<h1>TERMS OF SERVICE</h1>
<p><strong>Last updated:</strong> January 01, 2026</p>
<h2>AGREEMENT TO OUR LEGAL TERMS</h2>
<p>
We are Fluencify AB ("Company," "we," "us," "our"), a company registered
in Sweden at Solparksvägen 3, Stockholm, Solna 16954. Our VAT number is
SE559484625401.
</p>
<p>
We operate the mobile application Fluencify - Get Paid to Create (the
"App"), as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms") (collectively, the
"Services").
</p>
<p>
Fluencify is a digital platform that connects brands with everyday content
creators to produce and distribute authentic short-form video content. The
platform enables brands to scale their social media presence without
managing creators directly, while allowing creators to participate in paid
campaigns regardless of prior experience or audience size.
</p>
<p>
Fluencify provides tools for campaign creation, content submission,
review, and performance tracking. Brands can launch campaigns, set content
requirements, and approve creator submissions, while creators can apply to
campaigns, upload content, and receive compensation upon approval.
</p>
<p>
The platform is designed to prioritize authenticity, brand safety, and
compliance with platform policies. Fluencify does not guarantee
performance outcomes, follower growth, or engagement metrics, and all
content remains subject to the rules and guidelines of third-party
platforms such as Instagram and TikTok.
</p>
<p>
Fluencify operates as a marketplace and does not act as an employer,
talent agency, or representative for creators. Creators participate as
independent users and are responsible for complying with applicable laws,
platform rules, and disclosure requirements.
</p>
<p>
You can contact us by phone at +46733756096, email at
<a href="mailto:[email protected]">[email protected]</a>, or by mail
to Solparksvägen 3, Stockholm, Solna 16954, Sweden.
</p>
<p>
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and Fluencify AB,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
</p>
<p>
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by
<a href="mailto:[email protected]">[email protected]</a>, as stated
in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified
terms.
</p>
<p>
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
</p>
<p>
We recommend that you print a copy of these Legal Terms for your records.
</p>
<h2>TABLE OF CONTENTS</h2>
<ol>
<li><a href="#services">OUR SERVICES</a></li>
<li><a href="#ip">INTELLECTUAL PROPERTY RIGHTS</a></li>
<li><a href="#userreps">USER REPRESENTATIONS</a></li>
<li><a href="#userreg">USER REGISTRATION</a></li>
<li><a href="#purchases">PURCHASES AND PAYMENT</a></li>
<li><a href="#software">SOFTWARE</a></li>
<li><a href="#prohibited">PROHIBITED ACTIVITIES</a></li>
<li><a href="#ugc">USER GENERATED CONTRIBUTIONS</a></li>
<li><a href="#license">CONTRIBUTION LICENSE</a></li>
<li><a href="#reviews">GUIDELINES FOR REVIEWS</a></li>
<li><a href="#mobile">MOBILE APPLICATION LICENSE</a></li>
<li><a href="#socialmedia">SOCIAL MEDIA</a></li>
<li><a href="#thirdparty">THIRD-PARTY WEBSITES AND CONTENT</a></li>
<li><a href="#advertisers">ADVERTISERS</a></li>
<li><a href="#sitemanage">SERVICES MANAGEMENT</a></li>
<li><a href="#ppyes">PRIVACY POLICY</a></li>
<li><a href="#copyrightyes">COPYRIGHT INFRINGEMENTS</a></li>
<li><a href="#terms">TERM AND TERMINATION</a></li>
<li><a href="#modifications">MODIFICATIONS AND INTERRUPTIONS</a></li>
<li><a href="#law">GOVERNING LAW</a></li>
<li><a href="#disputes">DISPUTE RESOLUTION</a></li>
<li><a href="#corrections">CORRECTIONS</a></li>
<li><a href="#disclaimer">DISCLAIMER</a></li>
<li><a href="#liability">LIMITATIONS OF LIABILITY</a></li>
<li><a href="#indemnification">INDEMNIFICATION</a></li>
<li><a href="#userdata">USER DATA</a></li>
<li>
<a href="#electronic"
>ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</a
>
</li>
<li><a href="#sms">SMS TEXT MESSAGING</a></li>
<li><a href="#california">CALIFORNIA USERS AND RESIDENTS</a></li>
<li><a href="#misc">MISCELLANEOUS</a></li>
<li><a href="#contact">CONTACT US</a></li>
</ol>
<h2 id="services">1. OUR SERVICES</h2>
<p>
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
</p>
<p>
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
</p>
<h2 id="ip">2. INTELLECTUAL PROPERTY RIGHTS</h2>
<h3>Our intellectual property</h3>
<p>
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
</p>
<p>
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
</p>
<p>
The Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
</p>
<h3>Your use of our Services</h3>
<p>
Subject to your compliance with these Legal Terms, including the
<a href="#prohibited">PROHIBITED ACTIVITIES</a> section below, we grant
you a non-exclusive, non-transferable, revocable license to:
</p>
<ul>
<li>access the Services; and</li>
<li>
download or print a copy of any portion of the Content to which you have
properly gained access,
</li>
</ul>
<p>
solely for your personal, non-commercial use or internal business purpose.
</p>
<p>
Except as set out in this section or elsewhere in our Legal Terms, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
</p>
<p>
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to:
<a href="mailto:[email protected]">[email protected]</a>. If we ever
grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
</p>
<p>
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
</p>
<p>
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately.
</p>
<h3>Your submissions and contributions</h3>
<p>
Please review this section and the
<a href="#prohibited">PROHIBITED ACTIVITIES</a> section carefully prior to
using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the
Services.
</p>
<p>
<strong>Submissions:</strong> By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
</p>
<p>
<strong>Contributions:</strong> The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions").
Any Submission that is publicly posted shall also be treated as a
Contribution.
</p>
<p>
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
</p>
<p>
<strong
>When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos):</strong
>
By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats and
through any media channels.
</p>
<p>
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
</p>
<p>
<strong>You are responsible for what you post or upload:</strong> By
sending us Submissions and/or posting Contributions through any part of
the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
</p>
<ul>
<li>
confirm that you have read and agree with our
<a href="#prohibited">PROHIBITED ACTIVITIES</a> and will not post, send,
publish, upload, or transmit through the Services any Submission nor
post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
</li>
<li>
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
</li>
<li>
warrant that any such Submission and/or Contributions are original to
you or that you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
</li>
<li>
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
</li>
</ul>
<p>
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party's
intellectual property rights, or (c) applicable law.
</p>
<p>
<strong>We may remove or edit your Content:</strong> Although we have no
obligation to monitor any Contributions, we shall have the right to remove
or edit any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
</p>
<h3>Copyright infringement</h3>
<p>
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the
<a href="#copyrightyes">COPYRIGHT INFRINGEMENTS</a> section below.
</p>
<h2 id="userreps">3. USER REPRESENTATIONS</h2>
<p>
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Legal Terms; (4) you
are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Services for any
illegal or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
</p>
<p>
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
</p>
<h2 id="userreg">4. USER REGISTRATION</h2>
<p>
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
</p>
<h2 id="purchases">5. PURCHASES AND PAYMENT</h2>
<p>We accept the following forms of payment:</p>
<ul>
<li>PayPal</li>
</ul>
<p>
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in US dollars with deviation based on
Brand Preference.
</p>
<p>
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if
we have already requested or received payment.
</p>
<p>
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
</p>
<h2 id="software">6. SOFTWARE</h2>
<p>
We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"), the
terms of the EULA will govern your use of the software. If such software
is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such software
solely in connection with our services and in accordance with these Legal
Terms. Any software and any related documentation is provided "AS IS"
without warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability, fitness for
a particular purpose, or non-infringement. You accept any and all risk
arising out of use or performance of any software. You may not reproduce
or redistribute any software except in accordance with the EULA or these
Legal Terms.
</p>
<h2 id="prohibited">7. PROHIBITED ACTIVITIES</h2>
<p>
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
</p>
<p>As a user of the Services, you agree not to:</p>
<ul>
<li>
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
</li>
<li>
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
</li>
<li>
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
</li>
<li>
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
</li>
<li>
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
</li>
<li>
Make improper use of our support services or submit false reports of
abuse or misconduct.
</li>
<li>
Use the Services in a manner inconsistent with any applicable laws or
regulations.
</li>
<li>Engage in unauthorized framing of or linking to the Services.</li>
<li>
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party's uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
</li>
<li>
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
</li>
<li>
Delete the copyright or other proprietary rights notice from any
Content.
</li>
<li>
Attempt to impersonate another user or person or use the username of
another user.
</li>
<li>
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
</li>
<li>
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
</li>
<li>
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
</li>
<li>
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
</li>
<li>
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
</li>
<li>
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Services.
</li>
<li>
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
</li>
<li>
Use a buying agent or purchasing agent to make purchases on the
Services.
</li>
<li>
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
</li>
<li>
Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor
or commercial enterprise.
</li>
<li>Sell or otherwise transfer your profile.</li>
<li>
Users may not use the Services to promote goods or services outside of
approved campaigns or in a manner that circumvents Fluencify's platform
rules.
</li>
</ul>
<h2 id="ugc">8. USER GENERATED CONTRIBUTIONS</h2>
<p>
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials
to us or on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
</p>
<ul>
<li>
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
</li>
<li>
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
</li>
<li>
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
</li>
<li>Your Contributions are not false, inaccurate, or misleading.</li>
<li>
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
</li>
<li>
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
</li>
<li>
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
</li>
<li>
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
</li>
<li>
Your Contributions do not violate any applicable law, regulation, or
rule.
</li>
<li>
Your Contributions do not violate the privacy or publicity rights of any
third party.
</li>
<li>
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
</li>
<li>
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
</li>
<li>
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
</li>
</ul>
<p>
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
</p>
<h2 id="license">9. CONTRIBUTION LICENSE</h2>
<p>
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
</p>
<p>
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
</p>
<p>
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We
are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
</p>
<p>
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
</p>
<p>
<strong>Survival of License Upon Account Termination:</strong> The license
granted above is irrevocable and perpetual, meaning it survives the
termination or deletion of your account. Once a video Contribution has
been approved and paid for as part of a campaign, Fluencify and the
applicable Brand retain full rights to use that content as described
above, regardless of whether your account remains active. This ensures
that Brands who have paid for content retain the usage rights they
purchased.
</p>
<h2 id="reviews">10. GUIDELINES FOR REVIEWS</h2>
<p>
We may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hateful language; (3) your reviews should not
contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7)
you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive
or negative.
</p>
<p>
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating to
review.
</p>
<h2 id="mobile">11. MOBILE APPLICATION LICENSE</h2>
<h3>Use License</h3>
<p>
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App
on wireless electronic devices owned or controlled by you, and to access
and use the App on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App;
(3) violate any applicable laws, rules, or regulations in connection with
your access or use of the App; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices
or users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or
in any way a substitute for the App; (8) use the App to send automated
queries to any website or to send any unsolicited commercial email; or (9)
use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with
the App.
</p>
<h3>Apple and Android Devices</h3>
<p>
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor's terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in
the terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3)
in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you represent
and warrant that (i) you are not located in a country that is subject to a
US government embargo, or that has been designated by the US government as
a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the App, e.g.,
if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce
the terms and conditions in this mobile application license contained in
these Legal Terms against you as a third-party beneficiary thereof.
</p>
<h2 id="socialmedia">12. SOCIAL MEDIA</h2>
<p>
As part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers (each
such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand
that (1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party Account
(the "Social Network Content") so that it is available on and through the
Services via your account, including without limitation any friend lists
and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set
in such Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account
on the Services and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
</p>
<h2 id="thirdparty">13. THIRD-PARTY WEBSITES AND CONTENT</h2>
<p>
The Services may contain (or you may be sent via the App) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services
or any Third-Party Content posted on, available through, or installed from
the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or
to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any
losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-Party
Websites.
</p>
<h2 id="advertisers">14. ADVERTISERS</h2>
<p>
We allow advertisers to display their advertisements and other information
in certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
</p>
<h2 id="sitemanage">15. SERVICES MANAGEMENT</h2>
<p>
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
</p>
<h2 id="ppyes">16. PRIVACY POLICY</h2>
<p>
We care about data privacy and security. Please review our Privacy Policy:
<strong>fluencify.io/privacy-policy</strong>. By using the Services, you
agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in Sweden. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in Sweden, then through your continued use of
the Services, you are transferring your data to Sweden, and you expressly
consent to have your data transferred to and processed in Sweden.
</p>
<h2 id="copyrightyes">17. COPYRIGHT INFRINGEMENTS</h2>
<p>
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Services infringes your copyright,
you should consider first contacting an attorney.
</p>
<h2 id="terms">18. TERM AND TERMINATION</h2>
<p>
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
</p>
<p>
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive
redress.
</p>
<h3>Ambassador Account Deletion</h3>
<p>
If you are an Ambassador and wish to delete your account, you may request
deletion through the App's account settings. Upon requesting deletion:
</p>
<ol>
<li>
<strong>Active Campaign Requirement:</strong> You must complete or
withdraw from all active campaigns before your deletion request can be
processed.
</li>
<li>
<strong>30-Day Deactivation Period:</strong> Your account will enter a
30-day deactivation period. During this time, your account will be
marked as inactive, but your data will not be permanently deleted.
</li>
<li>
<strong>Cancellation:</strong> If you log back into your account during
the 30-day period, the deletion request will be automatically cancelled
and your account will be reactivated.
</li>
<li>
<strong>Pending Submissions:</strong> Any pending video submissions will
have the 30-day period to be reviewed by Brands. Videos approved during
this period will be paid according to normal terms.
</li>
<li>
<strong>Payout Processing:</strong> Pending payouts will continue to be
processed during the 30-day period. Any unpaid earnings remaining after
the 30-day period will be forfeited.
</li>
<li>
<strong>Permanent Deletion:</strong> After 30 days of no account
activity, your personal information will be permanently deleted.
However, as stated in Section 9, approved video content for which you
have been compensated remains licensed to Fluencify and applicable
Brands.
</li>
<li>
<strong>Data Retention:</strong> Certain information may be retained as
required by law (such as payout records for tax purposes) or as
permitted by our Privacy Policy.
</li>
</ol>
<h2 id="modifications">19. MODIFICATIONS AND INTERRUPTIONS</h2>
<p>
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
</p>
<p>
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
</p>
<h2 id="law">20. GOVERNING LAW</h2>
<p>
These Legal Terms are governed by and interpreted following the laws of
Sweden, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your
country to residence. Fluencify AB and yourself both agree to submit to
the non-exclusive jurisdiction of the courts of Stockholm, which means
that you may make a claim to defend your consumer protection rights in
regards to these Legal Terms in Sweden, or in the EU country in which you
reside.
</p>
<h2 id="disputes">21. DISPUTE RESOLUTION</h2>
<h3>Informal Negotiations</h3>
<p>
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to
the other Party.
</p>
<h3>Binding Arbitration</h3>
<p>
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Stockholm, Sweden. The
language of the proceedings shall be English. Applicable rules of
substantive law shall be the law of Sweden.
</p>
<h3>Restrictions</h3>
<p>
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
</p>
<h3>Exceptions to Informal Negotiations and Arbitration</h3>
<p>
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
</p>
<h2 id="corrections">22. CORRECTIONS</h2>
<p>
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
</p>
<h2 id="disclaimer">23. DISCLAIMER</h2>
<p>
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
</p>
<h2 id="liability">24. LIMITATIONS OF LIABILITY</h2>
<p>
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
</p>
<h2 id="indemnification">25. INDEMNIFICATION</h2>
<p>
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses, made
by any third party due to or arising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited
to intellectual property rights; or (6) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
</p>
<h2 id="userdata">26. USER DATA</h2>
<p>
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
</p>
<h2 id="electronic">
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
</h2>
<p>
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
</p>
<h2 id="sms">28. SMS TEXT MESSAGING</h2>
<h3>Program Description</h3>
<p>
By opting into any Quo text messaging program, you expressly consent to
receive text messages (SMS) to your mobile number. Quo text messages may
include: responses to inquiries and account alerts.
</p>
<h3>Message Frequency</h3>
<p>
Message frequency varies. Users may receive messages related to account
activity, support responses, and important service updates as needed.
</p>
<h3>Opting Out</h3>
<p>
If at any time you wish to stop receiving SMS messages from us, simply
reply to the text with "STOP." You may receive an SMS message confirming
your opt out. After this, you will no longer receive SMS messages from us.
If you want to join again, please sign up as you did the first time and we
will start sending SMS messages to you again.
</p>
<h3>Message and Data Rates</h3>
<p>
Please be aware that message and data rates may apply to any SMS messages
sent or received. The rates are determined by your carrier and the
specifics of your mobile plan. Carriers are not liable for delayed or
undelivered messages. If you have any questions about your text plan or
data plan, contact your wireless provider.
</p>
<h3>Support</h3>
<p>
If you have any questions or need assistance regarding our SMS
communications, please reply with the keyword HELP. You can also email us
at <a href="mailto:[email protected]">[email protected]</a> or call
at +46733756096. If you have any questions regarding privacy, please read
our Privacy Policy: fluencify.io/privacy-policy.
</p>
<h2 id="california">29. CALIFORNIA USERS AND RESIDENTS</h2>
<p>
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
</p>
<h2 id="misc">30. MISCELLANEOUS</h2>
<p>
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
</p>
<h2 id="contact">31. CONTACT US</h2>
<p>
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
</p>
<address>
<strong>Fluencify AB</strong><br />
Solparksvägen 3<br />
Stockholm, Solna 16954<br />
Sweden<br />
Phone: +46733756096<br />
Email: <a href="mailto:[email protected]">[email protected]</a>
</address>
<p><strong>Last updated:</strong> January 01, 2026</p>
<h2>AGREEMENT TO OUR LEGAL TERMS</h2>
<p>
We are Fluencify AB ("Company," "we," "us," "our"), a company registered
in Sweden at Solparksvägen 3, Stockholm, Solna 16954. Our VAT number is
SE559484625401.
</p>
<p>
We operate the mobile application Fluencify - Get Paid to Create (the
"App"), as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms") (collectively, the
"Services").
</p>
<p>
Fluencify is a digital platform that connects brands with everyday content
creators to produce and distribute authentic short-form video content. The
platform enables brands to scale their social media presence without
managing creators directly, while allowing creators to participate in paid
campaigns regardless of prior experience or audience size.
</p>
<p>
Fluencify provides tools for campaign creation, content submission,
review, and performance tracking. Brands can launch campaigns, set content
requirements, and approve creator submissions, while creators can apply to
campaigns, upload content, and receive compensation upon approval.
</p>
<p>
The platform is designed to prioritize authenticity, brand safety, and
compliance with platform policies. Fluencify does not guarantee
performance outcomes, follower growth, or engagement metrics, and all
content remains subject to the rules and guidelines of third-party
platforms such as Instagram and TikTok.
</p>
<p>
Fluencify operates as a marketplace and does not act as an employer,
talent agency, or representative for creators. Creators participate as
independent users and are responsible for complying with applicable laws,
platform rules, and disclosure requirements.
</p>
<p>
You can contact us by phone at +46733756096, email at
<a href="mailto:[email protected]">[email protected]</a>, or by mail
to Solparksvägen 3, Stockholm, Solna 16954, Sweden.
</p>
<p>
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and Fluencify AB,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
</p>
<p>
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by
<a href="mailto:[email protected]">[email protected]</a>, as stated
in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified
terms.
</p>
<p>
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
</p>
<p>
We recommend that you print a copy of these Legal Terms for your records.
</p>
<h2>TABLE OF CONTENTS</h2>
<ol>
<li><a href="#services">OUR SERVICES</a></li>
<li><a href="#ip">INTELLECTUAL PROPERTY RIGHTS</a></li>
<li><a href="#userreps">USER REPRESENTATIONS</a></li>
<li><a href="#userreg">USER REGISTRATION</a></li>
<li><a href="#purchases">PURCHASES AND PAYMENT</a></li>
<li><a href="#software">SOFTWARE</a></li>
<li><a href="#prohibited">PROHIBITED ACTIVITIES</a></li>
<li><a href="#ugc">USER GENERATED CONTRIBUTIONS</a></li>
<li><a href="#license">CONTRIBUTION LICENSE</a></li>
<li><a href="#reviews">GUIDELINES FOR REVIEWS</a></li>
<li><a href="#mobile">MOBILE APPLICATION LICENSE</a></li>
<li><a href="#socialmedia">SOCIAL MEDIA</a></li>
<li><a href="#thirdparty">THIRD-PARTY WEBSITES AND CONTENT</a></li>
<li><a href="#advertisers">ADVERTISERS</a></li>
<li><a href="#sitemanage">SERVICES MANAGEMENT</a></li>
<li><a href="#ppyes">PRIVACY POLICY</a></li>
<li><a href="#copyrightyes">COPYRIGHT INFRINGEMENTS</a></li>
<li><a href="#terms">TERM AND TERMINATION</a></li>
<li><a href="#modifications">MODIFICATIONS AND INTERRUPTIONS</a></li>
<li><a href="#law">GOVERNING LAW</a></li>
<li><a href="#disputes">DISPUTE RESOLUTION</a></li>
<li><a href="#corrections">CORRECTIONS</a></li>
<li><a href="#disclaimer">DISCLAIMER</a></li>
<li><a href="#liability">LIMITATIONS OF LIABILITY</a></li>
<li><a href="#indemnification">INDEMNIFICATION</a></li>
<li><a href="#userdata">USER DATA</a></li>
<li>
<a href="#electronic"
>ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES</a
>
</li>
<li><a href="#sms">SMS TEXT MESSAGING</a></li>
<li><a href="#california">CALIFORNIA USERS AND RESIDENTS</a></li>
<li><a href="#misc">MISCELLANEOUS</a></li>
<li><a href="#contact">CONTACT US</a></li>
</ol>
<h2 id="services">1. OUR SERVICES</h2>
<p>
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
</p>
<p>
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
</p>
<h2 id="ip">2. INTELLECTUAL PROPERTY RIGHTS</h2>
<h3>Our intellectual property</h3>
<p>
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
</p>
<p>
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
</p>
<p>
The Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
</p>
<h3>Your use of our Services</h3>
<p>
Subject to your compliance with these Legal Terms, including the
<a href="#prohibited">PROHIBITED ACTIVITIES</a> section below, we grant
you a non-exclusive, non-transferable, revocable license to:
</p>
<ul>
<li>access the Services; and</li>
<li>
download or print a copy of any portion of the Content to which you have
properly gained access,
</li>
</ul>
<p>
solely for your personal, non-commercial use or internal business purpose.
</p>
<p>
Except as set out in this section or elsewhere in our Legal Terms, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
</p>
<p>
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to:
<a href="mailto:[email protected]">[email protected]</a>. If we ever
grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
</p>
<p>
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
</p>
<p>
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately.
</p>
<h3>Your submissions and contributions</h3>
<p>
Please review this section and the
<a href="#prohibited">PROHIBITED ACTIVITIES</a> section carefully prior to
using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the
Services.
</p>
<p>
<strong>Submissions:</strong> By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
</p>
<p>
<strong>Contributions:</strong> The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions").
Any Submission that is publicly posted shall also be treated as a
Contribution.
</p>
<p>
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
</p>
<p>
<strong
>When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos):</strong
>
By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats and
through any media channels.
</p>
<p>
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
</p>
<p>
<strong>You are responsible for what you post or upload:</strong> By
sending us Submissions and/or posting Contributions through any part of
the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
</p>
<ul>
<li>
confirm that you have read and agree with our
<a href="#prohibited">PROHIBITED ACTIVITIES</a> and will not post, send,
publish, upload, or transmit through the Services any Submission nor
post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
</li>
<li>
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
</li>
<li>
warrant that any such Submission and/or Contributions are original to
you or that you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
</li>
<li>
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
</li>
</ul>
<p>
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party's
intellectual property rights, or (c) applicable law.
</p>
<p>
<strong>We may remove or edit your Content:</strong> Although we have no
obligation to monitor any Contributions, we shall have the right to remove
or edit any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
</p>
<h3>Copyright infringement</h3>
<p>
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the
<a href="#copyrightyes">COPYRIGHT INFRINGEMENTS</a> section below.
</p>
<h2 id="userreps">3. USER REPRESENTATIONS</h2>
<p>
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Legal Terms; (4) you
are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Services for any
illegal or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
</p>
<p>
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
</p>
<h2 id="userreg">4. USER REGISTRATION</h2>
<p>
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
</p>
<h2 id="purchases">5. PURCHASES AND PAYMENT</h2>
<p>We accept the following forms of payment:</p>
<ul>
<li>PayPal</li>
</ul>
<p>
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in US dollars with deviation based on
Brand Preference.
</p>
<p>
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if
we have already requested or received payment.
</p>
<p>
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
</p>
<h2 id="software">6. SOFTWARE</h2>
<p>
We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"), the
terms of the EULA will govern your use of the software. If such software
is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such software
solely in connection with our services and in accordance with these Legal
Terms. Any software and any related documentation is provided "AS IS"
without warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability, fitness for
a particular purpose, or non-infringement. You accept any and all risk
arising out of use or performance of any software. You may not reproduce
or redistribute any software except in accordance with the EULA or these
Legal Terms.
</p>
<h2 id="prohibited">7. PROHIBITED ACTIVITIES</h2>
<p>
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
</p>
<p>As a user of the Services, you agree not to:</p>
<ul>
<li>
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
</li>
<li>
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
</li>
<li>
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
</li>
<li>
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
</li>
<li>
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
</li>
<li>
Make improper use of our support services or submit false reports of
abuse or misconduct.
</li>
<li>
Use the Services in a manner inconsistent with any applicable laws or
regulations.
</li>
<li>Engage in unauthorized framing of or linking to the Services.</li>
<li>
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party's uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
</li>
<li>
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
</li>
<li>
Delete the copyright or other proprietary rights notice from any
Content.
</li>
<li>
Attempt to impersonate another user or person or use the username of
another user.
</li>
<li>
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
</li>
<li>
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
</li>
<li>
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
</li>
<li>
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
</li>
<li>
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
</li>
<li>
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Services.
</li>
<li>
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
</li>
<li>
Use a buying agent or purchasing agent to make purchases on the
Services.
</li>
<li>
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
</li>
<li>
Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor
or commercial enterprise.
</li>
<li>Sell or otherwise transfer your profile.</li>
<li>
Users may not use the Services to promote goods or services outside of
approved campaigns or in a manner that circumvents Fluencify's platform
rules.
</li>
</ul>
<h2 id="ugc">8. USER GENERATED CONTRIBUTIONS</h2>
<p>
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials
to us or on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
</p>
<ul>
<li>
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
</li>
<li>
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
</li>
<li>
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
</li>
<li>Your Contributions are not false, inaccurate, or misleading.</li>
<li>
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
</li>
<li>
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
</li>
<li>
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
</li>
<li>
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
</li>
<li>
Your Contributions do not violate any applicable law, regulation, or
rule.
</li>
<li>
Your Contributions do not violate the privacy or publicity rights of any
third party.
</li>
<li>
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
</li>
<li>
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
</li>
<li>
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
</li>
</ul>
<p>
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
</p>
<h2 id="license">9. CONTRIBUTION LICENSE</h2>
<p>
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
</p>
<p>
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
</p>
<p>
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We
are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
</p>
<p>
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
</p>
<p>
<strong>Survival of License Upon Account Termination:</strong> The license
granted above is irrevocable and perpetual, meaning it survives the
termination or deletion of your account. Once a video Contribution has
been approved and paid for as part of a campaign, Fluencify and the
applicable Brand retain full rights to use that content as described
above, regardless of whether your account remains active. This ensures
that Brands who have paid for content retain the usage rights they
purchased.
</p>
<h2 id="reviews">10. GUIDELINES FOR REVIEWS</h2>
<p>
We may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hateful language; (3) your reviews should not
contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7)
you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive
or negative.
</p>
<p>
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating to
review.
</p>
<h2 id="mobile">11. MOBILE APPLICATION LICENSE</h2>
<h3>Use License</h3>
<p>
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App
on wireless electronic devices owned or controlled by you, and to access
and use the App on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App;
(3) violate any applicable laws, rules, or regulations in connection with
your access or use of the App; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices
or users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or
in any way a substitute for the App; (8) use the App to send automated
queries to any website or to send any unsolicited commercial email; or (9)
use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with
the App.
</p>
<h3>Apple and Android Devices</h3>
<p>
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor's terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in
the terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3)
in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you represent
and warrant that (i) you are not located in a country that is subject to a
US government embargo, or that has been designated by the US government as
a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the App, e.g.,
if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce
the terms and conditions in this mobile application license contained in
these Legal Terms against you as a third-party beneficiary thereof.
</p>
<h2 id="socialmedia">12. SOCIAL MEDIA</h2>
<p>
As part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers (each
such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand
that (1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party Account
(the "Social Network Content") so that it is available on and through the
Services via your account, including without limitation any friend lists
and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set
in such Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account
on the Services and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
</p>
<h2 id="thirdparty">13. THIRD-PARTY WEBSITES AND CONTENT</h2>
<p>
The Services may contain (or you may be sent via the App) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services
or any Third-Party Content posted on, available through, or installed from
the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or
to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any
losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-Party
Websites.
</p>
<h2 id="advertisers">14. ADVERTISERS</h2>
<p>
We allow advertisers to display their advertisements and other information
in certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
</p>
<h2 id="sitemanage">15. SERVICES MANAGEMENT</h2>
<p>
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
</p>
<h2 id="ppyes">16. PRIVACY POLICY</h2>
<p>
We care about data privacy and security. Please review our Privacy Policy:
<strong>fluencify.io/privacy-policy</strong>. By using the Services, you
agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in Sweden. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in Sweden, then through your continued use of
the Services, you are transferring your data to Sweden, and you expressly
consent to have your data transferred to and processed in Sweden.
</p>
<h2 id="copyrightyes">17. COPYRIGHT INFRINGEMENTS</h2>
<p>
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Services infringes your copyright,
you should consider first contacting an attorney.
</p>
<h2 id="terms">18. TERM AND TERMINATION</h2>
<p>
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
</p>
<p>
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive
redress.
</p>
<h3>Ambassador Account Deletion</h3>
<p>
If you are an Ambassador and wish to delete your account, you may request
deletion through the App's account settings. Upon requesting deletion:
</p>
<ol>
<li>
<strong>Active Campaign Requirement:</strong> You must complete or
withdraw from all active campaigns before your deletion request can be
processed.
</li>
<li>
<strong>30-Day Deactivation Period:</strong> Your account will enter a
30-day deactivation period. During this time, your account will be
marked as inactive, but your data will not be permanently deleted.
</li>
<li>
<strong>Cancellation:</strong> If you log back into your account during
the 30-day period, the deletion request will be automatically cancelled
and your account will be reactivated.
</li>
<li>
<strong>Pending Submissions:</strong> Any pending video submissions will
have the 30-day period to be reviewed by Brands. Videos approved during
this period will be paid according to normal terms.
</li>
<li>
<strong>Payout Processing:</strong> Pending payouts will continue to be
processed during the 30-day period. Any unpaid earnings remaining after
the 30-day period will be forfeited.
</li>
<li>
<strong>Permanent Deletion:</strong> After 30 days of no account
activity, your personal information will be permanently deleted.
However, as stated in Section 9, approved video content for which you
have been compensated remains licensed to Fluencify and applicable
Brands.
</li>
<li>
<strong>Data Retention:</strong> Certain information may be retained as
required by law (such as payout records for tax purposes) or as
permitted by our Privacy Policy.
</li>
</ol>
<h2 id="modifications">19. MODIFICATIONS AND INTERRUPTIONS</h2>
<p>
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
</p>
<p>
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
</p>
<h2 id="law">20. GOVERNING LAW</h2>
<p>
These Legal Terms are governed by and interpreted following the laws of
Sweden, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your
country to residence. Fluencify AB and yourself both agree to submit to
the non-exclusive jurisdiction of the courts of Stockholm, which means
that you may make a claim to defend your consumer protection rights in
regards to these Legal Terms in Sweden, or in the EU country in which you
reside.
</p>
<h2 id="disputes">21. DISPUTE RESOLUTION</h2>
<h3>Informal Negotiations</h3>
<p>
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to
the other Party.
</p>
<h3>Binding Arbitration</h3>
<p>
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Stockholm, Sweden. The
language of the proceedings shall be English. Applicable rules of
substantive law shall be the law of Sweden.
</p>
<h3>Restrictions</h3>
<p>
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
</p>
<h3>Exceptions to Informal Negotiations and Arbitration</h3>
<p>
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
</p>
<h2 id="corrections">22. CORRECTIONS</h2>
<p>
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
</p>
<h2 id="disclaimer">23. DISCLAIMER</h2>
<p>
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
</p>
<h2 id="liability">24. LIMITATIONS OF LIABILITY</h2>
<p>
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
</p>
<h2 id="indemnification">25. INDEMNIFICATION</h2>
<p>
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses, made
by any third party due to or arising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited
to intellectual property rights; or (6) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
</p>
<h2 id="userdata">26. USER DATA</h2>
<p>
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
</p>
<h2 id="electronic">
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
</h2>
<p>
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
</p>
<h2 id="sms">28. SMS TEXT MESSAGING</h2>
<h3>Program Description</h3>
<p>
By opting into any Quo text messaging program, you expressly consent to
receive text messages (SMS) to your mobile number. Quo text messages may
include: responses to inquiries and account alerts.
</p>
<h3>Message Frequency</h3>
<p>
Message frequency varies. Users may receive messages related to account
activity, support responses, and important service updates as needed.
</p>
<h3>Opting Out</h3>
<p>
If at any time you wish to stop receiving SMS messages from us, simply
reply to the text with "STOP." You may receive an SMS message confirming
your opt out. After this, you will no longer receive SMS messages from us.
If you want to join again, please sign up as you did the first time and we
will start sending SMS messages to you again.
</p>
<h3>Message and Data Rates</h3>
<p>
Please be aware that message and data rates may apply to any SMS messages
sent or received. The rates are determined by your carrier and the
specifics of your mobile plan. Carriers are not liable for delayed or
undelivered messages. If you have any questions about your text plan or
data plan, contact your wireless provider.
</p>
<h3>Support</h3>
<p>
If you have any questions or need assistance regarding our SMS
communications, please reply with the keyword HELP. You can also email us
at <a href="mailto:[email protected]">[email protected]</a> or call
at +46733756096. If you have any questions regarding privacy, please read
our Privacy Policy: fluencify.io/privacy-policy.
</p>
<h2 id="california">29. CALIFORNIA USERS AND RESIDENTS</h2>
<p>
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
</p>
<h2 id="misc">30. MISCELLANEOUS</h2>
<p>
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
</p>
<h2 id="contact">31. CONTACT US</h2>
<p>
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
</p>
<address>
<strong>Fluencify AB</strong><br />
Solparksvägen 3<br />
Stockholm, Solna 16954<br />
Sweden<br />
Phone: +46733756096<br />
Email: <a href="mailto:[email protected]">[email protected]</a>
</address>