluxJet Kayaks LLC requests or confirms permission to use such content (including via comment, direct message, or other written communication), you agree that your affirmative response (including replies such as “yes”, “ok”, or similar) constitutes acceptance of the license terms set out in these Terms of Service.
8. LIMITED WARRANTY
FluxJet Kayaks warrants that new Products purchased directly from FluxJet Kayaks or an authorized dealer will be free from defects in workmanship and materials under normal personal recreational use for a period of two (2) years from the date of physical receipt by the original purchaser.
The warranty is non-transferable.
The warranty is immediately void if:
- any sealed compartment is opened without written consent
- unauthorized parts or accessories are installed
- the Product is modified
- any reverse engineering clause is breached
- the Product is used commercially or for rental use
- the Product is used outside operating limits
- damage results from misuse, collision, abuse, neglect, improper storage, surf use, or operation while impaired
9. SERVICE AND SUPPORT TERRITORY
FluxJet Kayaks currently provides warranty service, technical support, replacement parts, and after-sales assistance only within the United States and any other territories expressly approved in writing by FluxJet Kayaks.
If the Product is moved, exported, resold, transferred, or used outside an approved service territory, FluxJet Kayaks may be unable to provide service, technical assistance, warranty support, replacement parts, or repair logistics.
The purchaser acknowledges that any international shipment, relocation, or transfer of the Product is undertaken at the purchaser’s own risk and expense, including all freight, customs, duties, import compliance, registration, and local legal requirements.
FluxJet Kayaks makes no representation that service, parts availability, warranty processing, or technical support will be available outside approved territories.
10. WARRANTY CLAIMS
Claims must be made within thirty (30) days of discovery by contacting:
info@fluxjetkayaks.com
844-FLUXJET (358-9538)
FluxJet Kayaks may provide replacement parts and repair instructions.
If factory repair is required, the customer is responsible for shipping and handling charges unless otherwise required by law.
11. DISPUTE RESOLUTION
Any dispute arising out of or relating to the sale, receipt, use, possession, warranty, or ownership of the Product shall be resolved exclusively by binding arbitration administered in Collin County, Texas.
The customer waives any right to jury trial or class action participation to the maximum extent permitted by law.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, FluxJet Kayaks shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from use of the Product.
13. GOVERNING LAW
These Terms shall be governed by the laws of the State of Texas.