Terms Of Use

Last updated at: 30-12-2025

1

PLEASE READ THESE TERMS OF USE CAREFULLY. They contain important information about your rights and obligations when using the FLUX platform. These Terms include provisions that limit our liability and require certain dispute resolution processes. By accessing or using the FLUX Services, you agree to comply with and be bound by these Terms.

2

Introduction

2.1

About FLUX: FLUX Sdn. Bhd. (“FLUX”, “we”, or “us”) operates an online vehicle subscription platform that connects vehicle owners (“Hosts”) with individuals or businesses seeking to subscribe to those vehicles (“Subscribers”). The FLUX website (driveflux.com), mobile applications, and related services are collectively referred to as the “FLUX Platform” or “Services”. FLUX itself is not in the business of renting or selling vehicles - we act solely as a technology provider and intermediary to facilitate the vehicle subscription arrangements between Subscribers and Hosts. By using the FLUX Platform (including by communicating with us or other users), you are entering into a binding agreement with FLUX and agree to these Terms of Use (“Terms”), whether or not you become a registered user.

2.2

Relationship to Other Agreements: These Terms govern your general use of the FLUX Platform. In addition, each vehicle subscription transaction between a Subscriber and a Host will be governed by a separate Vehicle Subscription Agreement (which may be a tripartite agreement among the Subscriber, the Host, and FLUX as the facilitating platform). The Vehicle Subscription Agreement sets out specific terms for the lease of a particular vehicle (such as the subscription period, fees, and vehicle-specific conditions). In the event of any conflict between these general Terms and a Vehicle Subscription Agreement for a specific vehicle, the terms of the Vehicle Subscription Agreement will prevail for that particular transaction. However, your overall use of the FLUX Platform remains subject to these general Terms. Additional policies referenced in these Terms (such as our Privacy Policy, insurance or roadside assistance terms, community guidelines, and other policies) are incorporated by reference and form part of your agreement with FLUX (“Agreement”).

2.3

Modification of Terms: FLUX reserves the right to modify or update these Terms at any time, at our sole discretion. If we make changes, we will post the revised Terms on the FLUX Platform and update the “Last Revised” date at the top. We may also notify you via email or through the Platform. Continued access or use of the Services after the Terms have been updated constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should discontinue use of the Services and, if you are a registered user, close your FLUX account within 30 days of the updated Terms taking effect.

2.4

Governing Law: These Terms are governed by the laws of Malaysia. By using the FLUX Platform, you submit to the laws and jurisdiction of Malaysia, regardless of your country of residence or use. (As FLUX expands to other jurisdictions, additional location-specific terms or policies may be introduced, but unless otherwise specified, the core provisions of these Terms apply to all use of the FLUX Platform.)

3

Eligibility, Registration, and Verification

3.1

Eligibility Requirements

3.1.1

To use the FLUX Services as a Subscriber (vehicle user), you must:

3.1.1.1

Be at least 18 years of age (or the legal age of majority in your jurisdiction) and legally capable of entering into contracts.

3.1.1.2

Hold a valid driver’s license appropriate for the type of vehicle you wish to subscribe to. In Malaysia, this means a Competent Driving Licence (CDL) or equivalent full driving license (not a learner’s or probationary license), valid and recognised under Malaysian law. You must have any required driving experience as mandated by law (e.g. at least 2 years on a probationary license, if applicable).

3.1.1.3

Have a good driving record. FLUX may specify additional eligibility criteria (such as minimum driving experience, or no recent serious traffic violations) and may decline or impose conditions on users who do not meet these criteria.

3.1.2

To use the FLUX Services as a Host (vehicle owner), you must:

3.1.2.1

Be at least 18 years of age (or the legal age of majority for contract signing) and legally capable of entering into contracts. If you are registering as a business entity, the individual completing registration must have authority to bind the entity.

3.1.2.2

Own or have the legal right to subscribe out the vehicle you intend to list, and ensure the vehicle meets our standards (see Specific Terms for Hosts below).

3.1.2.3

Comply with all legal requirements for offering your vehicle for subscription (including holding valid road tax and insurance, discussed further below).

3.1.3

FLUX’s Services are currently available for vehicle subscriptions within Malaysia. Hosts and Subscribers must meet any additional eligibility requirements applicable in Malaysia. We may gradually expand to other jurisdictions; when we do, we will update these Terms or provide country-specific addenda to include any different or additional eligibility rules for those locations.

3.1.4

Prohibited Users: You may not use the Services if: (a) you are under the required age or do not meet the above eligibility conditions; (b) you have been suspended or removed from the FLUX Platform before; or (c) use of the Services by you is prohibited by laws of your country (for example, due to sanctions or embargoes).

3.2

Account Registration

3.2.1

To access certain FLUX Services (such as booking a vehicle or listing a vehicle), you must create a FLUX account (“Account”). When registering, you agree to provide accurate, current, and complete information about yourself (or your company, if registering as a Host entity), including your name, contact information, valid email, mobile number, and any other information prompted by the signup process. You also agree to keep your Account information up-to-date at all times (for example, if your contact number or address changes, or if your driver’s license expires and you obtain a new one, you must update this information in your FLUX Account).

3.2.2

Each individual or entity is generally allowed to register only one Account unless expressly permitted by FLUX. You are responsible for safeguarding your Account credentials and not sharing your login details with any unauthorised person. You are liable for all activities conducted through your FLUX Account. If you suspect that someone else has accessed your Account or there has been any unauthorised use, you must notify FLUX immediately. While FLUX may assist in securing or suspending your Account, we are not responsible for any loss or damage arising from unauthorised use of your Account, to the extent you did not secure your credentials.

3.2.3

You may be able to connect to the FLUX Platform via third-party accounts (such as Google or Apple). If you do so, you authorise FLUX to access certain information from those accounts as permitted by the provider and to use it for your registration on FLUX. You represent that such information is accurate and that you have the right to grant this access.

3.3

User Verification and Checks

3.3.1

Where permitted by law, FLUX reserves the right (but not the obligation) to perform screenings or verification checks on users - both Subscribers and Hosts - to enhance trust and safety on the platform. By signing up or booking a vehicle on FLUX, you authorise us to make any inquiries necessary to verify your identity, driving history, creditworthiness, and background. This may include, without limitation:

3.3.1.1

Identity verification: We may ask for proof of identity (such as a copy of your NRIC, passport, or driver’s license) and perform identity/document verification through third-party services. We may also verify your contact information (e.g., sending a code to your mobile phone).

3.3.1.2

Driving history: We or our insurance/verification partners may check your driving record (where accessible), including any past suspensions, serious violations, or other indicators that might pose increased risk.

3.3.1.3

Credit and financial checks: For Subscribers, we may perform credit checks or require a deposit to manage payment risk. For Hosts, we may verify ownership of the vehicle and check if there are any liens or outstanding financial issues that could affect the vehicle’s availability (for example, if the car is under a financing arrangement, we might require confirmation that listing it does not violate any agreement).

3.3.1.4

Background checks: In some cases, and only where permitted by law, we may perform criminal background checks (for example, to ensure safety of the community).

3.3.2

FLUX may engage third-party service providers to conduct these verification processes, and by agreeing to these Terms you authorise FLUX to provide your information to such providers for the purpose of these checks. If you do not pass our verification processes or if you fail to provide any information we reasonably request for verification, FLUX may refuse to register your Account, cancel pending reservations, or limit your access to the Services.

3.3.3

No Endorsement: While we may verify the identities or backgrounds of users to a certain extent, FLUX does not guarantee any user’s identity, credentials, or representations. For example, a successful verification means that the user provided certain documentation or data that we checked, but it is not a guarantee of safety, trustworthiness, or suitability. You should always exercise due diligence and care when deciding to interact with another user (whether you are a Host handing over your vehicle, or a Subscriber taking possession of a vehicle).

3.4

Additional Requirements for Using Services

3.4.1

Based on the information you provide or that we collect during verification, FLUX may impose additional requirements or conditions before you can complete a subscription booking or listing. For example, Subscribers may be asked to provide a deposit (refundable, subject to deductions for any amounts owed), add a second form of payment, or purchase a certain level of insurance coverage if available. Hosts may be required to provide proof of ownership, vehicle inspection reports, or maintain certain insurance minimums. We will communicate any such requirements to you in advance when possible.

3.4.2

By registering an Account and/or using the FLUX Services, you agree to comply with all applicable laws and regulations in connection with your use of the Platform, and to only use the Services for lawful purposes.

4

Fees, Payment, and Taxes

4.1

Fees Charged to Subscribers

4.1.1

When you subscribe to a vehicle through FLUX, you agree to pay all charges specified during checkout and in your Vehicle Subscription Agreement. Key fees for Subscribers may include:

4.1.1.1

Booking Fee: a one-time, non-refundable platform fee charged by FLUX at the time you reserve a vehicle. This covers application processing, eligibility checks, and account setup for your subscription. (For example, FLUX may charge a small booking fee to reserve the vehicle prior to signing the Vehicle Subscription Agreement.).

4.1.1.2

Subscription Fee (Vehicle Price): the recurring fee for the vehicle lease itself. This is typically charged monthly (or for whatever billing period is agreed) and covers your right to use the vehicle for that period. The Subscription Fee may be bundled as an “all-inclusive” price that covers use of the vehicle plus certain services (maintenance, routine wear-and-tear replacements, roadside assistance, etc.), as described on the Platform for each vehicle. The Subscription Fee is set by the Host (vehicle owner) and may vary based on the vehicle model, subscription length, and mileage package chosen. FLUX will disclose the Subscription Fee to you before you confirm your booking.

4.1.1.3

Deposit: a refundable deposit that may be required before you begin a subscription. FLUX will indicate the required deposit amount (if any) at checkout. The deposit is held to cover any additional charges you may incur (such as damage costs, excess mileage, late fees, traffic fines, etc.). The terms for use and refund of the deposit will be as stated in your Vehicle Subscription Agreement or our policies (generally, it will be refunded at the end of the subscription minus any deductions for amounts owed).

4.1.1.4

Mileage Charges: You must select a mileage package (a monthly kilometre allowance) for your subscription. If you exceed the included kilometres in any billing period, you will be charged an Excess Mileage Fee per additional kilometre. The per-km rate and any applicable thresholds will be disclosed in your Vehicle Subscription Agreement. Unused mileage in one period may not necessarily roll over to the next (unless explicitly stated).

4.1.1.5

Optional Add-Ons: If you opt for any extra services or add-ons, the fees for those will be disclosed and added to your charges.

4.1.1.6

Penalties and Other Charges: If during your subscription you incur additional fees (such as traffic fines, towing fees, cleaning fees for smoking or excessive dirt, Accident Fees, insurance excess, late return fees, etc.), FLUX may charge those to you as well. These potential fees are outlined in these Terms and the Vehicle Subscription Agreement. For instance, if you damage the vehicle, you may be charged an Accident Fee - a fee determined by FLUX to cover damages or the loss of the Host’s No Claim Discount on insurance. If you return a car excessively dirty or with evidence of smoking, you may be charged a Decontamination or Cleaning Fee. If you use the vehicle in unauthorised ways (e.g., for ride-hailing, racing, or subletting), FLUX may impose contractual penalties (see Prohibited Activities and Subscriber Terms below).

4.1.2

FLUX will always show you a summary of the charges you’ll be paying before you start your subscription. By submitting a booking request or signing a Vehicle Subscription Agreement, you agree to pay the total fees presented.

4.1.3

Unless stated otherwise, all fees are in Malaysian Ringgit (MYR) and inclusive of any applicable sales and service tax (SST) or similar taxes. If SST or other taxes apply and are not included, they will be shown separately.

4.2

Fees and Earnings for Hosts

4.2.1

When you list a vehicle as a Host and a Subscriber enters into a subscription for your vehicle, you will earn the Vehicle Price (Monthly Host earnings for subscribing out your vehicle) as specified for that listing, minus any applicable FLUX service fees. FLUX may charge Hosts a commission or subscription management fee from the Vehicle Price in exchange for the platform services, support, and payment processing we provide. The specific fee structure for Hosts (including our Subscription Management Fees, and any other applicable Host fees) will be communicated to you in the Host onboarding materials or Vehicle Subscription Agreement.

4.2.2

FLUX will provide Hosts with a statement or breakdown of earnings and any deducted fees for each subscription. Payouts to Hosts will generally be made on a regular cycle (e.g., monthly) or as otherwise stated, and we will transfer your earnings to your designated account on file. Please ensure your payout information is accurate and updated to avoid payment delays.

4.2.3

Hosts are responsible for any taxes if applicable such as Sales & Service Tax (SST), income tax or corporate tax that result from receiving earnings through FLUX. FLUX may deduct or withhold taxes from payouts if required by law (and will provide you with required documentation in such cases). Hosts should consult their tax advisors on how to report and pay taxes on income earned via FLUX.

4.3

Payment Methods and Authorisations

4.3.1

Stored Payment Methods (Subscribers): When you add a payment method (such as a credit card, debit card, direct debit or e-wallet) to your FLUX Account, you authorise FLUX (and our payment processor) to store that payment credential and to charge it for any fees you incur. FLUX will automatically charge your primary payment method for recurring subscription fees and any other amounts you owe under the Agreement. We will normally charge subscription fees in advance (for the upcoming period) and incidental/additional fees as they arise or become due. By agreeing to these Terms, you consent to this automatic charging. For example, your monthly Subscription Fee will be charged on its due date each month without additional notice, and if you incur an excess mileage charge at month-end, FLUX may charge your card on file for that amount a few days after the month ends (after calculating the excess kilometres).

4.3.2

Make sure your provided payment method has sufficient limit/funds. If we cannot collect payment (due to an expired card, insufficient funds, or otherwise), we will notify you and may attempt to charge another card on file, if available. FLUX is not responsible for any fees (e.g., overdraft or late fees from your bank) that you may incur due to charges we make. If you wish to contest any charge, you must contact us before disputing the charge with your bank, and we will work in good faith to resolve the issue.

4.3.3

Late Payments: It’s crucial to pay on time. If any fee is not paid by the due date, FLUX may consider your account in default. We may charge a late payment interest of 1.5% per month (or the maximum rate permitted by law, if lower) on overdue amounts, accruing daily from the due date until paid. Additionally, if a payment is significantly late or repeatedly late, FLUX reserves the right to suspend or terminate your access to the vehicle (including remotely disabling the vehicle - see Repossession in Subscriber terms) and to the Platform, and/or terminate the subscription for breach.

4.3.4

Collection: FLUX and its agents have the right to use legal means to collect unpaid fees. You agree to pay any collection costs, attorneys’ fees, and other expenses incurred by FLUX in recovering overdue amounts, except to the extent prohibited by law. We may, at our discretion, report payment delinquencies to credit bureaus or take legal action to recover amounts owed.

4.3.5

Chargebacks and Disputes: If you initiate a chargeback or dispute a payment with your bank or card issuer, contrary to the payment terms of the Agreement, FLUX reserves the right to suspend your account and pursue the owed amount. We consider chargebacks initiated without merit or legitimate reason as a violation of these Terms.

4.3.6

If you initiate a chargeback or fraudulent transaction claim with their bank without first notifying FLUX, and there is verifiable proof of delivery (including, but not limited to, the Subscriber’s signature on the Vehicle Subscription Agreement and a photograph evidencing their physical receipt of the vehicle), the following will apply:

4.3.6.1

FLUX reserves the right to submit the contract and photo evidence to the bank as formal proof of vehicle usage and delivery.

4.3.6.2

In the event that the bank is still pursuing the claim despite evidence provided, FLUX reserves the right to lodge a police report against the Subscriber.

4.3.6.3

The Subscriber agrees to assume full legal and financial liability, and consents to legal proceedings initiated by FLUX. The Subscriber acknowledges that, in such instances, their liability may extend up to the total market value of the vehicle at the time of the incident.

4.3.7

This clause is designed to protect against misuse of financial systems and ensure accountability in line with Malaysian law.

4.4

Taxes

4.4.1

For Subscribers: Subscription fees may include Malaysian Sales & Service Tax (SST) where applicable. Any SST or similar indirect taxes applicable to the services you purchase will either be included in the price or shown to you before you pay. For example, if a portion of the fee is considered a taxable service, the SST amount might be displayed. Subscribers are not responsible for paying any income or business taxes on behalf of Hosts - those are the Host’s responsibility, but Subscribers do pay the SST or other consumption taxes associated with their own use of services.

4.4.2

In certain jurisdictions, FLUX may be required to collect and remit taxes, vehicle licensing fees, or other government-imposed charges on behalf of Hosts or users. If such laws apply, we will include those in your checkout price and label them accordingly.

4.4.3

For Hosts: You are responsible for complying with all tax laws applicable to your listing and earnings, including determining whether you are required to register for Sales and Service Tax (SST) and for the accurate reporting and remittance of any applicable SST. Vehicle subscription services are generally treated as a supply of services for SST purposes.

4.4.4

Unless otherwise expressly stated in writing, all fees payable under this Agreement, as well as the Vehicle Subscription Price (the “Vehicle Price”), shall be inclusive of any applicable Sales and Service Tax (SST). The Host acknowledges and agrees that the Vehicle Price set and agreed upon reflects the Host’s intended SST treatment. For the avoidance of doubt, where SST is applicable, such SST shall be deemed to be embedded within the agreed Vehicle Price, and no additional SST shall be charged on top of the stated Vehicle Price, unless expressly agreed by the parties in advance and in writing prior to the vehicle being listed.

4.4.5

FLUX shall not be responsible for determining, advising on, or verifying the Host’s SST treatment, and shall not be liable for any under-collection, over-collection, or misrepresentation of SST arising from inaccurate, incomplete, or incorrect information provided by the Host.

4.4.6

FLUX may facilitate the collection of SST on subscription fees where applicable and, if so, will remit such SST to the relevant tax authorities or to the Host, as appropriate, based on the information provided by the Host. FLUX may itself be required to charge SST on the services it provides to the Host, including but not limited to platform service fees, booking fees, or subscription management fees. Where SST is applicable to such services, FLUX shall include the SST in the relevant fees (whether itemised or baked in) and shall be responsible for the remittance of such SST to the tax authorities. FLUX will issue tax invoices for any taxable supplies it makes to the Host in accordance with applicable law.

4.4.7

Reporting Requirements: From time to time, laws may require FLUX to report information on users’ transactions to tax authorities (for instance, the number of vehicles listed and total earnings of a Host). By using the Platform, you acknowledge FLUX’s right to provide such information and cooperate with tax authorities’ requests or legal requirements. Hosts should maintain their own records of income received and consult a tax advisor for their tax obligations. FLUX will not be responsible for any failure by a user to pay applicable taxes on their side.

5

Your Commitments and Conduct

5.1

By using the FLUX Platform, you agree that you will at all times use the Services in compliance with these Terms, the Vehicle Subscription Agreement (if you enter one), and all applicable laws and regulations. You also agree to the following:

5.1.1

Account Security: You are responsible for all activity that occurs under your FLUX Account. You will choose a secure password and keep your login details confidential. Do not share your credentials with anyone else. If you suspect unauthorised access to your Account, you will notify FLUX immediately. We may ask you to change your password or take other steps to secure your Account. FLUX is not liable for any loss or damage arising from your failure to secure your Account.

5.1.2

Accurate Information: You commit to providing truthful, accurate, and up-to-date information to FLUX and other users (Hosts or Subscribers). All information in your profile, vehicle listings, subscription applications, communications, and payment details should be correct. You must promptly update any information that becomes outdated or incorrect. Misrepresenting your identity, qualifications, or intentions is strictly prohibited.

5.1.3

Legal Compliance: You must comply with all laws that apply to your use of the Services. This includes traffic laws, vehicle leasing/rental regulations, privacy and data protection laws, anti-fraud and anti-money laundering laws, and so on. If a particular law or regulation applies because of your role (e.g., you are a Host and a local rule requires you to have a certain permit or insurance to subscribe out cars), you are solely responsible for complying with it. Using FLUX does not excuse you from any legal obligations.

5.1.4

No Interference or Improper Use: You will use the FLUX Platform only for its intended purpose (facilitating vehicle subscriptions) and will not interfere with the proper operation of the Platform. This means you will not attempt to damage, hack, exploit vulnerabilities, or circumvent any security or content protection measures on our website/app. You will not flood the system with unreasonable traffic (e.g., running an automated script to scrape data or send spam messages through our system). You will refrain from any behavior that could disable, overburden, or impair the Platform (such as a denial-of-service attack).

5.1.5

Respectful Communication: When interacting with other users or FLUX staff, whether via the Platform messaging, phone, or in person, you agree to be respectful and civil. Harassment, hate speech, abusive language, discrimination, or threatening behavior will not be tolerated. We expect all users to treat each other and our employees with courtesy and to resolve disagreements in good faith.

5.1.6

Follow Policies: In addition to these Terms, you agree to follow any other policies that FLUX makes available (such as community guidelines, nondiscrimination policies, or specific program terms). These policies are designed to ensure a safe and fair marketplace and are incorporated by reference into these Terms.

5.2

If you violate any of the above commitments or any other part of these Terms, FLUX may take appropriate action, which could include suspending or terminating your account, removing content, canceling bookings, or seeking other legal remedies.

6

User Content and Intellectual Property

6.1

FLUX Content and User Content License

6.1.1

All content and information on the FLUX Platform, including text, graphics, logos, button icons, images, audio clips, and software, are either the property of FLUX or are licensed to FLUX by third parties. This includes the arrangement and compilation of content, as well as any content created or provided by FLUX (“FLUX Content”). FLUX grants you a limited, revocable, non-exclusive, non-transferable license to access and view the FLUX Content for your personal, non-commercial use in connection with using the Services. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any FLUX Content without our prior written permission, except as allowed by law.

6.1.2

We also grant our users a limited license to use the Platform’s functionalities to create and share certain content (for example, you may take photos of your vehicle for a listing, or write a review). When you, as a user, post content on the FLUX Platform (such as vehicle descriptions, photographs, profile information, reviews, feedback, or other materials - collectively “User Content”), you retain any ownership rights that you have in that content. However, you grant FLUX a broad license to use that content for the purposes of operating, promoting, and improving the Services. Specifically, you grant FLUX a worldwide, royalty-free, sublicensable, transferable license to use, copy, modify (for formatting/display purposes), distribute, publicly display, and perform your User Content in connection with the FLUX Platform and FLUX’s business. This license lasts as long as your content is protected by intellectual property rights (e.g., until you remove the content or terminate your account, and for a reasonable time thereafter to allow for complete removal from backup systems).

6.1.3

For example, by listing a vehicle and uploading photos, you allow FLUX to display those photos on our website and in marketing materials to help promote your listing and the platform. If you write a testimonial or review, we might quote it (with attribution to your first name or initials) on other parts of our site or social media. FLUX will not sell your content to third parties, but may use it to support and advertise the Services.

6.1.4

Your Responsibilities for Content: You are solely responsible for all User Content you provide. You represent that you have all necessary rights to grant the above license for any content you submit to the Platform, and that your content will not violate any law or infringe anyone else’s rights (for example, posting photos you don’t have permission to use, or using someone’s trademark in a way that confuses consumers). You agree not to post content that is defamatory, obscene, harassing, violent, or otherwise objectionable. FLUX may moderate, remove, or disable access to any content that FLUX deems (in its discretion) to be in violation of these Terms or harmful to the community, but FLUX is not obligated to screen or monitor user content.

6.2

Intellectual Property Rights and DMCA

6.2.1

All trademarks, logos, service marks, and trade names of FLUX (such as the “FLUX” name and logo) are our property. You may not use them without our prior written consent, except as necessary for identifying FLUX’s products or services in a truthful and legal manner.

6.2.2

If you believe that any content on the FLUX Platform infringes your copyright or other intellectual property rights, please notify us in writing with details (including the material’s location on our Platform and evidence of your rights). FLUX will respond to proper takedown notices in accordance with applicable intellectual property laws. We reserve the right to remove or disable content alleged to be infringing and to terminate the accounts of repeat infringers where appropriate. (For example, under the U.S. Digital Millennium Copyright Act (DMCA), we follow the safe harbor provisions even though our operations are primarily in Malaysia, as a best practice.)

6.3

Third-Party Services and Links

6.3.1

The FLUX Platform may contain links to third-party websites or services (for example, verification services, insurance providers, or payment processors). Additionally, certain features might integrate Google services (like Google Maps for showing vehicle locations) or other third-party tools. When you use those features, you are also bound by the third party’s terms of service (e.g., Google’s Terms of Service and Privacy Policy for map features). FLUX is not responsible for the content or services of third-party providers, and links to third-party sites do not imply endorsement by FLUX. Use caution and review the terms of any third-party service that you access through our Platform.

7

Prohibited Activities

7.1

When using the FLUX Platform or interacting with other FLUX users, you agree that you will not, and will not assist or enable others to do any of the following prohibited activities:

7.1.1

Illegal Activities: Violate any law, rule, or regulation. This includes (but is not limited to) all road and traffic laws, anti-fraud and anti-money laundering laws, personal data protection laws, and any local regulations concerning vehicle leasing or rental. You must not use a FLUX vehicle to commit a crime or in the furtherance of any illegal purpose.

7.1.2

Infringement of Rights: Infringe the rights of any person or entity, including intellectual property rights (copyrights, trademarks, patents), privacy rights, or rights of publicity. For example, do not upload content to the Platform that you do not have permission to use, and do not use someone else’s trademark (like a business name or logo) in a confusing or misleading way.

7.1.3

False or Misleading Information: Post, upload, or provide any information that is false, fraudulent, misleading, or defamatory. This includes lying or misrepresenting your identity, qualifications (such as using a fake driver’s license or someone else’s identity), or past driving record. Do not submit false claims or reports (e.g., falsely claiming damage to a vehicle, or providing false details in a dispute).

7.1.4

Impersonation and Unauthorised Account Use: Impersonate any person or entity, or falsify or manipulate details to disguise the origin of any content or messages. Do not create a FLUX Account on behalf of someone else without authorisation. You must not use another user’s account or permit anyone to use your account (except as allowed for an authorised representative of a business or an approved Additional Driver under a subscription).

7.1.5

Failure to Honor Commitments: As a Subscriber, you must not book a vehicle knowing you cannot pay or not intending to complete the subscription. Once you have entered a Vehicle Subscription Agreement, you must honor the terms: pay fees on time, pick up/receive the vehicle at the start, and return it at the agreed end time and location. Unexcused failure to take a vehicle or to return it on time is prohibited. As a Host, once you accept a reservation, you must provide the vehicle as described and not cancel to seek a higher price or for discriminatory reasons. Consistent failure by Hosts to honor confirmed reservations (cancellations) or to provide the vehicle in the promised condition can lead to removal from the Platform.

7.1.6

Off-Platform Transactions: You must not use the FLUX Platform to find a Host or Subscriber and then complete a vehicle subscription outside of FLUX. Doing so to avoid fees (often called a “gray market” transaction) is strictly prohibited. If you were introduced via FLUX, you are expected to transact through FLUX. Engaging in off-platform deals not only violates our Terms but may result in a RM 8,000 liquidated damages fee for circumventing the platform, and potential account termination (see Liquidated Damages section below).

7.1.7

Unauthorised Vehicle Use: As a Subscriber, do not use a vehicle in any way that is not authorised by the Host or by law. Prohibited uses include but are not limited to: using the vehicle for any form of racing, motorsport or competition; off-roading in a vehicle not meant for it; towing (unless the Host permits and the vehicle is equipped for towing); carrying passengers or property for hire (e.g., using the FLUX vehicle for ride-hailing or delivery services like Grab without explicit permission - note: FLUX generally forbids commercial e-hailing use unless explicitly allowed, and doing so may incur penalties); using the vehicle for any illegal purpose (such as transporting contraband); or operating the vehicle while under the influence of alcohol, drugs, or any substance that impairs driving ability (zero tolerance for drunk or drug-impaired driving).

7.1.8

Unauthorised Additional Drivers: Allowing anyone who is not an Approved Driver to drive the vehicle. An Approved Driver is either the Subscriber or an Additional Driver that has been added to the subscription and approved by FLUX. You must not hand over the vehicle to an unverified person. If someone not listed in the subscription drives the car, it can void insurance and is a serious breach of these Terms.

7.1.9

Vehicle Tampering: Tampering with or disabling any device on the vehicle, including telematics or GPS trackers installed by FLUX or the Host. FLUX vehicles commonly have telematics devices for monitoring location, mileage, and vehicle health. Any attempt to remove, block, or damage these devices is prohibited. Similarly, do not alter or remove the vehicle’s license plates, registration stickers, or any legal notices.

7.1.10

Content and Communication Abuse: Using the FLUX Platform’s communication tools to send spam, unsolicited commercial messages, or promotions not related to a genuine vehicle subscription. Do not data-scrape or harvest information from the Platform. You should not recruit or solicit FLUX users to join other competing services. Also, do not post reviews or feedback that are fake, biased, or paid for.

7.1.11

Interference with Other Users: Interfering with another user’s listing or subscription. For example, as a Host, you must not harass or attempt to intimidate a Subscriber who left a negative review. As a Subscriber, you should not try to coerce a Host into providing extra services not agreed upon by threatening a bad review. Any form of extortion or retaliatory conduct is forbidden.

7.1.12

Security Violations: Engaging in any activity that is intended to or does compromise the security of the FLUX Platform, its users, or their data. This includes distributing malware or viruses, employing bots or automated systems to circumvent security measures, or attempting to hack into restricted areas of the site. You must not reverse engineer or attempt to extract source code from our software. Also, do not use any device, software, or routine that interferes with the proper working of the Services, or otherwise attempt to probe, scan, or test the vulnerability of any system or network of FLUX without authorisation.

7.1.13

Circumventing Suspensions: If FLUX has restricted, suspended, or terminated your account, you are prohibited from creating a new account or accessing the Services through another account without FLUX’s explicit permission. Similarly, you must not assist a user who has been banned in circumventing our measures (for example, by listing a car on their behalf if they are banned as a Host).

7.2

This list of prohibited activities is not exhaustive. Any conduct that FLUX deems, in its sole discretion, to be abusive, harmful to the community or the Platform, or contrary to the intent of these Terms and the FLUX Services may result in action against your account. FLUX reserves the right to investigate and take appropriate legal action against anyone who, in FLUX’s judgment, violates these rules, including reporting to law enforcement authorities if necessary.

8

Other Legal Matters

8.1

Violations and Enforcement

8.1.1

FLUX has the right (but not the obligation) to investigate and take action on violations of these Terms to the fullest extent permissible by law. If we believe you have breached these Terms or abused the FLUX Platform or community, we may take one or more of the following actions:

8.1.1.1

Content Removal: FLUX may remove or disable access to any content you have posted that we find objectionable, in violation of the Terms, or harmful to the Services or other users. This could include deletion of vehicle listings, photos, or profile information that violate our policies or others’ rights.

8.1.1.2

Account Suspension or Termination: FLUX may suspend your access to the Services (temporarily or permanently) or terminate your account entirely. Account termination means you may lose your profile, reviews, and any pending reservations, and you will not be entitled to any compensation for such losses if the termination was due to your breach of the Terms. We may cancel upcoming subscriptions or remove your vehicle listings if you are a Host.

8.1.1.3

Fines and Fees: If your actions cause financial harm or liability to FLUX or other users, we may impose reasonable fees or penalties to compensate for those losses (for example, the RM 8,000 liquidated damages for bypassing the platform, as mentioned, or charges for property damage). These amounts may be deducted from any payouts or deposits we hold, or we may bill you separately.

8.1.1.4

Legal Action: In serious cases, FLUX may refer the matter to law enforcement (such as cases of fraud, theft, or endangerment), or may pursue legal remedies against you directly (such as seeking injunctive relief, damages, or enforcement of indemnities).

8.1.1.5

Other Measures: We may use technological measures to enforce these Terms. For instance, if a vehicle is not returned, we may remotely immobilise it as permitted under the Vehicle Subscription Agreement and arrange for retrieval (see “Repossession” in Subscriber terms below). We might also place account or transaction holds, reduce or remove any promotional discounts, or require additional verification or security (like a higher deposit) for you to continue using the Services.

8.1.2

FLUX’s decision to take or not take action in one instance does not waive our right to act in future or similar instances. We may choose to be lenient in certain cases, but we are not obligated to do so, and our leniency in one case doesn’t mean we will act the same way in another case.

8.1.3

If you believe FLUX has acted in error or unfairly in enforcing policies (for example, if your account was suspended and you don’t know why), you can contact us to appeal the decision. We will review appeals on a case-by-case basis and reinstate accounts or content if appropriate at our discretion.

8.2

Communication and Notices

8.2.1

Electronic Communications: You agree that FLUX can contact you and send you notices via the contact information you provided (email, phone number, mailing address). You consent to receive communications from us electronically, such as emails, texts, in-app messages, and push notifications, for both operational needs and, where you have agreed, marketing purposes.

8.2.2

Operational communications include things like: confirming your reservation, sending updates about your subscription or vehicle, notifying you of payment issues, or alerting you to changes in our Terms or policies. These are considered part of our Services and you generally cannot opt out of these communications while maintaining your account, as they are necessary for the performance of our contract with you.

8.2.3

SMS/Phone Communications: By providing a phone number, you agree that FLUX (or our service providers) may contact you via call or text message at that number, if needed, for purposes such as onboarding/verification, confirming delivery or pickup of a vehicle, investigating fraud, or collections of due amounts. We will not use autodialed or pre-recorded calls or texts for marketing purposes without your consent. Message and data rates may apply for any SMS we send. You can opt out of text messages at any time by replying “STOP” to our SMS or by contacting customer support, but note that this may limit certain verification processes (for example, receiving a code via SMS for login). Our communications will abide by applicable telecommunication laws in Malaysia.

8.2.4

Notice and Service of Process: Official notices to FLUX (for example, legal notices) should be sent to our registered business address or as otherwise designated in the “Contact Us” section of these Terms. FLUX may send official notices to you via email or mail to the addresses on your account, or via certified mail if appropriate. It is your responsibility to keep your contact information current. If you fail to do so, any notice we send to the last provided address or email will be deemed sufficient notice.

8.3

Insurance and Roadside Assistance

8.3.1

No Insurance by FLUX: FLUX is not an insurance company and does not itself provide auto insurance or protection plans to either Subscribers or Hosts. The arrangement facilitated by the FLUX Platform is that the Host (vehicle owner) provides a vehicle that is roadworthy and insured, and the Subscriber leases that vehicle. It is the Host’s responsibility to ensure the vehicle has a valid comprehensive insurance policy throughout the subscription period, as required by law and the Vehicle Subscription Agreement. FLUX may require proof of such insurance from Hosts and may refuse to list or allow a vehicle to be subscribed if insurance or road tax is not current. However, FLUX does not underwrite or provide primary insurance coverage for vehicles or users.

8.3.2

When a Subscriber is using a Host’s vehicle, typically the Host’s own insurance policy on the vehicle may cover the Subscriber as a nominated driver (or the Host may procure a specific policy or endorsement to cover subscription use). Any insurance claims for accidents or damage will likely be made under the Host’s insurance policy. Subscribers and Hosts acknowledge that any insurance coverage is provided by third-party insurers, not by FLUX, and any claims, deductibles, or disputes regarding coverage are between the parties and the insurance company. FLUX will facilitate the exchange of necessary information and cooperate in the claims process as reasonably required (for example, providing telematics data if it can help determine what happened).

8.3.3

Subscriber’s Financial Responsibility: Even if insurance is in place, Subscribers may be financially responsible for certain amounts, such as the insurance excess/deductible (the portion of a claim not paid by insurance) or damages not covered by insurance (for instance, if the damage is below the deductible or is excluded by the policy). Additionally, FLUX may charge an Accident Fee to Subscribers in the event of damage or an insurance claim, as specified in the fee schedule, to compensate the Host for loss of use or increased premiums. The exact allocation of responsibility for damages is detailed in the Vehicle Subscription Agreement and insurance terms. In general, if you (Subscriber) are at fault for damage, you can expect to at least pay the insurance excess and possibly an additional fee; if you are not at fault and the at-fault third party is known, their insurance should cover damages (but you must cooperate in any recovery process).

8.3.4

No Personal Injury Protection by FLUX: FLUX does not provide personal accident, medical, or personal injury insurance for Hosts or Subscribers. Hosts and Subscribers are solely responsible for arranging their own personal insurance coverage, including but not limited to personal accident and health insurance.

8.3.5

The vehicle’s insurance, where applicable, may only provide third-party liability coverage as required by law and does not cover personal injury, medical expenses, or personal property of the Host or Subscriber.

8.3.6

Roadside Assistance: FLUX provides or arranges a supplementary 24/7 nationwide roadside assistance service for vehicles subscribed through the Platform. This service is meant to assist Subscribers in case of breakdowns, flat tires, dead batteries, or other minor roadside issues during the subscription. Details of what is included in roadside assistance (towing distances, on-site repairs, etc.) can be found in our roadside assistance policy or your Vehicle Subscription Agreement. While FLUX coordinates this service, it may be fulfilled by third-party roadside assistance providers. Subscribers should note that certain incidents may not be covered (for example, if you require assistance due to user negligence, like running out of fuel or leaving lights on causing battery drain, there might be additional charges). FLUX will inform you which services are complimentary and which might incur fees.

8.3.7

Insurance Claims Process: In case of an accident or damage, the Subscriber must immediately follow the Incident Reporting rules outlined in the Subscriber section below (e.g., notifying FLUX, filing a police report when required, etc.). FLUX or the Host’s insurance company will guide the next steps. The Subscriber may be required to pay the deductible/excess up front for repairs. If a third party was at fault, you may be temporarily charged the excess which will be refunded if and when the third-party insurer pays out. Hosts must cooperate by filing insurance claims promptly and honestly. Both parties should cooperate with any adjusters or investigators. Failure to cooperate or late reporting can prejudice the insurer’s ability to cover the claim, in which case the responsible party may bear the full cost. If an insurer denies coverage because a Subscriber did something prohibited (for example, driving under the influence or an unauthorised driver was operating the car), the Subscriber will be fully responsible for all resulting damages and costs.

8.4

Specific Jurisdictional Terms

8.4.1

Currently, FLUX’s operations are focused in Malaysia. If you use the Services outside Malaysia or if a court with appropriate jurisdiction requires application of another country’s laws, certain local mandatory laws might apply despite the parties’ choice of Malaysian law. FLUX may in the future add country-specific terms to account for local consumer rights or legal requirements. For now, users agree that Malaysian law and dispute resolution processes (detailed below) will govern, except where prohibited by law.

8.4.2

If you are using the Services as a consumer in a jurisdiction that provides you with certain mandatory rights, nothing in these Terms is intended to limit those rights. In the event of a conflict between those laws and the Terms, those laws will prevail to the extent of the conflict.

8.5

Release and Waiver

8.5.1

User vs. User: The FLUX Platform enables arrangements between Hosts and Subscribers, but FLUX is not a party to the actual vehicle lease between Host and Subscriber (except in a limited facilitation role). Therefore, in the event that you have a dispute or claim with another user (Host or Subscriber) arising from a subscription (for example, a disagreement over damage responsibility, or a Host’s complaint about how a car was used), you agree to release FLUX (and its officers, directors, employees and agents) from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such dispute. We expect Hosts and Subscribers to resolve their differences in good faith, and FLUX will assist in facilitating communication and resolution, but ultimately the lease of the vehicle is between Host and Subscriber. (This release does not apply to any claim you might have against FLUX for FLUX’s own conduct; it applies to inter-user disputes.)

8.5.2

Platform provided “As Is”: FLUX provides the Platform and Services “as is” and without warranty of any kind, to the maximum extent allowed by law. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Services will be uninterrupted or error-free. We make no warranty that vehicle listings or any content will meet your expectations or requirements, or that all users are who they claim to be. For example, FLUX does not guarantee the quality or safety of any vehicle, the truth or accuracy of any listing, or that a vehicle will be available at the time of your reservation (though our policies aim to prevent and penalise Host cancellations). Any advice or information (oral or written) obtained from FLUX or through the Platform does not create any warranty not expressly stated in these Terms.

8.5.3

Limitation of FLUX’s Liability: To the extent permitted by law, FLUX (including its affiliated companies, and each of their officers, directors, employees, agents, and subcontractors) will not be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with your use of the Services, even if advised of the possibility of such damages. This includes, without limitation, damages for lost profits, lost data, personal injury, or property damage (except that caused by a FLUX vehicle retrieval agent), arising from or related to the use of the Platform, the inability to use the Platform, or any vehicle or transaction facilitated through the Platform.

8.5.4

FLUX’s total aggregate liability to any user for all claims arising out of or relating to the use of the Services or these Terms will not exceed the amount of fees (excluding the vehicle subscription price) that the user paid to FLUX in the 12 months prior to the event giving rise to the liability, or RM 500 (Malaysian Ringgit), whichever is higher. For example, if as a Subscriber you paid FLUX a RM100 booking fee and RM200 of other service fees in the past year, and something happened, our liability would be capped at RM 500. This cap is a reflection of the fact that FLUX is not charging a large amount to users (we take a small commission or fee), and we cannot insure unlimited risk for the platform usage. If you do not pay FLUX any fees (e.g., a Host who only receives payouts), FLUX’s cap of liability is RM 500 by default.

8.5.5

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not fully apply to you. In such cases, to the extent a liability cannot be excluded but can be limited, our liability will be limited to the smallest extent permitted by applicable law.

8.5.6

No Liability for User Conduct or Vehicle Condition: FLUX does not own or maintain the vehicles on our platform - those are owned and managed by Hosts. Hosts are responsible for the condition and safety of their vehicles, and Subscribers are responsible for the operation of vehicles during their subscription. Therefore, FLUX is not liable for things like: any injuries or property damage that occur while a Subscriber is driving a Host’s vehicle; any mechanical failure of a vehicle or manufacturing defect; or any losses arising from the Host’s failure to register or insure the vehicle properly. Hosts and Subscribers each acknowledge that the other party is fully responsible for their own actions and omissions during a subscription, and that FLUX is not a guarantor of any user’s performance. You agree not to hold FLUX responsible for the actions or inactions of other users of the Platform.

8.6

Indemnification

8.6.1

You agree to indemnify, defend, and hold harmless FLUX and its affiliates and their officers, directors, employees, and agents (the “FLUX Parties”) from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

8.6.1.1

Your use of the Services or your User Content (for example, any damage you cause to someone or their property while using a FLUX vehicle, or any content you posted that infringes someone’s rights);

8.6.1.2

Your breach of these Terms or any policy referenced herein;

8.6.1.3

Your violation of any law or the rights of a third party (for instance, a violation of data protection law by misusing another user’s personal information, or a traffic law violation resulting in a third-party claim); or

8.6.1.4

Any contract or relationship between you and another user (e.g., disputes regarding the Vehicle Subscription Agreement, where the other user makes a claim against FLUX due to something you did).

8.6.2

This indemnification obligation means you will reimburse FLUX for any losses it incurs or damages it has to pay (including legal fees and costs of defense) because of claims caused by your conduct. Example: If as a Subscriber you crash the car and injure someone, and that person sues FLUX (perhaps trying to claim FLUX is responsible as the platform), you agree to defend FLUX against that claim and pay any amounts for which FLUX is held liable, to the extent the problem was caused by your breach or your negligence. Similarly, if you are a Host and you provided a car with known faulty brakes and someone gets hurt, and FLUX gets sued as a result, you would indemnify FLUX.

8.6.3

FLUX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with FLUX in that defense). This indemnity survives termination of your relationship with FLUX.

8.7

Liquidated Damages

8.7.1

Certain breaches of these Terms can severely damage the FLUX Platform or community, and the harm may be difficult to calculate precisely. In those cases, FLUX may in its discretion apply reasonable liquidated damages as a deterrent and compensation. By using the Platform, you acknowledge and agree to the following liquidated damages provisions (which are not a penalty, but a genuine pre-estimate of loss):

8.7.1.1

Off-Platform Transactions / Circumvention: If you are found to have completed or attempted to complete a transaction with another FLUX user outside of the FLUX Platform (e.g., you found a Host on FLUX and then paid them cash directly to avoid FLUX fees, or as a Host you solicited a Subscriber to pay you off-platform on a subsequent renewal), you may be charged RM 8,000 in liquidated damages per violation. This amount reflects potential loss of revenue and damage to the integrity of our marketplace. FLUX may charge this amount directly to your payment method on file or deduct it from any payouts due to you.

8.7.1.2

Unauthorised Commercial Use or Subletting: If a Subscriber uses a vehicle for a prohibited commercial purpose (for example, offering rides or delivery services for hire, or “subleasing” the car to another person) without FLUX and the Host’s consent, FLUX may impose a liquidated damages penalty of RM 3,000 (in addition to any other remedies, such as immediate termination of the subscription) as per our policy schedule. This is to cover increased risk, insurance complications, and violation of trust.

8.7.1.3

Tampering with Telematics: If you intentionally disable, remove, or destroy a FLUX-installed telematics device in a vehicle, you may be charged a RM 700 device replacement fee plus administrative fines for interfering with safety systems. The administrative fine could be a set amount (e.g., RM 1,000) to cover the investigation and repair coordination costs.

8.7.1.4

Misuse Leading to Repossession: If your actions (like persistent non-payment or engaging in illegal activity with the car) force FLUX to immobilise and repossess the vehicle, FLUX may charge you a Repossession Fee (for example, RM 500 for the admin costs, plus actual towing/storage costs) and a Reactivation Fee (e.g., RM 300 for reinstating systems) if applicable. These fees are partly to compensate for the significant effort and cost to retrieve the vehicle.

8.7.1.5

False Damage Claims: If a Host attempts to make a fraudulent or grossly exaggerated damage claim against a Subscriber (or vice versa, a Subscriber falsely claims pre-existing damage that they actually caused) and our investigation finds evidence of bad faith, the party in breach may owe FLUX a penalty of up to RM 1,000 and/or face removal from the platform. This is to discourage abuse of our claims process.

8.7.2

The above liquidated damages are not exhaustive; FLUX reserves the right to seek actual damages in addition to or instead of the above, especially if the actual harm exceeds the liquidated amount. Where we have not specified a liquidated amount for a particular breach, we still reserve all rights to seek legal remedies.

8.8

Platform Role and No Agency

8.8.1

FLUX is not a vehicle rental company or a traditional lessor. We do not hold title to the vehicles listed, nor do we at any point possess a fleet of vehicles for rent. The FLUX Platform is a neutral venue that facilitates a peer-to-peer (or business-to-consumer) vehicle subscription service. We help connect Hosts and Subscribers and provide ancillary services (like payment processing, contract facilitation, and concierge logistics), but we are not a party to the transfer of possession of the vehicle (except as a limited agent to coordinate).

8.8.2

Nothing in these Terms shall be deemed to create a partnership, joint venture, employer-employee, or franchiser-franchisee relationship between FLUX and any user. Users (Hosts and Subscribers) act exclusively in their own capacity and interest. FLUX does not act as an agent for any user, except in the limited sense of acting as a payment collection agent for the Host to collect fees from Subscribers, and as an agent to facilitate the signing of the Vehicle Subscription Agreement. This means FLUX helps form the contract between Host and Subscriber, but FLUX is not the owner of the car and is not the one renting it out.

8.8.3

Because FLUX is not a rental company, certain consumer protection laws or regulations applicable to rental car companies may not apply to your use of our Services. You agree that no joint venture, partnership, or employment relationship exists between you and FLUX as a result of this Agreement or your use of the Services.

8.9

Rounding Off and Currency

8.9.1

Prices and payouts on the FLUX Platform are generally listed in Malaysian Ringgit (MYR). In some cases, the payment processor or our system may round amounts to the nearest whole cent (or sen) for practicality. For instance, if a calculation yields a figure like RM 100.005, we might round it to RM 100.01; if RM 100.004, we’d round down to RM 100.00. Such rounding is done in a neutral manner and in accordance with standard accounting practices, and you agree to be bound by the rounded amount as the charge or payout.

8.9.2

If you are using the Platform from outside Malaysia or if we ever display estimates in other currencies, final transactions will still be settled in MYR (unless explicitly arranged otherwise) and your bank might charge you for currency conversion. FLUX is not responsible for any exchange rate differences or fees that your bank or card issuer applies.

8.10

Contact Information

8.10.1

If you need to contact FLUX for any reason about these Terms or the Services, you can reach us at:

FLUX Sdn. Bhd. (Company No. 1264766-H) 15-3A, Jalan Solaris, Solaris Mont Kiara, 50480 Kuala Lumpur, Malaysia. Email: support@driveflux.com Phone: +603-6411-5611

8.10.2

We also provide support resources and a “Contact Us” form on our website. For reporting accidents or urgent issues, please refer to the emergency contact info provided in your booking confirmation or on our Help page.

8.10.3

Hosts should contact us promptly in the event of any incident with their vehicle or any issue requiring FLUX’s assistance. Subscribers should do the same for any roadside incidents or if the vehicle becomes unavailable for use.

9

Dispute Resolution

9.1

We aim to resolve any concerns or disputes fairly and efficiently. Any dispute you have with FLUX (as opposed to disputes with another user) should ideally be resolved by reaching out to us first. Our customer support team is equipped to handle many issues. However, if a dispute arises that cannot be resolved through normal customer service, the following provisions apply:

9.1.1

Mandatory Mediation

9.1.1.1

If any dispute, controversy, or claim arises out of or relating to these Terms or the FLUX Services that involves FLUX and a user (or FLUX, a user, and possibly another user), the parties agree to first attempt to resolve the dispute through good-faith mediation. Mediation is a process where a neutral third-party mediator helps the disputing parties try to reach a voluntary settlement.

9.1.1.1.1

Initiating Mediation: A party seeking mediation must send written notice to the other party (or parties) describing the dispute and requesting mediation. FLUX can be contacted at the address in the Contact section for such notices. We will work with you to select a mutually acceptable mediator and venue (mediation can be done online or in Kuala Lumpur, Malaysia, unless parties agree otherwise). If we cannot agree on a mediator within 14 days of the notice, either party can request that the Malaysian Mediation Centre (MMC) appoint a certified mediator for us.

9.1.1.1.2

Mediation Process: The parties should participate in at least three (3) hours of mediation sessions (or more, if mutually agreed). The costs of the mediator will be shared equally between the parties, but each party will bear its own attorneys’ fees (if any) for attending mediation. Discussions in mediation are confidential and cannot be used as evidence in any later legal proceeding without both parties’ consent.

9.1.1.1.3

Good Faith Requirement: Both you and FLUX agree to try in earnest to resolve the dispute in mediation. This means being transparent, open to compromise, and respectful during the process. Mediation is non-binding - the mediator will not impose a decision; the goal is to see if we can agree on a solution.

9.1.2

Litigation in Courts

9.1.2.1

If a dispute is not resolved through mediation within a reasonable time (say 60 days from the first mediation session, unless extended by agreement), either party may proceed to pursue formal legal action. Subject to applicable law, you and FLUX agree that any legal proceedings (court litigation) will be brought in the courts of Malaysia. Specifically, if not otherwise required by law, the courts in Kuala Lumpur, Malaysia have jurisdiction. Both parties consent to this choice of forum and waive any objections to personal jurisdiction or venue there, to the extent permitted by law.

9.1.2.2

This means, for example, if you as a user want to sue FLUX for some dispute, you would file in a Malaysian court (likely Kuala Lumpur). If you live abroad, you agree you’ll still sue in Malaysia (unless mandatory laws say otherwise). Similarly, FLUX would file any lawsuit against you in Malaysia, under Malaysian law.

9.1.3

Class Action Waiver (if applicable)

9.1.3.1

FLUX provides services on an individual basis, and we expect any disputes to be resolved individually. You agree not to bring or participate in any class action, consolidated, or representative lawsuit against FLUX. We will similarly not bring a class or representative action against you. This means any case must be between FLUX and you alone, not a group of users collectively. A court of competent jurisdiction, however, will make the final determination of the enforceability of this clause, especially in jurisdictions where class action waivers are not recognised.

9.1.4

Injunctive Relief

9.1.4.1

Not withstanding the above, FLUX may seek immediate injunctive relief (a court order to stop you from doing something) if you breach certain parts of these Terms that could cause irreparable harm to FLUX, without first going through mediation. For example, if you misuse FLUX’s intellectual property or engage in misuse of the platform that requires urgent stopping, we reserve the right to go to court directly to get an injunction. This does not waive the requirement for mediation or other claims for damages; it’s just an immediate measure to prevent harm. Similarly, you are not prevented from seeking urgent legal relief if circumstances warrant (for instance, a clear privacy violation by FLUX that requires an immediate stop). But for any claim of monetary damages or such, we still go through mediation first.

9.1.5

Governing Law

9.1.5.1

These Terms and any dispute arising out of them shall be governed by Malaysian law, without regard to its conflict of laws principles. If you are a consumer in a jurisdiction with mandatory consumer protections, you might also have certain rights under the laws of your country of residence; these Terms are primarily governed by Malaysian law, but we acknowledge those protections as needed.

9.1.6

Survival

9.1.6.1

This Dispute Resolution section survives termination of the Agreement. Even if you or FLUX terminates your use of the Services, the agreement to mediate and the forum selection for court disputes will remain in effect for any disputes that have arisen or may arise from your use of the Services.

10

General Provisions

10.1

Termination of Use

10.1.1

By You: You may stop using the FLUX Services at any time by closing your account, subject to settling any pending obligations. If you have no active subscriptions or listings, you can request account deletion via our support. If you are in an active subscription, you must complete or properly terminate that subscription (including returning the car and paying any amounts due) before your account can be fully closed. Account closure does not automatically cancel any ongoing subscription - you need to handle that separately through the proper process (which may involve fees, as described above).

10.1.2

By FLUX: FLUX may, in its sole discretion, for any reason or no reason, terminate or suspend your account or access to Services at any time (with or without notice), to the extent permitted by law. We might do so if, for example, you materially breach these Terms, you pose a risk or reputation issue, you fail verification, or we decide to discontinue the platform or a particular service. In most cases, if the issue is fixable, we will give you a notice or warning and an opportunity to cure the breach (if appropriate) before termination. But in serious cases (fraud, safety, persistent violations), termination can be immediate.

10.1.3

If your account is terminated (by you or us), you remain responsible for any obligations incurred before termination. Any provisions of these Terms which by their nature should survive termination (such as indemnities, limitation of liability, outstanding payment obligations, dispute resolution clauses) will continue to apply. FLUX will handle any ongoing subscriptions at time of termination to minimise impact on other party: e.g., if we terminate a Host’s account, we might still uphold current subscriptions or find alternatives for the subscribers; if we terminate a Subscriber’s account, we may early-end their subscription and retrieve the car.

10.1.4

Termination of your access does not automatically delete data we hold about your past transactions - we will retain and use such information as necessary for legal, accounting, and operational purposes, in accordance with our Privacy Policy.

10.2

No Assignment

10.2.1

You cannot assign or transfer your rights or obligations under these Terms to someone else without FLUX’s prior written consent. For example, you cannot transfer your account to another person, or delegate your duties (like a Host allowing someone else to manage their listings) unless we allow co-host arrangements explicitly. Any attempted assignment by you without permission is void. FLUX, however, may assign or transfer these Terms or our rights/obligations to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all assets, without your consent (we will provide notice in such event if required by law).

10.3

Severability

10.3.1

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalid part will be removed or reformed, but everything else stays valid. The parties shall endeavor in good faith to replace any invalid or unenforceable provision with a valid one that, as closely as possible, achieves the intended effect of the original.

10.4

No Waiver

10.4.1

FLUX’s failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. Similarly, a waiver of one breach does not waive any subsequent breaches. For instance, if you miss a payment and we don’t immediately enforce late fees, we are not waiving our right to charge them later or to enforce on another late payment. All waivers by FLUX must be explicit and in writing to be effective.

10.5

Entire Agreement

10.5.1

These Terms, along with the incorporated policies and any supplemental agreements (like the Vehicle Subscription Agreement, privacy policy, etc.), constitute the entire agreement between you and FLUX regarding your use of the Services, and supersede any prior or contemporaneous understandings or agreements, whether oral or written, relating to the same subject matter. You acknowledge that you are not relying on any statement or promise that’s not explicitly stated in these Terms (or incorporated documents). Of course, this does not limit liability for fraudulent misrepresentation.

10.6

Relationship of Parties

10.6.1

As emphasised earlier, nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between FLUX and you. You do not have authority to make commitments on behalf of FLUX, and FLUX is not your agent (except for the limited role of collecting payments for Hosts). The only relationships are those explicitly described: between FLUX and user (service provider and customer), and between Host and Subscriber (lessor and lessee of vehicle, with FLUX as intermediary).

10.7

Third-Party Beneficiaries

10.7.1

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties (FLUX and the users) and their permitted successors and assigns. No other entity shall be considered a third-party beneficiary of this Agreement, except where stated (for example, affiliates of FLUX enjoying protections, or indemnitees). Subscribers and Hosts are not third-party beneficiaries of the contract between FLUX and another user, except as explicitly outlined in shared policies.

10.8

Headings and Interpretation

10.8.1

The headings used in these Terms (section titles, etc.) are for convenience only and have no legal effect. They shall not affect the meaning or interpretation of any provision. In case of ambiguity in any language version of these Terms, the English version controls (if we provide translations, they are for reference; the official terms are in English, unless local law requires otherwise).

10.8.2

Words like “including” shall be read to mean “including, without limitation,” and any examples given are for illustration and are not an exhaustive list.

10.9

Survival

10.9.1

All provisions of these Terms which by their nature should survive termination of your use of the Services (including but not limited to payment obligations, indemnities, warranty disclaimers, limitations of liability, dispute resolution, and governing law) shall survive and remain in effect after any termination or expiration of your relationship with FLUX.

10.10

Contact and Customer Support

10.10.1

If you have any questions about these Terms or need support, please visit our Help Center on the FLUX website or contact us via the details provided in the Contact section above. We are here to help make car subscriptions a smooth and enjoyable experience for both Hosts and Subscribers.