1. Acceptance of Terms

By accessing and using FlareUpp ("the Platform," "we," "us," or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your access to and use of our influencer marketing platform, including our website, mobile applications, and related services (collectively, the "Services").

2. Description of Service

FlareUpp is an influencer marketing platform that connects organizations with influencers for marketing campaigns. Our Services include:

Campaign creation and management tools
Influencer discovery and matching
Payment processing and escrow services
Performance tracking and analytics
Communication and collaboration tools

3. User Accounts

3.1 Account Creation

To use our Services, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

Organizations: Companies and brands seeking to run influencer marketing campaigns
Influencers: Content creators who participate in marketing campaigns

3.3 Account Responsibilities

You agree to:

Provide accurate and truthful information
Maintain and update your account information
Not share your account credentials with others
Notify us immediately of any unauthorized use
Be responsible for all activities under your account

4. User Conduct

You agree not to:

Violate any applicable laws or regulations
Infringe upon the rights of others
Post false, misleading, or fraudulent information
Engage in spam, phishing, or other malicious activities
Interfere with or disrupt the Services
Attempt to gain unauthorized access to the Platform
Use automated systems to access the Services without permission
Impersonate any person or entity
Harass, abuse, or harm other users
Upload content that violates intellectual property rights

5. Campaigns and Content

5.1 Campaign Creation

Organizations may create campaigns on the Platform. You are responsible for ensuring that your campaigns comply with all applicable laws and regulations, including advertising standards and disclosure requirements.

5.2 Content Submission

Influencers retain ownership of content they create. By submitting content to the Platform, you grant us a license to use, display, and distribute such content in connection with the Services. You represent and warrant that you have all necessary rights to grant such license.

5.3 Content Standards

All content must:

Comply with applicable laws and regulations
Not contain false or misleading information
Respect intellectual property rights
Not be defamatory, obscene, or offensive
Include proper disclosures as required by law

6. Payments and Fees

6.1 Payment Processing

Payments are processed through third-party payment processors. We use escrow services to hold campaign funds until campaign completion. You agree to pay all fees associated with your use of the Services.

6.2 Fees

We charge platform fees on campaigns. Payment processing fees may also apply. All fees are disclosed before you complete a transaction. Fees are non-refundable except as required by law or as explicitly stated in our refund policy.

6.3 Refunds

Refund policies vary by campaign and are subject to the terms agreed upon between organizations and influencers. We reserve the right to process refunds in accordance with our policies and applicable law.

7. Intellectual Property

The Platform and its original content, features, and functionality are owned by FlareUpp and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform without our prior written consent.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

We strive to provide reliable Services but do not guarantee that the Platform will be available, uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue the Services at any time.

8.2 No Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLAREUPP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9. Indemnification

You agree to defend, indemnify, and hold harmless FlareUpp and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

10. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

You may terminate your account at any time by contacting us or using the account deletion features in your account settings.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

11.2 Dispute Resolution Process

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: flareupp.au@gmail.com

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, shall constitute the entire agreement between you and FlareUpp concerning the Services.