Founding Backer Terms
What you get, and what happens if a buoy is late

1. About These Terms

1.1 These terms apply when you back Fluctus at fund.fluctus.cloud. "We" are Fluctus, a company being registered in Barbados by its co-founders, Adam Worrell and Teddy Allen, contact admin@fluctus.cloud. Until the company is incorporated these terms bind the co-founders personally; on incorporation they bind the company. "You" are the backer.

1.2 Backing is a purchase, not a donation. You pay now for perks we deliver as the Fluctus wave buoys go into the water around Barbados. Fluctus is a company, not a charity, so your payment is not tax-deductible.

1.3 Nothing in these terms takes away your rights under Barbados consumer protection law.

2. What You Are Backing

2.1 Your perks are the ones shown on the backing level you choose on the campaign page. Levels will include the Surfer tier free for a set period, your name on the backer wall, and at the highest level the Surfer tier for the life of the service, your name on the buoy's page and an invitation to the launch. Nothing is fixed to the buoy itself. Prices and the exact perks are published on the campaign page before backing opens.

2.2 Which phase you are backing. Your backing goes to the phase that is open when you pay. If a phase is fully funded, further backing goes to the next phase, and your receipt says which phase your backing joined.

2.3 "Live" means the phase's offshore buoy is moored and has published readings on fluctus.cloud for 7 days in a row.

2.4 Perks start when your phase's buoy is live, unless the level says otherwise. A Surfer tier "for life of the service" lasts as long as we run the Fluctus app.

3. Payment, and Changing Your Mind

3.1 You pay in full by card when you back. Stripe processes the payment, and we email you a receipt from Fluctus.

3.2 14 days to change your mind. You can cancel for any reason within 14 days of paying by emailing admin@fluctus.cloud, and we refund you in full.

3.3 Where your money goes. Backing money is used to buy, moor and run the instruments for your phase. We publish a breakdown of what each phase costs and what has been spent.

4. If a Buoy Is Late

Mooring a buoy depends on permits, shipping, weather and the sea, so dates can slip. If that happens, here is exactly what we do.

4.1 Monthly updates. From the day your phase closes until its buoy is live, we email every backer an update at least once a month. Each update covers progress, the current expected date and the reason for any change.

4.2 Refund on request after 12 months. If your phase's buoy is not live within 12 months after its target date, you can ask for a full refund at any time until the buoy goes live. For Phase 1, that means from 1 July 2028.

4.3 How refunds are paid. We refund the full amount you paid to your original card, or by bank transfer if the card has expired, within 30 days of your request. Your perks for that phase end when you are refunded.

4.4 Waiting is your choice. If you do not ask for a refund, your backing stays in place and your perks start when the buoy goes live.

5. If a Phase Is Cancelled or Falls Short

5.1 Cancelled phase. If we decide not to go ahead with a buoy, or cannot get the permits for it, we tell every backer of that phase within 14 days. Everyone gets a full refund within 30 days, without having to ask.

5.2 Goal not reached. Each phase has a funding goal and an end date shown on the campaign page; Phase 1 closes on 31 March 2027. If the goal is not reached by then, we either refund every backer of that phase in full, or extend the phase once, by up to 6 months. If we extend, any backer can ask for a full refund during the extension.

5.3 After a buoy is live. Buoys can be damaged by storms or vessels. If a live buoy stops reporting, we repair or replace it as quickly as we reasonably can, and perks continue. A period without readings does not entitle you to a refund. If we permanently close the service within 3 years of your buoy going live, we refund a share of your payment in proportion to the time left in that period.

6. Partners and Founding API Customers

6.1 Buoy partners sign a separate sponsorship agreement. It carries the same delay and cancellation protections as sections 4 and 5: monthly updates, a refund on request 12 months after the target date, and a full refund if the phase is cancelled. Naming and logo placement start when the buoy is live, and the sponsorship term runs from that date.

6.2 Founding API customers (the first 10 businesses) pay nothing until launch. They sign a founding customer order now, which locks in 50% off the published plan price for as long as they stay subscribed without a break. Billing starts when the buoy is live. They can cancel the order at any time before launch at no cost, and after launch on the plan's normal notice.

7. General Terms

7.1 No investment. Backing does not give you shares, profit, voting rights or any ownership of the buoys or the data.

7.2 Safety. Fluctus readings and The Call help you plan. They are not a guarantee of conditions. Readings and alerts are advisory; they do not replace official warnings from the Barbados Meteorological Services or the Coast Guard, and you remain responsible for your own decisions at sea.

7.3 Our liability to you under these terms is limited to the amount you paid, except where the law does not allow that limit.

7.4 Your name. We show your name on the backer wall only if you choose to, and you can ask us to remove it at any time. We handle your details as our Privacy Policy describes.

7.5 Changes. We will not change these terms in a way that reduces your rights for a backing you have already paid for.

7.6 Law. These terms are governed by the laws of Barbados.

See also the Terms of Use for the site and the Free Access Commitments, which no backing, customer or investor agreement can override.