Effective Date: 3/1/2025

 

Introduction 

Welcome to HasFlair, Co. ("Flair"). These Terms and Conditions ("Terms") govern your use of Flair’s platform and services as an independent user ("you"). By using the site and services, you agree to these Terms, our Privacy Policy, and to receive electronic notifications from Flair. If you do not agree, please discontinue use immediately.

 

Role of Flair 

Flair operates as an intermediary platform connecting independent users with third-party retailers, advertisers, and other businesses ("Brands"). While Flair facilitates connections, it does not guarantee partnerships or payments from Brands and is not responsible for disputes, transactions, or obligations between you and Brands.

 

Independent User Status 

You acknowledge that you are an independent contractor and not an employee, agent, or representative of Flair. These Terms do not create an employment, joint venture, or agency relationship. You are solely responsible for any obligations, liabilities, and taxes arising from your activities on the platform.

 

Definitions 

A Brand refers to any third-party business that partners with Flair. Compensation includes any form of payment, including monetary rewards or product-based incentives, offered by a Brand to a creator. Engagement Data encompasses analytics, insights, or metrics collected about user activity. The Platform includes the technology, software, and services provided by Flair.

 

User Registration & Identification 

To access Flair’s platform, you must provide accurate and up-to-date account information, ensure that the social media accounts you register belong to you, and maintain the confidentiality of your account credentials. Flair reserves the right to request additional verification and to approve, suspend, or terminate accounts at its sole discretion.

 

Compensation & Incentives 

Partnerships facilitated through Flair may involve different forms of compensation, including monetary incentives and non-monetary benefits such as free products or gifts. While Flair assists in facilitating transactions, it does not guarantee payment from Brands. Compensation terms will vary based on agreements between you and the Brand, and Flair does not control or enforce specific compensation structures. Users are responsible for resolving any disputes regarding compensation directly with the Brand.

 

Data Collection & Privacy 

By using Flair, you consent to the collection and processing of your engagement data. Flair owns aggregated and anonymized insights derived from user activity. Users may request deletion of their personal data in compliance with applicable U.S. privacy laws, such as the California Consumer Privacy Act (CCPA).

 

Compliance with Advertising & Platform Policies 

Users must comply with FTC Guidelines, ensuring full disclosure of sponsored content and paid partnerships. Sponsored posts must contain clear and conspicuous disclosures such as #ad or #sponsored at the beginning of the post, ensuring compliance with the FTC's Endorsement Guides. Users should reference the FTC’s official guidelines (FTC Endorsement Guides) for further clarity on compliance requirements. Additionally, users must adhere to the policies of social media platforms such as Instagram, TikTok, and Meta. Failure to comply may result in termination.

 

Intellectual Property
Users acknowledge that all intellectual property rights in the Flair platform, including but not limited to software, databases, trademarks, and proprietary algorithms, belong exclusively to Flair. Users shall not use, copy, distribute, or modify any platform elements beyond what is explicitly permitted in these Terms. Any unauthorized use of Flair’s intellectual property may result in immediate termination of User access to the platform and potential legal action.

 

Proper Use of the Platform 

Users agree not to use bots, automated programs, or any other technological means to manipulate, disrupt, or interfere with Flair’s platform. Unauthorized data collection, including web scraping, database scraping, or any other method designed to extract user or platform information without explicit written permission from Flair, is strictly prohibited. Users may not frame, embed, or otherwise modify Flair’s trademarks, logos, proprietary content, or platform design elements without authorization.

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Furthermore, users may not employ hidden metadata, such as meta tags or alternative text, to falsely associate themselves with Flair. Any attempts to bypass security measures, overload Flair’s infrastructure, or disrupt the proper functioning of the platform, including but not limited to hacking, phishing, or injecting malicious code, will be grounds for immediate account termination. Users also agree not to knowingly provide false information, reverse engineer, disassemble, or decompile any aspect of Flair’s software, tools, or proprietary technologies.

 

Prohibited Content 

Users may not post, share, or distribute content that:

• Contains hate speech, discrimination, or offensive language directed at individuals or groups based on race, ethnicity, nationality, gender, gender identity, sexual orientation, disability, or religion.

• Includes false or misleading claims regarding products, services, or endorsements.

• Promotes illegal activities, violence, self-harm, or explicit adult content.

• Infringes upon intellectual property rights, including copyrighted materials, trademarks, or confidential information.

• Contains spam, phishing, or malicious links intended to harm or deceive users. Flair reserves the right to remove content and suspend or terminate accounts violating these guidelines.

 

Content Ownership & Intellectual Property 

Users retain ownership of their content but grant Flair a non-exclusive, royalty-free license to use their content for promotional purposes. Flair is not responsible for third-party misuse of user content.

 

Restrictions on Promotional Methods 

Users may not bid on Flair-related keywords in paid search campaigns, share commissionable discount codes on external sites without authorization, or use unauthorized browser extensions or software to promote Flair.

 

Non-Solicitation Clause 

Users may not circumvent Flair to work directly with Brands discovered on Flair or solicit Brands discovered through Flair for private collaborations.

 

Indemnification 

Users agree to indemnify, defend, and hold harmless Flair, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with their use of the platform, violation of these Terms, infringement of intellectual property rights, or engagement with Brands. Flair is not liable for indirect, incidental, or consequential damages from platform use, disputes over payments, brand collaborations, or compensation structures, or platform downtimes or unforeseen disruptions.

 

Dispute Resolution by Binding Arbitration; Class Action Waiver 

You and Flair agree to arbitrate any disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement. This includes claims against Flair’s employees, agents, or subsidiaries. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding and uses a neutral arbitrator instead of a judge or jury. The arbitrator’s decision is subject to limited review by courts.

 

All disputes concerning the arbitrability of a claim shall be decided by the arbitrator, including disputes about the scope, interpretation, applicability, enforceability, revocability, or validity of this Agreement. The U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

You and Flair agree that each is giving up the right to a jury trial and may only bring claims against the other in an individual capacity, not as a plaintiff or class member in a class action lawsuit or representative proceeding. The arbitrator may not consolidate or join another person’s claim with your claim. If the class action waiver is found to be unenforceable, the entire arbitration provision shall be null and void.

 

Right to Modify Terms 

Flair reserves the right to modify, amend, or update these Terms at any time, with or without notice. Changes will be communicated through the platform or via email where applicable. Continued use of Flair’s services after modifications constitutes acceptance of the revised Terms.

 

Choice of Law & Jurisdiction 

These Terms are governed by California law. Legal disputes initiated before February 2025 will be resolved in New York courts; after February 2025, in California courts.

 

Taxes 

Users are solely responsible for any income tax liabilities. Flair may deduct applicable taxes where required by law.

 

Marketing Opportunities 

Flair may offer promotional programs with Brands. Enrollment is voluntary, and Flair reserves the right to modify or revoke access to these opportunities at its discretion.