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This Statement was last updated on August 27, 2025.
We may collect personal information to help you place and receive information and to improve the Flux Power service. This Privacy Statement explains how Flux Power and its affiliates ("Flux Power,” "SkyBMS,” “SkyEMS,” "we,” “us,” or “our”) handles your personal information when you visit or use our websites (the “Site”), the mobile applications, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).
Please review this Privacy Statement carefully. By using our Services, you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Services, or otherwise provide us with your personal information.
Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement.
Collection of Information
When you use our Services we may collect or receive information about you.
Information You Provide Directly
You may provide information to us when you use our Services, including when and where you register with Flux Power, search within or place requests through our App and its Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include your name, email address, phone number, and other information that may identify or locate you. When you use our Services we collect information related to that request, including the quality of the service. We may also choose to collect and provide ratings for your experience.
Information We Collect Automatically
We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:
Use of Cookies
We use cookies, web beacons, pixels, and similar technologies (“Cookies”) to collect information and personalize your experience with our Services. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use Cookies to collect information about your activities over time and across third party websites in order to deliver content tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtmor www.usa.gov/optout_instructions.shtml
Use of Information
We may use the information we collect or receive about you to:
We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions, or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.
Location Information
When you use the Services, we may collect precise location data from the app. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the app is running in the foreground or background of your device while we are processing your request. We may also derive your approximate location from your IP address. We use your location information to provide more accurate information to you. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the mobile app. If you choose to disable the location feature, the app will not receive precise location information from your device, which may compromise the accuracy of service it provides in some situations, for instance, if you are located in a large area, such as a park.
Sharing with Third Parties
To help us run our business, we may share your information, including your contact information, other information you provide directly, and information collected automatically, with entities that provide services to us, including third parties that provide payment processing, web analytics, data processing, IT services, customer support and other services. To help provide you with a high-quality service we also may share your information, including your personal information, with the independent contractors, who complete your requested features. Similarly, we may share your name, phone number, request information, customer feedback and other information related to your service with our Service Providers. We may also disclose aggregate, anonymous information to these third-party service providers.
When Required By Law
We recognize that information related to your requests could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We will use good faith efforts to determine whether it is appropriate to respond to law enforcement requests, but reserve all rights to disclose information in response to law enforcement requests to the extent we believe it is necessary or appropriate.
Corporate Transactions
In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.
Accessing and Correcting Your Personal Information
Keeping your personal information current helps ensure that we provide you with the most relevant offers and high-level service. In the future, you can access and update your personal information via your account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
Data Retention
We will retain your personal information for as long as your account is active or as needed to provide you with your services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We may retain aggregate or anonymized data indefinitely.
Third Party Sites
Some of the functionality on our Services may be provided by third parties that are not affiliated with us. These entities may collect or receive certain information about your use of our Services and your activities over time and across different websites, including through the use of cookies, web beacons, and similar technologies. We are not responsible for the privacy practices of these entities. In addition, our Services may contain links to other websites not operated or controlled by us. Such websites are not under our control, and we are not responsible for their privacy policies or practices. If you provide any personal information through any such third-party website we recommend that you familiarize yourself with the privacy policies and practices of that third party.
Your Choices
If you are a registered user, in the future, you may delete your personal information by logging into our App with using your username and password and using the “Close Account” feature in the menu. You may also contact us at fluxpower.com to access, modify, or request deletion of your personal information or delete your account. You may disable our ability to use cookies by using the cookie controls in your web browser (see “Use of Cookies” section above).
If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us via the email address provided in this document. Please allow 30 working days for a response.
California Do Not Track Disclosure
We do not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.
International Users
We are based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Security
We have implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, we do not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to us.
You are responsible for safeguarding your username and password.
Changes to This Privacy Statement
Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Statement at any time and from time to time without prior notice. Please review this Privacy Statement periodically by visiting this webpage. This Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Statement indicates your agreement to the terms of the revised Privacy Statement.
Terms of Service
These Terms of Service (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the “Services,” as more fully defined below) made available in the United States and its territories and possessions by Flux Power. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.1 Access to the Service. During the Term and subject to compliance with the terms of this Agreement, we shall provide you with non-exclusive access to the Services and grants you the right to access and use the Services. First day of Services is the date you accept the terms of this Agreement.
1.2 Compliance. You agree to maintain the confidentiality of your log-in credentials and to comply with the terms of this Agreement.
2.1 Subscription Fee. Currently some of our websites are offered free of charge to the end users. In future, we may change this to provide additional services and inform you of a subscription fee. After such information is provided and enforced, on your first day of service or your first use of websites, whichever is earliest, you agree to pay an agreed duration subscription fee, as applicable, payable on the billing terms.
3.2 License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by us and our licensors.
3.3 Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.4 Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We do not endorse such third-party services and content and in no event shall we be responsible for or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, or Microsoft Windowspowered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
3.5 Ownership. The Services and all rights therein are and shall remain our property or the property of our licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner our company names, logos, product and service names, trademarks or services marks or those of our licensors.
4.1 User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to us certain personal information, such as your name, email, mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by us in writing, you may only possess one Account.
4.2 User Requirements and Conduct. The Services are not available for use by persons under the age of 18. You represent and warrant to us that you are 18 years old or older. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other methods of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
4.3 Text Messaging and Telephone Calls. You agree that we may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an account, including for marketing purposes.
4.6 Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5.1 Nondisclosure. Each party (each a “Receiving Party”) agrees that it shall use and reproduce the Confidential Information of the other party (the “Disclosing Party”) only for purposes of exercising its rights and performing its obligations under this Agreement and only to the extent necessary for such purposes and shall restrict disclosure of such Confidential Information to the Receiving Party’s employees, consultants, or advisors who have a need to know and who are bound by obligations of confidentiality and nonuse at least as protective of such information as this Agreement and shall not disclose such Confidential Information to any third party without the prior written approval of the Disclosing Party. The foregoing obligations shall be satisfied by the Receiving Party through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance, but not less than reasonable care. Notwithstanding the foregoing, it shall not be a breach of this Agreement for the Receiving Party to disclose Confidential Information if compelled to do so under law, in a judicial or other governmental investigation or proceeding, provided that, to the extent permitted by law, the Receiving Party has given the Disclosing Party prior notice and reasonable assistance to permit the Disclosing Party a reasonable opportunity to object to and/or limit the judicial or governmental requirement to disclosure. “Confidential Information” means all information of a party disclosed to the other party, regardless of the form of disclosure, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including without limitation and without the need to designate as confidential, the terms and conditions of this Agreement.
5.1 Exceptions. Notwithstanding anything to the contrary herein, neither party shall be liable for using or disclosing information that such party can prove: (i) was publicly known at the time it was disclosed or has become publicly known through no fault of the Receiving Party; (ii) was known to the Receiving Party, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (iii) is disclosed with the prior written approval of the Disclosing Party; (iv) was independently developed by the Receiving Party without any use of the Confidential Information, as demonstrated by files created at the time of such independent development; (v) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement by the Receiving Party and otherwise not in violation of the Disclosing Party’s rights; or (vi) is disclosed generally to third parties by the Disclosing Party without restrictions similar to those contained in this Agreement.
6.1 Warranties. We shall retain all intellectual property rights in the Services, including any and all derivatives, changes, and improvements thereof, and you agree that you obtain no intellectual property rights or licenses by this Agreement except those expressly granted herein. You hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free license to any ideas, suggestions, feedback, or service improvements given by you pertaining to the Services. You shall (i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Services; (ii) not represent that you possess any proprietary interest in the Services; (iii) not directly or indirectly, take any action to contest our intellectual property rights or infringe them in any way; and (iv) except as specifically permitted hereunder, not use the name, trademarks, trade-names, and logos.
6.1.1 Each party represents and warrants that (a) this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with the terms of this Agreement, and (b) its execution and delivery of this Agreement and its performance hereunder will not violate any applicable law, rule or regulation.
7.1 Customer’s Indemnities. You agree to defend, indemnify and hold harmless us and our officers, directors, consultants, employees, successors and permitted assigns, from and against any third party claim, suit or proceeding and all resulting damages, costs, losses, awards and reasonable attorneys’ fees (collectively, a “Claim”), arising out of or relating to (a) your breach of your warranties under Section 6.1 of this Agreement; (b) or your use of the Services in any manner that violates this Agreement or applicable laws, rules or.
7.2 Our Indemnities. We shall defend and indemnify you and hold you harmless from and against any Claim arising out of or relating to an allegation that the Service infringes any intellectual property right of a third party.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS.
IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8.1 LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON OUR CHOICE OF LAW PROVISION SET FORTH BELOW.
8.2 Indemnity. You agree to indemnify and hold us and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Third Party Providers.
9.1 Amendments. These terms may be amended by us from time to time in its sole discretion. If you do not object within such period, the amended terms will be effective upon the end thereof. If you do object, your Subscription will be cancelled effective upon the first date of the following month.
9.2 Governing law. This Agreement is governed by the laws of the State of California, without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought exclusively before the state and federal courts in Orange County, California, and each party irrevocably submits to the jurisdiction of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.3 Class Action Waiver. You agree that all claims brought against us must be brought in such your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding, except to the extent such restriction is prohibited by applicable law.
9.4 Assignment. Neither party may transfer or assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party, except that we may assign its rights and obligations to an affiliated company or to a successor in connection with a merger, acquisition, reorganization or sale of substantially all of its assets or voting securities. Any purported assignment contrary to this section shall be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
9.5 Relationship of Parties. We are an independent contractor and neither party will have the right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. This Agreement will not be construed to create or imply any partnership, agency, joint venture, or formal business entity of any kind.
9.6 Severability. If any provision of this Agreement is held invalid or unenforceable, it shall be replaced with the valid provision that most closely reflects the intent of the parties, and the remaining provisions of the Agreement will remain in full force and effect.
9.7 Force Majeure. Except for payment obligations under this Agreement, neither party hereto shall be liable for any loss, damage, or penalty resulting from such party’s failure to perform its obligations hereunder when such failure is due to events beyond its reasonable control, such as, without limitation, flood, earthquake, fire, acts of God, military insurrection, civil riot, or labor strikes.
Contact Us
If you have any questions or concerns relating to this Privacy Statement or Terms of Service, please stop using the Website, App, and our Services and contact us at fluxpower.com
Flux Power, the Flux Power logo, Flux, Lift, and SkyBMS are either registered trademarks or trademarks of Flux Power in the United States and/or other countries. All other trademarks are the property of their respective owners.
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