Fluid Interactive, Inc.
2443 Fillmore St #380-9905
San Francisco, CA 94115
United States
https://www.fluidinteractive.com/contact/

Version: 1.0
Effective: 4 May 2026

These Terms of Service (“Terms”, “ToS”) govern your use of the Arguto product website at https://www.fluidinteractive.com/products/wp-plugins/arguto/ (the “Site”), the Arguto WordPress plugin (the “Plugin”), and the hosted Arguto chat service (the “Service”), all operated by Fluid Interactive, Inc. (“Fluid Interactive”, “we”, “us”). By accessing the Site, signing up for an Arguto account, purchasing a subscription, or using the Plugin or Service, you agree to be bound by these Terms. If you do not agree, do not use the Site, the Plugin, or the Service.

These Terms work together with two companion documents that apply to specific stages of your relationship with us:

– The Arguto End-User Licence Agreement (“EULA”), which is the binding contract for installing and using the Plugin and the Service. Available at https://www.fluidinteractive.com/products/wp-plugins/arguto/eula/

– Our Privacy Policy at https://www.fluidinteractive.com/privacy-policy/ , which describes how we collect and process personal data.

In the event of any conflict between these Terms and the EULA on the subject of installing or using the Plugin or Service, the EULA controls. These Terms otherwise govern.


1. WHAT YOU MAY DO

1.1 You may visit the Site, read the public product pages, download the Plugin distribution, watch demo videos, complete the contact form, and read the documentation.

1.2 You may create an Arguto account through our payment partner Paddle to subscribe to the Service. You are responsible for keeping your account credentials, subscription ID, and any HMAC secrets confidential, and for all activity on your account.

1.3 You may install the Plugin on a WordPress site you own or control, subject to the EULA. The Plugin’s PHP code is licensed under GPL v2 or later; see the EULA for the relationship between that licence and the proprietary Service.


2. WHAT YOU MAY NOT DO

You may not, and may not permit any third party to:

2.1 Use the Site, Plugin, or Service for any unlawful purpose, to harass, defraud, or harm anyone, or to violate any third- party right.

2.2 Send spam, scrape the Site, attempt to extract account or billing data belonging to other Subscribers, probe the Site or Service for vulnerabilities outside a coordinated disclosure process (write to https://www.fluidinteractive.com/contact/ first), or circumvent rate limits or token quotas.

2.3 Deploy an Arguto agent that impersonates a human being without disclosing to your visitors that they are interacting with an automated AI system.

2.4 Use the Service for medical, legal, financial, or other professional advice on which visitors might rely without independent verification, or in any life-critical or safety- critical context.

2.5 Resell or sublicense access to the Service, or operate the Service on behalf of clients on a per-site basis, without a written agreement with us.

The EULA contains a fuller acceptable-use section that applies once you have installed the Plugin.


3. ACCOUNT, SUBSCRIPTION, AND PAYMENT

3.1 Accounts and subscriptions are provisioned through Paddle, our payment processor and merchant of record. By subscribing, you agree to Paddle’s buyer terms in addition to these Terms.

3.2 Subscription fees are billed in advance on a recurring basis (monthly or annual, depending on the plan you choose). Your subscription renews automatically until you cancel.

3.3 You may cancel at any time from your Paddle account. The Service continues until the end of the current paid period; after that, the chat widget on your site shows an “unavailable” notice until you re-subscribe.

3.4 Refunds are handled by Paddle in line with their refund policy. Token quotas already consumed are not refundable.

3.5 We may change pricing, plan structure, or token quotas with at least 30 days’ notice by email to the address on your account. Changes do not affect any subscription period already paid for.


4. INTELLECTUAL PROPERTY

4.1 The Site, including its design, copy, images, video, and the “Arguto” and “Fluid Interactive” names and logos, is owned by Fluid Interactive or its licensors. Nothing in these Terms transfers any of those rights to you.

4.2 The Plugin’s source code is licensed under GPL v2 or later, and you may exercise the rights that licence grants — in particular the right to modify and redistribute the Plugin’s source. The Service’s backend code is proprietary and not covered by GPL.

4.3 You retain all rights in the content you create using the Plugin (system prompts, knowledge sets, agent configuration, chat content). We claim no ownership of that material. You grant us a limited licence to process it solely as needed to operate the Service for you, as further described in the EULA and Privacy Policy.

4.4 Outputs generated by the Service in response to your or your visitors’ inputs are not unique to you and may be similar or identical to outputs generated for other Subscribers from similar inputs. The EULA disclaims warranties regarding output accuracy, originality, and fitness for purpose.


5. THIRD-PARTY SERVICES AND LINKS

5.1 The Service relies on third-party large-language-model (“LLM”) providers (currently OpenAI) and third-party hosting providers. Their availability and behaviour are outside our control. The Privacy Policy describes the data flow and our sub-processor list.

5.2 The Site and the Plugin may link to third-party sites and services. We do not control those sites and are not responsible for their content, terms, or privacy practices.

5.3 The Plugin’s “Custom Tools” feature lets you wire up your own HTTP endpoints to your agents. Code you wire up runs on infrastructure you control; we have no responsibility for its behaviour, security, or output. See the EULA, §3.5.


6. DISCLAIMERS

THE SITE, THE PLUGIN, AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SITE, PLUGIN, OR SERVICE WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE; THAT OUTPUTS WILL BE ACCURATE OR FIT FOR ANY PURPOSE; OR THAT DEFECTS WILL BE CORRECTED.

The EULA, §6 (AI Output Disclaimer), explains the AI-specific risks of using the Service in more detail.


7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLUID INTERACTIVE OR ITS SUPPLIERS, LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE PLUGIN, OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE PLUGIN, OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) US $100, OR (B) THE TOTAL FEES PAID BY YOU TO FLUID INTERACTIVE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This Section 7 mirrors the cap in the EULA, §8. Some jurisdictions do not allow the exclusion or limitation of certain damages; to the extent prohibited, this Section applies only to the maximum extent permitted by law.


8. INDEMNIFICATION

You will indemnify, defend, and hold harmless Fluid Interactive and its officers, employees, and agents from and against any third-party claim, demand, or proceeding arising out of or relating to your breach of these Terms, your misuse of the Site, the Plugin, or the Service, or any visitor or end-user claim arising from your use of the Plugin (including any claim arising from your failure to disclose AI use to your visitors). The EULA, §9, contains the more detailed indemnification regime that applies to your use of the Plugin and Service.


9. SUSPENSION AND TERMINATION

9.1 We may suspend or terminate your account or your access to the Site, the Plugin, or the Service — without notice or liability — if you breach these Terms or the EULA, if your payment fails, or if we are required to do so by law.

9.2 You may stop using the Site at any time and may cancel your subscription as described in Section 3.

9.3 Sections that by their nature should survive termination — including Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 10 (Governing Law and Disputes), and 11 (Changes) — survive.


10. GOVERNING LAW AND DISPUTES

10.1 These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

10.2 Before initiating arbitration, the party with a claim must send a written notice describing the claim to the other party at the address (or email) on file. The parties will attempt to resolve the dispute informally for thirty (30) days before proceeding to arbitration.

10.3 Any dispute that is not resolved informally — other than a small-claims action permitted by Section 10.4 — will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will take place in San Francisco, California, or by video conference at the arbitrator’s discretion.

10.4 Either party may bring an individual action in small claims court for any dispute within that court’s jurisdiction (currently up to US $10,000 in California), in lieu of arbitration.

10.5 You and Fluid Interactive each agree to bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding.


11. CHANGES

We may revise these Terms from time to time. The revised version takes effect on its stated effective date. We will notify you of material changes by email to the address on your account at least 30 days before the effective date. Your continued use of the Site, Plugin, or Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to a revision, your remedy is to stop using the Site and cancel any active subscription before the revision takes effect.


12. GENERAL

12.1 Entire agreement. These Terms, together with the EULA and the Privacy Policy, constitute the entire agreement between the parties on the subject matter and supersede all prior agreements.

12.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

12.3 No waiver. A failure to enforce any right under these Terms is not a waiver of that right.

12.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

12.5 Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, government action, war, terrorism, civil unrest, labour disputes, internet outages, third-party-provider failures, or epidemics.

12.6 Notices. Notices to Fluid Interactive must be sent in writing via https://www.fluidinteractive.com/contact/ or to the postal address at the top of this document. Notices to you will be sent to the email on your account.

12.7 Relationship. The parties are independent contractors. No agency, partnership, joint venture, or employment is created by these Terms.


13. CONTACT

If you have any questions about these Terms, write to us via https://www.fluidinteractive.com/contact/ or to the postal address at the top of this document.