Effective Date: Jan 1st 2023
Last Updated: Feb 10th 2025
To our valued customers. These Terms of Use (“Terms”) govern your purchase, access, and use of Fleek Inc.’s hardware products, software services, and/or online store and websites and related services (the “Platform”). By purchasing, activating, or using the Platform, you agree to these Terms. If you do not agree, you may not use our Platform.
1. DEFINITIONS
“Fleek”, “we”, “us”, or “our” refers to Fleek Inc.
“Customer”, “you”, or “your” refers to the individual or entity purchasing and using the Platform.
“Hardware” refers to the physical products that make up the Platform purchased from Fleek Inc. including but not limited to the Fleek Light machine.
“Software” refers to the proprietary software that makes up the Platform that operates the Hardware to enable its functionality or as standalone web or mobile applications including but not limited to Fleek Light firmware and the Fleek app at app.fleekpmu.com
“Subscription” refers to the ongoing software access plan that is billed monthly or annually based on metered usage.
“Usage Fees” refers to the fees incurred based on usage processed through the Software.
“Misuse” refers to any action intended to circumvent or manipulate Fleek’s metered usage system, or an attempt to use the Platform for unintended purposes.
2. PURCHASE & SOFTWARE SUBSCRIPTION
2.1 Hardware Purchase
By purchasing the Fleek Hardware, you obtain ownership of the physical device. However, ownership of the Hardware does not grant any rights to the Software usage beyond those outlined in this agreement. An active Software subscription is required to operate Fleek Hardware. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.2 Software License
Fleek grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely in connection with the Hardware and in accordance with these Terms. The Software is licensed, not sold
.2.3 Subscription & Billing
Access to the Software requires an active Subscription.Subscription fees are calculated based on metered usage. The most current subscription plans can be found on the official Fleek website on www.fleekpmu.comSubscription fees are billed either monthly or annually, depending on the plan you select at checkout and availability of special promotions. Your usage pricing will be automatically calculated and billed at the end of each billing cycle. Transaction and billing history can be accessed through the Software. Failure to maintain an active Subscription may result in restricted access to the Software and the Hardware’s core functionalities.
3. WARRANTY
3.1 Limited One-Year Warranty
Fleek Inc. warrants that the Hardware will be free from defects in materials and function under normal use for a period of one (1) year from the date of original purchase (“Warranty Period”).
3.2 Warranty Coverage
During the Warranty Period, if the Hardware is found to be defective due to faulty materials or functionality, Fleek will, at its sole discretion:
• Repair the defective Hardware, or
• Replace the defective Hardware with a new or refurbished unit.
3.3 Warranty Exclusions
This warranty does not cover:
• Normal wear and tear.
• Damage caused by misuse, neglect, accident, or unauthorized modifications.
• Damage caused by use of the Hardware with third-party accessories or software not approved by Fleek.
• Cosmetic damage that does not affect functionality.
• Issues caused by failure to follow proper maintenance or operating instructions.
3.4 Warranty Claims
To initiate a warranty claim, contact Fleek Inc. at support@fleekpmu.comwith proof of purchase and a description of the issue. Fleek reserves the right to require the return of defective Hardware before issuing a replacement or repair.
3.5 Disclaimer of Other Warranties
Except for the express warranty above, Fleek disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
4. USAGE MONITORING & COMPLIANCE
4.1 Automated Auditing
To maintain fair usage and ensure compliance, Fleek implements automated auditing mechanisms to monitor usage patterns.
4.2 Prohibited Misuse
Misuse of the Platform, including but not limited to the following, is strictly prohibited:
• Using our Platform to engage in any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
• Attempting to tamper with, disable, or circumvent usage monitoring systems.
• Engaging in fraudulent or deceptive practices to reduce Subscription costs.
• Using a single client profile for multiple distinct clients to evade Usage Fees.
4.3 Enforcement of Proper Usage
If our automated auditing detects Misuse, Fleek reserves the right to immediately suspend your account or automatically adjust your billing to reflect the actual usage processed.You will be charged retroactively for any hidden usage and may be subject to additional fees for repeated violations. Continued violations may result in account suspension or termination at Fleek’s sole discretion.
5. CUSTOMER DATA & PRIVACY
5.1 Data Confidentiality & Protection
Fleek is committed to protecting your data. Any personal, business, or client data collected through your use of the Platform will be kept strictly confidential and will never be sold, shared, or disclosed to third parties, except as required by law or with your explicit consent.
5.2 Use of Anonymized Data
To enhance the performance, usability, and functionality of our Platform, we reserve the right to collect and analyze anonymized data derived from customer usage. This data may be used for the following purposes:
• Improving software algorithms and system performance.
• Enhancing user experience and feature development.
• Identifying and resolving potential system issues.
All anonymized data is stripped of personally identifiable information before being processed.
5.3 Data Security
We employ industry-standard security measures to protect all collected data from unauthorized access, misuse, or disclosure. However, while we strive to maintain the highest security standards, no system can guarantee absolute security. You are responsible for safeguarding your account credentials and notifying us immediately of any unauthorized access to your account.
6. ACCOUNT MANAGEMENT
6.1 Account Registration
You must create an account to access the Software. You will be given instructions to register for your account upon purchase of the Hardware or a related package from our store. You are responsible for maintaining the security of your account credentials.
6.2 Subscription Changes & Cancellations
You may modify or cancel your Subscription plan through your account settings.Cancellations take effect at the end of the current billing cycle.No refunds are provided for unused portions of a billing period.
7. THIRD PARTY LINKS
Certain content or services linked via our Platform may include materials from third-parties. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8. INTELLECTUAL PROPERTY
Fleek Inc. retains all rights, title, and interest in the Software, including all intellectual property rights. You may not reverse-engineer, modify, reproduce, or distribute the Platform or any related proprietary technology.
9. LIMITATION OF LIABILITY
We do not warrant that the quality of the Platform will meet your expectations, or that any errors in the Platform will be corrected. We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable. You expressly agree that your use of, or inability to use, the Platform is at your sole risk.
Our total liability for any claim related to the Platform will not exceed the amount you paid for in Subscription in the past 12 months or the cost of Hardware.You agree that from time to time we may remove parts or all of the Platform for indefinite periods of time or cancel the service at any time, without notice to you. In no case shall Fleek Inc., our directors, officers, employees, or any affiliates or constituents be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of Platform.
10. TERMINATION
We may suspend or terminate your access to the Platform for violations of these Terms. If your Subscription is terminated for non-compliance, you remain responsible for any outstanding fees.
11. GOVERNING LAW & DISPUTES
These Terms are governed by the laws of the State of Delaware. Any disputes will be resolved through binding arbitration in the State of Delaware, United States.
12. CHANGES TO TERMS
Fleek reserves the right to modify these Terms at any time. Continued use of the Platform after modifications constitutes acceptance of the updated Terms.
13. CONTACT INFORMATION
For any questions regarding these Terms, contact us at support@fleekpmu.comBy purchasing and using any aspects of the Platform, you acknowledge that you have read, understood, and agreed to these Terms.
