Contents

1. Eligibility & Accounts
2. Plans, Billing, and Trials
3. Acceptable Use
4. User Content & License
5. Intellectual Property
6. Third-Party Services
7. Privacy & Data
8. Brand–Influencer Terms
9. Disclosures, Endorsements & FTC
10. Copyright/DMCA
11. Suspension & Termination
12. Disclaimers
13. Limitation of Liability
14. Indemnification
15. Governing Law & Disputes
16. Changes to the Services or Terms
17. Miscellaneous
18. Contact

1) Eligibility & Accounts

You must be at least 18 years old and able to enter a contract. When you create an account, you agree to provide accurate information, keep your credentials confidential, and be responsible for all activity under your account. If you create an account on behalf of an organization, you represent that you are authorized to bind that organization.

2) Plans, Billing, and Trials

2.1 Subscriptions

Some features require a paid plan (“Subscription”). Subscriptions renew automatically at the end of each billing cycle unless cancelled as stated below.

2.2 Fees and Taxes

You authorize us and our payment processors to charge applicable fees and taxes to your chosen payment method. Prices are shown exclusive of taxes unless noted. You are responsible for all applicable taxes, duties, and bank fees.

2.3 Trials and Promotions

Free trials or promotional offers are subject to these Terms and any posted conditions. At the end of a trial, the plan converts to a paid Subscription unless you cancel before the trial ends.

2.4 Cancellations & Refunds

You may cancel at any time in your account settings; cancellation takes effect at the end of the current term. Except where required by law or expressly stated otherwise, fees are non-refundable.

2.5 Late Payments

We may suspend or downgrade access for unpaid invoices. You remain liable for amounts due.

3) Acceptable Use

You will use the Services only for lawful purposes and in accordance with these rules:

• No scraping, reverse engineering, or bypassing technical protections.
• No uploading of malware or interfering with network integrity.
• No unauthorized collection or processing of personal data.
• No impersonation, misrepresentation, or fraudulent activity.
• No content that is illegal, infringing, defamatory, harassing, or hateful.
• No use of the Services to spam or send unsolicited communications.

4) User Content & License

“User Content” means content you submit, upload, or otherwise make available through the Services, including profile information, campaign briefs, messages, and creatives.

• You retain ownership of your User Content.
• You grant Fluence-AI a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create non-creative technical copies of User Content as necessary to operate, improve, and provide the Services.
• You represent that you have all rights necessary to grant the above license and that your User Content complies with law and these Terms.

5) Intellectual Property

The Services, including software, algorithms, models, designs, databases, and documentation, are owned by Fluence-AI and its licensors and are protected by intellectual property laws. Except for rights expressly granted, no license is implied. Feedback you provide may be used by us without restriction.

6) Third-Party Services

The Services may integrate or link to third-party platforms (e.g., social networks, analytics, payment processors). Your use of third-party services is governed by their terms and policies. We are not responsible for those services.

7) Privacy & Data

Our Privacy Policy explains how we collect, use, and share information. By using the Services, you consent to such processing. If you process personal data as a controller, you are responsible for obtaining all legally required notices and consents. Where applicable, a separate data processing agreement may apply.

Do not upload personal data that is not necessary for your use of the Services. You must secure your account and promptly notify us of any suspected unauthorized access.

8) Brand–Influencer Terms

• Fluence-AI provides tools to connect brands and creators. We do not employ creators, guarantee campaign outcomes, or act as an agent of either party.
• Parties are solely responsible for negotiating scope, deliverables, usage rights, compensation, taxes, and compliance with applicable laws and platform rules.
• Creators must disclose material connections and follow all advertising guidelines (see Section 9).
• Brands are responsible for providing clear briefs and for reviewing content and disclosures before publication.
• Payments between brands and creators may be facilitated through our platform or third-party providers; we are not a bank or money transmitter and are not liable for payment disputes between users.

9) Disclosures, Endorsements & FTC

All sponsored content must comply with applicable advertising and consumer-protection laws, including the U.S. FTC Endorsement Guides. Disclosures must be clear, conspicuous, and placed so audiences will notice (e.g., “#ad,” “#sponsored,” or platform-approved labels). Claims about products must be truthful and substantiated by the brand.

10) Copyright & DMCA

If you believe content infringes your copyright, send a notice to our designated agent: legal@fluence-ai.com. Include: (a) your contact information, (b) identification of the work and the allegedly infringing material, (c) a statement of good-faith belief, (d) a statement under penalty of perjury that you are authorized, and (e) your physical or electronic signature. We may remove content and, for repeat infringement, terminate accounts.

11) Suspension & Termination

We may suspend or terminate access immediately if we believe you violated these Terms, create risk, or for non-payment. You may terminate at any time by cancelling your Subscription and ceasing use. Upon termination, your license to use the Services ends, but Sections that by their nature should survive will survive.

12) Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted or error-free. We do not guarantee specific campaign results, conversions, or revenue.

13) Limitation of Liability

To the fullest extent permitted by law, Fluence-AI and its affiliates, officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, or data, arising from or related to these Terms or the Services, even if advised of the possibility. Our aggregate liability for claims arising out of or relating to the Services will not exceed the greater of (a) the amounts paid by you to Fluence-AI during the 12 months before the event giving rise to liability, or (b) USD $100.

14) Indemnification

You will defend, indemnify, and hold harmless Fluence-AI from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your User Content, or your violation of these Terms or applicable law.

15) Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute will be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in English in San Francisco, California. You waive any right to a jury trial and to participate in a class or representative action. Either party may seek injunctive relief in court for misuse of IP or breach of confidentiality.

16) Changes to the Services or Terms

We may modify the Services and these Terms. Material changes will be posted on this page with a new effective date or communicated by email. Changes take effect upon posting unless stated otherwise. Your continued use after changes means you accept the revised Terms.

17) Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, and any order forms constitute the entire agreement.
• Severability. If any provision is unenforceable, the remainder remains in effect.
• Assignment. You may not assign without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may send notices to your account email. Legal notices to Fluence-AI must be sent to legal@fluence-ai.com.
• No Partnership. Nothing creates a partnership, employment, or agency relationship between users and Fluence-AI.

18) Contact

Questions about these Terms:

ELITETECH INTERNATIONAL LLC
Registered Office:
Trading Address:
info@fluence-ai.com