Effective Date: 9/18/2025

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Introduction
Welcome to HasFlair, Co. ("Flair"). These Terms of Service ("Terms") govern your use of Flair’s platform and services as a brand, merchant, or business partner ("you"). By using the platform and services, you agree to these Terms, our Privacy Policy, and to receive electronic notifications from Flair. If you do not agree, please discontinue use immediately.
Flair may update these Terms from time to time. Continued use of Flair’s services after modifications constitutes acceptance of the revised Terms.

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Role of Flair
Flair provides a software platform that helps brands identify, connect with, and manage creators ("Creators"). Flair facilitates introductions and program management but does not guarantee Creator performance, specific outcomes, or ongoing relationships. Flair is not responsible for disputes, obligations, or liabilities between you and any Creator. Flair is also not responsible or liable for any content created, posted, or distributed by Creators, including content that is inaccurate, misleading, disparaging, offensive, or otherwise harmful to your brand’s reputation. You acknowledge that any content produced by a Creator is the sole responsibility of that Creator and that any expectations, approvals, or disputes related to Creator content are between you and the Creator directly.

 

Brand Account & Eligibility
To use Flair, you must provide accurate and up-to-date business and billing information when registering. You represent that you are authorized to enter into these Terms on behalf of your business. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

 

Fees & Payment
Certain services require a paid subscription. Fees are disclosed at signup and billed in accordance with the selected plan. You are solely responsible for paying Creators commissions or other incentives as agreed through Flair. Flair may facilitate automated payments, but you remain ultimately responsible for timely and accurate payment. You are also responsible for all applicable taxes, including VAT, GST/HST, or sales taxes, as required by law. Flair may collect or withhold taxes where legally obligated.

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Use of Creator Data
By using Flair, you may access Creator data such as social media handles, engagement metrics, and discount code performance. You agree to use this data solely for legitimate business purposes related to your partnership with the Creator. You may not sell, transfer, or misuse Creator data, and you must comply with applicable privacy and data protection laws (including CCPA, CPRA, and international equivalents).

 

Compliance with Laws
You are responsible for ensuring that your use of Flair complies with consumer protection, advertising, and marketing laws; FTC Endorsement Guides, Canadian Competition Bureau guidelines, and any equivalent local regulations; and tax, labor, and employment laws applicable to payments or incentives you provide to Creators.

 

Intellectual Property
Flair owns all rights, title, and interest in its platform, software, databases, and trademarks. You retain ownership of your brand assets such as logos, trademarks, and product images, but grant Flair a non-exclusive, royalty-free license to use them as necessary for providing services. You may not copy, distribute, or reverse engineer any part of the Flair platform.

 

Prohibited Conduct
You may not misrepresent offers, promotions, or Creator compensation. You may not circumvent Flair to work with Creators outside the platform for substantially similar services introduced by Flair within 12 months. You may not use Creator content without appropriate permission or required disclosures, nor may you engage in fraudulent, illegal, or harmful conduct.

 

Indemnification
You agree to indemnify, defend, and hold harmless Flair, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising from your use of the platform, your dealings with Creators, or your violation of these Terms or applicable law.

 

Limitation of Liability
To the maximum extent permitted by law, Flair is not liable for indirect, incidental, or consequential damages; for Creator performance or non-performance; or for business losses, lost profits, or reputational harm. Flair’s total liability under these Terms is limited to the greater of USD $100 or the subscription fees paid by you to Flair in the 12 months preceding the claim.

 

Dispute Resolution & Governing Law
For U.S. brands, these Terms are governed by California law. Disputes will be resolved by binding arbitration under the Federal Arbitration Act, with no jury trials or class actions permitted. For Canadian brands, these Terms are governed by the laws of the Province of Ontario and federal laws of Canada. Mandatory arbitration applies to the extent permitted by law.

 

Termination
Flair may suspend or terminate your account at its discretion for violations of these Terms or applicable law. You may terminate your account at any time by ceasing use of the platform and paying any outstanding fees. Upon termination, your access to Creator data will be revoked.