Platform Terms
Fluxzero Platform Terms
Section titled “Fluxzero Platform Terms”Last update: September 2026
Article 1 - Definitions and general
Section titled “Article 1 - Definitions and general”1.1 Defined terms
- “Agreement”: the agreement between Fluxzero and Customer consisting of these Platform Terms, the NLDigital Terms 2025 (Schedule 1).
- “Application”: any backend application developed by Customer using the SDK and deployed on the Platform.
- “Application Code”: the code written by Customer using the SDK, defining the functional behavior of an Application, excluding Fluxzero’s execution infrastructure.
- “Cloud Deployment”: deployment on the ZeroOps Cloud, where Fluxzero manages execution, persistence, messaging, scaling, and infrastructure.
- “Cluster”: a managed execution environment on the Platform.
- “Documentation”: the technical documentation on Fluxzero’s website, as updated from time to time.
- “DPA”: the provisions of Chapter 4 (Processing of Personal Data) of the NLDigital Terms 2025 (Articles 28.1-32.3, Schedule 1) apply and constitute a data processing agreement in accordance with Article 28(3) GDPR.
- “Effective Date”: the date on which Customer electronically accepts these Terms (for example by creating an account or clicking an acceptance button) or, if earlier, the date on which Customer first uses the Platform.
- “Fees”: the amounts payable by Customer under Article 3.
- “GDPR”: the EU General Data Protection Regulation 2016/679/EC and any related and applicable national implementation legislation.
- “Platform”: the ZeroOps Cloud, Runtime, SDK, APIs, and all related services, tooling, and documentation, also see service descriptions on Fluxzero’s website.
- “Runtime”: Fluxzero’s proprietary execution engine handling message routing, persistence, scheduling, observability, security, and scaling.
- “SDK”: the open source development kit (Java/Kotlin) as available on Fluxzero’s website.
- “Self-Hosted Deployment”: where separately agreed, deployment on Customer’s own infrastructure using the Runtime.
- “Services”: the services under the Agreement, as described in Article 2.
- “Specifications”: description of the Platform’s functionalities, specifications, and service scope as described in the then-current service descriptions published on Fluxzero’s website.
- “ZeroOps Cloud”: Fluxzero’s managed cloud environment for deploying Applications without managing servers, databases, or infrastructure.
1.2 Other defined terms may be defined throughout these Platform Terms.
1.3 The Platform is a cloud platform for backend software that enables Customer to build, deploy, and run backend applications. The Platform separates Application Code from execution infrastructure, allowing Customer to focus on its product logic while Fluxzero provides runtime, execution, persistence, messaging, scheduling, observability, and security.
1.4 ZeroOps Cloud is available as a managed cloud service on European infrastructure. Local development using the SDK is free of charge. Fees apply only to deployment and operation on the ZeroOps Cloud and any separately agreed professional services, unless otherwise agreed in writing.
1.5 Fluxzero provides the Platform solely as a technology provider. All Application Code, Applications, and workloads are developed, configured, and operated by Customer. Fluxzero does not control or assume responsibility for the content, configuration, or outcomes of Customer’s Applications, except as expressly provided in the Agreement.
1.6 The Platform is made available exclusively for business use. These Terms apply only to legal entities and natural persons acting in the course of a trade, business, craft, or profession (“Business Users”). Consumers within the meaning of applicable consumer protection law, being natural persons acting for purposes outside their trade, business, craft, or profession, are explicitly excluded from accessing and using the Platform. Fluxzero may require Business Users to provide a valid Chamber of Commerce number, VAT identification number, or equivalent business registration detail upon registration as a condition of access to the Platform and is entitled to refuse or terminate access if Customer does not qualify as a Business User.
1.7 The agreement between Fluxzero and Customer consists of these Platform Terms, the NLDigital Terms 2025 (Schedule 1) and other (future) Schedules, if present. In the event of conflict, the order of precedence is: (i) these Platform Terms; (ii) the NLDigital Terms 2025; and (iii) other (future) Schedules, if present.
1.8 Fluxzero may update these Terms from time to time. Changes will be announced at least thirty (30) days before their effective date by e-mail to Customer’s registered contact address and/or by notice within the Platform. If Customer does not agree to a material change, Customer may terminate the Agreement before the effective date of the change. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
1.9 The Agreement is concluded electronically. By creating an account, activating a checkbox or acceptance button, or otherwise using the Platform, the duly authorised representative of Customer accepts these Terms on behalf of Customer.
1.10 Fluxzero will make the current version of these Platform Terms available via the Platform or its website.
Article 2 - Services
Section titled “Article 2 - Services”2.1 Subject to the Agreement and payment of Fees, Fluxzero provides Customer with access to the Platform as further described in the then-current service descriptions and price information published on Fluxzero’s website, enabling Customer to:
- develop Application Code using the SDK, locally or with AI coding tools;
- deploy Applications on the ZeroOps Cloud via push-to-deploy;
- run Applications on the Runtime, with built-in execution, persistence, scheduling, and observability;
- benefit from built-in security enforcement, including authentication, access control, retries, and crash recovery;
- access observability tooling (logs, metrics, traces); and
- use the SDK locally free of charge; Fees apply only to ZeroOps Cloud deployment.
2.2 The Platform additionally provides an open source SDK, deployment tooling (GitHub Action, API), and microservices support.
2.3 Customer may create multiple user accounts. No maximum applies unless otherwise agreed.
2.4 Fluxzero provides support during regular business hours via email and/or chat.
2.5 Self-Hosted Deployment is not part of the standard Services. If offered in the future, separate terms will apply. Fluxzero’s availability, performance, and data protection obligations apply only to the ZeroOps Cloud.
2.6 The SDK is open source. The Runtime is proprietary; Customer has no rights to the Runtime beyond the license in Article 5.
2.7 Customer’s Application Code is portable and does not depend on proprietary Fluxzero annotations. On termination, Customer retains all rights to its Application Code. Data export is subject to Article 4.
Article 3 - Fees and payment
Section titled “Article 3 - Fees and payment”3.1 Fees are the amounts applicable to the services offered by Fluxzero on the Platform, as described in the then-current service descriptions and price information published on Fluxzero’s website for the relevant Services, and may consist of:
- a monthly Subscription Fee for Platform access (invoiced in advance);
- Usage Fees based on consumption (invoiced monthly in arrears);
- professional services fees as separately agreed.
3.2 After the initial term, Fluxzero may increase Fees once per contract year by a maximum of 5%, with at least thirty (30) days’ notice.
3.3 Disputed invoices must be raised in writing within fourteen (14) days. Undisputed amounts remain due.
Article 4 - Term and exit
Section titled “Article 4 - Term and exit”4.1 The Agreement starts on the Effective Date and continues for an indefinite term, for as long as Customer maintains an account or uses the Platform. Customer may terminate the Agreement at any time by closing its account and ceasing all use of the Platform, without prejudice to Customer’s obligation to pay any Fees already due.
4.2 Fluxzero may suspend access immediately if: (i) Customer breaches Article 7; (ii) there is a reasonable suspicion of fraud, misuse, or a security incident; or (iii) Customer fails to pay undisputed Fees within fifteen (15) days of a reminder. Fluxzero will notify Customer promptly and lift suspension once the cause is remedied.
4.3 On termination or expiry:
- Customer’s access ceases immediately;
- Customer retains all rights to its Application Code;
- Fluxzero makes Customer’s data available for export in machine-readable format for at least thirty (30) days (“Retrieval Period”), subject to the switching charge limitations in Article 29 of the Data Act;
- after the Retrieval Period, Fluxzero deletes Customer data unless legally required to retain it;
- each Party returns or destroys the other’s confidential information, subject to legal retention obligations.
4.4 Articles 5, 6, 8, 9, 10, 11, and 12 survive termination.
4.5 If Fluxzero terminates the Agreement due to Customer’s attributable material breach, Fluxzero may retain all Fees already invoiced and due. If Customer terminates or switches under the Data Act, Customer only owes Fees accrued up to the termination date and any switching charges permitted under the Data Act.
Article 5 - Intellectual property
Section titled “Article 5 - Intellectual property”5.1 The SDK and other public packages available through https://packages.fluxzero.io are distributed under their applicable software licenses. Accessing or using them under those licenses does not by itself create a paid Platform subscription or require a Platform account or acceptance of these Terms, and these Terms do not restrict the rights granted by those licenses. The Runtime is proprietary.
5.2 All IP in Customer’s Application Code and Applications remains Customer’s property. Customer grants Fluxzero a limited license to execute, host, and process Application Code solely to provide the Services.
5.3 The IP indemnification under the NLDigital Terms 2025 does not apply to claims arising from: (a) the open source SDK; (b) modifications by Customer; (c) Customer’s combination of the Platform with third-party materials; or (d) Customer’s failure to implement updates provided by Fluxzero.
Article 6 - Liability
Section titled “Article 6 - Liability”6.1 Fluxzero’s total liability for direct damages shall not exceed the Fees paid by Customer in the twelve (12) months preceding the event giving rise to liability.
6.2 In addition to the exclusions in the NLDigital Terms 2025, Fluxzero is not liable for damage resulting from: (i) Customer’s Application Code, Applications, or configurations; (ii) Customer’s use of AI coding tools or AI-generated code; (iii) Self-Hosted Deployments; (iv) failure to follow Documentation or security instructions; (v) third-party services or infrastructure used by Customer; or (vi) acts or omissions of Fluxzero’s infrastructure providers.
6.3 Claims lapse twelve (12) months after Customer became or should have become aware of the damage, unless legal proceedings have been commenced.
6.4 The limitations in this Article also apply for the benefit of persons and entities engaged by Fluxzero.
Article 7 - Acceptable use
Section titled “Article 7 - Acceptable use”7.1 Customer shall use the Platform lawfully and in accordance with the Agreement. Customer shall in any case not:
- use the Platform unlawfully or in violation of any law;
- circumvent or interfere with any security feature;
- deploy malicious software or harmful code;
- scrape, extract data from, or reverse engineer proprietary components;
- disrupt, overload, or impair the Platform or other customers’ use;
- deploy Applications involving fraud, illegal surveillance, or unlawful data processing;
- use proprietary Platform components for AI training without prior written consent;
- resell, sublicense, or make the Platform available to third parties without prior written consent.
7.2 Customer represents it is not subject to trade sanctions, is not on any restricted party list, and complies with applicable export control laws.
7.3 Fluxzero may monitor Platform use for compliance with this Article and will handle information obtained in accordance with its Privacy Notice.
7.4 If Fluxzero receives a credible notification that Customer content is unlawful or infringing, Fluxzero may remove, disable, or block access without prior notice and will inform Customer where permitted by law. Customer may submit a counter-notice.
Article 8 - Warranties, disclaimers, and AI
Section titled “Article 8 - Warranties, disclaimers, and AI”8.1 The Platform is provided ‘as is’ and ‘as available’. Fluxzero disclaims all implied warranties to the extent permitted by law.
8.2 Fluxzero does not guarantee the effectiveness or accuracy of AI-generated code. Customer is solely responsible for reviewing, testing, and validating all code before deployment.
8.3 If availability or service level arrangements have been made, availability is measured excluding scheduled maintenance and circumstances beyond Fluxzero’s control. Fluxzero’s measurements are conclusive unless Customer proves otherwise.
8.4 Fluxzero will make reasonable efforts to repair material errors within a reasonable timeframe after written notification. Fluxzero may install temporary workarounds and is not obliged to repair minor imperfections.
8.5 Customer shall not deploy on the Platform any AI system that constitutes a prohibited AI practice within the meaning of Article 5 of Regulation (EU) 2024/1689 (AI Act). Customer is solely responsible for determining whether its Applications constitute or incorporate high-risk AI systems within the meaning of the AI Act and for complying with all obligations applicable to providers or deployers of such systems, including requirements regarding risk management, data governance, transparency, human oversight, and conformity assessment. Fluxzero does not assess whether Customer’s Applications comply with the AI Act and accepts no liability for Customer’s failure to comply.
Article 9 - Customer’s duty to warn and indemnification
Section titled “Article 9 - Customer’s duty to warn and indemnification”9.1 Customer shall promptly notify Fluxzero in writing of any circumstance that Customer knows or reasonably should know may pose a risk to the Platform, to Fluxzero, or to third parties, including but not limited to: security vulnerabilities, suspected data breaches, potential legal claims, unlawful content, regulatory investigations, and risks arising from Customer’s use of AI coding tools or AI-generated code.
9.2 Customer shall indemnify and hold harmless Fluxzero, its affiliates, officers, directors, and employees against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Customer’s breach of the Agreement;
- Customer’s violation of applicable law, including the AI Act;
- third-party claims arising from Customer’s Application Code, Applications, or data;
- Customer’s use of AI coding tools or AI-generated code;
- any Self-Hosted Deployment; or
- Customer’s gross negligence or wilful misconduct.
9.3 This indemnification does not apply to the extent a claim arises from Fluxzero’s wilful misconduct or gross negligence.
9.4 This Article survives termination.
Article 10 - Data protection
Section titled “Article 10 - Data protection”10.1 To the extent that Fluxzero (as processor) processes personal data on behalf of Customer (as controller) in connection with the Services, the provisions of Chapter 4 (Processing of Personal Data) of the NLDigital Terms 2025 (Articles 28.1-32.3, Schedule 1) apply and constitute a data processing agreement in accordance with Article 28(3) GDPR (“DPA”). All terms used in the DPA shall have the meaning ascribed to it in the GDPR. The Parties may, by mutual written agreement, enter into a separate data processing agreement, which shall then be attached as a separate Schedule to the Agreement.
10.2 For the provision of the Services under the Agreement, Customer instructs Fluxzero to process personal data on its behalf as follows:
10.3 Categories of data subjects and personal data. Personal data relating to end users of the Application deployed by Customer through the Platform, as part of the Services. The categories of personal data may include, without limitation, email addresses, usernames, authentication credentials (in encrypted form), and any other personal data submitted by end-users or generated through the use of the Application.
10.4 Purpose of processing. The processing of personal data is carried out for the purpose of providing the Services to Customer, in particular to enable the deployment, hosting, operation, and management of Customer’s Application on the Platform, including the execution, routing, storage, scheduling, and delivery of Application data and functionality as required for the proper functioning of the Application.
10.5 Nature of the processing. The processing involves the deployment, hosting, operation, and maintenance of Customer’s Application on the Platform and includes the storage, organization, transmission, and deletion of personal data as necessary to provide the Services, including the operation of the Runtime and the ZeroOps Cloud infrastructure.
10.6 Duration of the processing. Fluxzero shall process personal data for the duration of the Agreement and as long as necessary to comply with Article 4 of the Agreement.
10.7 For the avoidance of doubt, Fluxzero acts as a processor solely with respect to the processing activities described in Article 10.2. Other processing activities are carried out by Fluxzero as an independent data controller within the meaning of the GDPR and do not fall within the scope of this DPA. Such controller processing activities include the processing of personal data of (end) users of Customer in connection with the use of the Platform and/or the Application for the purposes of improving the Services.
10.8 Sub-processors
At the time of conclusion of the Agreement, Fluxzero engages the following sub-processors to process personal data under this DPA on its behalf. The listed sub-processors apply only where the relevant service is used to process personal data in connection with the Services:
| Sub-processor | Purpose | Location of processing |
|---|---|---|
| Exoscale | Cloud infrastructure hosting, compute, storage and related infrastructure services for the Platform and Cloud Deployments | EU/EEA and/or Switzerland, depending on the selected region |
| Amazon Web Services (AWS) | Cloud infrastructure, hosting, compute, storage, backups, monitoring or related infrastructure services, where used for the Platform or Services | EU/EEA and/or other regions, depending on the selected region and applicable transfer safeguards |
| Google Cloud | Cloud infrastructure, hosting, compute, storage, backups, monitoring or related infrastructure services, where used for the Platform or Services | EU/EEA and/or other regions, depending on the selected region and applicable transfer safeguards |
10.9 Fluxzero shall ensure that these sub-processors are contractually bound to obligations which offer at least the same level of protection for personal data as those to which Fluxzero is bound under this DPA. If Fluxzero intends to modify the overview detailed in Article 10.8, it shall notify the Customer at least 14 calendar days in advance. The Customer may object to such a modification, provided that the objection is not based on unreasonable grounds. If the Customer makes such an objection, the Parties shall negotiate in good faith to find a reasonable alternative for the relevant processing. Failing the Customer’s objection within 14 calendar days, it will be deemed to consent to the engagement of the relevant sub-processor. Any additional costs incurred in the agreed alternative will be payable by the Customer.
10.10 Customer, as data controller, is solely responsible for: (i) ensuring that its use and processing of personal data is lawful and complies with applicable data protection law, including the GDPR; (ii) establishing and maintaining appropriate legal bases for any processing; and (iii) ensuring that appropriate transparency obligations are met towards any data subjects whose personal data is processed through the Platform.
10.11 For Self-Hosted Deployments, Fluxzero does not process Customer’s application data, and accordingly the data processing provisions of the NLDigital Terms 2025 do not apply with respect to such application data. Customer is solely responsible for all data protection obligations in respect of Self-Hosted Deployments.
10.12 Fluxzero shall only transfer personal data outside the European Economic Area in accordance with Chapter 5 of the GDPR and on the documented instruction of the Customer.
Article 11 - Security
Section titled “Article 11 - Security”11.1 Fluxzero maintains technical and organizational security measures appropriate to the nature of the Platform and the data processed, as described in the then-current security measures published on Fluxzero’s website for the relevant Services. Customer acknowledges that it has reviewed these measures and considers them appropriate and adequate for its intended use of the Platform.
11.2 Fluxzero may adjust its security measures at any time to respond to new threats, technological developments, or changes in law. Fluxzero will inform Customer of material changes that directly affect Customer’s use of the Platform.
11.3 Customer is responsible for the security of its own systems, user accounts, credentials, and Application Code deployed on the Platform.
Article 12 - Confidentiality
Section titled “Article 12 - Confidentiality”In addition to Article 5 of the NLDigital Terms 2025:
12.1 “Confidential Information” includes business plans, pricing, technical information.
12.2 The Platform, including the Runtime, APIs, Documentation, and algorithms, constitutes Fluxzero’s trade secrets.
12.3 Confidentiality obligations survive for five (5) years after termination, and indefinitely for trade secrets.
Article 13 - Governing law and disputes
Section titled “Article 13 - Governing law and disputes”13.1 The Agreement is governed by the laws of the Netherlands.
13.2 The Parties shall first attempt to resolve disputes through good-faith negotiation.
13.3 Disputes that cannot be resolved through negotiation shall be submitted to the courts of Rotterdam, without prejudice to the right of appeal. Either Party may seek interim relief at any time.
Article 14 - General
Section titled “Article 14 - General”14.1 The Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements.
14.2 Any deviations from or additions to the Agreement are only valid if agreed in writing in a document signed by both Parties. This is without prejudice to Fluxzero’s right to unilaterally amend these Terms in accordance with Article 1.8.
14.3 Fluxzero may assign the Agreement to an affiliate or in connection with a merger or acquisition, upon written notice.
14.4 Notices under the Agreement must be in writing and may be sent by e-mail to the contact addresses designated by the receiving Party or via notifications within the Platform. Fluxzero may also publish important legal notices on its website or in the account dashboard. Physical delivery by courier or registered mail is only required where mandatory law so demands.
14.5 A failure to exercise a right does not constitute a waiver.
14.6 The Parties are independent contractors.
14.7 Fluxzero may use Customer’s name and logo as a reference customer, unless Customer objects in writing within thirty (30) days of the Effective Date.
Schedule 1 - NLDigital Terms 2025
Section titled “Schedule 1 - NLDigital Terms 2025”The NLDigital Terms 2025 form Schedule 1 to these Platform Terms and are part of the Agreement. The complete English text is available below.
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