These Terms of Service ("Terms") govern your access to and use of Flareby, including the Flareby website, marketplace, Stores, Creator features, Spark communities, Feed, Growth Center, marketing tools, campaigns, messaging, payment-related features, and other services provided by Flareby.
By creating an account, accessing, or using Flareby, you agree to these Terms. If you do not agree, you should not use the services.
1. About Flareby. Flareby is a platform that connects buyers, sellers, creators, businesses, and people who participate in marketing and community activities. Flareby may provide, among other things:
- user profiles and social features
- Creator profiles and content
- Spark communities
- Stores
- a Marketplace
- product listings
- shopping and checkout
- payments and seller payouts
- shipping and delivery functionality
- returns and dispute processes
- Affiliate campaigns
- UGC campaigns
- Clipping campaigns
- marketing and analytics tools
- messaging and communication tools
Flareby may introduce, modify, or discontinue features over time.
2. Eligibility and accounts. You must provide accurate information when creating and maintaining an account. You are responsible for keeping your login credentials secure, maintaining the accuracy of your account information, all activity conducted through your account, and promptly notifying Flareby of unauthorized access. You may not create an account using another person's identity or provide information that is misleading, fraudulent, or intended to conceal your identity where verification is required. Flareby may require additional information or verification for certain features, including selling, receiving payouts, or participating in regulated activities.
3. Different ways of using Flareby. A user may use Flareby in different capacities. Depending on the features available to the user, a person may act as a buyer, seller, Creator, Store owner, Spark participant or owner, Affiliate, UGC participant, Clipper, marketer, or team/Crew member. Having one role does not prevent a user from participating in another role where permitted. Additional terms, eligibility requirements, or verification may apply to particular activities.
4. Marketplace. Flareby operates a marketplace that may allow independent sellers to offer products to buyers. Unless expressly stated otherwise, Flareby is the platform provider and is not the manufacturer or seller of products listed by independent sellers. A purchase made through a Store or Marketplace listing may form a contract between the buyer and the relevant seller. The seller is responsible for the accuracy of its listings, product availability, fulfillment, delivery, applicable legal requirements, and other obligations relating to the sale, subject to applicable law and any responsibilities expressly assumed by Flareby. Where required by applicable law, Flareby will provide information indicating whether a seller is acting as a trader or as a private individual — EU marketplace rules require consumers to be informed of this distinction because consumer protection rights can differ depending on seller status.
5. Seller requirements. To sell through Flareby, sellers must:
- provide accurate information
- provide required business or identity information
- accurately describe products
- use appropriate prices
- maintain accurate availability information
- comply with applicable laws
- fulfill accepted orders
- provide accurate shipping information
- honor applicable return and consumer rights
- respond to legitimate buyer issues
- comply with Flareby marketplace rules
Flareby may require seller verification before or during selling activity. For EU-facing marketplace operations, Flareby may need to collect and verify information about professional sellers and make relevant seller information accessible to users as required by applicable law, including the traceability obligations the Digital Services Act places on online marketplaces.
6. Seller listings. Sellers are responsible for their listings. Listings must accurately describe product characteristics, price, availability, shipping information, applicable restrictions, return information, and other information required by law. Sellers must not list products that are illegal, counterfeit, stolen, unsafe, prohibited by Flareby, or otherwise unlawful to offer through the platform. Flareby may remove, restrict, or suspend listings that violate these Terms, applicable law, or marketplace rules.
7. Buying on Flareby. When you purchase through Flareby, you agree to provide accurate information necessary to complete the transaction. Before completing a purchase, the applicable checkout experience should present relevant information such as products, quantity, price, applicable taxes, shipping costs, available delivery options, applicable delivery restrictions, seller information, and applicable return or withdrawal information — EU rules require clear pre-contractual information for online purchases, including total price, delivery costs, and relevant trader information. A buyer is responsible for providing a valid delivery address and other information required to fulfill an order.
8. Prices, payments, and fees. Prices displayed on Flareby are set by the relevant seller unless expressly stated otherwise. Applicable charges may include product price, shipping, taxes, platform fees where applicable, and other charges disclosed before purchase. Payments may be processed by third-party payment providers. Flareby may facilitate payment collection, seller payouts, refunds, and other payment-related processes through its payment infrastructure. Sellers are responsible for applicable taxes, reporting, and legal obligations relating to their sales unless applicable law provides otherwise.
9. Marketplace fees. Flareby may charge sellers or other users fees for particular services. Applicable fees will be disclosed through the relevant service, Store setup, campaign interface, checkout, or other appropriate interface. Flareby may change its fees prospectively by providing appropriate notice where required. Fees already incurred remain payable unless otherwise stated.
10. Orders. An order may contain products from one or multiple sellers. For multi-seller orders, Flareby may create separate seller-level order and fulfillment records while presenting the buyer with one overall order experience. An order may include product amounts, shipping, taxes, discounts, marketplace fees where applicable, and other disclosed charges. Order confirmation does not remove the seller's obligations to fulfill the order or the buyer's rights under applicable law.
11. Shipping and delivery. Shipping may be provided by sellers, carriers, or logistics providers through Flareby's shipping infrastructure, including standard shipping, express shipping, local pickup, local delivery, or other available methods. Shipping costs and estimated delivery times should be displayed before purchase where required. For multi-seller orders, different products may be delivered in separate shipments and may have different shipping methods, costs, and delivery dates. Sellers remain responsible for fulfilling orders and complying with applicable delivery obligations, subject to applicable law and any specific arrangements made through Flareby.
12. Returns, refunds, and withdrawal rights. Return and refund rights depend on applicable law, seller status, product type, transaction type, and applicable exceptions. Where EU consumer law applies, consumers may generally have a 14-day withdrawal period for qualifying distance contracts, subject to statutory exceptions, and also have legal rights concerning faulty or non-conforming goods. Flareby may provide technical tools for return requests, refund processing, and return shipping. A seller may be responsible for accepting and processing returns where required by law. Flareby's return and refund procedures do not reduce mandatory consumer rights.
13. Disputes and claims. Flareby may provide a marketplace dispute and resolution system, covering issues such as missing delivery, damaged product, incorrect product, product not matching the listing, order fulfillment problems, refund disagreements, return disagreements, and other marketplace issues. Flareby may request evidence such as photographs, videos, tracking information, order information, messages, documents, and other relevant information. Flareby may facilitate communication between the parties and may make a platform-level decision or recommendation where its dispute process provides for this. A Flareby dispute process does not remove mandatory legal rights or remedies available under applicable law.
14. Content and user-generated material. Users may publish content on Flareby, including text, photos, videos, comments, product content, Creator content, Flare content, Spark content, campaign submissions, and other materials. You remain responsible for the content you submit and must have the necessary rights, permissions, and authority to publish it. You must not upload content that infringes intellectual property rights, violates privacy or publicity rights, is unlawful, is fraudulent or misleading, contains malicious code, is abusive, threatening, or harassing, promotes prohibited activities, or violates Flareby policies.
15. Content license to Flareby. You retain ownership of content you create and submit to Flareby, subject to rights belonging to third parties. By uploading or publishing content, you grant Flareby a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, adapt, and technically process that content to the extent reasonably necessary to operate Flareby, display content to other users according to your settings, provide sharing and publishing functionality, provide campaign functionality, maintain backups, improve and secure the service, moderate content, and promote Flareby and its services where permitted and consistent with your settings and applicable law. This license continues for as long as reasonably necessary for the relevant purposes and may continue for backups or content that has already been lawfully distributed where technically necessary. Flareby does not acquire ownership of your content merely because you use the platform.
16. Creator and Spark features. Creators may use Flareby to publish content, build audiences, create or participate in Spark communities, communicate with followers, provide community experiences, and participate in marketplace or marketing activities. Creators remain responsible for the accuracy, legality, and rights associated with their content and offerings. Spark owners may establish rules for their communities, provided those rules do not conflict with applicable law or Flareby's Terms and policies.
17. Growth Center and campaigns. Flareby may allow sellers and creators to create marketing campaigns and other earning opportunities, including Affiliate, UGC, Clipping, and other campaign types Flareby introduces. Campaigns may have separate requirements concerning eligibility, compensation, commission, content requirements, deadlines, usage rights, performance measurement, and submission rules. The terms displayed for a specific campaign may form additional terms governing participation in that campaign.
18. Affiliate program. Affiliate participants may promote products or campaigns and receive commissions where applicable. Affiliate earnings may depend on qualifying clicks, attributed sales, campaign rules, refunds, cancellations, fraud checks, and other conditions disclosed by the campaign. Flareby may reverse or withhold commissions associated with cancelled, refunded, fraudulent, or otherwise invalid transactions where permitted by the campaign terms and applicable law. Affiliate participants are responsible for complying with applicable advertising, disclosure, and consumer protection laws.
19. UGC campaigns. UGC campaigns may allow participants to create original content for sellers or brands. A UGC campaign may define content requirements, compensation, deadlines, submission requirements, approval requirements, permitted usage rights, and revision requirements. Participants must only submit content they have the right to provide. The rights to use submitted content will be governed by the applicable campaign terms.
20. Clipping campaigns. Clipping campaigns may allow participants to create short-form content from authorized source material. Participants may only use source material supplied or authorized through the campaign. Campaign rules may specify permitted platforms, required tags, attribution, content format, submission process, reward structure, and usage rights. Participants must comply with applicable copyright, advertising, and platform rules.
21. Marketing and promotional content. Users participating in marketing campaigns are responsible for ensuring that their promotional content is truthful, appropriately disclosed, and compliant with applicable advertising laws and platform policies. Flareby may require appropriate disclosures for sponsored, affiliate, or compensated content. Users must not make misleading claims about products, earnings, results, or Flareby.
22. Messaging and communication. Flareby may provide messaging and communication tools. You must not use these tools to spam, harass, threaten, defraud, distribute malicious content, solicit illegal activity, distribute prohibited material, or evade Flareby enforcement. Flareby may process communications as described in its Privacy Policy and may take action where necessary to protect users, enforce its rules, or comply with law.
23. Prohibited activities. You may not use Flareby to:
- break the law
- impersonate another person
- create fraudulent accounts
- manipulate transactions
- commit payment fraud
- manipulate reviews or ratings
- manipulate campaign performance
- generate fake clicks or conversions
- abuse affiliate tracking
- upload malware
- infringe intellectual property
- violate privacy rights
- sell prohibited products
- engage in scams
- exploit security vulnerabilities
- interfere with Flareby's operation
- scrape or collect data in violation of applicable law or Flareby's rules
- circumvent technical restrictions
- evade account suspension
- use Flareby for harmful or fraudulent purposes
24. Product safety and illegal goods. Sellers are responsible for ensuring that products they list comply with applicable laws and safety requirements. Flareby may prohibit categories of products or services that present legal, safety, regulatory, or platform risks, and may remove listings, restrict sellers, or cooperate with authorities where required. Online marketplaces operating in the EU are subject to specific obligations concerning illegal products and traceability of professional sellers.
25. Reviews, ratings, and feedback. Where Flareby provides reviews or ratings, users must provide honest and genuine feedback based on their actual experience. Users must not buy or sell fake reviews, manipulate ratings, post reviews for transactions that did not occur, impersonate other customers, or use reviews to threaten or extort sellers or buyers. Flareby may remove reviews that violate its policies or applicable law.
26. Search, ranking, and recommendations. Flareby may organize, rank, and recommend content, products, Stores, creators, or campaigns, considering factors such as relevance, user interaction, content quality, product information, availability, performance, personalization, safety and platform integrity, and other contextual signals. The exact ranking factors may differ between Flareby features. Where applicable law requires specific information about marketplace ranking or recommendation systems — including EU consumer rules requiring information about the main parameters determining ranking of offers and their relative importance — Flareby will provide it through the appropriate interface or policy.
27. Intellectual property. Flareby and its licensors retain rights in Flareby software, interface, branding, logos, trademarks, design, proprietary systems, original Flareby content, and other materials owned by Flareby. You may not copy, reproduce, modify, distribute, reverse engineer, or commercially exploit Flareby materials except as permitted by law or with authorization.
28. Reporting content and infringements. If you believe that content or a listing violates the law, your rights, or Flareby policies, you may report it through the available reporting mechanism, including enough information for Flareby to understand the issue. Flareby may review reports and take appropriate action. Where applicable to Flareby, EU Digital Services Act procedures may require accessible mechanisms for reporting illegal content and handling complaints or appeals.
29. Moderation and enforcement. Flareby may remove content, restrict visibility, remove listings, suspend campaigns, suspend features, limit account functionality, suspend accounts, terminate accounts, or take other measures reasonably necessary to enforce these Terms and applicable law. Where appropriate, Flareby may provide an explanation and an appeal or review mechanism. Flareby may take immediate action where necessary to protect users, prevent fraud, address security risks, or comply with law.
30. Account suspension and termination. You may stop using Flareby at any time. Flareby may suspend or terminate an account where these Terms are violated, applicable law requires action, fraud or abuse is suspected, payment abuse occurs, security is threatened, the account presents material risk to users or Flareby, or the user repeatedly violates marketplace or campaign rules. Termination does not automatically eliminate obligations that arose before termination.
31. Effect of account closure. When an account is closed, access to the account may cease, active campaigns may be affected, pending transactions may continue where necessary, financial records may be retained where required, dispute or return processes may continue, and information may be retained as described in the Privacy Policy.
32. Third-party services. Flareby may integrate with third-party services including payment providers, shipping providers, analytics providers, social networks, communication services, authentication services, and other technology providers. Third-party services may have their own terms and privacy policies. Flareby is not responsible for third-party services except to the extent required by applicable law.
33. Availability and changes to Flareby. Flareby is continuously developed. We may add features, remove features, modify interfaces, change technical requirements, modify limits, introduce new services, or discontinue services. Where changes materially affect users' contractual rights, Flareby will provide appropriate notice where required. We do not guarantee that every feature will always be available.
34. Disclaimer. To the maximum extent permitted by applicable law, Flareby provides the platform and its services subject to applicable legal warranties and the terms expressly stated here. Nothing in these Terms excludes or limits rights or protections that cannot legally be excluded or limited. Flareby does not guarantee uninterrupted availability, that all content is accurate, that every seller is reliable, that every product will meet a buyer's expectations, that every campaign will generate earnings, that users will achieve particular business results, or that the platform will be free from all errors or security risks.
35. Limitation of liability. To the maximum extent permitted by applicable law, Flareby will not be responsible for indirect, incidental, special, or consequential losses arising from use of the platform. Nothing in these Terms limits liability that cannot legally be limited or excluded, including liability that applicable law requires to remain with Flareby. For consumers, mandatory statutory rights and remedies remain unaffected.
36. Indemnification. Where permitted by applicable law, users may be responsible for losses, claims, or costs arising from their unlawful use of Flareby, violation of these Terms, infringement of third-party rights, or misuse of the platform. This section does not apply to the extent that such responsibility cannot lawfully be imposed.
37. Privacy. Flareby's processing of personal data is described in the Flareby Privacy Policy, which explains what information is collected, the purposes of processing, legal bases, sharing, retention, international transfers, user rights, and security. By using Flareby, you acknowledge that personal data may be processed as described in the Privacy Policy.
38. Electronic communications. By using Flareby, you agree that Flareby may communicate with you electronically regarding account activity, orders, payments, shipping, campaigns, security, service changes, and legal notices. Electronic communications may satisfy legal requirements where applicable law permits.
39. Changes to these Terms. We may update these Terms from time to time. When changes are material, we will provide appropriate notice where required by law. The "Last updated" date indicates when the Terms were most recently revised. Your continued use of Flareby after the effective date of updated Terms constitutes acceptance where legally permitted.
40. Governing law. These Terms are governed by the laws applicable to the Flareby legal entity, subject to mandatory consumer protection rules that apply to you. [Insert governing law and jurisdiction after legal entity is established.] Nothing in this section limits mandatory rights you may have under the laws of your country of residence.
41. Dispute resolution. Flareby may provide internal mechanisms for resolving marketplace disputes, account issues, and other platform-related complaints. Where applicable, users may also have rights to use statutory complaint mechanisms, courts, consumer authorities, or other dispute-resolution bodies. Nothing in these Terms prevents a consumer from exercising mandatory legal rights.
42. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law. The invalid provision will be interpreted or replaced to achieve, as closely as legally possible, its intended purpose.
43. No waiver. A failure by Flareby to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision later.
44. Entire agreement. These Terms, together with any policies or additional terms expressly incorporated into them, form the agreement governing your use of Flareby, except where mandatory law provides otherwise. Additional terms may apply to specific services, campaigns, seller programs, or other Flareby features.
45. Contact. For questions regarding these Terms of Service, please contact:
Jakub Solarczyk
Czesława Miłosza 1B/4
68-300 Lubsko
Poland
Email: jakubsolmail@gmail.com