Terms and Conditions
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, from
within any country in the world (including the United States and its territories) of
application, content, products, and Digital Services (the “Digital Services”) made
available by FiuzerApp a private limited liability company established in Romania,
registered at the National Trade Register under number Jl/644/23.04.2021.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING
THE DIGITAL SERVICES.
Your access and use of the Digital Services constitutes your agreement to be bound by
these Terms, which establishes a contractual relationship between you and FiuzerApp.
If you do not agree to these Terms, you may not access or use the Digital Services. These
Terms expressly supersede prior agreements or arrangements with you. FiuzerApp may
immediately terminate these Terms or any Digital Services with respect to you, or
generally cease offering or deny access to the Digital Services or any portion thereof, at
any time for any reason.
Supplemental terms may apply to certain Digital Services, such as policies for a
particular event, activity or promotion, and such supplemental terms will be disclosed
to you in connection with the applicable Digital Services. Supplemental terms are in
addition to, and shall be deemed a part of, the Terms for the purposes of the applicable
Digital Services. Supplemental terms shall prevail over these Terms in the event of a
conflict with respect to the applicable Digital Services.
FiuzerApp may amend the Terms related to the Digital Services and Prices from time to
time. Amendments will be effective upon FiuzerApp posting of such updated Terms at
this location or the amended policies or supplemental terms on the applicable Digital
Service. Your continued access or use of the Digital Services after such posting
constitutes your consent to be bound by the Terms and Prices, as amended.
2. The Digital Services
The Digital Services constitute a technology platform that enables users as part of the
Digital Services (an “Application”) Fiuzer Apllication and Fiuzer Admin Panel (for
agencies)
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, from
within any country in the world (including the United States and its territories) of
application, content, products, and Digital Services (the “Digital Services”) made
available by FiuzerApp a private limited liability company established in Romania,
registered at the National Trade Register under number Jl/644/23.04.2021.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING
THE DIGITAL SERVICES.
Your access and use of the Digital Services constitutes your agreement to be bound by
these Terms, which establishes a contractual relationship between you and FiuzerApp.
If you do not agree to these Terms, you may not access or use the Digital Services. These
Terms expressly supersede prior agreements or arrangements with you. FiuzerApp may
immediately terminate these Terms or any Digital Services with respect to you, or
generally cease offering or deny access to the Digital Services or any portion thereof, at
any time for any reason.
Supplemental terms may apply to certain Digital Services, such as policies for a
particular event, activity or promotion, and such supplemental terms will be disclosed
to you in connection with the applicable Digital Services. Supplemental terms are in
addition to, and shall be deemed a part of, the Terms for the purposes of the applicable
Digital Services. Supplemental terms shall prevail over these Terms in the event of a
conflict with respect to the applicable Digital Services.
FiuzerApp may amend the Terms related to the Digital Services and Prices from time to
time. Amendments will be effective upon FiuzerApp posting of such updated Terms at
this location or the amended policies or supplemental terms on the applicable Digital
Service. Your continued access or use of the Digital Services after such posting
constitutes your consent to be bound by the Terms and Prices, as amended.
2. The Digital Services
The Digital Services constitute a technology platform that enables users as part of the
Digital Services (an “Application”) Fiuzer Apllication and Fiuzer Admin Panel (for
agencies)
License.
Subject to your compliance with these Terms, FiuzerApp grants you a limited, non-
exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and
use the Application on your personal device solely in connection with your use of the
Digital Services; and (ii) access and use any content, information and related materials
that may be made available through the Digital Services, in each case solely for your
personal, noncommercial use. Any rights not expressly granted herein are reserved by
FiuzerApp and FiuzerApp’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any
portion of the Digital Services; (ii) reproduce, modify, prepare derivative works based
upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Digital Services except as
expressly permitted by FiuzerApp; (iii) decompile, reverse engineer or disassemble the
Digital Services except as may be permitted by applicable law; (iv) link to, mirror or
frame any portion of the Digital Services; (v) cause or launch any programs or scripts
for the purpose of scraping, indexing, surveying, or otherwise data mining any portion
of the Digital Services or unduly burdening or hindering the operation and/or
functionality of any aspect of the Digital Services; or (vi) attempt to gain unauthorized
access to or impair any aspect of the Digital Services or its related systems or networks.
Provision of the Digital Services.
You acknowledge that portions of the Digital Services may be made available under
FiuzerApp You also acknowledge that the Digital Services may be made available under
such brands or request options by or in connection with: (i) certain of FiuzerApp
subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Digital Services and Content.
The Digital Services may be made available or accessed in connection with third party
Digital Services and content (including advertising) that FiuzerApp does not control. You
acknowledge that different terms of use and privacy policies may apply to your use of
such third party Digital Services and content. FiuzerApp does not endorse such third
party Digital Services and content and in no event shall FiuzerApp be responsible or
liable for any products or Digital Services of such third party providers. Additionally,
Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their
applicable international subsidiaries and affiliates will be third-party beneficiaries to
this contract if you access the Digital Services using Applications developed for Apple
iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively.
These third party beneficiaries are not parties to this contract and are not responsible
Subject to your compliance with these Terms, FiuzerApp grants you a limited, non-
exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and
use the Application on your personal device solely in connection with your use of the
Digital Services; and (ii) access and use any content, information and related materials
that may be made available through the Digital Services, in each case solely for your
personal, noncommercial use. Any rights not expressly granted herein are reserved by
FiuzerApp and FiuzerApp’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any
portion of the Digital Services; (ii) reproduce, modify, prepare derivative works based
upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Digital Services except as
expressly permitted by FiuzerApp; (iii) decompile, reverse engineer or disassemble the
Digital Services except as may be permitted by applicable law; (iv) link to, mirror or
frame any portion of the Digital Services; (v) cause or launch any programs or scripts
for the purpose of scraping, indexing, surveying, or otherwise data mining any portion
of the Digital Services or unduly burdening or hindering the operation and/or
functionality of any aspect of the Digital Services; or (vi) attempt to gain unauthorized
access to or impair any aspect of the Digital Services or its related systems or networks.
Provision of the Digital Services.
You acknowledge that portions of the Digital Services may be made available under
FiuzerApp You also acknowledge that the Digital Services may be made available under
such brands or request options by or in connection with: (i) certain of FiuzerApp
subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Digital Services and Content.
The Digital Services may be made available or accessed in connection with third party
Digital Services and content (including advertising) that FiuzerApp does not control. You
acknowledge that different terms of use and privacy policies may apply to your use of
such third party Digital Services and content. FiuzerApp does not endorse such third
party Digital Services and content and in no event shall FiuzerApp be responsible or
liable for any products or Digital Services of such third party providers. Additionally,
Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their
applicable international subsidiaries and affiliates will be third-party beneficiaries to
this contract if you access the Digital Services using Applications developed for Apple
iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively.
These third party beneficiaries are not parties to this contract and are not responsible
for the provision or support of the Digital Services in any manner. Your access to the
Digital Services using these devices is subject to terms set forth in the applicable third
party beneficiary’s terms of Digital Service.
Ownership.
The Digital Services and all rights therein are and shall remain FiuzerApp property or
the property of FiuzerApp licensors. Neither these Terms nor your use of the Digital
Services convey or grant to you any rights: (i) in or related to the Digital Services except
for the limited license granted above; or (ii) to use or reference in any manner
FiuzerApp’s company names, logos, product and Digital Service names, trademarks or
Digital Services marks or those of FiuzerApp’s licensors.
3. Your Use of the Digital Services
User Accounts.
In order to use most aspects of the Digital Services, you must register for and maintain
an active personal user Digital Services account (“Account”). You must be at least 18
years of age, or the age of legal majority in your jurisdiction (if different than 18), to
obtain an Account. Account registration requires you to submit to FiuzerApp certain
personal information, such as your name, address, mobile phone number and age, as
well as at least one valid payment method (either a credit card or accepted payment
partner). You agree to maintain accurate, complete, and up-to-date information in your
Account. Your failure to maintain accurate, complete, and up-to-date Account
information, including having an invalid or expired payment method on file, may result
in your inability to access and use the Digital Services. You are responsible for all
activity that occurs under your Account, and you agree to maintain the security and
secrecy of your Account username and password at all times. Unless otherwise
permitted by FiuzerApp in writing, you may only possess one Account.
User Requirements and Conduct.
The Digital Service is not available for use by persons under the age of 18. You may not
authorize third parties to use your Account. You may not assign or otherwise transfer
your Account to any other person or entity.
User Provided Content.
FiuzerApp may, in FiuzerApp sole discretion, permit you from time to time to submit,
upload, publish or otherwise make available to FiuzerApp through the Digital Services
textual, audio, and/or visual content and information, including commentary and
feedback related to the Digital Services, initiation of support requests, and submission
of entries for competitions and promotions (“User Content”). Any User Content
provided by you remains your property. However, by providing User Content to
Digital Services using these devices is subject to terms set forth in the applicable third
party beneficiary’s terms of Digital Service.
Ownership.
The Digital Services and all rights therein are and shall remain FiuzerApp property or
the property of FiuzerApp licensors. Neither these Terms nor your use of the Digital
Services convey or grant to you any rights: (i) in or related to the Digital Services except
for the limited license granted above; or (ii) to use or reference in any manner
FiuzerApp’s company names, logos, product and Digital Service names, trademarks or
Digital Services marks or those of FiuzerApp’s licensors.
3. Your Use of the Digital Services
User Accounts.
In order to use most aspects of the Digital Services, you must register for and maintain
an active personal user Digital Services account (“Account”). You must be at least 18
years of age, or the age of legal majority in your jurisdiction (if different than 18), to
obtain an Account. Account registration requires you to submit to FiuzerApp certain
personal information, such as your name, address, mobile phone number and age, as
well as at least one valid payment method (either a credit card or accepted payment
partner). You agree to maintain accurate, complete, and up-to-date information in your
Account. Your failure to maintain accurate, complete, and up-to-date Account
information, including having an invalid or expired payment method on file, may result
in your inability to access and use the Digital Services. You are responsible for all
activity that occurs under your Account, and you agree to maintain the security and
secrecy of your Account username and password at all times. Unless otherwise
permitted by FiuzerApp in writing, you may only possess one Account.
User Requirements and Conduct.
The Digital Service is not available for use by persons under the age of 18. You may not
authorize third parties to use your Account. You may not assign or otherwise transfer
your Account to any other person or entity.
User Provided Content.
FiuzerApp may, in FiuzerApp sole discretion, permit you from time to time to submit,
upload, publish or otherwise make available to FiuzerApp through the Digital Services
textual, audio, and/or visual content and information, including commentary and
feedback related to the Digital Services, initiation of support requests, and submission
of entries for competitions and promotions (“User Content”). Any User Content
provided by you remains your property. However, by providing User Content to
FiuzerApp, you grant FiuzerApp a worldwide, perpetual, irrevocable, transferrable,
royalty-free license, with the right to sublicense, to use, copy, modify, create derivative
works of, distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all formats and distribution channels now known or
hereafter devised (including in connection with the Digital Services and FiuzerApp
business and on third-party sites and Digital Services), without further notice to or
consent from you.
You represent and warrant that: (i) you either are the sole and exclusive owner of all
User Content or you have all rights, licenses, consents and releases necessary to grant
FiuzerApp the license to the User Content as set forth above; and (ii) neither the User
Content nor your submission, uploading, publishing or otherwise making available of
such User Content nor FiuzerApp use of the User Content as permitted herein will
infringe, misappropriate or violate a third party’s intellectual property or proprietary
rights, or rights of publicity or privacy, or result in the violation of any applicable law
or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent,
obscene, pornographic, unlawful, or otherwise offensive, as determined by FiuzerApp
in its sole discretion, whether or not such material may be protected by law. FiuzerApp
may, but shall not be obligated to, review, monitor, or remove User Content, at
FiuzerApp sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Digital
Services. Your mobile network’s data and messaging rates and fees may apply if you
access or use the Digital Services from a wireless-enabled device and you shall be
responsible for such rates and fees. You are responsible for acquiring and updating
compatible hardware or devices necessary to access and use the Digital Services and
Applications and any updates thereto. FiuzerApp does not guarantee that the Digital
Services, or any portion thereof, will function on any particular hardware or devices. In
addition, the Digital Services may be subject to malfunctions and delays inherent in the
use of the Internet and electronic communications.
4. Payment
You understand that use of the Digital Services result in charges to you for the Digital
Services. Based on these "Terms & Conditions" we will issue an invoice based on the
services that have been mutually chosen from our service grid. Access to material
statistics is optional and requires an additional fee. After you have received Digital
Services obtained through your use of the Digital Service, FiuzerApp will facilitate your
payment.
royalty-free license, with the right to sublicense, to use, copy, modify, create derivative
works of, distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all formats and distribution channels now known or
hereafter devised (including in connection with the Digital Services and FiuzerApp
business and on third-party sites and Digital Services), without further notice to or
consent from you.
You represent and warrant that: (i) you either are the sole and exclusive owner of all
User Content or you have all rights, licenses, consents and releases necessary to grant
FiuzerApp the license to the User Content as set forth above; and (ii) neither the User
Content nor your submission, uploading, publishing or otherwise making available of
such User Content nor FiuzerApp use of the User Content as permitted herein will
infringe, misappropriate or violate a third party’s intellectual property or proprietary
rights, or rights of publicity or privacy, or result in the violation of any applicable law
or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent,
obscene, pornographic, unlawful, or otherwise offensive, as determined by FiuzerApp
in its sole discretion, whether or not such material may be protected by law. FiuzerApp
may, but shall not be obligated to, review, monitor, or remove User Content, at
FiuzerApp sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Digital
Services. Your mobile network’s data and messaging rates and fees may apply if you
access or use the Digital Services from a wireless-enabled device and you shall be
responsible for such rates and fees. You are responsible for acquiring and updating
compatible hardware or devices necessary to access and use the Digital Services and
Applications and any updates thereto. FiuzerApp does not guarantee that the Digital
Services, or any portion thereof, will function on any particular hardware or devices. In
addition, the Digital Services may be subject to malfunctions and delays inherent in the
use of the Internet and electronic communications.
4. Payment
You understand that use of the Digital Services result in charges to you for the Digital
Services. Based on these "Terms & Conditions" we will issue an invoice based on the
services that have been mutually chosen from our service grid. Access to material
statistics is optional and requires an additional fee. After you have received Digital
Services obtained through your use of the Digital Service, FiuzerApp will facilitate your
payment.
All Charges are due immediately and payment will be facilitated by FiuzerApp using the
preferred payment method designated in your Account, after which FiuzerApp will send
you a receipt by email. If your primary Account payment method is determined to be
expired, invalid or otherwise not able to be charged, you agree that FiuzerApp may, as
the Third Party Provider’s limited payment collection agent, use a secondary payment
method in your Account, if available.
As between you and FiuzerApp reserves the right to establish, remove and/or revise
Charges for any or all Digital Services or goods obtained through the use of the Digital
Services at any time in FiuzerApp sole discretion.
The payment structure is intended to fully compensate the Third Party Provider for the
Digital Services provided.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FIUZERAPP
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN ADDITION, FIUZERAPP MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY OR AVAILABILITY OF THE DIGITAL SERVICES OR ANY DIGITAL
SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE DIGITAL SERVICES,
OR THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
FIUZERAPP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY
OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF
YOUR USE OF THE DIGITAL SERVICES, AND ANY DIGITAL SERVICE OR GOOD
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
FIUZERAPP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE DIGITAL
SERVICES, EVEN IF FIUZERAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FIUZERAPP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR
LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DIGITAL SERVICES
OR YOUR INABILITY TO ACCESS OR USE THE DIGITAL SERVICES; OR (ii) ANY
TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
preferred payment method designated in your Account, after which FiuzerApp will send
you a receipt by email. If your primary Account payment method is determined to be
expired, invalid or otherwise not able to be charged, you agree that FiuzerApp may, as
the Third Party Provider’s limited payment collection agent, use a secondary payment
method in your Account, if available.
As between you and FiuzerApp reserves the right to establish, remove and/or revise
Charges for any or all Digital Services or goods obtained through the use of the Digital
Services at any time in FiuzerApp sole discretion.
The payment structure is intended to fully compensate the Third Party Provider for the
Digital Services provided.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FIUZERAPP
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN ADDITION, FIUZERAPP MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY OR AVAILABILITY OF THE DIGITAL SERVICES OR ANY DIGITAL
SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE DIGITAL SERVICES,
OR THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
FIUZERAPP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY
OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF
YOUR USE OF THE DIGITAL SERVICES, AND ANY DIGITAL SERVICE OR GOOD
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
FIUZERAPP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE DIGITAL
SERVICES, EVEN IF FIUZERAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FIUZERAPP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR
LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DIGITAL SERVICES
OR YOUR INABILITY TO ACCESS OR USE THE DIGITAL SERVICES; OR (ii) ANY
TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
PROVIDER, EVEN IF FIUZERAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FIUZERAPP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND FIUZERAPP REASONABLE
CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION
Indemnity.
You agree to indemnify and hold FiuzerApp and its officers, directors, employees and
agents harmless from any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees) arising out of or in connection with: (i) your use of the Digital
Services or Digital Services or goods obtained through your use of the Digital Services;
(ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any
third party, including Third Party Providers.
• ACCESS TO THE DIGITAL DIGITAL SERVICES AS A BRAND
If you intend to access and use the Digital Services as a representative of a business or
as a natural person, for your own benefit for the purpose of publishing offers for
promotional campaigns (“Campaign”) with the Influencers, you will have to set up
a Business Account and provide in your profile certain information such as full name,
email address, phone number, location and other data necessary to establish contacts.
You have access to the brand part of the application, from where they can create new
campaigns, accept influencers, collaborate with them and accept or reject materials
created by influencers, in turn they will see statistics from influencer posts.
• ACCESS TO THE DIGITAL SERVICES AS AN INFLUENCER & ELIGIBILITY
CRITERIA
If you intend to access and use the Digital Services as an Influencer, you will have to set
up an Influencer Account and provide in your profile certain information such as full
name, date of birth, gender, email address, phone number, location, and personal
interests. Furthermore, exists the possibility of collaborating with influencers and
influencer marketing agencies for their own campaigns, provided that they do not have
an exclusivity contract with any other agency.
The conditions apply when setting up an Influencer Account:
• You must connect at least one social network platform (Facebook / Instagram /
Google / X and/or TikTok) to your account and fulfill the approval conditions for
at least one connected social network platform.
• Your indicated social network profile must be public.
DAMAGES. FIUZERAPP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND FIUZERAPP REASONABLE
CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION
Indemnity.
You agree to indemnify and hold FiuzerApp and its officers, directors, employees and
agents harmless from any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees) arising out of or in connection with: (i) your use of the Digital
Services or Digital Services or goods obtained through your use of the Digital Services;
(ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any
third party, including Third Party Providers.
• ACCESS TO THE DIGITAL DIGITAL SERVICES AS A BRAND
If you intend to access and use the Digital Services as a representative of a business or
as a natural person, for your own benefit for the purpose of publishing offers for
promotional campaigns (“Campaign”) with the Influencers, you will have to set up
a Business Account and provide in your profile certain information such as full name,
email address, phone number, location and other data necessary to establish contacts.
You have access to the brand part of the application, from where they can create new
campaigns, accept influencers, collaborate with them and accept or reject materials
created by influencers, in turn they will see statistics from influencer posts.
• ACCESS TO THE DIGITAL SERVICES AS AN INFLUENCER & ELIGIBILITY
CRITERIA
If you intend to access and use the Digital Services as an Influencer, you will have to set
up an Influencer Account and provide in your profile certain information such as full
name, date of birth, gender, email address, phone number, location, and personal
interests. Furthermore, exists the possibility of collaborating with influencers and
influencer marketing agencies for their own campaigns, provided that they do not have
an exclusivity contract with any other agency.
The conditions apply when setting up an Influencer Account:
• You must connect at least one social network platform (Facebook / Instagram /
Google / X and/or TikTok) to your account and fulfill the approval conditions for
at least one connected social network platform.
• Your indicated social network profile must be public.
• You must have at least 500 followers on your social media profile. Your followers
must be real and publicly active.
• You must have at least one post in the last week prior to your setting up of the
Influencer Account on the indicated social network profile.
• In the last 3 months, you must have at least 1 public posts on your social media
profile.
• You must have high-profile content (as reasonably determined by FiuzerApp) on
the indicated social network profile. Your content must have advertising or
sponsored posts, and personal posts about your opinions, lifestyle, etc. that are
relevant to the type of content usually posted on your social network profile.
• Public posts must respect copyright.
• The following types of content are prohibited, either directly or by appreciation
or reference to such content: content that harasses, intimidates, or incites
hatred; content that instigates, promotes, or encourages the consumption of
drugs or prohibited substances, acts and actions that are prohibited by law;
content that includes obscene, vulgar, or offensive language or gestures; content
that promotes or encourages violence or discrimination, of any kind; sexually
explicit content or explicit nudity.
• If bugs or problems occur with the application, it is the responsibility of our
collaborators to notify us as soon as possible so that we can fix the problem.
After we verify that your account meets the eligibility criteria herein, you will be able
finish setting up your Influencer Account and access offers of the Campaign published
by Brands. We will notify you of any changes to these eligibility conditions, upon your
registration and at any time thereafter. We reserve the right to update the previous
conditions and establish additional conditions that will have to be respected and
implemented by the Influencer within the reasonable time that will be brought to his
attention.
You can see active campaigns in the app, apply to them, post materials in the app and
once they are accepted, they can post them on social networks. You also have access to
the statistics of the materials.
• ACCESS TO THE DIGITAL SERVICES AS AN PR AGENCY
You have access to the admin panel where they can control what happens in the
application, what brands exist, Campaigns and influencers are accepted. You will also
must be real and publicly active.
• You must have at least one post in the last week prior to your setting up of the
Influencer Account on the indicated social network profile.
• In the last 3 months, you must have at least 1 public posts on your social media
profile.
• You must have high-profile content (as reasonably determined by FiuzerApp) on
the indicated social network profile. Your content must have advertising or
sponsored posts, and personal posts about your opinions, lifestyle, etc. that are
relevant to the type of content usually posted on your social network profile.
• Public posts must respect copyright.
• The following types of content are prohibited, either directly or by appreciation
or reference to such content: content that harasses, intimidates, or incites
hatred; content that instigates, promotes, or encourages the consumption of
drugs or prohibited substances, acts and actions that are prohibited by law;
content that includes obscene, vulgar, or offensive language or gestures; content
that promotes or encourages violence or discrimination, of any kind; sexually
explicit content or explicit nudity.
• If bugs or problems occur with the application, it is the responsibility of our
collaborators to notify us as soon as possible so that we can fix the problem.
After we verify that your account meets the eligibility criteria herein, you will be able
finish setting up your Influencer Account and access offers of the Campaign published
by Brands. We will notify you of any changes to these eligibility conditions, upon your
registration and at any time thereafter. We reserve the right to update the previous
conditions and establish additional conditions that will have to be respected and
implemented by the Influencer within the reasonable time that will be brought to his
attention.
You can see active campaigns in the app, apply to them, post materials in the app and
once they are accepted, they can post them on social networks. You also have access to
the statistics of the materials.
• ACCESS TO THE DIGITAL SERVICES AS AN PR AGENCY
You have access to the admin panel where they can control what happens in the
application, what brands exist, Campaigns and influencers are accepted. You will also
have access to influencer materials, Campaign prices and other details plus statistics
of the materials created by the influencer.
• CONDITIONS WITH RESPECT TO THE BUSINESS AND INFLUENCER
ACCOUNTS
Irrespective of the type of account you set up, all information provided must be current,
correct, and complete. Incomplete, ineligible, or incomprehensible information will not
be valid. You must be logged in to your Business Account or Influencer Account each
time you want to use the Digital Services. You may not use another person’s account to
access any Digital Services (whether such account is a Business Account or an
Influencer Account) without their permission.
You are solely responsible for maintaining the confidentiality of your account details
and for any activity in your Business Account or Influencer Account. You may not post,
transmit or share information on the Digital Services that you do not own or have
permission to display, publish or post. You agree to indemnify and hold harmless each
and any other user of the Digital Services having either a Business Account or an
Influencer Account and FiuzerApp and its affiliates from and against any loss, damages
or costs arising from or in connection with any content you post on the Digital Services.
You agree to immediately notify FiuzerApp of any unauthorized use of your Business
Account or Influencer Account or any other breach of security. FiuzerApp will not be
liable for any loss or damage caused by non-compliance with this provision.
FiuzerApp reserves the absolute discretion to terminate your Business Account or
Influencer Account and/or access to the Digital Services if it believes that you are
abusing or modifying the Digital Services in any way and/or that you have violated these
Terms, including situations where the eligibility criteria are not met, which must be
maintained throughout the collaboration (and not just at the activation of the account).
FiuzerApp reserves the right to recover damages or other compensation from the
person who violated the aforementioned provisions. In the case of a post, it will be kept
in public feeds for at least 2 days, unless the Brand requests a longer period. Otherwise,
access to FiuzerApp may be restricted, it may be considered a breach of contractual
conditions, and the right to corresponding compensation may be forfeited.
6.INTELLECTUAL PROPERTY
For the purposes of these Terms, “Intellectual Property Rights” means any intellectual
property rights (including industrial property rights) as well as any other similar rights
which may exist anywhere in the world (worldwide), including but not limited to,
copyright, moral right, neighboring rights, rights similar to the copyright, sui-generis
rights, including sui-generis rights over databases, other rights which may be
subsequently acknowledged over databases, any rights in any computer software, any
of the materials created by the influencer.
• CONDITIONS WITH RESPECT TO THE BUSINESS AND INFLUENCER
ACCOUNTS
Irrespective of the type of account you set up, all information provided must be current,
correct, and complete. Incomplete, ineligible, or incomprehensible information will not
be valid. You must be logged in to your Business Account or Influencer Account each
time you want to use the Digital Services. You may not use another person’s account to
access any Digital Services (whether such account is a Business Account or an
Influencer Account) without their permission.
You are solely responsible for maintaining the confidentiality of your account details
and for any activity in your Business Account or Influencer Account. You may not post,
transmit or share information on the Digital Services that you do not own or have
permission to display, publish or post. You agree to indemnify and hold harmless each
and any other user of the Digital Services having either a Business Account or an
Influencer Account and FiuzerApp and its affiliates from and against any loss, damages
or costs arising from or in connection with any content you post on the Digital Services.
You agree to immediately notify FiuzerApp of any unauthorized use of your Business
Account or Influencer Account or any other breach of security. FiuzerApp will not be
liable for any loss or damage caused by non-compliance with this provision.
FiuzerApp reserves the absolute discretion to terminate your Business Account or
Influencer Account and/or access to the Digital Services if it believes that you are
abusing or modifying the Digital Services in any way and/or that you have violated these
Terms, including situations where the eligibility criteria are not met, which must be
maintained throughout the collaboration (and not just at the activation of the account).
FiuzerApp reserves the right to recover damages or other compensation from the
person who violated the aforementioned provisions. In the case of a post, it will be kept
in public feeds for at least 2 days, unless the Brand requests a longer period. Otherwise,
access to FiuzerApp may be restricted, it may be considered a breach of contractual
conditions, and the right to corresponding compensation may be forfeited.
6.INTELLECTUAL PROPERTY
For the purposes of these Terms, “Intellectual Property Rights” means any intellectual
property rights (including industrial property rights) as well as any other similar rights
which may exist anywhere in the world (worldwide), including but not limited to,
copyright, moral right, neighboring rights, rights similar to the copyright, sui-generis
rights, including sui-generis rights over databases, other rights which may be
subsequently acknowledged over databases, any rights in any computer software, any
rights in any software and hardware configurations, rights to inventions, rights to a
patent, rights arising out of a patent application, rights arising out of a patent certificate,
rights related to a technical accomplishment, rights in utility models, rights arising out
of an utility model application, rights arising out of an utility model certificate, rights
arising out of a trademark application, rights arising out of a trademark certificate,
rights in a geographical indication, rights arising out of a geographical indication
certificate, rights in ornamental designs, rights arising out of ornamental designs
applications, rights arising out of ornamental designs certificates, rights in
topographies of semiconductors, rights arising out of certificates of topographies and
semiconductors, commercial/trade name rights, domain names rights, know-how
rights, rights in confidential information (including but not limited to trade secrets), as
well as any other intellectual property rights and other similar or equivalent rights
which exist or shall arise in the future worldwide, regardless of whether they are
registered or not, together with their renewals, extensions, restitutions as well as all
applications related to such rights (whether registered or not), all registrations and
pending registrations regarding any of the above-mentioned rights, the benefit of any
pending registration and the right to file for the registration of such rights, as well as all
action-related rights, powers or benefits arising or resulting thereof, regarding any of
the above-mentioned rights, including actions against infringement and the right to sue
for recovering any damages for past infringements.
The Intellectual Property Rights pertaining to your jurisdiction area.
USER SUBMISSIONS
The Digital Services may permit you as an Influencer to submit through Digital Services
information, data, text, messages, photograph, videos, or other materials, including any
content created by you in connection with the Collaborations (each, a “User
Submission”). You agree that you are solely responsible for all of your User
Submissions and that any such User Submission is considered both non-confidential
and non-proprietary, and you represent and warrant that you have all rights necessary
to contribute, in any manner, the User Submission through the Digital Services, in the
manner in which you contribute it. Further, we do not guarantee that you will be able to
edit or delete any User Submission you have submitted.
Any information or content publicly posted or privately transmitted through the Digital
Services and any User Submission is the sole responsibility of the person from whom
such information or content originated, and you access all such information and content
at your own risk, and we are not liable for any errors or omissions in that information
or content or for any damages or loss you might suffer in connection with it. We cannot
control and have no duty to take any action regarding how you may interpret and use
such information or content (including without limitation any User Submissions) or
what actions you may take as a result of having been exposed to such information or
content, and you hereby release us from all liability for you having acquired or not
acquired such information or content through the Digital Services. We cannot guarantee
patent, rights arising out of a patent application, rights arising out of a patent certificate,
rights related to a technical accomplishment, rights in utility models, rights arising out
of an utility model application, rights arising out of an utility model certificate, rights
arising out of a trademark application, rights arising out of a trademark certificate,
rights in a geographical indication, rights arising out of a geographical indication
certificate, rights in ornamental designs, rights arising out of ornamental designs
applications, rights arising out of ornamental designs certificates, rights in
topographies of semiconductors, rights arising out of certificates of topographies and
semiconductors, commercial/trade name rights, domain names rights, know-how
rights, rights in confidential information (including but not limited to trade secrets), as
well as any other intellectual property rights and other similar or equivalent rights
which exist or shall arise in the future worldwide, regardless of whether they are
registered or not, together with their renewals, extensions, restitutions as well as all
applications related to such rights (whether registered or not), all registrations and
pending registrations regarding any of the above-mentioned rights, the benefit of any
pending registration and the right to file for the registration of such rights, as well as all
action-related rights, powers or benefits arising or resulting thereof, regarding any of
the above-mentioned rights, including actions against infringement and the right to sue
for recovering any damages for past infringements.
The Intellectual Property Rights pertaining to your jurisdiction area.
USER SUBMISSIONS
The Digital Services may permit you as an Influencer to submit through Digital Services
information, data, text, messages, photograph, videos, or other materials, including any
content created by you in connection with the Collaborations (each, a “User
Submission”). You agree that you are solely responsible for all of your User
Submissions and that any such User Submission is considered both non-confidential
and non-proprietary, and you represent and warrant that you have all rights necessary
to contribute, in any manner, the User Submission through the Digital Services, in the
manner in which you contribute it. Further, we do not guarantee that you will be able to
edit or delete any User Submission you have submitted.
Any information or content publicly posted or privately transmitted through the Digital
Services and any User Submission is the sole responsibility of the person from whom
such information or content originated, and you access all such information and content
at your own risk, and we are not liable for any errors or omissions in that information
or content or for any damages or loss you might suffer in connection with it. We cannot
control and have no duty to take any action regarding how you may interpret and use
such information or content (including without limitation any User Submissions) or
what actions you may take as a result of having been exposed to such information or
content, and you hereby release us from all liability for you having acquired or not
acquired such information or content through the Digital Services. We cannot guarantee
the identity of any users with whom you interact in using the Digital Services and are
not responsible for which users gain access to the Digital Services.
We may, but are not obligated to, pre-screen User Submissions or monitor the Digital
Services through which User Submissions may be submitted. We are not required to
host, display, or distribute any User Submissions on or through the Digital Services and
may remove at any time or refuse any User Submissions for any reason. We are not
responsible for any loss, theft, or damage of any kind to any User Submissions.
By submitting any User Submission, and in connection with any User Submission you
are promising us that and you are solely and fully civilly, administratively and criminally
liable for:
ü You own all rights in your User Submissions (including, without limitation, all
rights to the reproduction and display of your User Submissions) or,
alternatively, you have acquired all necessary rights in your User Submissions to
enable you to grant to us the rights in your User Submissions as described in
these Terms;
ü You have paid and will pay in full all license fees, clearance fees, and other
financial obligations, of any kind, arising from any use or commercial
exploitation of your User Submissions;
ü Your User Submissions do not infringe the Intellectual Property Rights, privacy
rights, or any other legal or moral rights of any third party;
ü Any information contained in your User Submission is not known by you to be
false, inaccurate, or misleading;
ü Your User Submission does not violate any law and does not encourage the
violation of any law (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination, marijuana,
alcohol or drug use, or false advertising);
ü Your User Submission is not, and may not reasonably be considered to be,
defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise
biased or offensive, unlawfully threatening, or unlawfully harassing to any
individual, partnership, or corporation, vulgar, pornographic, obscene, or
invasive of another’s privacy;
ü You were not and will not be compensated or granted any consideration by any
third party for submitting or otherwise in connection with your User Submission;
ü Your User Submission does not incorporate materials from a third-party Digital
Services, or addresses, email addresses, contact information, or phone numbers
(other than your own);
ü Your User Submission does not contain any viruses, worms, spyware, adware,
or other potentially damaging programs or files;
ü Your User Submission does not contain any information that you consider
confidential, proprietary, or personal; and
not responsible for which users gain access to the Digital Services.
We may, but are not obligated to, pre-screen User Submissions or monitor the Digital
Services through which User Submissions may be submitted. We are not required to
host, display, or distribute any User Submissions on or through the Digital Services and
may remove at any time or refuse any User Submissions for any reason. We are not
responsible for any loss, theft, or damage of any kind to any User Submissions.
By submitting any User Submission, and in connection with any User Submission you
are promising us that and you are solely and fully civilly, administratively and criminally
liable for:
ü You own all rights in your User Submissions (including, without limitation, all
rights to the reproduction and display of your User Submissions) or,
alternatively, you have acquired all necessary rights in your User Submissions to
enable you to grant to us the rights in your User Submissions as described in
these Terms;
ü You have paid and will pay in full all license fees, clearance fees, and other
financial obligations, of any kind, arising from any use or commercial
exploitation of your User Submissions;
ü Your User Submissions do not infringe the Intellectual Property Rights, privacy
rights, or any other legal or moral rights of any third party;
ü Any information contained in your User Submission is not known by you to be
false, inaccurate, or misleading;
ü Your User Submission does not violate any law and does not encourage the
violation of any law (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination, marijuana,
alcohol or drug use, or false advertising);
ü Your User Submission is not, and may not reasonably be considered to be,
defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise
biased or offensive, unlawfully threatening, or unlawfully harassing to any
individual, partnership, or corporation, vulgar, pornographic, obscene, or
invasive of another’s privacy;
ü You were not and will not be compensated or granted any consideration by any
third party for submitting or otherwise in connection with your User Submission;
ü Your User Submission does not incorporate materials from a third-party Digital
Services, or addresses, email addresses, contact information, or phone numbers
(other than your own);
ü Your User Submission does not contain any viruses, worms, spyware, adware,
or other potentially damaging programs or files;
ü Your User Submission does not contain any information that you consider
confidential, proprietary, or personal; and
ü Your User Submission does not contain or constitute any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation.
7. Governing Law
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed
by and construed in accordance with the laws of your jurisdiction area.
8. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to FiuzerApp and
additional information.
Notice.
FiuzerApp may give notice by means of a general notice on the Digital Services,
electronic mail to your email address in your Account, or by written communication
sent to your address as set forth in your Account. You may give notice to FiuzerApp by
written communication to email address at support@fiuzer.com
General.
You may not assign or transfer these Terms in whole or in part without
FiuzerApp’s prior written approval. You give your approval to FiuzerApp for it to assign
or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii)
an acquirer of FiuzerApp’s equity, business or assets; or (iii) a successor by merger. No
joint venture, partnership, employment or agency relationship exists between you,
FiuzerApp or any Third Party Provider as a result of the contract between you and
FiuzerApp or use of the Digital Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in
whole or in part, under any law, such provision or part thereof shall to that extent be
deemed not to form part of these Terms but the legality, validity and enforceability of
the other provisions in these Terms shall not be affected. In that event, the parties shall
replace the illegal, invalid or unenforceable provision or part thereof with a provision
or part thereof that is legal, valid and enforceable and that has, to the greatest extent
possible, a similar effect as the illegal, invalid or unenforceable provision or part
thereof, given the contents and purpose of these Terms. These Terms constitute the
entire agreement and understanding of the parties with respect to its subject matter and
replaces and supersedes all prior or contemporaneous agreements or undertakings
regarding such subject matter.
unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation.
7. Governing Law
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed
by and construed in accordance with the laws of your jurisdiction area.
8. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to FiuzerApp and
additional information.
Notice.
FiuzerApp may give notice by means of a general notice on the Digital Services,
electronic mail to your email address in your Account, or by written communication
sent to your address as set forth in your Account. You may give notice to FiuzerApp by
written communication to email address at support@fiuzer.com
General.
You may not assign or transfer these Terms in whole or in part without
FiuzerApp’s prior written approval. You give your approval to FiuzerApp for it to assign
or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii)
an acquirer of FiuzerApp’s equity, business or assets; or (iii) a successor by merger. No
joint venture, partnership, employment or agency relationship exists between you,
FiuzerApp or any Third Party Provider as a result of the contract between you and
FiuzerApp or use of the Digital Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in
whole or in part, under any law, such provision or part thereof shall to that extent be
deemed not to form part of these Terms but the legality, validity and enforceability of
the other provisions in these Terms shall not be affected. In that event, the parties shall
replace the illegal, invalid or unenforceable provision or part thereof with a provision
or part thereof that is legal, valid and enforceable and that has, to the greatest extent
possible, a similar effect as the illegal, invalid or unenforceable provision or part
thereof, given the contents and purpose of these Terms. These Terms constitute the
entire agreement and understanding of the parties with respect to its subject matter and
replaces and supersedes all prior or contemporaneous agreements or undertakings
regarding such subject matter.