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Terms & Conditions

RULES AND GUIDELINES - GENERAL

Both influencers and brands need to ensure they apply the latest best practice so that no campaign or post is false or misleading. FLUENCE PAY expects that all users comply with all applicable laws and industry self-regulation. This means that all influencer marketing posts facilitated through FLUENCE PAY should be transparent and labelled with appropriate disclosures.

RULES AND GUIDELINES - BRAND

Be responsive. Please appreciate the energy each Influencer has invested into their post proposals by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.

CREATOR RULES & GUIDELINES

Content Requirements

  • Your post must remain on top of your feed for a minimum of 10 hours and on your platform for 60 days.
  • All content must be original and unpublished elsewhere prior to submission to the brand.
  • All imagery must be owned and captured by you, unless the brand provides specific alternative directions.

Authenticity Standards

  • Only recommend brands you genuinely support - paid promotions should reflect your honest opinions.
  • We partner exclusively with creators who have built their audience organically.
  • Misrepresentation of audience size or engagement metrics may result in immediate account termination.

Quality Assurance

  • Avoid promoting competing brands in quick succession.
  • Maintain a balanced content feed without excessive sponsored posts to preserve audience trust.

Prohibited Activities

  • Returning products and claiming refunds after receiving cashback is prohibited.
  • Any platform misuse may result in account termination and possible legal action.

Content Usage Rights

  • By submitting content through the FLUENCE PAY app, you grant FLUENCE PAY and its partner brands permission to use your content for advertising and promotional purposes.

Terms of use

1. Introduction:

Thanks for using FLUENCE PAY. We would like you to read these Terms of Service ("Terms/Terms of Service", "Agreement") carefully, before you use our platform or any of its services (we will call them "Services"). This is important because these Terms are a legally binding document. They govern your use of our website (https://www.fluencepay.com) and our mobile application called FLUENCE PAY (collectively, the "Platform") created by Fluence Pay FZ-LLC, a company incorporated under the laws of UAE, with its registered office at in5 Tech, Dubai Internet City, Dubai, UAE ("FLUENCE PAY").

FLUENCE PAY is a technology platform that facilitates rewards, cashback, and brand engagement programs and may enable access to third-party financial products. FLUENCE PAY itself is not a bank, financial institution, or payment service provider.

2. Eligibility:

The FLUENCE PAY App is intended solely for users at least 18 years of age or above. The cashback bank cards are exclusively available only for residents of UAE. Any application to cards by anyone under 18 or non-residents of UAE is expressly prohibited. By using the App, you represent and warrant that you are eligible.

In addition to above, to be eligible to use the FLUENCE PAY platform and services, you must meet certain criteria as set by FLUENCE PAY. These criteria may change from time to time at the sole discretion of FLUENCE PAY. As of now, the criteria include:

  • You must have a public profile of a social media account – currently only Instagram and TikTok are integrated. You may have an account on either or both.
  • You must be an active media user. This means you should have posted at least 10 times in the last 30 days on your social media account.

Please note that meeting these criteria does not automatically make you eligible to use the FLUENCE PAY platform and services. FLUENCE PAY reserves the right to determine the eligibility of a user based on its internal criteria, which may include but are not limited to the quality of content on the user's Instagram profile, user's engagement levels, the relevance of the user's content to the FLUENCE PAY brand, etc.

FLUENCE PAY also reserves the right to revoke a user's eligibility if the user fails to meet the eligibility criteria at any point of time during their use of the FLUENCE PAY platform and services. If your eligibility is revoked, you may lose access to certain features or services of the FLUENCE PAY platform, or your account may be terminated.

Please note that these eligibility criteria are subject to change, and it is your responsibility to regularly check the terms and conditions to ensure you meet the current eligibility criteria.

FLUENCE PAY reserves the right to conduct verification, KYC, and risk assessments and may approve or reject any user at its sole discretion.

3. Acceptance of Terms

3.1. Acceptance:

By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. We may monitor usage, device signals, and behavioural indicators to prevent fraud and ensure platform integrity, subject to applicable law.

3.2. Compliance with Applicable Laws:

You must ensure that your use of the Platform and the Services complies with Applicable Laws.

4. FLUENCE PAY Partnerships and Associations:

FLUENCE PAY operates in collaboration with various strategic partners and these partnerships are integral to our ability to provide you with our unique services and offerings. By choosing to use our platform and services, you acknowledge and accept that your engagement with us involves interactions with such Partners, who contribute significantly to the overall service provision and experience we offer.

FLUENCE PAY does not control and is not responsible for partner services, policies, or actions. Any financial or redemption services are provided by licensed third parties.

6. Privacy and data security

6.1. Our Privacy Policy:

The privacy of your information is important to us. Our Privacy Policy explains in detail how we manage your data when you use our Services. Please review this policy closely, because you must agree to the Privacy Policy before using our Services.

6.2. Third Party Access:

We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous, aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute, or license the aggregated, anonymous research data for any purpose.

6.3. Despite our best efforts:

you understand that transmissions on the internet cannot always be secure. You are responsible for safeguarding your mobile device, phone number, one-time passwords, log-in credentials and any other information used to access our Services. If you do not take necessary safeguards you will be responsible, within limits imposed by law, for any loss associated with the unauthorized use of your FLUENCE PAY Account.

FLUENCE PAY implements industry-standard safeguards but cannot guarantee absolute security.

7. Services & Process

FLUENCE PAY is a marketing technology platform that incentivizes users to make lifestyle purchases using payment services via FLUENCE PAY's co-brand partners and share their experiences on social media.

To create a FLUENCE PAY Account, you must provide us with:

  • Your phone number (which we will authenticate with a one-time password)
  • Permission for FLUENCE PAY to access your SMS, contacts, location data, installed applications, and such other device data that FLUENCE PAY may require (from time to time) to provide you the Services.
  • Your social media details and permission to read, and collect data from your social media profiles, including explicitly shared information, public data, and data collected via third-party platforms.

At the time of creating the FLUENCE PAY Account or any time after that (while you are using the Services), FLUENCE PAY may also ask you to provide details about yourself which include without limitation:

  • Your name,
  • Email address,
  • Date of birth,
  • Residential address,
  • Employment type and place of work,
  • Any demographic data,
  • Monthly income,

Collectively, this information (that you provide to FLUENCE PAY) is referred to as "FLUENCE PAY Account Data". The types of data that come under the category of FLUENCE PAY Account Data have been described in greater detail in the Privacy Policy and are incorporated here by reference. Use of the FLUENCE PAY Account Data will be governed by the Privacy Policy and these Terms.

You must add such information and documents requested in the manner prompted on the Platform. If you revoke any permissions on the Platform, we may restrict or deny your use of the Platform (or any of its features) to the extent that such information or documentation is necessary to provide you with the Services.

If we believe that the information you provide to us is unreliable or incorrect, then we may (at our discretion) disallow you from opening a FLUENCE PAY Account. If we discover any deficiency in the information provided by you on a later date, we may terminate your FLUENCE PAY Account. Please note that we may (from time to time) ask you to provide us with information about yourself to allow you to continue using the Platform and its Services.

Such permissions will only be requested where necessary and subject to your explicit consent.

10. Misuse, Fraud & Fair Use Policy

To protect the FLUENCE PAY platform and ensure fair use, we reserve the right to take corrective actions — including temporarily or permanently blocking your FLUENCE PAY card — under the following circumstances:

  • i) If we detect any suspicious or fraudulent activity intended to exploit the system or gain undue benefits.

These actions are at FLUENCE PAY's sole discretion, in the interest of platform security and partner brand trust. We may do so without prior notice. FLUENCE PAY has the right to:

  • Reverse rewards
  • Clawback cashback
  • Suspend accounts

11. Third party disclosures

We may disclose the information you provide us to third parties: (i) where it is necessary or helpful for completing a transaction; (ii) in order to comply with any law or to comply with requirements of any government agency or court orders; (iii) to service providers who administer the Wallet or perform data processing, records management , collections, and other similar services for us, in order that they may perform those services; (iv) in order to prevent, investigate or report possible illegal activity; (v) in order to issue authorizations for transactions; and (vi) as otherwise permitted by law. Please see our Privacy Policy for further details.

FLUENCE PAY may (from time to time) allow third party service providers to offer their users the ability to log-in to their websites/mobile applications through the FLUENCE PAY Account log-in credentials. FLUENCE PAY does not endorse these third party websites and applications that allow you to sign in with FLUENCE PAY Account log-in credentials, and takes no responsibility for them. We are not liable for third-party misuse once data is shared lawfully.

12. Termination

We may terminate the Services we provide at any time, for any reason, and without advance notice. This means we can stop providing you with any Services, or impose new or additional limits without notifying you. However, we will always notify you when the law requires us to update you regarding any changes. You may stop using the Services at any time.

13. Opt-out request

In case you do not want to continue using our Platform and the Services and want to deactivate your FLUENCE PAY Account, and/or unsubscribe from the mailing lists, or you do not agree with any provision of these Terms and wish to opt out of receiving our Services, please contact us at contact@fluencepay.com

Electronic communication

By using our Platform, you consent to receiving communications from us electronically. We may communicate with you by email, push notifications (on the Platform) and SMS. You agree that all electronic agreements, notices, disclosures and other communications satisfy any requirements under Applicable Law and that such communications are in writing. Please let us know if the information you share with us (including your email address and other contact details) changes. Our emails to you will be sent to the email address you last provided us, that is, if you shared your email address with us through the Platform. We will assume that you have received the email once it is sent from the outbox of our email address.

14. Indemnity

You agree to indemnify, defend and hold harmless, us, our affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to (i) your access to or use of the Platform and/or Services; (ii) your breach of these Terms and the Privacy Policy, (iii) your improper use of the Platform and/or Services; or (iv) your breach of any Applicable Laws or third-party rights.

15. Limitation of liability

You agree that access and use of the Services is at your own risk. Except as required by law, you agree that FLUENCE PAY will not be liable for any harms arising out of your use of the Services, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, even if we have advised you of the possibility of such harms.

In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be capped to fees paid in last 12 months or AED 1,000, whichever higher.

We will not be liable, for instance:

  • if, through no fault of ours, your Wallet does not have sufficient funds for the transaction or funds are unavailable for withdrawal;
  • if a computer system, ATM, or PoS terminal was not working properly and you knew about the problem when you started the transaction;
  • if the ATM where you are making the transaction does not have enough cash;
  • if a merchant refuses to honour the payment made through the Wallet;
  • if circumstances beyond our control (including but not limited to fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
  • if you attempt to use a Physical Card that has not been properly activated; or
  • if the Physical Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you.

16. Disclaimer of warranties

16.1.

We make reasonable efforts to make the Platform and/or Services available, but we make no representations or warranties regarding the same, including the time needed to complete transaction processing because this is dependent on many factors outside our control.

16.2.

FLUENCE PAY through the Platform only helps you gain access to your Wallet. FLUENCE PAY is not liable for any losses that may occur as a result of the acts or omissions of any other third party service providers.

16.3.

The Platform and Services are provided on an "as is" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. In no event shall we or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the Terms by another user or arising out of the use of, or the reliance on, any of the Services or the Platform.

17. Obligations and restrictions on you

No scaling or jeopardizing our platform: You agree to not interfere with or use non-public areas of our Platform and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your FLUENCE PAY Account. We may further report such actions to the appropriate law enforcement authorities and initiate legal action.

No commercial usage: You shall use the Services only for your lawful and personal use.

No illegal usage: You shall not use the Platform or the Services for committing fraud, embezzlement, money laundering or for any other unlawful and/or illegal purposes.

Duty to provide true information: The information you provide is used by us and the Bank to determine your eligibility and continuing use of your Wallet. It is critical that all information you provide to us is true, complete, not misleading and is regularly updated by you. If all or any part of this information is incorrect, incomplete or misleading, it would be a breach of these Terms and a violation of the law. We may approach appropriate authorities to initiate legal action against you. You must further ensure that you do not do anything that can make the information provided by you incorrect, incomplete or misleading at a later date. If you discover any information provided is incorrect, incomplete or misleading, then please write to our Grievance Officer (details given below) immediately.

Duty to be responsible: Considering the nature of the Platform and Services provided, please ensure that you keep your mobile device safe. You are solely responsible for all activities that occur under your credentials on the Platform and for any amounts debited from or credited to your Wallet. You should keep your password safe and not disclose your FLUENCE PAY Account details to any third party or share your FLUENCE PAY Account with any third party. If you think someone has gained access to your FLUENCE PAY Account or your Wallet Account without your permission, please contact our Grievance Officer immediately.

Ensure compatibility and keep updated: You must ensure that you keep updating the Platform as and when we release new versions of it. Failure to do so may make you incapable of using the Platform and our Services.

18. Force majeure

Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to a deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

19. Intellectual property

All of the content on the Platform, including, all images, illustrations, graphics, video clips, text, reports generated, trademarks, as well as the underlying code of the Platform ("Platform Content"), constitutes our intellectual property (FLUENCE PAY or one of FLUENCE PAY partners as the case may be).

We give you a limited, non-transferrable, non-sub-licensable and revocable license to access the Platform, avail of the features of the Platform for your personal, lawful requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission. No rights to brand assets or trademarks are granted.

20. Governing law & arbitration

20.1.

These Terms and any action related thereto will be governed by Applicable Law. Any disputes arising out of or related to these Terms and/or the Platform, or the Services (collectively, "Dispute") shall be subject to the jurisdiction of the courts located at DIFC, Dubai, UAE.

20.2.

Any and all Disputes shall be referred to and finally resolved by arbitration, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by FLUENCE PAY. The seat and venue of arbitration shall be DIFC, Dubai, UAE. The award and decision of the arbitrator shall be final and binding on all parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

21. General provisions

Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.

Waiver: Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.

Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law & arbitration shall survive the efflux of time and the termination of these Terms.

Severability: If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under Applicable Law.

22. Regulatory changes

You understand and agree that we may have to modify the Services as well as the Platform on account of any regulatory changes. In such case, if you become incapable of using all or any part of the Platform or the Services, we shall not be liable to you in any manner.

23. Third party content and advertisements

We may, from time to time, display offers, services, products and advertisements from third parties on our Platform for your benefit. However, this does not mean we endorse these third parties or their products and services. If you accept any of the products or services of such third parties, such arrangement shall be solely between you and the third party. We will not be liable in any manner for such products or services of such third parties.

24. Customer support and grievance redressal

In order to address any questions or grievances that you may have regarding the use of your FLUENCE PAY Account, please contact our Grievance Officer:

Office hours: 12 noon to 7 PM.

Email address: contact@fluencepay.com