Terms of Service
Effective Date:
20/01/2025
Last Updated:
20/02/2025
1. Introduction
These Brand Terms of Use ("Terms") constitute a legally binding agreement between the brand, agency, or business entity ("Brand" or "you") and Flywheel, Inc. ("Flywheel," "we," "us," or "our"). These Terms govern your access to and use of Flywheel’s website, software, services, and marketplace (collectively, the "Services"), including the management, commissioning, and tracking of influencer and creator partnerships.
By accessing, registering for, or using the Services, you agree to be bound by these Terms. If you do not agree, you must discontinue your use of the Services immediately.
For any inquiries, you may contact us at support@useflywheel.co.
2. Amendments to These Terms
Flywheel reserves the right to modify these Terms at any time. Material changes will be communicated through one or more of the following methods: (i) email notification to the registered account holder, (ii) platform notification upon login, or (iii) updates on our legal page. Continued use of the Services after such modifications constitute acceptance of the revised Terms. If you do not agree with the modifications, you must discontinue your use of the Services.
3. Account Registration and Responsibilities
To access and use the Services, you must register an account with accurate and up-to-date business information. You are responsible for maintaining the security of your login credentials and for ensuring compliance with all applicable U.S. laws, including the Federal Trade Commission (FTC) guidelines on advertising.
You are prohibited from creating multiple accounts without authorization, sharing login credentials with unauthorized parties, or engaging in any fraudulent, misleading, or deceptive practices through the Services. Flywheel reserves the right to suspend or terminate accounts found to be in violation of these Terms.
4. Fees, Payments, and Subscriptions
4.1 Payment Obligations
Certain features of the Services require payment of subscription fees, commission-based payments, or pay-per-use fees. Fees are non-refundable except as expressly stated herein or required by law. Payments are processed through third-party payment providers, and you agree to abide by their respective terms of service.
4.2 Automatic Renewals and Cancellation
Subscriptions renew automatically unless canceled prior to the next billing cycle. You may cancel your subscription through the Account Settings or by contacting Flywheel Support. Failure to cancel before renewal will result in continued charges for the upcoming billing period.
4.3 Late Payments
Failure to make timely payments may result in service suspension or termination. Late payments are subject to a finance charge of 1.5% per month or the maximum amount permitted by law, whichever is lower.
5. Use of the Flywheel Platform
By using the Services, you agree to act in compliance with all applicable laws and industry regulations and to respect the rights of creators and other users of the platform. You may not manipulate engagement metrics, circumvent Flywheel’s fee structure, engage with Flywheel creators outside the platform in a manner that competes with the Services, post harmful or unlawful content, or use automated methods to interact with the Services.
Flywheel reserves the right to investigate and take appropriate action, including account termination and legal recourse, in response to violations of these Terms.
6. Intellectual Property and Content Rights
6.1 Ownership of Creator Content
When you engage with creators through Flywheel and purchase content, you receive a non-exclusive, worldwide, perpetual license for commercial use of the content as agreed upon within the platform. You may not modify, resell, or redistribute creator content beyond the scope of the agreed-upon license.
6.2 Use of Brand Assets by Flywheel
By using the Services, you grant Flywheel a limited, non-exclusive license to use your brand name, logo, and associated marketing materials for platform promotion and case studies, unless you expressly revoke such permission in writing.
7. Advertising Compliance
7.1 Compliance with Applicable Laws
All campaigns executed through Flywheel must comply with FTC guidelines, truth-in-advertising laws, and intellectual property regulations. You are solely responsible for ensuring that all marketing content created on your behalf adheres to these requirements.
7.2 Sponsorship Disclosure Requirements
Flywheel provides a platform where users may receive perks, rewards, or incentives from brands based on various engagement activities. Participation in Flywheel’s Services does not require users to create or share content, and any decision to post about a brand is made independently by the user. Flywheel does not track, require, or verify whether a user’s post is made due to an incentive or posted voluntarily.
Brands using Flywheel are solely responsible for ensuring that any content associated with their marketing efforts complies with Federal Trade Commission (FTC) regulations, truth-in-advertising laws, and any other applicable legal requirements. Flywheel does not provide legal guidance, enforce disclosure requirements, or monitor user-generated content for compliance purposes.
Flywheel assumes no liability for any claims, penalties, or disputes related to advertising disclosures. By using the Services, Brands agree to indemnify and hold Flywheel harmless from any liabilities, damages, or legal claims arising from non-compliance with advertising laws.
8. Privacy and Data Protection
Flywheel collects and processes data in accordance with our Privacy Policy. You are prohibited from collecting, storing, selling, or transferring personal data of creators obtained through Flywheel beyond the permissible scope defined by the platform. Any unauthorized use of creator data will be grounds for account termination and potential legal action.
9. Termination and Account Suspension
9.1 Termination by Brand
You may terminate your account at any time by canceling your subscription in the Account Settings or by submitting a request to Flywheel Support. Termination does not entitle you to a refund for fees already paid.
9.2 Termination by Flywheel
Flywheel may suspend or terminate your account if you violate these Terms, fail to make payments, or engage in fraudulent or harmful activities. Upon termination, you will lose access to the Services, and any outstanding payments will remain due.
10. Limitation of Liability and Dispute Resolution
10.1 Limitation of Liability
To the fullest extent permitted by law, Flywheel disclaims all liability for indirect, incidental, consequential, or special damages, including but not limited to lost profits, reputational harm, and business disruptions. Flywheel’s total liability under these Terms shall not exceed the total amount paid by you to Flywheel in the preceding twelve (12) months.
10.2 Dispute Resolution and Arbitration
All disputes arising out of or relating to these Terms shall be resolved exclusively through binding arbitration in [Insert Location], in accordance with the rules of the American Arbitration Association. Class-action lawsuits are expressly prohibited. If you do not agree to arbitration, you must discontinue use of the Services.
11. General Provisions
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Insert State], without regard to conflict of law principles.
11.2 Severability
If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
11.4 Entire Agreement
These Terms constitute the entire agreement between you and Flywheel concerning the subject matter hereof and supersede all prior agreements, whether written or oral.
12. Contact Information
For any inquiries, legal notices, or service-related issues, you may contact Flywheel at:
Email: support@useflywheel.co
By accessing and using Flywheel, you acknowledge that you have read, understood, and agreed to these Terms.